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Home My WebLink About11/15/2005 - Regular Roanoke County Board of Supervisors Agenda November 15, 2005 Good afternoon and welcome to our meeting for November 15, 2005. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Ken Wright Evangel Foursquare Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2005-2006 budget in accordance with Section 15.2-2507, Code of Virginia. (Diane D. Hyatt, Chief Financial Officer) D. BRIEFINGS 1. Briefing regarding Roanoke County/Hollins University collaborative project Technical Education for Kids (TEK) Camp 2006. (Doug Chittum, Director of Economic Development; Carol Reed, Chief Information Officer - Hollins University) 2. Briefing regarding the Real Estate Valuation Department process and upcoming work session. (Elmer C. Hodge, County Administrator) 1 E. NEW BUSINESS 1. Presentation of the results of operations for the fiscal year ended June 30, 2005 and appropriation of funds. (Rebecca E. Owens, Director of Finance) 2. Request to assign the option to purchase land (Higginbotham Farms property) for the new regional jail to the Western Virginia Regional Jail Authority. (John M. Chambliss, Assistant County Administrator) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to review Section 30-71, EP Explore Park District, and related sections 30-29, and 30-80 through 30-88 of the Roanoke County Zoning Ordinance, Vinton Magisterial District, upon the petition of the Roanoke County Planning Commission. 2. First reading of an ordinance to rezone 774.±. acres from EP, Explore Park District with existing master plan and existing proffered conditions, to EP, Explore Park District with new master plan and new proffered conditions, Vinton Magisterial District, upon the petition of Virginia Living Histories, Inc. and the Virginia Recreational Facilities Authority. 3. First reading of an ordinance to obtain a special use perm it to construct a 150 ft. broadcast tower on North Mountain accessed from the 5200 Block of Keffer Road, Catawba Magisterial District, upon the petition of Cellco Partnership, dlbla Verizon Wireless. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second 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. (Paul M. Mahoney, County Attorney) I. APPOINTMENTS 1. Blue Ridge Behavioral Healthcare 2. Disability Services Board 2 3. Grievance Panel 4. Library Board (Appointed by District) 5. Roanoke County Planning Commission (Appointed by District) 6. Roanoke Valley Resource Authority 7. Western Virginia Regional Jail Authority 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 25, 2005 2. Resolution of appreciation to Ruth A. Johnson, Library Services, upon her retirement after twenty-six years of service 3. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal-Mart Foundation for the purchase of safety education equipment 4. Acceptance of Chateau Court and a portion of Golden Ivy Drive into the Virginia Department of Transportation Secondary System 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $20,000 from the Virginia Department of Emergency Management for the continuation of the Regional Citizen Corp Council and Community Emergency Response Team (CERT) training K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Capital Projects 5. Accounts Paid - October 2005 6. Statement of expenditures and estimated and actual revenues for the month ended October 31, 2005 7. Statement of Treasurer's accountability per investment and portfolio policy as of October 31, 2005 8. Public Safety Center Building Project Budget Report 9. Public Safety Center Building Project Change Order Report 10. Joint proclamation signed by the Chairman 11. Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in October 2005 O. CLOSED MEETING P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss implementation of 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA). (Diane D. Hyatt, Chief Financial Officer; F. Kevin Hutchins, Treasurer; Nancy J. Horn, Commissioner of the Revenue) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation to Vicki W. Thomas, Police Department, upon her retirement after thirty years of service 4 2. Proclamation declaring November 13, through 19, 2005, as "American Education Week" in the County of Roanoke S. NEW BUSINESS 1. Request for appropriation of final year-end balance from school operations for the fiscal year ended June 30, 2005. (Diane D. Hyatt, Chief Financial Officer; Penny A. Hodge, Director of Budget and Finance -Roanoke County Schools) 2. Request to adopt a resolution authorizing the applications for literary loans to fund renovations at Northside High School and William Byrd High School. (Diane D. Hyatt, Chief Financial Officer) T. PUBLIC HEARING 1. Public hearing to receive citizen comments regarding the request that the 2006 Session of the Virginia General Assembly amend the Roanoke County Charter to authorize Roanoke County to levy and collect a tax on tobacco products. (Paul Mahoney, County Attorney) U. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Continued until December 20. 2005. at the reQuest of the PlanninQ Commission. Second 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. (Janet Scheid, Chief Planner) 2. Second reading of an ordinance to rezone .98 acres from C1, Office District, to C2, General Commercial District, and to obtain a special use permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road, Cave Spring Magisterial District, upon the petition of Seaside Heights, LLC (Bojangles). (Janet Scheid, Chief Planner) V. CITIZENS' COMMENTS AND COMMUNICATIONS 5 W. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Joseph B. "Butch" Church 3. Michael A. Wray 4. Richard C. Flora 5. Michael W. Altizer x. ADJOURNMENT 6 ACTION NO. ITEM NO. r -\ ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Public hearing to receive citizen comments regarding proposed amendments to the fiscal year 2005-2006 budget in accordance with Section 15.2-2507, Code of Virginia SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~- /J~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is a public hearing to secure citizen's comments concerning amending the FY 2005-06 budget by adjusting the aggregate amount to be appropriated during the fiscal year. Section 15.2-2507 of the Code of Virginia, as amended, provides that whenever such amendment exceeds 1 % of the total expenditures shown in the adopted budget or $500,000, whichever is lesser, the County must publish notice of a meeting and public hearing. The notice must state the County's intent to amend the budget and include a brief synopsis of the proposed budget amendment. This notice was published on November 8, 2005. 1. Appropriation of an amount not to exceed $54,393 in fee for service revenues in excess of budget to be used for Fire & Rescue capital fund purchases 2. Appropriation of an amount not to exceed $679,628 to the Major County Capital Reserve 3. Appropriation of an amount not to exceed $784,359 to the Minor County Capital Reserve C-I 4. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal-Mart Foundation for the purchase of safety education equipment 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $20,000 from the Virginia Department of Emergency Management for the Community Emergency Response Team (CERT) program FISCAL IMPACT: There is no fiscal impact as a result of the public hearing. Requests for appropriations will occur later on this agenda. STAFF RECOMMENDATION: It is recommended that the Board hold the required public hearing. Board action appropriating funds, as provided in this notice, will occur later during this meeting. · ACTION NO. ITEM NO. 0 - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Briefing regarding Roanoke CountylHollins University collaborative project Technical Education for Kids (TEK) Camp 2006 SUBMITTED BY: Doug Chittum Director of Economic Development APPROVED BY: Elmer C. Hodge [1/ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke Valley leaders continue to raise concerns about losing too many of our young people to other communities with more advanced job opportunities. Fostering entrepreneurship is one way to combat this problem. Also, our existing businesses have identified the need for well trained workers with a strong technology background to replace the "baby boomers" as they began to retire. In response to these issues, Roanoke County and Hollins University have collaborated over the past two years to develop a technology education summer camp targeted to children with limited resources in Roanoke County, the Town of Vinton, and the City of Salem. To our knowledge, this is the first regional program to target this youth population. The pilot camp was held in 2005 with 12 students and 3 corporate sponsors. The Hollins University campus was "home base" for the week long camp. The curriculum was developed by our staff and included such topics as the use of digital cameras, safe and effective use of the internet, web page design and maintenance, creating a job resume and effective job searching, and use of technology in the public safety field including robotics and thermal imaging. Local businesses donated time and effort to provide hands-on experience to the students, emphasizing the relevance and importance of technology proficiency in the modern workplace regardless of the chosen profession. A graduation ceremony was held on the Hollins University campus where the students were recognized .. -]) - \ and given a graduation present rewarding their achievement. Supervisor Richard Flora participated in the graduation celebration, and families of the students were also invited to attend. Feedback from the students after completion of the camp was extremely positive. Those who have pioneered this new program feel that there is potential for TEK Camp to make a significant impact on the lives of those students willing to put forth the effort to complete the camp. TEK Camp 2006 planning is underway with a goal of 30 new students utilizing 6 graduates from the Class of 2005 to serve as camp counselors. We are expecting an even stronger presence from the business community and several Roanoke Valley businesses have already expressed interest in financially participating in this important effort. RVTV is currently producing a video piece for use in promoting the camp and soliciting participation from the business community. We will provide you with copies of this piece when it is completed within the next month. If the 2006 TEK Camp achieves the same degree of success as the 2005 program, then the university and local government would like to expand the program to serve as a workforce development role model for community investment on the state level. I can not say enough about the dedication of the individuals involved in the development and implementation of this program. This is truly a textbook example of the importance of collaboration between local government and higher education. It is also a testament to the abilities and willingness of our management team to work together to address a demonstrated need in our community. Most importantly, we must remember that the students are the ones who ultimately make this program successful. The willingness of the students to dedicate part of their summer to improve their educational skills serves as a reminder to the rest of us that you can make a difference in improving your community, one person at a time. The bottom line is that the young people identified above are the individuals who will make up the workforce in the Roanoke Valley over the next decade. Therefore, Roanoke County and Hollins University are partnering to educate this segment of our youth on the importance of technology skills and the relationship of these skills to their future careers. Carol Reed, Chief Information Officer for Hollins University, will be in attendance at the meeting. ACTION NO. ITEM NO. o-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Briefing regarding the Real Estate Valuation Department process and upcoming work session SUBMITTED BY: Elmer C. Hodge ell County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At the October 25 meeting, the Board requested that staff schedule a work session on November 15 to discuss the real estate valuation process. Since that time, staff has contacted representatives from the Virginia Department of Taxation and Mike Quinn, Department of Taxation for Norfolk Southern Corporation, to develop an analysis of Roanoke County assessment data. Mr. Quinn was unavailable to attend the November 15 Board meeting. Therefore, staff is requesting that this work session be scheduled for the December 6 meeting to allow Mr. Quinn to attend and present the results of the analysis. ACTION NO. ITEM NO. E -l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Presentation of the results of operations for the fiscal year ended June 30,2005 and appropriation of funds SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge éJ/t.- f/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: KPMG LLP has completed their audit of the financial operations of the County of Roanoke and the County of Roanoke Schools for the year ended June 30, 2005. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be distributed to the Board of Supervisors as soon as it is received from the printer. The Audit Committee meeting originally scheduled for today was rescheduled for December 6, 2005 at 2 p.m. due to a scheduling conflict for the auditors, however we did not want to delay the presentation of the results of operations for the year ended June 30, 2005 and appropriation of funds. The information in this report is the same information that was presented at the worksession on September 27, 2005. Revenues of the County of Roanoke for the Year Ended June 30, 2005: The County operations for the year ended June 30,2005 resulted in general fund revenues $1,837,478 over budget as shown on Attachment I. The additional revenues collected were primarily from increased tax collections in the areas of real estate, recordation and conveyance tax, bank franchise tax and cellular phone tax. This is attributed to a more positive economic climate. A detailed analysis of the general fund revenues is outlined in Attachment II. 1 E-I Fee for Service revenues exceeded budget by $54,393. At the time the Ambulance Fee was approved, these revenues were verbally committed to Fire and Rescue and will need to be appropriated accordingly. Staff recommends appropriating $54,393 to Fire and Rescue capital account. This leaves a balance of $1,783,085. During 2004-05, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The polices for use of general fund revenues and expenditures in excess of budget at year end designates portions of year-end balance for major and minor capital projects as well as to the general fund unappropriated balance. Based upon these policies, staff recommends the following appropriations: · $1,103,457 to be added to the general fund unappropriated balance. This will increase the General Fund Unappropriated Balance from $11,808,285 to $12,911,742 at June 30, 2005 which is 8.28% of the 2005-2006 General Fund Revenues as shown on Attachment III. No action is required from the Board for these funds to close to the unappropriated balance. · $679,628 to be appropriated to the Major County Capital Reserve. Expenditures of the County of Roanoke for the Year Ended June 30. 2005: Departmental expenditure savings were $1,416,242 as shown on Attachment IV. From this amount, the Board previously approved at the August 23,2005 funding for additional Animal Control Officers in the amount of $70,460 from year end money. Based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy, staff recommends the following appropriations: · Department rollovers totaling $561,423 outlined in Attachment V. · $784,359 to be appropriated to the Minor County Capital Reserve. STAFF RECOMMENDATION: The Board has previously approved either by policy or board action the above items noted and the only actions required by the Board are to: 1. Appropriate the Fee for Service in excess of budget of $54,393 to Fire and Rescue capital account. 2. Appropriate $679,628 to the Major County Capital Reserve. 3. Appropriate $784,359 to the Minor County Capital Reserve. 2 County of Roanoke, Virginia Summary of General Operating Fund Revenues For the Year Ended June 30, 2005 Budgeted Revenues Revenues and transfers $ 137.358,222 Excess Fire and Rescue Fees (Requires board action for appropriation) Total amount available from revenue collections above budget Use of revenue collections above budget: Addition to General Fund Unappropriated Balance Transfer to Major County Capital Reserve (Requires board action) Total use of revenue collections above budget Actual Revenues $ 139,195,700 E-I Attachment I Amount $ 1,837,478 (54,393) $ 1,783,085 $ 1,103,457 679,628 $ 1,783,085 Page 3 c Q) E .J:: U OJ t: « CII CII ~ C\I Q) :>. I:: ~ :u-o( g E ~ C\I E I:: o :J Q) O:::(/» .... Q) OQ)O::: ~êLO I::Q)C :J > C oQ)~ ()O:::~ C N >- LI. VI cn.....'E .::! 0 Q c. _ E L. Q) ë;; ~z:J :c- < ~.2!:g c:.gCD ~ c. £:! ~=>~ "C_ ~~:t= :SQ.~ :J ... 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I ,..~ -- L GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Fund Revenues Unaudited Balance at June 30, 2005 $ 11,808,285 7.57% Addition from 2004-05 Operations 1,103,457 Audited Balance at June 30, 2005 12,911,742 8.28% Unallocated revenue 2005-2006 350,000 Balance at November 15, 2005 $ 13,261,742 8.50% 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 page 5 County of Roanoke, Virginia Summary of General Operating Fund Expenditures For the Year Ended June 30, 2005 Budgeted Expenditures Expenditures, encumbrances, and transfers $ 141,365,916 Use of expenditure savings: Previously approved items: Animal Control Officers approved at 8/23/05 meeting Approved based on policy: Departmental rollover per policy Transfer to Minor County Capital Reserve (Requires board action) Total use of expenditure savings Actual Expenditures $ 139,949,674 Ë-I Attachment IV Amount $ 1,416,242 $ 70,460 561 ,423 784,359 $ 1 ,416,242 Page 6 Department FY05 to FY06 Department Rollover Requests Need Attachment V Ë,-I Request $ 5,859 7,584 3,000 3,800 2,200 9,000 20,000 9,459 29,459 6,250 623 1,307 478 1,784 3,984 7,000 10,984 6,965 14,049 2,290 3,286 26,590 1,269 31,236 42,925 83,083 25,000 108,083 75,000 139,307 214,307 18,392 25,000 2,100 5,500 1,832 500 6,100 1,000 2,487 44,519 2,558 $ 561,423 Human Resources Economic Development Commissioner of Revenue Treasurer Clerk Circuit Court General District Court Assistant County Admin Real Estate Valuation Finance Management & Budget Police Fire and Rescue Community Development General Services Parks & Rec Social Services Elections Scanning equipment, additional licenses and related software Update computers and data processing equipment Certification Classes (Training) Update computers Equipment (folding machine, shredder, NADA software update) Commissioner of Revenue Subtotal Upgrade teller stations Court approved auction expenses Treasurer Subtotal Update computers and equipment Reupholster furniture Judge Raney & Judge Lilley's office Update Color Printer - Management Services Update Computer - Human Services Assistant County Admin Subtotal Update Computers & Replace Conference Room Chairs AO Field Hardware Capital Project Real Estate Valuation Subtotal Update Computers - Central Accounting Update Computers - Payroll Update Computer - CFO Update Computers - Purchasing Finance Subtotal Update printer Furniture for Public Safety Building Furniture for Public Safety Building Small Capital - Furniture, Interior Alterations to expand dept Vehicle (for increased staff) Community Development Subtotal Smaller automated garbage truck to service narrow roads Renovations for Hollins Library (roof replacement, carpet, paint) General Services Subtotal Starkey flood control project, Starkey picnic pavilion, update PCs Replace computers in training room LCD Projector Update office furniture Alpha Smarts Infant car seats Video Conference Equipment Update fax machine Future purchase of Easy Filer System Social Services Subtotal Update computers and software Total Department Rollover Requests page 7 ACTION NO. ITEM NO. [-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 Request to assign the option to purchase land (Higginbotham Farms property) for the new regional jail to the Western Virginia Regional Jail Authority John M. Chambliss, Jr. é¡f' Assistant County Administrator AGENDA ITEM: SUBMITTED BY: APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: As part of the borrowing, the Authority will reimburse Roanoke County for all up front expenses associated with the land purchase once the option has been assigned. Recommend approval. SUMMARY OF INFORMATION: The County of Roanoke obtained an option to purchase land (Higginbotham Farm) for the regional jail project and extended that option agreement until April 30, 2005. The Western Virginia Regional Jail Authority (WVRJA) has now obtained interim financing and desires to have the option agreement assigned to the Authority as provided in the option agreement. The Authority has also authorized reimbursement of the option agreement and extension fees (total of $30,000) and the reimbursement of the environmental assessment study ($10,804.16) to the County in exchange for this assignment. The boundary survey is being completed and progress is being made in the development of the construction documents for this project. Recent highlights in the working of the regional jail authority: · Approval of the planning study by the Board of Corrections · Closing on the interim financing $10,000,000 to cover the start up costs including the purchase of land, architectural and engineering (A&E) contract, site studies, early site development · Adoption of the service agreement between the localities and the Authority 1 E-~ Activities scheduled in the coming months: · Award of the A&E contract for the development of the construction drawings · Value engineering of the project (December 2005) · Project included in the Governor's capital budget (December 2005) · Rezoning, special use permit and 2232 review by the Planning Commission and the Board of Supervisors (January - February 2006) · Purchase of land by the Authority (March 2006) · Begin site work (April 2006) · Bid construction (Summer 2006) · Begin construction (Fall 2006) · Hire Superintendent (Spring 2006) FISCAL IMPACT: The Authority will reimburse the County for monies paid for the option agreement and extension ($30,000) and for the environmental assessment $10,804.16. STAFF RECOMMENDATION: Staff recommends that the attached resolution be approved which would assign the option to purchase agreement to the Western Virginia Regional Jail Authority. 2 E-à., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION ASSIGNING THE OPTION TO PURCHASE LAND FROM HIGGINBOTHAM FARMS TO THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, Action No. A-0111 05-7 adopted by the Board of Supervisors at their meeting held on January 11, 2005, authorized staff to obtain an option to purchase land from Higginbotham Farms and authorized payment of an option fee in the amount of $10,000, said land to be used for the proposed regional jail; and WHEREAS, Action No. A-052405-3 adopted by the Board of Supervisors at their meeting held on May 24, 2005, authorized extension of this option until April 30, 2006 and authorized payment of a supplemental option fee in the amount of $20,000 as prescribed in the option agreement; and WHEREAS, due diligence testing has been completed at a cost to the County of $10,804.16 for the Environmental Assessment; and WHEREAS, the Western Virginia Regional Jail Authority is now constituted and has obtained interim financing which provides for the purchase of land, the award of contracts, and the design of the regional jail facility; and WHEREAS, at their meeting on November 3, 2005, the Western Virginia Regional Jail Authority approved a motion to request that the option to purchase land from Higginbotham Farms be assigned by Roanoke County to the Regional Jail Authority as provided in Section 10 of said option agreement; in exchange for this assignment the Regional Jail Authority approved repayment to the County of the $30,000 option fees and the $10,804.16 environmental assessment fees; and E-~ WHEREAS, the Western Virginia Regional Jail Authority will assume the responsibility of applying for the rezoning of the property, the Section 15.2-2232 review, the special use permit, and all other functions required for this land purchase. NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Option to Purchase Land between the Board of Supervisors and Higginbotham Farms, LLC dated January 20, 2005, be, and hereby is, assigned to the Western Virginia Regional Jail Authority in exchange for the reimbursement by the Regional Jail Authority of the options fees in the amount of $30,000 and the Environmental Assessment cost in the amount of $10,804.16 previously paid by Roanoke County. 2. That the Clerk to the Board of Supervisors is hereby directed to send a copy of this Resolution to the Western Virginia Regional Jail Authority and Higginbotham Farms, LLC. 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: November 15, 2005 Requests for public hearing and first reading for rezoning ordinances; consent agenda AGENDA ITEM: SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge [I County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the 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 December 20. 2005. The titles of these ordinances are as follows: 1. The petition of the Roanoke County Planning Commission to review Section 30-71, EP Explore Park District, and related sections 30-29, and 30-80 through 30-88 of the Roanoke County Zoning Ordinance. 2. The petition of Virginia Living Histories, Inc. and the Virginia Recreational Facilities Authority to rezone 774.±. acres from EP, Explore Park District with existing master plan and existing proffered conditions, to EP, Explore Park District with new master plan and new proffered conditions. 3. The petition of Cellco Partnership dba Verizon Wireless, to obtain a Special Use Permit to construct a 150 ft. broadcast tower on North Mountain, accessed from the 5200 Block of Keffer Road, Catawba Magisterial District. 1 f-~ Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for December 20, 2005. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-3, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 ~- \ EXPLORE PARK SEC. 30-71. EP EXPLORE PARK DISTRICT. DRAFT 10/21/05 Sec. 30-71 -1. Purpose. (A) The purpose of this district is to establish an area within the county that is designated and reserved solely for activities associated with the Explore Park, (hereafter referred to as the Park). These district regulations are designed to permit current Park uses while facilitating, through adequate public review, the development of the Park as a family destination resort which incorporates significant natural areas within its boundaries. They are also designed to ensure that the facilities and services are adequate to ensure the safe and efficient operation of the Park with a minimum of impact on the surrounding neighborhood and the larger community. Sec. 30-71 -2. Applicability. (A) These regulations shall only apply to land owned or leased by the Virginia Recreational Facilities Authority (VRFA), Virginia Living Histories, Inc., and to any facilities, andlor operations on such land. Sec. 30-71 -3. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates that use and design standards apply to the permitted use. 1. Aqricultural and Forestry Uses Agriculture Stables, Commercial Stable, Private 2. Civic Uses Administrative Services Camps Cultural Services Post Office Public Assembly Public Maintenance and Service Facilities * Public Parks and Recreational Areas * Religious Assembly* Safety Services Utility Services, Minor 1 rl 3. Office Uses Financial Institutions* General Office 4. Commercial Uses Antique Shops Automobile RentallLeasing * Automobile Repair Services, Minor* Business Support Services Campgrounds Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Convenience Store * Gasoline Station * Golf Course* Hotel/Motel/Motor Lodge Restaurant/Family Restaurant/General Restaurant/Drive-in or Fast Food* Retail Sales Studio, Fine Arts 5. Industrial Use Transportation Terminal * (B) Within the Park, there shall be limits on developed areas in order to ensure that at least 30% of the acreage of the Park consists of open space, forested space, trails, buffers or natural areas. Roads and parking lots are not to be included in the calculation of open space. To achieve that objective, those uses in the Civic, Office, Commercial and Industrial categories which are identified in subsection (A) above as permitted uses shall not exceed 70% of the Park's acreage. During development review, the identification and calculation of open space, forested space, trails, buffers and natural areas shall be provided on an ongoing basis in order to confirm compliance with the 70%/30% ratio. So long as the 70%/30% ratio is maintained, the location of open space, forested space, trails, buffers or natural areas may be shifted as development proceeds. Sec. 30-71 -4. Application Process. (A) Prior to submitting an application for review and approval under these provisions, the applicant and the county staff shall confer to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. 2 f-- t (B) Any application to rezone land to the EP designation shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. Once the board of supervisors has approved the master plan described below, all submitted and accepted proffers shall constitute conditions pursuant to the provisions of this ordinance. Development shall occur in substantial conformity with the specifics set out in the master plan. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information which shall constitute a master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature and character of the proposed district. The information shall include: 1. A legal description of the proposed site. This may be a metes and bounds description and plat, or a tabular summary of all tax map parcels proposed for rezoning. If tax parcels are used, a composite plan shall be submitted, showing the limits of the proposed district, and the location of each parcel within the district. 2. Current information on the existing zoning and land use of each parcel proposed for the Park. 3. A topographical survey of the proposed site including information on flood plains and natural water courses. 4. Minimum buffers between the Park and its neighbors and general details on the landscaping within such buffers. 5. Information on open space, including how such space might be utilized for hiking, biking and riding trails or other park uses. 6. Generalized statements pertaining to architectural and community design guidelines. 7. Description of transportation objectives, identifying current and proposed connections with state maintained roads with maintenance responsibility for non-state maintained roads identified. 8. Information on proposed plans for public utilities. 9. Inventory of historic resources. 3 (~I (D) The completed rezoning application and supporting master plan shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. (E) The commission shall make a report of its findings to the board of supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the master plan for the Park. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (F) If the commission recommends denial of the master plan or approval with modifications, the applicant shall, upon its request, have up to sixty (60) days to make any modifications. If the applicant desires to make any modifications to the master plan, the board of supervisors' review and action shall be delayed until such changes are made and submitted for review. (G) The board of supervisors shall review the master plan and act to approve or deny the plan within ninety (90) days from the date of the planning commission's action unless the applicant requests or agrees to an extension of this time frame. The plan approved by the board of supervisors shall constitute the approved master plan for the Park. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the EP district. (H) Should major changes to the master plan be desired, the applicant has the right to amend the master plan by following the process detailed in sections D through G above. (I) Following the approval of the master plan (which approval signifies that the proposed site is rezoned to the EP district), the applicant shall be required to submit preliminary and final site development plans prior to construction for approval. Final site development plans for any phase or component of the Park that involves the construction of structures or facilities shall be approved prior to the issuance of a building permit and the commencement of construction. 4 County of Roanoke Community Development Planning & Zoning For Staff Use Onl ¡:-Q h 05W LQci() 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX Rec~ed b : Application fee: j Ù.(.Ìù Placards issued; (540) 776-7155 I' I N\..Jl } 1 I ALL APPLICANTS ---,----~. - ·_.n.._ n_.._ ._ .-------- Check type of application filed (check all that apply) ~Rezoning :J Special Use o Variance == Waiver o Administrative Appeal Applicants name/address w/zip Phone: (314) 994-9070 Virginia Living Histories, Inc. Work: 11701 Borman Drive, Suite 315 Cell #; St. Louis. Missouri 63146 Fax No.: (314) 994-9912 Owner's name/address w/zip Phone #: (540) 345-1295 Virginia Recreational Facilities Authority Work: 3900 Rutrough Road, S.E. Fax No. #: ~ Virçinia 74014 Property Location Magisterial District: Vinton 3900 Rutrough Road, S.E. Roanoke, Virginia 24014 Community Planning area: Vinton/t-tnmt Pleasant Tax Map No.: See at tachmen t Existing Zoning: EP (Explore Park) Size ofparcel(s): Acres: 773 . 35 Existing Land Use: Explore Park REZONING SPECIAL USE PERMITAND WAlJIER APPLICANTS (R/SIW) Proposed Zoning: Explore Park zoning withcondi tions Proposed Land Use: Explore Park, &::, the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type~ No . IF NO, A VARIANCE IS REQUIRED FIRST ® If rezoning request, are conditions being proffered with this request? No VARIANCE, WAIVER AND ADMINISTRATlJIEAPPEAL APPLICANTS (V/WIAA) VarianceIWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal ofInterpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal ofInterpretation of Zoning Map to Casc Number ~ I - Is the application complete? Please check if enclosed, APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RIS/W V/AA RIS/W V/.4.A RIS/W V/AA rn Consultation Eii 8 1/2" x 11" concept plan E-8 Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property O\VIJers I hereby certify that I am tXtXM:XI1eXlX'Xðf. ef tJ ~-. _ 7xgeKOOXOO»ocac~~M' and am acting with the knowledge and consent of the O\VIJer. the lesse ,~Y'1r, Owner's Signature ~rgHIJ.a ~Vlng ~stones, nc. By: Larry Vatlder Maten, President 2 (:;).. JIJ:$1.'JFJ'GATI9N FOR REZONING, SPECJA:L-VSE PERMIT OR WAIVER REQVE$T Applicant Virginia Livjng Histories, Inc. The Planning Commission will study rezoning, special use pennit or waiver requests to determine the need and justification for the change in terms of public health; safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning ofthe applicable zoning district classification in the Zoning Ordinance. Explore Park District was established by Roanoke County to provide a designation reserved solely for activities associated with Explore Park. Virginia Recreational Facilities Authority (VRF A) executed a lease with Virginia Living· Histories, Inc. earlier this year in order to encourage the development and operation of a family destination resort consistent with the purposes of the VRF A's enabling legislation. Those purposes are consistent with the purposes of the Explore Park District. The rezoning sought by this application will facilitate the purposes of both the VRF A and the EP ordinance by permitting a family destination resort development which includes developed and natural areas. 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Explore Park District was established to provide for diversity of activities under one umbrella zoning classification. Explore Park is a unique opportunity to provide education and recreation activities as well as the commercial support services needed to create and sustain a family destination resort. 3. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. Explore Park, developed almost 15 years ago, already has established points of access to the Blue Ridge Parkway and Rutrough Road. While wells and septic systems are currently serving the Park, it is expected that water and sewer extensions will be required. The existing 75' buffer proffer will be included in the proffer statement. 3 (~ I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building pennit. Site plan and building pennit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use penn it 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 suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map 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. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights I. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers 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 I certify that all items required in the checklist above are complete. ~ir . . Living r:t....stories, Inc. Ignature of applicant Larry Vander Maten, President 10/21/05 Date 6 Community Development ,/ '\ #' gß., Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff 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 lžst of potential land uses and situations that would necessitate further study is provided as part of this applžcatíon 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 J 9,2005 Virginia Living Histories, Inc. j:¡Z: ð'Ví~ C '''.Ion.'' Si.nat~ larry Vander ---, Maten, President 10/21/05 Date GLENN ._.__m_.._._,__m FELDMANN DARBY GOODLATTE 210 1st Street S.w. Suite 200 Post Office Box 2887 Roanoke, Virginia 24001 540.2248000 Fax 5402248050 gfdg@gfdg.com f'"~ MARYELLENF. GOODLATTE Direct Dial (540) 224-8018 E-mail mgoodlatte@gfdg.com October 21,2005 HAND DELIVERED Mr. David Holladay Roanoke County Planning & Zoning 5204 Bernard Drive Roanoke, Virginia 24018-0798 Re: Rezoning Application by Virginia Living Histories, Inc. (Explore Park) Dear David: Enclosed please find the rezoning application of Virginia Living Histories, Inc and its supporting documents including the master plan prepared by HSMM dated October 21, 2005. As you know, Virginia Living Histories executed a lease agreement with the Virginia Recreational Facilities Authority ("VRFA"), the owner of Explore Park, earlier this year. A copy of that lease is enclosed. Consistent with the provisions of that lease and in furtherance of VRFA's expectation that Virginia Living Histories, Inc. will ensure the continued success of the Park by transforming Explore Park into a family destination resort, the VRF A encloses its written consent to both the ordinance changes and the requested rezoning. As the applicant took on the charge of the VRF A, it became clear that the zoning regulations associated with Explore Park needed updating. Consequently, revised ordinances dealing with the EP District will be considered together with this formal rezoning application for the submitted property (being the Roanoke County portion of Explore Park) to be governed by the provisions of the new ordinances. Since the last work session of the Planning Commission when the language of the revised ordinance was discussed, we have continued to work with staff in a collaborative fashion - modifying the text of the revised ordinance to address the questions and concerns raised. Revised ordinances will come to the Commission and will be considered prior to the Commission's consideration of this rezoning request. If the ordinance revisions and the requested rezoning are approved, the result will be (1) a new zoning ordinance governing the use and development of Explore Park; (2) replacement of the current zoning GLENN --.-----.------.---..- - FELDMANN DARBY'/ _.._.... u._.___...-...·__ ...... GOODlATIE Mr. David Holladay October 21, 2005 Page 2 ..". - r- ;;¡., conditions associated with Explore Park with the conditions proffered by this applicant. In addition to clearly setting out the uses which can be developed within Explore Park - which are those uses consistent with the development and operation of a family destination resort - the revised ordinances also recognize the importance of Explore Park's natural environment by placing limits on developed areas. At all times, open space, forested space, trails, buffers or natural areas must constitute a minimum area of 30% of Explore Park's acreage. Since this ordinance can only deal with Roanoke County acreage - and Explore Park includes acreage in Bedford County - the undeveloped portion of the entire Explore Park is understated by the 70%/30% ratio. As noted during Planning Commission work sessions, the applicant wíll be filing a formal proffer statement. Those proffers will include the existing proffer with regard to the 75 foot buffer between Explore Park and its neighbors. As the applicant has met with numerous individuals, groups, Blue Ridge Parkway personnel and Roanoke County personnel, it has worked hard to address the concerns raised by those individuals and groups. Larry Vander Maten, president of Virginia Living Histories, Inc., has met with interested Roanoke County residents, in meetings large and small, to discuss his charge to transform Explore Park into a family destination resort and his approach to that mission. He has been extremely pleased with the response he has received, and recognizes that Roanoke County citizens, having a significant financial and civic investment in Explore Park, want it to be successful and self-sustaining. As Explore Park transitions to a family destination resort, hotels and themed attractions will be developed. Although sections of the Park may well have different architectural styles to emphasize different periods of time or locations, Explore Park wíll be developed in a unified fashion, through the use of consistent design and architectural themes, providing visitors with a . . umque expenence. To that end, educational programming and opportunities for Park guests to enjoy Explore Park's natural setting will continue to an important part of the Explore Park experience. GLENN -------...- ..-....---... . FELDMANN _._~- - -. ----- ~.. q~Y~'~:';~._. GOODLATfE Mr. David Holladay October 21, 2005 Page 3 F~ Primary access to Explore Park will continue to be via the Blue Ridge Parkway and the Roanoke River Parkway Road. Rutrough Road will remain secondary access to Explore Park, used primarily for commercial, staff and emergency access to the Park. Your files already contain the traffic studies conducted when these road connections were reviewed and approved. Although well and septic systems now serve the Park, water and sewer extensions are anticipated, and can be accommodated by either the Town of Vinton or the Western Virginia Resource Authority systems. Virginia Living Histories, Inc. appreciates the opportunity given to it by the VRF A to bring its talents and resources to this project. It also values the work done to date by the creators and sustainers of Explore Park and looks forward to building on that foundation. In addition to the items submitted with this application, your file contains Explore Park details previously submitted. Should you require any other information in support ofthis application, please let me know. Thank: you for your attention to this matter. Very truly yours, ~ Maryellen F. Goodlatte cc: Virginia Living Histories, Inc. Virginia Recreational Facilities Authority f'C~ EXPLORE PARK PROPERTY LISTING Tax Map No. Acreage 071.03-01-15.00-0000 18.78 071.03-01-10.00-0000 24.16 071.03-01-11.00-0000 3.75 080.00-01-35.00-0000 21.96 080.00-01-34.03-0000 0.07 080.00-01-34.02-0000 3.83 080.00-02-36.00-0000 0.30 080.00-02-35.00-0000 5 080.00-02-32.00-0000 8.67 080.00-02-33.00-0000 23 080.00-02-34.00-0000 13.86 071.00-01-03.00-0000 47.7 080.00-05-17.00-0000 13.95 080.00-05-24.00-0000 488.28 080.00-05-34.00-0000 1.75 080.00-05-31.00-0000 2.23 080.00-05-30.00-0000 1 080.00-05-32.00-0000 2.23 080.00-05-26.00-0000 10 080.00-05-27.00-0000 18.12 080.00-05-29.00-0000 22.66 071.00-01-12.00-0000 9 071.00-01-13.00-0000 33.05 ~- ;).... I CONSENT Virginia Recreational Facilities Authority, the owner of the real property known as Explore Park, which property is leased to Virginia Living Histories, Inc., hereby consents to the application filed by Virginia Living Histories, Inc., to amend the proffered conditions affecting Explore Park. Dated this /8 day of October, 2005. . VIRGINIA RECREATIONAL FACILITIES AUTHORITY By: ~~) its: c.J..q I~ 11M oJ "', r-~ CONSENT Virginia Recreational Facilities Authority, the owner of the real property known as Explore Park, which property is leased to Virginia Living Histories, Inc., hereby consents to the application filed by Virginia Living Histories, Inc., to amend the Explore Park District Ordinance. Dated this /Ø day of October, 2005. VIRGINIA RECREATIONAL FACILITIES AUTHORlTY BY:~ its: Q;Ÿ_ History Page 1 of 4 ""à r- " "' Historic Areas 1671 Totero Village 1757 Frontier Fort 1850 Valley Community Dismantlinq and Restorínq an Historic Str!,!ctllI-ª Immerse yourself in a day ofliving history! Travel along specially designed footpaths in a hardwood forest to the Historic Areas and be entertained and enlightened by delightful costumed interpreters at the 1671 Totero Village, the 1757 Frontier Fort, and the 19th Century Valley Community--a true poIiTait of young America. Assistance is available for individuals with disabilities. Please inquire at the Admissions Desk. The Historic Areas are open from 10 a.m. to 5 p.m. Wednesday through Saturday, and from noon to 5 p.m. Sunday (weekends only in April) through October. Check ~cial events listing for year 'round offerings. General admission (16-54) $8.00, Seniors (55+) $6.00, Youth (4-15) $5.00, Children three and under free. Group rates are available for groups of 15 or more. General group rate (16-54) $6.00, Seniors (55+) $5.00, Youth (4-15) $4.00, Children three and under free. Virginia's Explore Park uses history to create history. Men, women, and institutions who are very much of the present use the power of imagination as a tool with which to form an enhanced future for the region. Their raw material is the rich past of western Virginia's pioneering legacy. Their belief is that by using what has gone before-people, dreams, determination- they can make some good of what is to come. 17th Century 1671 Totero Village Try to imagine yourself as an explorer in early colonial Virginia over three centuries ago. The western mountains of the colony are a place to be feared, a place oflarge bear, panthers, and beasts. This is also the home where "savage Indians" live, awaiting the moment to viciously murder all who dared to venture forth. These were the stories and myths brought back by a few early explorers and hunters who ventured into this wilderness that is now western Virginia. The native nations and the Europeans had a somewhat peaceful coexistence. For most early Virginians, their lives were led along the coastal plain, safe fiom such things. Despite fears, the colonials moved west in search of natural resources and possibilities of expanded trade relations eventually penetrated this dangerous wilderness. Forts were established along the frontier. From one such fort came several expeditions led by Major General Abraham Wood. These expeditions, both documented and undocumented, were sent out to explore the http://www.explorepark.org/Historie_Areas/olhm_main.htm 10/14/2005 History Page 2 of4 region, its resources, and its peoples and also to find the "South Sea." f.. )... One of these expeditions, believed to have traveled through the present-day Roanoke Valley, was the journey of Thomas Batts and Robert Fallows. Accompanied by Thomas Woods, Jack Weason, Penecute (their Apomatack guide), and several Apomatack Indians, they left Fort Henry on September 1, 1671 "for the fmding out the ebbing and flowing of the Waters on the other side of the Mountaines in order to the discovery of the South Sea... ." Robert Fallows wrote these words in his travel journal. Heading west rrom the Okenechee Path, the party crossed the piedmont and entered the western mountains. On this day, 332 years ago, Robert Fallows made this entry into his journal: "Sept. 9. We were stirring with the sun and travelled west and after a little riding came again to the Sapony River where it was very narrow, and ascended the second mountain which wound up west and by south with several springs andfallings, after which we came to a steep descent at the foot whereof was a lovely descending valley about six miles over with curious small risings. Our course over it was southwest. After we were over that we came to a very steep descent, at the foot whereof stood the Tetera Town in a very rich swamp between a branch and the main river of Roanoake circled about with mountains. We got thither about three of the clock after we had travelled twenty-five miles. Here we were exceedingly civilly entertain 'd. " Unfortunately, the intent of the Batts and Fallows expedition was not to document everything they encountered; rather it was to gain a sense of where things were and to find the sea. Though there is no detail concerning the Totero, there is a glimpse into the life of the first peoples of the Roanoke region. There has long been a debate as to the "Tetera Town" location. It is now agreed by most academicians that the site is within the Roanoke Valley but the exact location is unknown. Of the archaeological sites that are currently identified in the Roanoke Valley, three are cited as possibilities. First is the Buzzard Rock site, located along the Roanoke River in southeast Roanoke. The other two sites, Thomas-Sawyer and Graham-White, are located in Salem. Each of these three locations has features and characteristics that both support and deny the possibility ofit being "Tetera Town." On June 22, 2002, Virginia's Explore Park proudly dedicated its new 17th Century Totero Village site with a traditional ceremony. This village is the backdrop for the educational interpretation of one of western Virginia's indigenous nations, the Totero. Here visitors can learn about a little known group who once inhabited the region by exploring the houses and structures of the village, the various work areas, and the garden area just outside the main village. Depending on the needs of the village and the season in which you visit, there may be the opportunity to assist interpreters with dressing deerskins to make new clothing, working on stone tools and hunting equipment, fIfe-making to start the cooking fires, or new construction of a palisade or homes. 18th Century 1757 Frontier Fort The colony of Virginia was born in the shadow of a three-sided fort at Jamestown in 1607. One hundred and forty-three years later, during the turbulent decade of the 1750s, some of the settlers in Augusta County, Virginia, built stockades around their homes for the protection of their families, livestock, and neighbors. In 2004, the fascinating story of these frontier forts and the settlers that built and depended on them was added to the exciting historic venues currently presented at Virginia's Explore Park. The 1750s Frontier Fort was built through a community effort, with completion anticipated by year end. Using the extensive research of the Ephraim Vause family and their Augusta County fort as an historic rramework, Explore Park's frontier fort consists of a two-story, twenty foot square log house and two small log cabins. The house and cabins are surrounded by a sixty-six foot square, twelve foot tall log stockade. Historical programs focus on the daily lives of colonial http://www.explorepark.org/HistoricAreas/olhmmain.htm - - 10/14/2005 History Page 30[4 settlers living along the Roanoke River in Augusta County in the 1750s. This new interpretive site will address the diverse reasons why some families chose to "fort up" rather than to flee when faced with threats of attack. r~~ 19th Century 1850 Valley Community Big Lick, which became Roanoke in 1882, was an important crossroads along the Great Wagon Road. Here the road spJit. By taking a southern direction toward Carolina and Georgia, the road became known as the Carolina Road. To the west into Tennessee, it became known as the Wilderness Road. Because of its prominence, Roanoke attracted its share of settlers. Today, Roanoke is the largest metropolitan area along another Great Road, the Blue Ridge Parkway. Hofauger Farmstead (circa 1837) Samuel and Elizabeth Hays Hofauger raised four children in this house that was originally located on Colonial A venue in Roanoke County, Virginia. Behind the house is an heirloom garden where a variety of period vegetables and herbs are grown. Two of the outbuildings are original to the Hofauger farm: the com crib, located behind the house, and the storehouse/root cellar to the side. The Wray Barn (circa 1850) The Wray Barn was originally built by the Wray family in Franklin County, Virginia, and was used to house livestock and animal feed. Today the barn is home to the Park's minor breed animals. The Pilgrim geese and Dominique chickens were prevalent in the 19th century and played an important role in the economy of the family farm. Kemp's Ford School (circa 1860) Kemp's Ford School is a simple one-room school house that was originally located on the Blackwater River in Franklin County, Virginia. Its interpretation portrays the role of the rural mid-nineteenth century school in settling the region and building new communities. Children from this era attended school only when they were not needed on the family farm. The school graduated its last class in 1935. Houtz Barn (circa 1800) The Houtz Barn is a German double-crib "bank barn" which represents a highly specialized form of architecture. This barn served the needs of the Houtz family's large-scale commercial farming operation on Mason's Creek near present day Salem, Virginia. Barns of this type may still be seen in Pennsylvania and throughout the Shenandoah Valley. http://www.explorepark.org/HistoricAreas/olhmmain.htm - - 10/14/2005 History Blacksmith Shop Page 4 of 4 Early Virginia River Culture f~~ At the Early Virginia River Culture site, you'll see a replica of a James River barteau, the ROANOKE EXPLORER Batteau. Batteaux were flat-bottomed, low-sided cargo boats fIrst used on the nearby James River. These long, narrow boats were introduced in the early 1770s and rapidly became popular on the rivers of the region. They were eventually used from Maryland to northern Georgia. In fact, batteaux were used on some area rivers up until the early 20th century. Most batteau operators were African-American, either enslaved or free. By 1850, thousands had traveled the Great Wagon Road to settle the Appalachian region, yet road conditions remained deplorable and deteriorated the further south one traveled. Wagons were in need of constant repair, and the skills of a blacksmith were in great demand. Providing the services of a modern-day service station, the blacksmith kept the wagons rolling, as demonstrated in this replica structure. Slone's Grist Mill (circa 1880) This mill was originally constructed around 1880 in the Turner's Creek section of western Franklin County, Virginia, on the Pigg River by the Slone family. The Slones have a long history of milling in Franklin County beginning as early as 1786. This grist mill passed out of the family during the Depression but continued to operate until 1952. This four-year restoration has entailed replication of many 19th century mill components, including a new waterwheel and elevated sluice box. Reconstruction also involved adapting the late 19th century balloon construction to the mortis and tenon method more common to the mid-19th century . www.explorepark.orç¡ ©Copyright 2005 http://www.explorepark.org/Historic_Areas/olhm_main.htm 10/14/2005 pz- 05(þ)l.Q] \ Received by: ! ) í2-H F - 3 For Staff Use Only c {µ..J ~ (ÍJ Community Planning area: ~~ L v {,--3 County of Roanoke Community Development Planning & Zoning Date received: Iv þ{ =>S- Application fee: . '(0 -00 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Placards issued: Check type ofapplicajlon filed (check all that apply) o Rezoning B Special Use 0 Variance o Waiver Applicants name/address w/zip "\ Vt..N-Lß.A W'<i:..A,-e..y) ( ~('-C:"L.d~~_M .Vr.v-p. "--Oot) i ~~¡ f2-u~ CJ:. . . R.iUr\oJ'.t1oi"'c!. vA1.312 Owner's name/address w/zip tn.....v\ è.. M - ~\.J"~-< 2. <.\ -z. \'-.1. ß-r~s.\.~c.." \X . (?GN:: (J..-~.rz..)L -L ~2\2.1 Property Location v R{:. b9 ~(\k..f-Ç-<-.J ~ ~.) (,ù.......vJ'o""'- \fA ?.<\O::U3 I TaxMapNo.:<):)~.()v _~t-S'3.\)::)-'00 I . Ckn. ~Q-C)\-?;1.~-~í) 4 ~'::t. i!G-(j'I-~'.\O-~~~ Size ofparcel(s): Acres: ¿ft. 51.f 161.(;'1"* '1<> .. ~ 1- ) ((e.soc~\,,~ Phone: Work: Cell #: Fax No_: Phone #: Work: Fax No. #: Magisterial District: Existing Zoning: Existing Land Use: Rur~ . - ,,-,- ':"-''.'._'-.: ,:.:: :)>:;:--::;:>.': .: :'::::::"':.:.::>,:,'.: -:.:-::::' : :.:: ),,:-:-::-::':: -:::- :::::-;:':»!:.-:.,..,:>: .;.: :"'::':>.'. ,: ".::::::,:, ..::.: :.::;,.:::>.::,::::::::: '. ::::::-::"'::" ..:-- ,,:,( ::-:. ::':', ':,'-::-': @iQJvtNi.;§fßCl4I.,llSEPÈf1.MITA.NpTfAlVER4!I:LJC4JVTS(RISrW) . Proposed Zoning: A Ç-], I ç I' ec-Zcd U ç e f./Z-rtn...~-t Proposed Land Use: 15 ?-....J- ~r-t- -f.-p..vo.V PCfBZA date: ( L( b Dr o Administrative Appeal (10~ ) ìs~ \ -(ò it.1":/ ( ~ 10 ) 036 - 5l % t (5~O )520- "3,~1't(54-~... T...~~ ') Does the parcel meet the minimum lot area, width, and fTontage requirements of the requested district? Yesø No 0 IF NO, A V ARlANCE IS REQUIRED FIRST. .. Does the parcel meet the minimum criteria for the requested Use Type? Yes, No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No 0 '. " . :' ...',' " ::-,","':.' '. ". ' .', . '.' ',.' .: .,.... ...... .',' "" "" " '.',' '. :'~';;. .'. ",' . '. .' '.. '.' " '.' .. . ',' . .,.,; . '.'.' .,.: ',.' ','. '. ,;. -.', . ,." ',.". ,.. . --' ." " '. "',.'" .", . '.' ':'.' ',' '. .' .','. '-' " .",,- '" ' ,. . :.'. .....,...,........ .... ...... ...d, .'.'. ' .... ...... ..__' '".'c-... ....... '____.... __....., . ........____.....,',......... ... '... . ____. ,__... .... '.... ............. '.. .... ,--... ,...,.. , "..... ... .."....,--....',....... ...... ".'- ....... ....".-....--... .............. ........".. - ..... ............ .---- ...,... .. . V ÅRJA.NCE,·W AIVER AND ADMlMSTMiivE .APPEALAP :P'L .··JC'AN is· .(J0.. 0¥/AA); . · .... ..., . .. , " .... .. . ... . ,__,..... .... ,....... ......... ,..d" . ".. __.. .____.... .. __ '.__ . . ___..... .. . ,'.'" .. ...,. " .... ........, . ,....,. ,.. '. ,..,., ,. VariancetWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. Iw~rï W&W V/AA W&W V/AA . Consultation 8 1/2" x I I" concept plan Application fee V Application ~ Metes and bounds description ~ Proffers, if applicable Justification ~ Water and sewer application ~ Adjoining property owners I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Lif\t'1i Owner's Signature 2 JUSTIFIÇÁTIoN..¥Ok·r&?ÔNINB,·SJ>EêIAL..V.SÊ.·~EIU\XIT..()It. WA.IVEk.RF:QUESl' . Applicant \f t"r--; 1-c>-n. W\ re.M.. ss The Planning Commission will study rezoning, special use permit or waiver requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes ofthe Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. ?U=I\'=>E 2;EE ATTAC\-rEDS1~, EEl"' 1 \ .\ ,J '-'. t_,JI'~.:.A '- .....- ,..) \.. \........--- 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ~L~AS~ St:E AT'ACJ-ìf.D stiEET 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. I . ~Lt..A8"E <S\::t: A Ii l~C-\-{tD ::;1-4fE T u '-' I ,. ..J r .. -, 3 I.· JU~TItICA'rIOI'{.FOR.·YAR~ÇE.·){£QU~ST.:...(.······· . .... f"~ ·····.·.·.·1 Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. /'-' /' / // / 2. The strict application of the zoning ordinance would produce undue hardship; i hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohiliit or unreasonably restrict the use of the property. / 3. The hardship is not shared by other properties in the same ~ning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zóning Ordinance. / 4. The variance will not be of a substantial etriment to the adjacent properties or the character of the district. 4 Applicant Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: / / 5 r'Þ x/ CONCEPTPLANCHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development ofthe property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building pennit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staffmay exempt some of the items or suggest the addition of extra items, but the following are considered minimum: 1 APPLICANTS . , a. Applicant name and name of development L b. Date, scale and north arrow Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoin.ing properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces -£- c. L d. -L e. L f. L g. L h. L 1. L J. Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS I k. - L I. J- m. 4i~ n. ~ o. V Æ\ p. /JiA q. , Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed Ifproject is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. \Gj2G/05 I Daté ÌJ\.h n1<--> ':) 6 ~? JUSTIFICATION STATEMENT FOR SPECIAL USE PERMIT REQUEST For David Turner & Cellco Partnership (d/b/a Verizon Wireless) Route 698 (parcel IDs 007.00-01-50.00-0000, 007.00-01-89.00-0000 and 007.00-01-36.00-0000) Catawba, VA 24070 L Please explain how the requestfurthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the relevant Agricultural (A G-3) zoning district. The proposed Verizon Wireless communications facility promotes the health, safety and general welfare of the public by enhancing and promoting the following specific purposes articulated in Sec. 30-3: 1. The proposed wireless communications facility, consisting of ground space for wireless communications equipment and a self-support tower, will improve Verizon Wireless's coverage and capacity in the vicinity of Catawba, V A and provide an opportunity for other wireless carriers to co-locate and provide improved coverage in Roanoke County and Craig County. This facility will enhance the public's ability to communicate with a cell phone in case of emergency such as a fire, flood or car accident. 2. N/A 3. The proposed wireless telecommunications facility provides needed coverage and capacity along the Route 311 and Route 42 corridors, which will ultimately result in a more connected community. The site at the Turner property also minimizes visual impact on the surrounding area, helping to maintain the attractiveness of the community. 4. Commercial wireless communications services are a key backup to primary police, fire and public safety communications systems during various disaster or emergency situations, such as was experienced last year with Hurricane Isabella. The proposed facility will enhance the number and ability of citizens of this area to communicate in similar disaster or emergency situations. 5. The proposed tower does not encroach upon any historic buildings or districts. Since the proposed tower is at least 1.5 miles from any buildings, it cannot encroach on the Area of Potential Effects. 6. The proposed tower is unmanned, involves minimal disturbance of ground area, and therefore places no burden on public facilities. I' ) f" :> ! 7. Quality wireless coverage and service enhances the ability of business owners to communicate, which makes the community more attractive to business development and employment, thereby enhancing the county tax base. 8. The proposed site has no impact on existing agricultural or forest lands. 9. The proposed site does not interfere with any approach slopes or safety area of any licensed airports and will comply with all Federal Aviation Administration (FAA) regulations). 10. The proposed facility is unmanned and does not require water or sewer services and therefore will not burden ground water resources. 11. NI A The proposed Verizon wireless communications facility is consistent with the purpose outlined in Sec. 30-32-1 of the Zoning Ordinance for the AG-3 zone: The proposed facility is an unmanned facility which requires no water or sewer services. Therefore, it will provide the agricultural and widely-distributed residential land uses in the area and the citizens driving through the Route 31 I and Route 42 corridors with important wireless communications service without burdening public facilities or generating traffic in the AG-3 zone. IL Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Roanoke County Comprehensive Plan ("Plan") of 1998 lays out multiple guidelines to guide the process of land development in the County for both the present and the future. Of particular relevance to this application for Verizon Wireless is the section on Public Safety, which states as a goal, "To provide the highest level of public safety services in the most cost-effective manner." Verizon Wireless asserts that the proposed wireless communications facility, to be constructed at our expense, will provide a desirable location and antenna RAD center height should the County detennine that there is a need to extend or improve their emergency communications network in this area. The Plan's section on Economic Development states as a goal, "To create a healthy, viable, diverse economy in Roanoke County, V A by: 1), carrying out a coordinated program to target and attract compatible business and industry to locate in Roanoke County to increase the commercial and industrial tax base and related employment opportunities, and 2), by increasing the number of visitors to Roanoke County, V A." Again, Verizon Wireless asserts that a comprehensive, seamless and competitive wireless communications infrastructure is an essential component for attracting modem business and tourism to the Catawba Valley area. IlL 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 andfadlities, including water/sewer, roads, schools, parks/recreationandfireandrescu~ ç~ While the proposed wireless communications facility will have a visual impact on both adjoining properties and the surrounding area, Verizon Wireless asserts that the location chosen, both in tenns of the parcel and the location of the parcel (with a wooded buffering), goes a long way toward minimizing that visual impact. In addition, the proposed wireless communications facility poses no impact in tenns of water and sewer. In tenns of roads, the proposed wireless communications facility will require the development of approximately 300' of new road for access from Keffer Road., but then uses existing road Mr. Turner has already constructed up to the vicinity where the proposed wireless communications facility will be located. Verizon Wireless's proposed use will cause no increase in vehicular traffic on Keffer Road. Finally, as space will be made available on the proposed wireless communications facility for County emergency communications systems, this will enhance the effectiveness and efficiency of those agencies in the County that provide emergency service coordination and response in the Catawba Valley area. NETWORK BUILDING & CONSULTING, LLC f-3 October 20, 2005 Roanoke County Community Development, Planning & Zoning 5204 Bernard Drive Roanoke, VA 24018-0798 A TIN: David Holladay RE: Verizon Wireless Proposed site at Turner property Dear Mr. Holladay, In support of our application for a Special Use Permit at the above-named-site, enclosed please fmd the following: (1) Completed application form and justification statement; (2) Two (2) sets of zoning drawings; (3) List of adjoining property owners; (4) Radio-frequency propagation maps, both with and without the proposed site; and (5) Check for $40, payable to Roanoke County, to cover requisite filing fees. As Tim Nash of Engineering Concepts, Inc. mentioned to you today at the balloon test for this site, he will supplement this application with a terrain analysis and photo simulations as soon as he completes these items. Please call me at (703) 851-6777 if you have any questions regarding this submission. We look forward to working with you in the coming weeks as we plan community meetings to address questions and concerns regarding the proposed site. Best Regards, ~1'1t Jacqueline M. ~ Consulting Zoning Project Manager Venzon Wireless i karp(â¿nbcllc. com 617 Tennessee Ave., Alexandria, VA 22305 Phone (703)851-6777 Fax (410) 636-5287 Community Development Planning & Zoning Division r-~ NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition ifnew or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC 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. 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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: November 15, 2005 AGENDA ITEM: Second 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 Elmer C. Hodge ~ ./I~ County Administrator APPROVED BY: 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 ensure that these plans will accommodate the Wolf Creek Greenway. The Department of Community Development has also reviewed these plans. FISCAL IMPACT: H-I 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: Staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1. H-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 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 improvement 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 ~ H-I 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 Cou nty Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION NO. I\-I} ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge tII County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare The three-year term of Rita J. Gliniecki, Roanoke County member, will expire on December 31,2005. Ms. Gliniecki has advised that she is willing to serve an additional term. The three-year term of Linda H. Bannister, member at large, will expire on December 31, 2005. The member at large must be confirmed by the Cities of Roanoke and Salem. Mr. S. James Sikkema, Executive Director, has advised that the Blue Ridge Behavioral Healthcare Board recommends that Ms. Bannister's appointment be ratified. 2. Disability Services Board The three-year term of Debbie Pitts, County appointee, will expire on December 31, 2005. 1 11 ~ '7 3. 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 a recommendation for this alternate position. 4. Library Board (Appointed by District) The three-year term of Tobie McPhail, Hollins District, will expire on December 31, 2005. 5. Roanoke County Planning Commission (Appointed by District) The four-year term of Martha Hooker, Catawba District, will expire on December 31, 2005. 6. Roanoke Valley Resource Authority The four-year terms of Suzie Snyder and Keith Tensen will expire on December 31, 2005. 7. Western Virginia Regional Jail Authority The four-year terms of Michael A. Wray, elected representative; Joseph P. McNamara, alternate elected representative; John M. Chambliss, administrative official; and Diane D. Hyatt, alternate administrative official, will expire on December 31,2005. 2 ~ \ -(; AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15,2005 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 November 15, 2005, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 6, inclusive, as follows: 1. Approval of minutes - October 25, 2005 2. Resolution of appreciation to Ruth A. Johnson, Library Services, upon her retirement after twenty-six years of service 3. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal-Mart Foundation for the purchase of safety education equipment 4. Acceptance of Chateau Court and a portion of Golden Ivy Drive into the Virginia Department of Transportation Secondary System 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $20,000 from the Virginia Department of Emergency Management for the continuation of the Regional Citizen Corp Council and Community Emergency Response Team (CERT) training 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: November 15, 2005 AGENDA ITEM: Resolution of appreciation to Ruth A. Johnson, Library Services, upon her retirement after twenty-six years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board ElmerC. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Ruth A. Johnson retired on November 1, 2005, following twenty-six 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. Johnson with the appreciation of the Board members for her service to the County. J-'2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO RUTH A. JOHNSON, LIBRARY SERVICES, UPON HER RETIREMENT AFTER TWENTY-SIX YEARS OF SERVICE WHEREAS, Ruth A. Johnson was first employed by Roanoke County on September 4, 1979, as a librarian; and WHEREAS, Ms. Johnson also served as head librarian at the Hollins Branch Library and later as head of the library system's reference department for more than twenty years; and WHEREAS, during her tenure as head of reference, Ms. Johnson demonstrated the highest standards of professionalism and positive customer service; and WHEREAS, Ms. Johnson also acted as both mentor and leader to her staff, encouraging intellectual curiosity, creative problem solving, and an unwavering determination to find information and answers for patrons; and WHEREAS, Ms. Johnson's actions and those of her department earned the respect and appreciation of citizens, businesses, and colleagues throughout the region; and WHEREAS, Ms. Johnson retired from Roanoke County on November 1, 2005, as a divisional librarian after twenty-six years and two months of service; and WHEREAS, Ms. Johnson, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. . . :J- :l- NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to RUTH A. JOHNSON for more than twenty-six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. t"\ ACTION NO. ITEM NO. :r - 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate grant funds in the amount of $500 from the Wal- Mart Foundation for the purchase of safety education equipment SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief Elmer C. Hodge, Jr. elf County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Wal-Mart Foundation awarded the Fire and Rescue Department a grant totaling $500 to purchase safety education equipment. The equipment will be used for public education to promote home safety and fire safety for our citizens. FISCAL IMPACT: None AL TERNATIVES: The department will not be able to purchase the equipment. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $500 into the Fire and Rescue Department's budget. ACTION NO. ITEM NO. T-L\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Acceptance of Chateau Court and a portion of Golden Ivy Drive into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge t'1f County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Strauss Development Corporation and Strauss Construction Corporation, the developer of Wedgwood, Section No.1, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.18 mile of Golden Ivy Drive from the intersection with East Ruritan Road to the intersection with Chateau Court; accept 0.05 mile of Chateau Court from the intersection with Golden Ivy Drive east to its cul-de-sac; and accept 0.07 mile of Chateau Court from the intersection with Golden Ivy Drive west to its cul-de-sac. The staff has inspected this road, along with representatives of VDOT, and finds the road is acceptable. FISCAL IMPACT: No Roanoke County funding is required. J_l( STAFF RECOMMENDATION: The staff recommends that the Board approve a resolution to VDOT requesting that they accept Chateau Court and a portion of Golden Ivy Drive into the Secondary Road System. ...-r d. .J-l THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 15th DAY OF NOVEMBER, 2005, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF CHATEAU COURT AND A PORTION OF GOLDEN IVY DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Diane S. Childers, CMC - Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File - j- 'VICINITY ~ NORTH J~J lei ~¡ lit I~I I~I J J m! ~! ~f §?;J~' ;:;t. _ :::s Þö' . g I' Q. , 1,", ( I I· I I ! I \ \ 5 4. '. 1Upl.If-<II-I1 -.J,AoID1..~M.~ 1\.1. xø.lPC.U. .... '.~" · . " t ' . " ~'iO ... '~1:!' <',j rAlffO,.I.J--If..... ~...L."'"'.~ ).&U51."'-7'" lV4G.~,,-4 -""- IIA ,,.,po '" -:-----/ / j PROPOSED ADDITION SHOWN IN GRAY / .-. , 't::::;';;:' . ""'I u. 1IØ7, IS. þQ :. I. ':. .~~.; .'. ,. , . :\2.... I :': . -" ~ ! TM"'~-l.I ItØ(tCoI ul'llll J.EG .....s57.~1ILJ · -... ~.¡f. / · '¡3'" ': ~ .. . DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICE Miles Feet Feet Houses Golden Ivy Road - from the intersection of 0.18 Varies - 44' 38 0 East Ruritan Road to intersection with Chateau Court. Chateau Court.- from intersedtion with 0.05 40 30 6 Golden Iv Road east to its cul-de-sac. Chateau Court - from intersection with 0.07 40 30 7 Golden Iv Road west to its cul-de-sac. fT ROANOKE COUNT:( lJEPÆRTMENT OF COMMUNITY. DEVELOPMENT . . Wedgwood, Section No.1 Acceptance of Chateau Court and a portion of . Golden Ivy Drive into the Virginia Department . of Transportation Secondary System. ."" . .~ . ~' ... C "'C "i c: ;; 0 0 (,) dI en CP i ..c: E - ~ 0 - ..s 0) >- c: ãi :; 0 <D -' "'C "'C ,§ H ~ :I Z "'C 15 0 dI ; H CI) a: tj 0 .. ~ .. µ:¡ ~ (/) Q. :I Q <D Õ ~ "'C ~ iBI g >: ~ "8 " c a .Q en .x > Cf) ~ 'õ .r:; Z ~ .a ::J 0 .9 rn r- i õ 0 E '" .r:; E 0 u ~ III ~ < z ~.;; M ~ o Õ Ü M .µ:¡ ~ o ~ @ £; ~ co = æ ;i ...J '" co If) r--. ~ c a :¡ M 0 0 :> . . . os ¡ 0 0 0 C "'C <:- Æ O'Í" ~ Çt:;'Í" :š p.., 0 ~ß ..... ~~ ~ ~~ "6 z .. HO ~ ~u 5 >z :¡ ~µ:¡ u .. ~ Q~ H +1 :3 ~J; Çt:;N ~ g ó .¡; 'Í" 0 0 à: "'C ~ 'Í" 'Í" 'Í" (j'\ (j'\ (j'\ ~ 0 0 0 M ~ M M ~ g: ~ ~ ~ o;H åi åi ;,; ¡; åi 125 CI 01 co CI CI , " " CI " a ¡::: Q. Q. a.. a.. Q. a.. ~r--. ~ ~ .; o. " . r--. ~ c ïi =N h N is [1 "'C ~ ~ 5 .. CJ 1 I ! ~ .; . ~ ~ c5 C; ~ i2 ~ (" ~ 0 ~ ~ ,,; ë ~ ~ ~ "i "'C "i "i :; t ~ " U D " CO II> I I 0 0 0 0 ~ ..... H t a WI ,., ;.; " t: 'Í" ~ ~ i os ~o 0 ~ i "'C t ~ < ......... ......... .. ï 0'> 0'> H ~ ~ ......... ......... W ~ þ CV) CV) " <D þ: ~ .. 0; ;; åi .. 'iõ U) 0; 0; ;; '" ;; ëi ~ ;; ëí Ïi ëi ;; ~ 0 ~ 0 ~ 0 c 0 c 0 c i "i 1: 1: "i "'C "'C "'C >- ;;. D co D ¡j "'C "'C "'C "'C "'C "'C "'C ð ~ ~ H ð ð ð ð ~ Õ g g 11: g g g U II> D ~ a: g a: ~ a: § a: ~ a: ~ a: g a: > ;; Ö êi Ö ;; Ö ;; ë êi Ö ;; ë êi' ë êi' :I ù: ..... õ: ù: ..... õ: ù: ..... õ: ù: ..... õ: ... ..... õ: ù: ..... õ: ù: ..... õ: u )( D >- " ~ ~ ~ ã :ë ~ 0 0 CI ." "I u U ã H þ ::::J ~ .r:; <D 'ë ã æ~ ~ .~ D 1 ä QH ~ z 825 ë: CI U U ìi :I CI .. Ò " - <N' t") ... '" co .... .. a: z Õ z ¡; ~ J:> CI j êi u is ..s ¡¡ ..... E z :I W g ::¡ " :::t: " u -G < ..... õ ..... < ~ u.. Q. 0 II Z .. 0 II ¡:: "i J i5 ... a ACTION NO. :T-f) ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts SUBMITTED BY: W. Brent Robertson Director of Management and Budget Elmer C. Hodge ~II County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a local government challenge grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, (if full funding is approved) any donation the County makes to qualified art organizations in the valley. In the FY 2005-06 budget, the Board of Supervisors approved an appropriation of $2,500 for the Arts Council of the Slue Ridge; $2,000 for the Harrison Museum of African American Culture; $5,500 for Mill Mountain Theatre; and $6,400 for the Roanoke Symphony Orchestra. Staff, therefore, applied for the maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for FY 2005-06. FISCAL IMPACT: Staff recommends dividing the $5,000 grant evenly between the Arts Council of the Blue Ridge, the Harrison Museum of African American Culture, Mill Mountain Theatre, and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: ~'"~. c: J-::; Orqanization Arts Council Harrison Museum Mill Mountain Theatre Roanoke Symphony County Appropriation $ 2,500 2,000 5,500 6.400 $ 16.400 VCA Grant $1 ,250 1,250 1,250 1.250 $ 5.000 Total $ 3,750 3,250 6,750 7,650 $21.400 ALTERNATIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the local government challenge grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. ACTION NO. ITEM NO. ~-lQ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Acceptance and appropriation of $20,000.00 in grant funds from the Virginia Department of Emergency Management to Fire and Rescue for the continuation of Regional Citizen Corp Council and Community Emergency Response Team (CERT) training. SUBMITTED BY: Richard E. Burch, Jr. Chief Elmer C. Hodge ~II County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Fire and Rescue, in cooperation with the American Red Cross and other localities in the region, has participated in the implementation for the Community Emergency Response Team (CERT) training in the past. Over 400 citizens have graduated since the training began. The acceptance and appropriation of these funds will allow future classes to be funded which will allow for additional citizens to complete the course and past participants to be offered refresher classes. The CERT initiative is designed to prepare citizens to help themselves and others during times of catastrophic events until emergency responders can arrive or to provide further assistance along with emergency responders. Several trained members utilized their skills when they assisted with the shelter operations during area floods. Additionally, members have assisted the American Red Cross on various other disaster deployments. 1 · . :J-L, FISCAL IMPACT: The program is fully funded through grant monies appropriated to Fire and Rescue. No matching funds are required however, staff time is necessary to the successful completion of the classes. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of $20,000.00 in grant funds from the Virginia Department of Emergency Management to the Fire and Rescue Department's budget. 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 Amount $11,808,285 Unallocated revenue 2005-2006 350,000 Balance at November 15, 2005 12,158,285 N- \ % of General Fund Revenues 7.57% 7.79% Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2005-06 at a range of 7.5%-8.5% of General Fund Revenues 2005 - 2006 General Fund Revenues $156,020,489 7.5% of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge Eft County Administrator N-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve {Projects not in the CIP, architectural/engineering services, and other one-time expenditures.} Amount Unaudited Balance at June 30,2005 $5,268,848.06 7/26/2005 Appropriation for construction of new school warehouse (117,000.00) 8/23/2005 Appropriation for vehicle and equipment for Animal Control (85,540.00) Officers approved in the Police Department 9/27/2005 Appropriation for renovations to Roanoke County Courthouse (123,000.00) Balance at November 15, 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 opportunities.} Unaudited Balance at June 30, 2005 $1,416,838.00 7/1/2005 Capital Improvement Program funding for 2005-06 (Library) (1,416,838.00) Balance at November 15, 2005 $0.00 Submitted By Rebecca E. Owens Director of Finance Elmer C. Hodge "t1 County Administrator Approved By 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 October 25, 2005 Appropriation for the purchase and installation of a ($1,800.00) neighborhood sign in the Delaney Court Community Balance at November 15, 2005 $73,200.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ëff County Administrator N-4 FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 FY 2005-2006 Original budget appropriation Less increase in debt service Add Economic Development Dropoff FY 2005-2006 Annual Capital Contribution County Schools Balance at November 15, 2005 2,000,000 (3,424,615) 524,000 300,000 300,000 $ 6,242,387 (900,615) 600,000 $ 5,941,772 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge {'# County Administrator ACTION NO. ~-5 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Accounts Paid-October 2005 SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge V County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,401,446.24 Payroll 10/7/2005 901,124.84 126,069.82 1,027,194.66 Payroll 10/21/2005 865,875.09 133,606.17 999,481.26 Manual Checks 428.57 428.57 Voids Grand Total $ 6,428,550.73 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. .. N -lJ> ~ .t:i .... V) 0 0-.. It') \D \D ~ ~ "" \D .,¡- "" M 0-.. t- - - M <: 0 0 t- V) 0-.. "" .,¡- t- .. '0 e " <¡; M - - CIO V) ~ - 0-.. \D \D .,¡- \Q M - ~ "1 M "" CIO ~ ~ -: V) ~ M 0-.. 0-- V) Q c = ~ OÐ ..f M N ...¡ cO V) ...; -D M N ..f ..,; N ...,; V) M cO ..f ..Q - ,..: V) M 0 ,..: 3 " " '0 M M ~ M ~ M M M M M ~ M .,¡- M M .,¡- M ~ M M .,¡- 0-.. t- M 0 Q, c 0 .. .. ¡OJ .. = ~ .. ¡OJ ~ ~ ~ " o¡ .. ;.- '0 ~ ~ " ~ \D t- ~ It') t- ~ 0-- V) 00 M t- M 0 "" 0-.. M 0 \D t- t- t- o <: " M ~ 0-.. 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I/') = = ~ ... .... .. ~ .?;> r¡ ..... ... = ~ '" ¡::z:: <:> ..c c .... .... 'a -; ë " ..; " .. ..... .~ " = ~ 0:: ØI - ,,; ;; OJ -< "0 i "CI " "0 = C 0 '" ~ = "CI "0 '" ... .S ~ -; .. " ... ~ "'" 0 ..c Þ '" ë ¡..¡ " - \Q = ~ " ~ ... .. = 0 "0 \Q 0 - ~ = = U = <:> = .... ... .... æ " r-.:' I/') ... .; .... - '" .. - " rJ:J r.. '" œ õ ... "0 C .. .. " "0 or> C = 3 r.. ~ '<> œ ~ 0 s 0 .. Ñ " .¡; ~ .¡; c ~ " ~ ~ " c ~ UJ c ë UJ .s u UJ § 8 ¡f <= ::;: '6 <= 1:: ¡ß - -¡; 8- ::;: "0 ~ ~ ~ <C c ¡¡; ~ M a- = ~ '" r.. ~ 0 '" ;z: N ¡¡; t;:; 00 ACTION NO. ITEM NUMBER~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: November 15, 2005. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of October 31,2005. SUMMARY OF INFORMATION: CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 GOVERNMENT: ALEXANDER KEY FED SUNTRUST 56,727,974.41 12,005,003.00 68,732,977 .41 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 10,094,451.20 10,094,451.20 MONEY MARKET: ALEXANDER KEY FED BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST SUNTRUST - SWEEP WACHOVIA 3,022,788.88 2,006,033.46 1,003,953.28 558,830.64 4,057,145.03 2,377 ,426.80 13,026,178.09 TOTAL 91,953,606.70 N~8 PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Continç¡ency 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 Replacement 124,407 (124,407) 10/05/05 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 November 8, 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, ~fJ Elmer Hodge '{ . County Administrator N-9 PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA hanQe Order Number Date Approved Description of Change Order Amount 001 January 27,2005 6 GHz Microwave and Vinton Related Costs $ 21,065 002 January 27,2005 Delete several CAD servers, add CAD and related CAD software (paid from departmental E911 funds) 53,835 003 June 20, 2005 Establish Guaranteed Maximum Price (GMP) (51,387) 004 June 28, 2005 Revised foundation due to soft soils 319,034 005 August23,2005 Replace the sanitary sewer line 124,407 006 October 13, 2005 Convert Citations and Warrants Databases for new CAD System no cost Total as of November 8, 2005 $ 466,954 Submitted By, Dan O'Donnell Asst. County Administrator Approved BY'rU' Elmer Hodge t.. P County Administrator N-IO ~o\nt ProclamatiO/J DECLARING OCTOBER 15, 2005 AS WHITE CANE SAFETY DAY IN THE ROANOKE VALLEY WHEREAS, National White Cane Safety Day is observed annually on October 15 as a day of special significance for blind and visually impaired Americans; it represents a declaration of freedom and signifies a commitment by the sighted community to improve access to basic services for blind and visually impaired persons; and WHEREAS, the familiar "white cane" is recognized as a tool of independence that enables the blind and visually impaired to participate in the facets of daily life; the core principles of our country promise freedom, justice and hope, and these principles should guarantee the opportunity for every disabled American to live full and productive lives; and WHEREAS, throughout history, the cane, staff and stick have existed as traveling aids for the blind and visually impaired; dating back to biblic,al times, records indicate that a shepherd's staff was used as a tool for solitary travel; the blind used such tools to alert them to obstacles in their path; and introduction of the white cane in North America in 1931 has been attributed to the Lion's Clubs International as an identifier of blind independence. NOW THEREFORE, WE, the undersigned, encourage all citizens to open the doors of opportunity for all blind and visually impaired persons, and do hereby proclaim Saturday, October 15, 2005, as WHITE CANE SAFETY DAY in the Roanoke Valley. L11¿~~~ C. Nelson Harris, Mayor City of Roanoke . Michael W. Altizer, Chair Roanoke County Board of Supervisors &{;.'·~M Carl E. Tarpley, Jr. a City of Salem 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: November 15, 2005 AGENDA ITEM: Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in October 2005 SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge fII County Administrator 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 October 2005. All changes to the secondary system, with the exception of legal discontinuances, are effective the day they are approved by the Director of the Local Assistance Division. '" '0 ~ V\ V\ (V_I) ~ -. .~ 0 0 ;:. 0 0 .... <'I ~ :ê !oJ ~ ~ <') I .... Ô Ô t-... ¡;.;¡ ~ rJ'1 = V\ V\ 0 .E 0 0 0 0 ..... == .... <'I <'I ~ = ;;:¡ 0; ~ ~ õ '" .... 00 ~ '" 0; t-.... ~~ -. ... 0- '" .c '" <'I r- ..C) .... ~ 0 !:: CIJ::: Ó Ó Ó ~ ~~ ..;¡ ~ 0::: ~ <:> t).I) "E ~ .!! <:j <:> ~ Q::¡ 0::: .S .S: ~ ~ t).I) 1:: = <:> ~ ~ .c 0::: U <:j u .... ~ oj ~ -:: en Z 0 -; -e 0 '" :; .... ;<: 0 0::: U ~ <:> Ö !:: E E- ð 00 <'I '" u 10 -:: oj 0 II) , '5 s.: 0 -0 0 ""\:: I 0::: '" :; 0 1:: U ;;. <:> .¡: ~ 0 0 E- ... ¡:: '" 00 0 ..C) '2 00 ~ :::: 'ë :r:: .~ 0 -0 I. 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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: November 15, 2005 Work Session to discuss implementation of 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt, Chief Financial Officer F. Kevin Hutchins, Treasurer Nancy J. Horn, Commissioner of Revenue Elmer C. Hodge ~ II~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Personal Property Tax Relief Act (PPTRA) of 1998 established a statewide program to provide relief to owners of personal use motor vehicles. The 1998 Act envisioned a five year phase-in of relief expressed as a percentage of the bill related to the first $20,000 of personal use vehicle value. Costs soared and the percentage was frozen at 70% since 2001. The 2004 General Assembly standoff resulted in the compromise of capping the PPTRA relief at $950 million and shifting the reimbursement to the state fiscal year, effectively gaining a $229 million windfall for the state at the expense of delaying reimbursement to about three dozen localities (spring billers). In its original form, PPTRA was a vehicle-based entitlement program. The state was obligated to provide annual tax relief to owners of all personal use vehicles, with the relief computed on the first $20,000 of assessed vehicle value. The changes to PPTRA made by SB 5005 mark an end to this vehicle-based entitlement program, and establish what amounts to a fixed, annual block grant to localities. The state's obligation is capped and made certain, while localities are provided greater flexibility (and assume greater risk) in determining how relief is to be distributed. 1 ~.. f In order to put these changes into effect, the County must adopt an ordinance that sets the framework for the implementation and administration of the state tax relief program. It is recommended that this ordinance be in place by January 1, 2006. The Board will also need to pass an annual resolution with the first one being before the 2006 tax bills are mailed. This resolution will set the percentage reduction in personal property for that year. This percentage will be computed based upon historical trends and the current tax assessment book. In addition, there is a transition issue for tax bills from 2005 and prior that remain delinquent at December 31,2005. The state will continue to pay the state share of reimbursement until September 1, 2006, or until the state funding is depleted. At that time, the local governments can chose to take a loss on the collection, or "balance bill" the taxpayer for 100% of the original assessment. There are several decisions that the board will need to make in the implementation of these changes. We will review these alternatives with you at the work session. STAFF RECOMMENDATION: At the conclusion of the work session, staff recommends the following to be incorporated into the PPTRA implementation ordinance: 1. The County chooses the "specific relief' method (percentages reduction) of computing tax relief. 2. The County will allocate the relief at a singe percentage across the board to the first $20,000 of personal vehicle value. 3. The County will continue to exempt vehicles valued at $1 ,000 and below from taxation 4. The Treasurer is authorized to "balance bill" any taxes from 2005 and prior that are still delinquent at September 1, 2006, or when the state funding for tax relief is depleted. This ordinance will be brought to the Board for a first reading on December 6, 2005, and a second reading and public hearing on December 20, 2005. A draft of this ordinance is attached. 2 -p- i DRAFT ORDINANCE PROVIDING FOR THE IMPLEMENTATION OF THE 2004- 2005 CHANGES TO THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 WHEREAS, the Personal Property Tax Relief Act of 1998, Va. Code §§ 58.1- 3523 et seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, hereinafter cited as the "2005 Appropriations Act"); and WHEREAS, these legislative enactments require the County of Roanoke to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and WHEREAS, these legislative enactments provide for the appropriation to the County, commencing in 2006, of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax ("PPT") on such vehicles, and provide the opportunity for the County to fashion a program of tax relief that serves the best interests of its citizenry; NOW THEREFORE, BE IT ORDAINED by the County Board of Supervisors, this 20th day of December 2005, That Chapter , Article of the Code of Roanoke County be, and is hereby, amended to add Section , which shall read as follows: § 1. Purpose; Definitions; Relation to other Ordinances. (a) The purpose of this Ordinance is to provide for the implementation of the changes to PPTRA effected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. 1 :p- I (b) Terms used in this Ordinance that have defined meanings set forth in PPTRA shall have the same meanings as set forth in Va. Code § 58.1-3523, as amended. (c) To the extent that the provisions of this Ordinance conflict with any prior Ordinance or provision of the County Code, this Ordinance shall control. § 2. Method of Computinq and Reflectinq Tax Relief. (a) For tax years commencing in 2006, the County adopts the provisions of Item 503.E of the 2005 Appropriations Act, providing for the computation of tax relief as a specific dollar amount to be offset against the total taxes that would otherwise be due but for PPTRA and the reporting of such specific dollar relief on the tax bill. (b) The Board shall, by resolution, set the percentage of tax relief at such a level that it is anticipated fully to exhaust PPTRA relief funds provided to the County by the Commonwealth. (c) Personal property tax bills shall set forth on their face the specific dollar amount of relief credited with respect to each qualifying vehicle, together with an explanation of the general manner in which relief is allocated. § 3. Allocation of Relief amonq Taxpavers. (a) Allocation of PPTRA relief shall be provided in accordance with the general provisions of this section, as implemented by the specific provisions of the County's annual resolution relating to PPTRA relief. (b) Relief shall be allocated in such as manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1 ,000 or less. (c) Relief with respect to qualifying vehicles with assessed values of more than $1,000 shall be provided at a percentage, annually fixed by County resolution and 2 "P-l applied to the first $20,000 in value of each such qualifying vehicle, that is estimated fully to use all available state PPTRA relief. The rate shall be established annually by County resolution. § 4. Transitional Provisions. (a) Pursuant to authority conferred in Item 503.0 of the 2005 Appropriations Act, the County Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100 percent of tax due without regard to any former entitlement to state PPTRA relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such date as state funds for reimbursement of the state share of such bill have become unavailable, whichever earlier occurs. (b) Penalty and interest with respect to bills issued pursuant to subsection (a) of this section shall be computed on the entire amount of tax owed. Interest shall be computed at the rate provided in Article , Section of the Code of the County of Roanoke from the original due date of the tax. 3 Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 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, thatthe 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. R-\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Resolution of appreciation to Vicki W. Thomas, Police Department, upon her retirement following thirty years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board Elmer C. Hodge Eff County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ms. Thomas, lead communications officer with the Police Department, retired from the County on November 1,2005, after thirty years of service. Ms. Thomas will attend the evening Board meeting to accept a resolution of appreciation from the Board. Ray Lavinder, Chief of Police, plans to be present at the meeting. r< -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO VICKI W. THOMAS, POLICE DEPARTMENT, UPON HER RETIREMENT AFTER THIRTY YEARS OF SERVICE WHEREAS, Vicki W. Thomas was first employed by Roanoke County on July 1, 1975, as a dispatcher in the Police Department; and WHEREAS, Ms. Thomas retired from Roanoke County on November 1, 2005, as a lead communications officer after thirty years and four months of service; and WHEREAS, Ms. Thomas was the consummate employee who dedicated herself to making the County a safer place in which to live by spending countless hours in the dispatcher's office providing assistance; and WHEREAS, during Ms. Thomas' early career, when the dispatch office was under staffed and conditions very uncomfortable, she accepted the situation cheerfully and maintained a positive attitude while doing her best for the citizens; and WHEREAS, Ms. Thomas, in addition to working through her eight-hour shift, frequently volunteered to work an additional eight-hour shift as an auxiliary deputy sheriff; and WHEREAS, Ms. Thomas, 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 1<-1 Roanoke County to VICKI W. THOMAS for more than thirty years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. p,.- ;:)." AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Proclamation declaring November 13 through 19, 2005 as "American Education Week" in the County of Roanoke SUBMITTED BY: Diane S. Childers Clerk to the Board Elmer C. Hodge E (,f County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools has requested a proclamation declaring that November 13 through 19, 2005, be designated as "American Education Week" in Roanoke County. The County school system has long been recognized for providing outstanding educational opportunities, as well as for bringing together educators, parents, students and the business community in a shared enterprise. The requested proclamation recognizes the Roanoke County School Board, the public school system, its staff and employees, for their dedication to educating the children in our area. Drew Barrineau, Chairman of the School Board, will attend the Board meeting to accept the proclamation. Also attending will be Dr. Linda Weber, School Superintendent. «-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 PROCLAMATION DECLARING NOVEMBER 13 THROUGH 19, 2005, AS AMERICAN EDUCATION WEEK IN THE COUNTY OF ROANOKE WHEREAS, public schools are the backbone of our democracy, providing young people with the tools they need to maintain our nation's precious values offreedom, civility, and equality; and WHEREAS, by equipping young Americans with both practical skills and broader intellectual abilities, schools give them hope for, and access to, a productive future; and WHEREAS, education employees, be they custodians or teachers, bus drivers or librarians, work tirelessly to serve our children and communities with care and professionalism; and WHEREAS, Roanoke County Public Schools have a long and honorable history of providing an outstanding education at all levels, from elementary through high school; and WHEREAS, schools are community linchpins, bringing together adults and children, educators and volunteers, business leaders and elected officials in a common enterprise. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim November 13 through 19, 2005, as the 84th annual observance of AMERICAN EDUCATION WEEK, in recognition of the Roanoke County School Board, the public school system, its staff and employees, and commend them on their dedication to learning, teaching and caring for our children, the future of Roanoke County. ACTION NO. ITEM NO. s- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request for appropriation of final year-end balance from school operations for the fiscal year ended June 30, 2005 SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Penny A. Hodge Director of Budget and Finance - Roanoke County Schools Elmer C. Hodge ~ ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Overall, the FY04-05 budget anticipated growth in state aid of 20% and in sales tax revenues of 6%; but the actual growth exceeded these projections. As a result of year-end operations, actual revenue received exceeded budgeted revenue by $2.8 million (2.42% of budget). The excess revenues primarily consisted of basic aid and sales taxes. The budget was built using the largest increase in estimated enrollment in 10 years. However, the March 31, 2005 actual enrollment of 14,365 was 239 students higher than budgeted (14,126) and 86 students more than the prior year enrollment. This increase represented the 5th consecutive year of enrollment growth for Roanoke County Public Schools. This enrollment growth resulted in $900,000 more in basic aid funding than budgeted. However, the additional funding was not confirmed until June 2005 when the Department of Education identified a funding source for basic aid and eliminated the threat of pro-rating basic aid per their alert in February 2005. Please refer to Attachment A for a historical comparison of student enrollment. In addition, sales tax collections improved dramatically over the previous year and ended the year at $1.9 million over budget. This represents the improving economy and the introduction of a new 1 18th cent sales tax adopted by the General Assembly for education and effective for FY04-05. S-l All of the school departments stayed within their approved budgets with under- expenditures in the major spending categories accounting for $2.5 million (or 2.15%) of the year-end balance, as outlined in Attachment B. Under-expenditures were attributable primarily to savings in the personnel budget ($1.5 million). Over $457,000 of savings resulted from lower payouts of accrued leave and severance pay to terminating employees this year and the lower retirement rate for non-professional employees yielded a $316,000 savings. Other savings resulted from unspent contingency funds, insurance savings, and cautious spending instituted based on the potential for a fuel deficit. The budget ordinance adopted by the Board of Supervisors on May 24, 2005 indicated "that all school fund appropriations remaining at the end of the 2004-05 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2005-06." During FY04-05, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and county capital improvements in future years. The Year End Balance and School Capital Reserve policies designate portions of the year-end balance for major and minor capital projects. Based on the adopted policies, staff is recommending the following appropriations: Minor Capital Funds · $1,000,000 allocated to Minor Capital Projects which will be approved by the School Board at a later date based on evaluation of existing needs and priorities. Major Capital Funds · $3,045,195 allocated to Major Capital Projects in the approved School Capital Improvement Plan. School Operatinq Fund Unappropriated Balance · $1,300,000 reserved for financial emergencies due to unexpected revenue shortfalls andlor unplanned significant expenditure increases. This reserve is intended to protect the school system from the need for a mid-year reduction in staff or service levels as the result of an unanticipated financial draw on school resources (for example, significant fuel increases over the past two months and expected significant utility increases this winter). · A draft policy is outlined in Attachment C to allow for the creation of the School Operating Fund Unappropriated Balance, pending approval from the School Board and the Board of Supervisors. STAFF RECOMMENDATION: Staff recommends the following: (1) Appropriation of the fiscal year 2004-05 year-end balance of $5,385,687 per Attachment B; and (2) Adoption of the School Operating Fund Unappropriated Balance Policy. The School Board took positive action on these same items at their meeting on November 8,2005. ATTACHMENT A Average Daily Membership H ¡story ADM Over (Under) Growth (Decline) Year Budget March 31 Budget from Prior Year 1994- 95 13,600 13,652 52 1995- 96 13,650 13,721 71 69 1996- 97 13,776 13,863 87 142 1997- 98 13,950 13,898 (52) 35 1998- 99 13,950 13,862 (8(3) \36) 1999- 00 13,825 13,856 31 (6) 2000- 01 13,825 13,865 40 9 2001- 02 13,825 13,930 105 65 2002- 03 13,830 14,127 297 197 2003- 04 13,938 14,279 341 152 2004- 05 14,126 14.365 239 86 2005- 06 14,365 TBD TBD TBD Roanoke County Schools Summary of Operating Fund Revenues and Expenditures For the Year Ended June 30, 2005 Revenues: Sales tax State aid for education Federal aid for education Tuition, rent & interest Transfers in Beginning balance Budget 10,444,634 45,863,943 311,205 692,169 56,802,760 3,792,108 117,906,819 Actual 12,384,224 46,798,612 361,236 742,903 56,802,760 3,670,524 120,760,259 ATTACHMENT B Amount 1,939,590 934,669 50,031 50,734 (121,584) 2,853,440 2.42% 1 ,553,440 1,300,000 2,853,440 1,498,279 1,033,968 2,532,247 2.15% 29,.314 11,17B 1.000,000 1.491,755 2,532.247 Use of exœss reVÐI1IUe oollections: Estimated Lr.a.r:lS'fer ~Q 'Major Capital Reserve per policy Estimated uoosfer ~o New Contingency Fund per new po1icy Expenditures: Personnel Operating 94,822,396 23,084,423 117,906,819 93,324,117 22,050,455 115,374,572 Use of unspent expenditure appropriations: Rollover for outstanding purchase orders Rollover fO( oond uniform replacements Es!imated transfer fa Minor Capital Reserve per policy Estimated transfer fa Major Capital Reserve per policy Total Contributions to Reserves per policy: Major Capital Reserve (2/3 of balance) Minor Capital Reserve (1/3 of balance up to cap) New Contingency Fund 3,045,195 1,000,000 1,300,000 5,345,195 <,-- I .;> ATTACHMENT C AT A REGULAR MEETING OF THE SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, HELD AT ROANOKE COUNTY PUBLIC SCHOOLS ADMINISTRATION CENTER ON XXXXXXXX, XXXXXXXX XX, 2005 RESOLUTION ADOPTING A SCHOOL OPERATING FUND UNAPPROPRIATED BALANCE POLICY WHEREAS, one of the measures of a fiscally well managed locality is the adoption of formal financial policies; and WHEREAS, the School Board has previously adopted a Year End Balance Policy and a Policy for School Capital Reserves to fund capital needs; and WHEREAS, the School Board now wishes to provide for the long-term economic stability of Roanoke County Public Schools by establishing a formal policy for the establishment, maintenance, and use of the unreserved school operating fund balance. NOW, THEREFORE, BE IT RESOLVED, by the School Board of Roanoke County, Virginia, as follows: 1. That the School Operating Fund Unappropriated Balance Policy is adopted as follows, and 2. That this policy is in effect for FY2005-06, and subsequent fiscal years unless otherwise amended by the School Board. 1 S"- , Roanoke County Public Schools School Operating Fund Unappropriated Balance Policy I. Background The County of Roanoke and Roanoke County Public Schools recognize one of the keys to sound financial management is the development of financial policies. Credit agencies carefully monitor levels of unreserved fund balance to evaluate a government's continued creditworthiness. II. Purpose The School Board is ensuring the long-term economic stability of the Roanoke County Public Schools, by establishing a policy that maintains a prudent level of financial resources to protect against mid-year reductions in staffing or service levels because of temporary revenue shortfalls or unforeseen expenditures. III. Reasons for Adopting this Policy · Plan for contingencies · Maintain good standings with the rating agencies · Avoid interest expense for operating budget needs and capital needs · Investment income from fund balances · Ensure cash availability when revenue is unavailable IV. Unappropriated Balance Policy Guidelines The School Operating Fund Unappropriated Balance will be funded with up to a maximum of $2,000,000 from the school year end balance with approval from the Board of Supervisors. V. Maintenance of Unappropriated Balance At the end of each fiscal year, the School Board may allocate funds to the School Operating Fund Unappropriated Balance, up to a maximum balance of $2,000,000, for appropriations made during the year providing there are available year end school resources. VI. Use of Unappropriated Balance The School Operating Fund Unappropriated Balance is available for: · Unexpected revenue shortfalls. · Unplanned significant expenditure increases. · Emergency appropriations. It is the intent of the School Board that the School Operating Fund Unappropriated Balance will be reserved for financial emergencies and when appropriations are necessary, the balance will be replenished with the next available year end funds from school operations. 2 ACTION NO. ITEM NO. 5-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Request to adopt a resolution authorizing the applications for literary loans to fund renovations at Northside High School and William Byrd High School SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge t:/J County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The School Board adopted the School Capital Improvements Plan - Phase 3 at their March 9, 2005 board meeting. Phase 3 includes renovations to Northside High, William Byrd High, and Glenvar High, as well as an addition at Bonsack Elementary, a new South County middle school, and the conversion of the current Cave Spring Middle school to an elementary school. The renovation of Northside High is the first priority on the list, followed by the renovations at William Byrd High. The Northside project includes asbestos abatement and renovation of existing corridors, upgrade of the existing HVAC and electrical systems, a new administrative wing, renovations of existing classrooms, upgrade of the kitchen and serving area, renovations to the auditorium, replacement of existing windows and roof system, general interior finish upgrades, and parking lot improvements. The William Byrd High project includes a 16 room classroom addition, expansion of the cafeteria, renovation of the kitchen, locker rooms, and auditorium, and new furnishings throughout the building. 1 Ç-L In order to be placed on the State list for literary loan funding, an application must be submitted to the State, including authorizing resolutions adopted by both the School Board and the County Board. The School Board adopted their authorizing resolutions (Attachment A) at their meeting on October 26, 2005. In order for the applications to be considered for funding, the following documents must also be submitted to the State for each project: 1. One set of complete plans and specifications 2. Letter of approval by division superintendent 3. Design statement by architect or engineer. FISCAL IMPACT: These projects will be funded with a combination of literary loan funds, bonds sold through the Virginia Public School Authority, and cash balances in the Major School Capital Reserve. Currently, literary loans are available at 4% interest rates. In light of rising interest rates, it would be beneficial for the school system to get on the waiting list for a low interest literary fund loan in the event that literary loan funding becomes available in FY06- 07 (for Northside) and FY07-08 (for William Byrd). The maximum literary fund loan available to school divisions is $7,500,000 for anyone project and can be used only for bricks and mortar portions of a project. The actual loan value will be determined at the time it becomes available and when actual construction costs are available. STAFF RECOMMENDATION: Staff recommends the approval of the attached resolution authorizing the applications to the literary loan for the maximum amount of $7,500,000 each for Northside High and William Byrd High. This funding, if available, will be used as part of the planned capital improvements plan for these projects. 2 \ ~2... -þ Attachment A RESOLUTION OF THE SCHOOL BOARD OF THE COUNTY OF ROANOKE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS AND APPROVING APPLICATIONS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS TO THE LITERARY FUND WHEREAS, the School Board of the County of Roanoke, Virginia (the "Issuer") is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; WHEREAS, the Issuer expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with certain capital improvements for school projects, consisting primarily of the renovation, improvement and expansion of Northside High School and William Byrd High School (the "Projects"); WHEREAS, the Issuer has determined that any moneys previously advanced no more than 60 days prior to the date hereof (other than moneys for which an exception applies) and those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the Issuer for the Expenditures from the proceeds of one or more issues of tax-exempt bonds (the "Bonds"); and WHEREAS, the Issuer proposes to finance a portion of the cost of the Projects with a loan or loans from the Virginia Literary Fund in the maximum aggregate amount of $15,000,000 (the "Loans"). NOW, THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS: Section 1. The Issuer hereby declares its intent to reimburse itself with the proceeds of the Bonds for the Expenditures with respect to the Projects made on and after that date which is no more than 60 days prior to the date hereof. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds. Section 2. Each Expenditure will be either (a) of a type properly chargeable to capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of the Issuer so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Issuer. 1 S -2.. Section 3. The maximum principal amount of the Bonds expected to be issued for the Projects is $15,000,000. Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer's use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least 5 years. Section 5. The Issuer authorizes and directs the Chairman of the School Board and the Division Superintendent, or either of them, and such officers and agents of the School Board as either of them may designate to submit an application or applications to the State Board of Education of Virginia for the Loans and to take such other action as may be necessary or desirable in connection with such application and all such action previously taken is ratified and confirmed. Section 6. This resolution shall take effect immediately upon its passage. ADOPTED this 26th day of October, 2005. Clerk, School Board, County of Roanoke, Virginia 2 ~-2.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION APPROVING THE SUBMISSION OF APPLICATIONS TO THE LITERARY FUND FOR RENOVATIONS TO NORTHSIDE HIGH SCHOOL AND WILLIAM BYRD HIGH SCHOOL WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County propose to finance certain capital improvements for school projects, consisting primarily of the renovation, improvement and expansion of Northside High School and William Byrd High School (the "Projects") with a loan or loans from the Virginia Literary Fund in the aggregate amount of $15,000,000 (the "Loans") and the School Board presented to the Board of Supervisors proposed applications addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the aggregate amount of $15,000,000 for the Projects; and WHEREAS, the County or the School Board of the County expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the Projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. The applications of the School Board to the State Board of Education of Virginia for the Loans are hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $15,000,000 for the purposes set forth in such applications. The Board of Supervisors will each year during the life of the Loans, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash 1 S-2- appropriation sufficient for operation expenses and to pay the Loans and the interest thereon, as required by law regulating loans from the Literary Fund. 2. The County hereby declares its intent to reimburse itself with the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Projects made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of such financings expected to be issued for the Projects is $15,000,000. 3. This resolution shall take effect immediately upon its passage. 2 ACTION NO. ITEM NO. T- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 15, 2005 AGENDA ITEM: Public hearing to receive citizen comments regarding the request that the 2006 Session of the Virginia General Assembly amend the Roanoke County Charter to authorize Roanoke County to levy and collect a tax on tobacco products SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors authorized the publication of a legal notice scheduling a public hearing for 7:00 p.m. on November 15, 2005, seeking citizen comment on several proposed amendments to the Roanoke County Charter. This notice was published on November 5, 2005. Sec. 15.2-202 of the State Code sets out the procedure for a locality to request an amendment to its existing Charter. The locality must publish in a newspaper of general circulation the text or an informative summary of the charter amendment. This publication must also provide at least ten days notice of the time and place of a hearing on this charter amendment. Upon completion of the public hearing and adoption of the amendments the locality may request the General Assembly to grant it an amendment to its existing charter. The full text of the proposed amendments is attached to this report. A summary of the proposed Charter amendments is 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. 1 T- ( FISCAL IMPACT: Staff estimates that the County would receive between $350,000 - $700,000 a year if the General Assembly authorized the Board to impose this tax, and the Board adopted a local ordinance doing so. This estimate assumes a tax rate of 15 cents per pack ($0.0075 per cigarette ). STAFF RECOMMENDATION: Staff recommends that the Board hold the public hearing as scheduled. The next item on your agenda is the consideration of a resolution adopting the County's legislative program for the 2006 session of the Virginia General Assembly. This resolution includes the adoption of the proposed Charter amendments. 2 '1-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 15, 2005 RESOLUTION REQUESTING THE 2006 SESSION OF THE VIRGINIA GENERAL ASSEMBLY TO AMEND THE ROANOKE COUNTY CHARTER TO AUTHORIZE ROANOKE COUNTY TO LEVY AND COLLECT A TAX ON TOBACCO PRODUCTS WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues to be considered by the 2006 session of the Virginia General Assembly; and WH EREAS, the Board adopts this resolution as part of its Legislative Program for the 2006 session of the Virginia General Assembly; and WH EREAS, a public hearing on the proposal to amend the Roanoke County Charter was held on November 15, 2005, as provided in Section 15.2-202 of the Code of Virginia, as amended. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiative be submitted as part of 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. 1 2) 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. 2 LÀ - \ PETITIONER: CASE NUMBER: Grant Avenue Development 20-11/2005 Planning Commission Hearing Date: December 6,2005 (Continued from November 1, 2005 Board of Supervisors Hearing Date: December 20, 2005 (Continued from November 15,2005 A. REQUEST 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. B. CITIZEN COMMENTS Mr. AI Moyer spoke in opposition of the Grant Avenue Development application citing traffic safety concerns regarding entrance and exits from the site. Specifically he referred to the crest of the hill in relation to the potential entrance to the site and the potential for a traffic accident to occur at that location. Robert Patton spoke in opposition of the application saying that it would be better for an office use. Mr. Chris Craft spoke in favor of the Arby's restaurant stating that an Arby's Restaurant is a good use for the parcel. Mr. Travis Lang spoke in opposition of the application stating potential traffic accidents and congestion created by the site and the newly installed traffic light outweighed the need for a Fast Food Restaurant to be located on the site. C. SUMMARY OF COMMISSION DISCUSSION Ms. Kate Youngbluth presented the staff report. She recommended an additional condition to revise the site plan date to November 1, 2005 and to remove the Zoning Notes, Parking Requirements and Landscaping & Screening sections of the submitted concept plan. Mr. Ed Natt spoke on behalf of Grant Avenue Development. He addressed concerns brought forth by the community meeting regarding traffic and lighting that the site would create. During his discussion of traffic impacts Mr. Natt quoted from a traffic study done by T.P. Parker & Son. In addition, Mr. Natt agreed to proffer a number of staff suggested conditions from the staff report. Mr. Steve Azar then asked Mr. Natt if the buffer shown on plan was the 30' buffer with 6' screening option of the zoning ordinance. Mr. Natt confirmed that the plan depicted the 30' buffer with 6' screening option. Mrs. Martha Hooker asked Mr. Anthony Ford if the 10' Right of way would be sufficient for a right turn lane on West Ruritan Road. Mr. Ford answered that he had not been apart of the T. P. Parker & Son conversation with VDOT regarding how much land would suffice for a right turn lane and that 10' seemed like it 1 [) ,~ , would be the minimum amount necessary. Mr. Paul Brown ofT.P. Parker & Son spoke and said that up to 20' of right of way could be dedicated if VDOT choose to require the applicant to do so. Ms. Hooker then asked Mr. Ford if the six right-turn lane stacking spaces on West Ruritan would be enough to accommodate traffic generated from the site onto Route 460. Mr. Ford then explained that he had never received the traffic study report that Mr. Natt was quoting and would need further information to answer her question. Mr. Brown then confirmed that Mr. Ford had not received the report and that the draft traffic study was submitted to VDOT only. Mr. Brown said conflicting traffic flows in and out from the site could be aided by placing traffic bars on West Ruritan Road to control traffic flow. Mr. NaU agreed to proffer traffic stop bars on either side of the West Ruritan Road entrance/exit. Mr. Ford commented that traffic bars were a good idea however the applicant must make sure they have VDOT's approval to create them. Mr. McNeil stated that it seemed that traffic was the biggest issue. He then asked Mr. Ford if VDOT would accept any right of way that the applicant chose to dedicate. Mr. Ford answered that VDOT is always willing to accept any right of way applicants are willing to dedicate. Mr. Azar commented that he was concerned because Mr. Ford had not received the traffic study. Mr. AI Thomason commented that VDOT should be present for the discussion. Mrs. Hooker asked Mr. Ford if he would like to examine and comment on the traffic study prior to the Planning Commission voting on the application. Mr. Ford said that the traffic study that T.P. Parker & Son had created should be a three-way discussion between himself, the applicant, and VDOT and that he did wish to examine and comment on the study prior to the Planning Commission vote. D. CONDITIONS 1. The subject property, 3814 Challenger Avenue, shall have no direct access to or from Route 460. 2. Up to 10' of right of way shall be dedicated by the developer to VDOT on West Ruritan Road for a right turn lane onto Route 460. 3. The cross access easement shown on "Concept Plan for GRANT AVENUE DEVELOPMENT" under the date of August 30, 2005 revised October 25, 2005 between 3806 Challenger Avenue and the subject property shall be developed in substantial conformance with the concept plan to allow cross access between the two sites, West Ruritan Road and Trail Drive. 4. The hours of operation shall conclude no later than 11 :30 PM. 5. The top of any light fixture shall not exceed 15 feet in height. 6. Dumpsters shall not be emptied between the hours of 10:00PM and 7:00AM. 2 LA -I 7. The proposed sign shall be no greater than 18 feet in height from grade. 8. The building design and color scheme shall be in general conformity with the Photos dated October 25, 2005. 9. 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" submitted by T.P. Parker & Son, Engineers, Surveyors and Planners, under the revised date of October 25, 2005 and with the subsequent revisions made during the Planning Commission hearing dated November 1, 2005. E. PROFFER(S) 1. The hours of operation shall commence no earlier than 10:00 AM on each morning. F. COMMISSION ACTION(S) Mr. Azar made a motion for a 30 day continuance to provide Mr. Ford time to review the traffic study completed by T.P. Parker & Son. Motion carried 4-0. G. DISSENTING PERSPECTIVE None. H. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 3 · . STAFF REPORT Grant Avenue Development tk- ¡ Petitioner: Request: This is a 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. Location: 3814 Challenger Avenue Hollins Magisterial District: Proffers/Suggested Conditions: Proffers: 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 August 30, 2005 revised October 25, 2005. 2) The hours of operation shall commence no earlier than 10:00 AM on each morning. SUQQested Conditions: 1) The subject property, 3814 Challenger Avenue, shall have no direct access to or from Route 460. 2) Up to 10' of rig ht of way shall be dedicated by the developer to VDOT on West Ruritan Road for a right turn lane onto Route 460. 3) The cross access easement shown on "Concept Plan for GRANT AVENUE DEVELOPMENT" under the date of August 30, 2005 revised October 25, 2005 between 3806 Challenger Avenue and the subject property shall be developed in substantial conformance with the concept plan to allow cross access between the two sites, West Ruritan Road and Trail Drive. 4) The hours of operation shall conclude no later than 11 :30 PM. 5) The top of any light fixture shall not exceed 15 feet in height. 6) Dumpsters shall not be emptied between the hours of 1 0:00PM and 7:00AM. 7) The proposed sign shall be no greater than 18 feet in height from grade. 8) The building design and color scheme shall be in general conformity wíth the photos dated October 25,2005. EXECUTIVE SUMMARY: The petitioner is requesting to construct and operate a Fast-Food Restaurant with a Drive- Thru on the corner of West Ruritan Road and Challenger Avenue. The site is accessible from an existing entrance on West Ruritan Road. In addition "A Cleaner World" dry cleaner is located adjacent to the site on a parcel adjoining the subject property's southwestern border. An existing proffered cross-access easement between the proposed site and the "A Cleaner World" site will allow for smooth traffic flow between the two parcels to Trail Drive or to the new West Ruritan- Route 460 traffic light. The traffic light was installed in September 2005 and was operational as of October 13, 2005. The applicant has proffered that the hours of operation shall commence no earlier than 1 0:00AM each morning thus eliminating the traffic generated 1 LA. - t on West Ruritan Road associated with Fast Food Restaurants during the morning commute. A Fast Food Restaurant with a Drive- Thru is allowed by Special Use Permit in the C2 General Commercial District. The parcel is designated as Transition in accordance to the 2005 Comprehensive Plan. Fast Food Restaurants with a Drive- Thru Window are not traditionally considered compatible with the Transition designation. This particular site could be compatible if the proffers and conditions are accepted. The hours of operation are limited, the applicant will not be serving breakfast, therefore having less traffic congestion than a typical Fast-Food Restaurant. Secondly, no access shall be allowed off of Route 460 thus lessening the traffic impact of customers slowing to make a right-turn into the site. The site will be accessible by West Ruritan Road only and by Trail Drive by-way of a cross access easement through the Cleaner World site. In addition, VDOT's new traffic light will mitigate dangerous left-turns onto West Ruritan by providing drivers with a left-turn arrow to allow safe crossing. The parking lot poles shall be no greater than fifteen feet in height, thus minimizing light refraction onto the adjacent residential neighborhoods. The commercial trash collection service hours are also limited by suggested condition. Limiting the hours of trash collection will eliminate early morning and late night trash pick-up noise and other related impacts on the surrounding neighborhood. Signage is limited by suggested condition due to the Transition Designation and so as to mitigate impacts on the nearby residents. The building design and color scheme is also limited by suggested condition to reflect the building design and color scheme of the Arby's "PM building", which is similar in size, scale, and color scheme to the neighboring "A Cleaner World" dry cleaners. The proposed use is consistent with the Comprehensive Plan designation because of unique hours of operation, signage, building design, color scheme, lighting requirements, suggested trash collection hours, and traffic controls. Although a Fast Food Restaurant with a Drive-Thru window is not usually considered a compatible use with a Transitional Comprehensive Plan designation, the Grant Avenue Development is considered as a compatible use because of its proffers and suggested conditions. By establishing the proffers and conditions onto the property the Fast Food Restaurant will have less of an impact on the surrounding neighborhood, will provide a buffer between the highway corridor and lower- intensity neighborhood use, and provide the area with orderly development along the Route 460 highway corridor. In conclusion the Grant Avenue proposal to construct a Fast Food Restaurant with a Drive-Thru on 3814 Challenger Avenue is consistent with the Comprehensive Plan and with the proffers and recommended conditions, should have minimum impact on the surrounding neighborhood. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance allows a Fast Food Drive-Thru facility to be constructed and operated with a Special Use Permit on a C2 zoned property. In accordance with the Roanoke County Zoning Ordinance screening requirements state that the following buffer must be established between a C2 and R1 zoned properties: The applicant shall choose between two options of Type C screening & buffering yards: 1) 40' buffer containing large and small trees, and one row of evergreen shrubs and a row of deciduous shrubs. 2) 30' buffer containing one large tree for every 30',6' screening, and 4 shrubs for every 10'. In accordance with the Roanoke County Zoning Ordinance lighting regulations state the following requirements for exterior lighting: (A) The following exterior lighting standards shall apply to all uses and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. 2 LA ," 1) All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. (B) All exterior lighting fixtures within residential zoning districts shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The lighting intensity at adjoining residential properties shall not exceed 0.5 foot candles. In accordance to the Roanoke County Zoning Ordinance the following regulation is established for screening dumpsters: Sec. 30-92-6. Applicability of Regulations and Requirements (E) Additional screening requirements. 1) All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground [evel mechanical equipment shall be screened or landscaped. A site plan review shall be required. A sign permit must be obtained prior to building proposed sign. A VDOT commercial entrance permit shall be required. Existinq Proffers: The site currently has the following existing conditions on a strip of land on the southwest area of the property which is zoned C2C. The subject property is split zoned C1 and C2C. The C1 zoning was established in the 1992 zoning ordinance. The property southwest of the subject parcel is 3806 Challenger Avenue and contains "A Cleaner World". This property was rezoned from C1 to C2C in accordance to Ordinance 072898-11 in 1998. A survey was completed after the rezoning and a small portion of the C2C designation was recorded on the C1 parcel, thus creating a spilt zoned site. The conditions are as follows: 1) Use of the property will be limited to: a) Personal Services b) All uses permitted in the C1 zoning district 2) The proposed parking area shown on the preliminary layout will be developed, and cross easements will be established, to allow the future connection of the parking area to the adjacent site designated "New Parcel C-1" on the Preliminary Subdivision Plat prepared for ACW Management Corporation, dated June 16,1998. 3) The architecture, design and materials of the proposed building will substantially conform to the photograph entitled "Exhibit A" submitted for review to the Roanoke County Planning Commission on July 7,1998. 2. ANALYSIS OF EXISTING CONDITIONS Backqround - The subject property is split zoned C1 and C2C. The C1 zoning was established in the 1992 zoning ordinance. The property southwest of the subject parcel is 3806 Challenger Avenue and contains "A Cleaner World." This property was rezoned from C1 to C2C in accordance to Ordinance 072898-11 in 3 ~t· 1998. A survey was completed after the rezoning and a small portion of the C2C designation was recorded on the C1 parcel, thus creating a spilt zoned site. The 1998 rezoning established a cross access easement between the C1 and C2C zoned sites. A driveway exists on the C1 property between West Ruritan Road, the Cleaner World site, and Trail Drive. In addition a new traffic light located at the West Ruritan Road and 460 intersection was built in September of 2005 and was activated October 13, 2005 by VDOT. TODoqraphyNeqetation - There is a small stand of mature trees along the north part of the property between the site and the R1 zoned adjoining residence. The property slopes from north to south toward Challenger Avenue. Surroundinq NeiQhborhood - The adjoining property to the southwest is zoned C2C and contains "A Cleaner World Dry Cleaners." The property to the south is located across Route 460 is zoned C2C and contains the Bank of Botetourt. The property directly across the street, southeast of the property is zoned R1 and contains a single family dwelling. Across West Ruritan east of the site is a R1 zoned property that contains a single family dwelling. The northern portion of the property adjoins another R 1 zoned property that contains a single family home. Drainaqe/Stormwater ManaQement - The south portion of the site contains an existing stormwater management pond which should provide adequate drainage facilities for the proposed site. In addition the northern portion of the property contains an existing drainage easement which is an open ditch defined by a berm area. Community Meetinq - A community meeting was held on October 17,2005 at Harvest Ministries, 4120 Challenger Avenue. Approximately 23 people attended the meeting including David Holladay and Kate Youngbluth from staff, Mark Dunn of Grant Avenue Development, Ed Natt, Esquire Grant Avenue Development's legal representation, and Paul Brown of TPP&S the engineer for the Grant Avenue Development application. The meeting lasted for approximately forty-five minutes. The major concerns of the citizens were based on Route 460-West Ruritan issues, on sign height, and on height of street lights on the property. The Route 460-West Ruritan Road issues regarded timing the traffic light, a right-turning lane at the new traffic light from West Ruritan onto Route 460 East, the length of the left turn lane from Route 460 West onto West Ruritan Road, the traffic and customer counts generated by the proposed site, on-site signs addressing the cross-access easement between "A Cleaner World" and the proposed site, slowing the speed on Route 460, and finally the entrance location to the site-the lack of an entrance off of Route 460 and the sole entrance on West Ruritan Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The applicant's concept plan dated October 25,2005 shows one access from West Ruritan Road with cross access shown through "A Cleaner World" site. The concept plan shows the proposed 2,850 square foot building in the middle of the site with traffic circulation and parking surrounding it. The drive-thru window will be facing Route 460 and traffic flow to the window will round the southwest portion of the property north from the West Ruritan Road entrance. The order-board is located on the southwest portion of the property facing the existing "A Cleaner World" site. There is a large buffer yard and screening fence shown on the northern side of the property between the development and the adjoining R1 site. This portion of the property also contains an existing drainage easement for stormwater run-off. In addition an existing stormwater management pond is located on the south portion of the property between Challenger Avenue and the site. The condition for the proposed sign for the property would be located in the stormwater pond. In accordance with the "Sign Plan" submitted and proffered by Ed Natt, Esquire October 18, 2005 the sign would be a traditional Arby's Hat Sign with a message board underneath. The proposed sign is twenty-five feet high, but closer to eye-level to travelers on Challenger Avenue due to the fact it is located in the stormwater management pond. 4 L,(-, J AccesslTraffic Circulation - The site is accessible by an existing entrance off of West Ruritan Road on the northern portion of the property. A new traffic signal was placed at the intersection of Challenger Avenue and West Ruritan Road in September 2005. The light has been operational since October 13, 2005. In addition a cross-access easement was proffered by the 1998 rezoning on the adjacent "A Cleaner World" site. This easement allows access and traffic circulation to and from West Ruritan Road through the subject property and Cleaner World sites to Trail Drive. Fire & Rescue/Utilities - Fire and Rescue will require two additional Fire Inspections annually. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated Transition in the 2005 Comprehensive Plan. The transition designation future land use area encourages the orderly development of highway frontage parcels. Transition areas generally serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged in transition areas, which are more suitable for office, institutional and small-scale, coordinated retail uses. Although Fast Food Restaurants with a Dríve-Thru Window are not usually considered compatible with the Transition designation this particular restaurant is because of its unique proffers and suggested conditions. The hours of operation and newly signalized intersection between Route 460 and West Ruritan Road allow for more controlled access to and from the site onto both roads. The site is accessible from West Ruritan Road only. On-site traffic circulation is aided by suggested condition to retain an existing cross access easement that links Trail Drive to West Ruritan Road through "A Cleaner World" site. In addition, this cross access easement allows patrons of both sites access to the new traffic light on West Ruritan Road. The suggested conditions regarding light fixture height, commercial trash collection, signage, building design, and hours of operation establish boundaries for the site by controlling the noise, odor, and light emitted by the site to the surrounding neighborhood. The proposed use is consistent with the Comprehensive Plan designation because of unique proffers and suggested conditions that allow for orderly development to occur, lessen the impacts of the site on the surrounding neighborhood, and provide a buffer between the highway corridor and the neighboring residential area. 5. STAFF CONCLUSIONS If the Planning Commission is to recommend approval for this application staff suggests removing the existing conditions on the C2C spilt zoned portion of the property. The applicant has volunteered the following proffers be established for the site: 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 August 30, 2005 revised October 25, 2005. 2) The hours of operation shall commence no earlier than 10:00 AM on each morning. If the Planning Commission is to give a favorable recommendation to the application staff suggests the following condition(s) be established: 1) The subject property, 3814 Challenger Avenue, shall have no direct access to or from Route 460. 2) Up to 10' of right of way shall be dedicated by the developer to VDOT on West Ruritan Road for a right 5 turn lane onto Route 460. 3) The cross access easement shown on "Concept Plan for GRANT AVENUE DEVELOPMENT' under the date of August 30, 2005 revised October 25, 2005 between 3806 Challenger Avenue and the subject property shall be developed in substantial conformance with the concept plan to allow cross access between the two sites, West Ruritan Road and Trail Drive. 4) The hours of operation shall conclude no later than 11 :30 PM. 5) The top of any light fixture shall not exceed 15 feet in height. 6) Dumpsters shall not be emptied between the hours of 10:00PM and 7:00AM. 7) The proposed sign shall be no greater than 18 feet in height from grade. 8) The building design and color scheme shall be in general conformity with the photos dated October 25, 2005. {,~ The conditions above allow the application to be consistent with the 2005 Comprehensive Plan Transition designation. The proffers and suggested conditions mitigate traffic, noise, and lighting impacts, provide a buffer between the highway corridor and residential neighborhood, and provide an opportunity for orderly development along the Route 460 highway corridor. In conclusion the Rezoning and Special Use Application with the aforementioned proffers and suggested conditions would be in substantial conformance with Transition designation of the 2005 Comprehensive Plan. CASE NUMBER: PREPARED BY: HEARING DATES: PZ-0502382 and 20-11/2005 Katherine D. Youngbluth PC: 11/1/05 BOS: 11/15/05 6 ¿,.{. ( County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date received: Received by: Application fee: PClBZA date: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX 776-7]55 Placards issued: BOS date: Check type of application filed (check all that apply) )(Rezoning Special Use U Valiance Applicants name/address w/zip Grant Avenue Development, Inc. CONTACT: Em~rd A. Natt, Esq. 3140 Chaparral Dr., Suite 200-C, Roanoke, VA U Waiver U Administrative Appeal Phone: Work: Cell #: Fax No.: 725-8180 7H-0961 Owner's name/address w/zip Ray and Sa I lie Edwards Real Estate Limited Partnership CONTACT: Edward A. Natt, Esq. 3140 Chaparral Or., Suite 200-C, Roanoke, VA Property Location Phone #: Work: Fax No. #: 725-8180 774-0961 Magisterial District: Holl ins 3814 Challenger Avenue Community Planning area: Ho I I ins Tax Map No.: 050.05-01-19.00 Existing Zoning: C-1 ~ c. - 2. <.. Size ofparcel(s): Acres: 1.38 acres Existing Land Use: Vacant ·:::~!9./;jß!g:t~~€!i!A;·:iiS~·:!=!/iJijf;/r!;~fti~ WAlvEJJ.if1il?JiiåAt¡;r~ ÓusryW'::" . .... :'. ·.::/:::::·i!:t:: . ·:::::::·::::::::/::::i::::::·;:y..·· '. .. ... Proposed Zoning: C-2-C Proposed Land Use: Arby's Fast Food Restaurant w/drive-thru window ~ the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. oes the parcel meet the miIÚmum criteria for the requested Use Type?@ No IF NO,A VARIANCE IS REQUIRED FIRST If rezoning request, are conåitions being proffered with tÌÚs request? Yes No Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check ifencIosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlS/W V/AA RJS/W V/AA RJS/W V/AA 00 Consultation êii 8 1/2" x 11" concept plan ~ Application fee X Application , Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners ¡ htt,hy œrtify that ¡ = ,ithtt tho oWn~ 0' th, prop'''' "' "'~' ooo""nt p"","'" ""d = ",in. wi"' "" knowI,dg' "'" ="nt o'""ow"". PAY ~IE~. ÄTE LIMITED PARTNERSHIP BY:)1< J1!¡fIV/!6'E~ Owner's Signature CRANT t}Z~~ IN.:. BY : I? ~:{/-' r _ --- V'P , APPL I CANT Ii ..I Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA TION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC 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: ApriJ ] 9,2005 6mrAumlt ~£.Mmt ~fWf ~,J7j;;- - vP Petitioner's Signature JDþto ~ Date t J ^' I. \,iíé\ . 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 Permit 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 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 Speciai Use Permit will have no negative impact on the public services and facilities within the area. F:\USER S\CBaumgardner\ZONING\Gra nt A ve-SP U-R EZ Challenger\JUSTIFICA TION-SPU ,doc ct l ADJOINING PROPERTY OWNER LISTING Tax Map No.: 050.05-01-19.00 3814 Challenger Avenue Applicant: : Grant Avenue Development, Inc. Owner: Ray and Sallie Edwards Real Estate Limíted 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 Maílinq Address 050.01-01-02.04 3801 Challenger Avenue Bank of Botetourt clo Meade Stull 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 Challenger 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 Mockingbird Hill Roanoke, VA 24012 F:\USERS\CBaumgardner\ZONING\Grant Ave-SPU-REZ ChallengerlAPO.doc August 31, 2005 Page 1 of 2 COUNTY OF ROANOKE Official Tax Number I Property Address Owner's Name and Mailinq Address 050.05-01-20.00 3806 Challenger Avenue A Cleaner World RWE Properties LLC 2334 English Road High Point, NC 27262 F:\USERS\CBaumgardnerIZONING\Grant Ave-SPU-REZ Challenger\APO.doc August 31, 2005 Page 2 of 2 .,{ i , , ,i ,. "'1'.\ 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 tèet 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 of the 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' O?'~ West 50 feet to a point; thence S. 36° 14' 52" West 4 feet to a point; thence N. 53° 45' Ó8" 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:\USER S\CBaumgardnerlZON ING\Grant A ve-SPU-REZ Challenger\LEGA L.dDC 8-14/ ..... '. RrELiloD . .'. Roþ,.:1) E u::----J B~fijvI . ¡~LeVit77",J :=.......................................................................................:.:.:............. . 5 LINES' . OF·· . 8 INCH'. '(' . CHAN'GE COp'y ,~:...:...~.~!TERS ;. . .J~;. .................. ... ~ ----.,:! BellM , . l31-~/ . . ffr £fIIDS .,' .. . ':.. .... .::: . . CrWS$ St:a!DW V/E1ÍJ . Fp.orvl . RTr.LJ bD ~ ~!I Signage Program' .J.- ¡ . . 4' ~ . ......·~i:;c;,ï~péskinSíg~a~fu~å·~~~r::~: ~-;>:>~f ~'~~ ~.,.-: ._~: : :r~~~.~~~~~~~~:sim~ñ ~aã~~t~~~g~~~ri;~.h!~~~!t~·r~!~~)~~:J~~~~ ~!~ .. . ~ B I ~ä~ I ~ & ISi II ~ 1&1 ~ \j ~oO ~ffi" ~ _ g¡ g I!.~ ì5~~ i5 51 9 8 !Hi ..~!j oJ ,,1! B 1&8" =!"'~ ~ I 2, ~ Si!~ i;~ ft i! IE ~ ~U a:; ! Ii ii! 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Pr- ..' ~ . ., ~ \ ~"" ......... ~ <1) 6 0.. 0 ....-< <1) >- <1) ~ » .µ ..- ~ ;:j 6 S 0 U 4-< 0 ......... ~ <1) /: r-< ~ ......... :-. ro .' 0.. <1) ~ > Zoning _AG3 _Ef> _AG1 "" AR ~ _AV C1 .C2 _ C2CVOO 11 12 _ PCD / PRO _PTO R1 R2 R3 " R4 - Street Cenlerlines - Applicants Name: Grant Avenue Development, Inc. Existing Zoning: C 1 Proposed Zoning: C2C Tax Map Number: 50.05-1-19 Magisterial District: Hollins Area: 1.38 Acres Seplember 27, 2005 1 inch equals 200 feet Roanoke County Department of Community Development Ll-8 PETITIONER: CASE NUMBER: Seaside Heights, LLC (Bojangles) 32-12/2004 (Rezoning) & 33-12/2004 (SUP) Planning Commission Hearing Date: August 16, 2005 (Rescheduled from August 2,2005; Continued from December 7,2004) Board of Supervisors Hearing Date: November 15, 2005 (Continued from December 21, 2004) A. REQUEST The petition of Seaside Heights, LLC, to rezone .98 acres from C1, Office District to C-2, General Commercial District and to obtain a Special Use Permit on 2.22 acres for the operation of a fast food restaurant and drive-thru located at the intersections of Brambleton Avenue, Colonial Avenue and Merriman Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS Eight citizens spoke. John Thompson, 5224 Springlawn Avenue, voiced concerns about the driveway access from Merriman Road, and suggested not using that driveway. Cindy Webster, 4714 Colonial Avenue, stated that proffer #4 does not help Colonial Avenue traffic, and suggested the petitioners explore some type of frontage road access along Brambleton Avenue from the traffic signal at Pleasant Hill Drive. Steven Wade Sutherland, 4810 Colonial Avenue, commented on statistical discrepancies in the traffic impact study. Margaret Jones, 5202 Merriman Road, asked that neither the rezoning or special use permit be approved. Kevin Clifford, 5103 Spring lawn Avenue, voiced concerns about existing traffic using Springlawn Avenue as a cut-through from Brambleton Ave to Colonial Ave. Charlie Parker, 4956 Merriman Road, commented that the proposed driveway access plan won't work, and that cut-through traffic on Springlawn Avenue was already a problem. Gloria Christen, 5123 Springlawn Avenue, voiced concerns about speeding and cut-through traffic on Spring lawn Avenue, and asked the County to please solve the existing traffic situation first before approving this use. Ray Jamison, 3621 Colonial Avenue, stated the need to slow traffic on Merriman Road, and that the idea of a frontage road access to the project from Brambleton Avenue was the only way for it to work. C. SUMMARY OF COMMISSION DISCUSSION Mr. Holladay presented the staff report. Maryellen Goodlatte, counsel for the petitioner, followed with additional presentation. Mr. McNeil asked Mr. Ford if any improvements to the Brambleton Ave and Colonial Ave intersections were on the VDOT six-year plan. Mr. Azar asked Mr. Ford for clarification of some information in the traffic study, and about some broader issues of traffic flow in the vicinity. Mr. Ford responded that no improvements to the intersection were on the six-year plan, reviewed the traffic study information, and discussed potential ideas for better coordinating traffic flow in the vicinity. Mr. Azar and Mr. McNeil asked the 1 ()-2- petitioner how they anticipated achieving proffer #4 to prohibit right turns onto Merriman Road. The petitioner presented several possible engineering solutions to restrict turning movements. Mr. McNeil and staff discussed challenges and methods of enforcing proffer #4. Mr. Azar voiced concerns about the project's impacts to "level of service" at nearby intersections, and suggested eliminating the Merriman Road driveway. Mr. Jarrell voiced concerns about proffer #4 functioning, and with potential cut-through traffic on the site. Mr. Thomason stated he was not convinced the access would work. When making a motion to recommend denial of the petitions, Mr. McNeil cited traffic on Colonial Avenue, problems with the Merriman Road driveway access and cut-through traffic. D. CONDITIONS 1. The development of the property shall substantially conform with the site plan entitled "Site Layout and Grading Plan for RoBo, LLC., dated July 12, 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during comprehensive site plan review. 2. The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. 3. All buildings exterior walls shall be brick from grade to eave. 4. The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5. Signage placed on the building(s) shall occupy less than 5% of the building façade area. 6. Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. 7. The top of any light fixture shall not exceed 15 feet. 8. The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9. Dumpsters shall not be emptied between the hours of 10:00 pm and 7:00 am. 10. Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flowers, shrubs, ground cover or trees. 2 (). - 1- E. COMMISSION ACTION(S) Mr. McNeil made a motion to recommend denial of the rezoning, followed by a motion to recommend denial of the special use permit. Both motions carried 5-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 3 Petitioner: STAFF REPORT Seaside Heights, LLC ()-L. Request: Rezone .98 acres from Cl to C2C, and Special Use Permit on 2.22 acres for a fast food/drive through restaurant Location: Intersection of Brambleton Avenue and Colonial Avenue Magisterial District: Cave Spring ProfferedlSuggested Conditions: 1. The development of the property shall substantially conform with the site plan entitled "Site Layout and Grading Plan for RoBo, LLC., dated July 12, 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during comprehensive site plan review. 2. The exterior ofthe fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. 3. All buildings exterior walls shall be brick from grade to eave. 4, The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5. Signage placed on the building(s) shall occupy less than 5% of the building façade area. 6. Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. 7. The top of any light fixture shall not exceed 15 feet. 8. The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9. Dumpsters shall not be emptied between the hours of 10:00 pm and 7:00 am. 10. Portions of the front yards along Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flowers, shrubs, ground cover or trees. EXECUTIVE SUMMARY: Seaside Heights, LLC proposes to rezone .98 acres from C 1, Office District to C2C, General Commercial District with Conditions and obtain a Special Use Pennit on 2.2 acres in order to construct a Bojangle's Restaurant. The property is located at the intersections of Bramble ton 1 It - 2--- Avenue, Colonial Avenue and Merriman Road and is zoned C I and C2. The petitioner also plans a 6,500 square foot retail building designed to house four tenants. The site is designated Core in the 2005 Roanoke County Community Plan, as well as the Colonial Avenue Corridor Study. Areas designated Core are where high intensity urban development is encouraged. Core areas may also be appropriate for larger-scale highway-oriented retail uses. The proposed development confonns with the policies and guidelines of the Community Plan. The property lies within the Colonial A venue Corridor as defined in the 1999- 2000 Colonial A venue Corridor Study. The study focused primarily on the residential areas along Colonial A venue, and issues relating to conversion of residential land to commercial uses. Rather than conversion of single family homes to commercial use, this petition is for a redevelopment of two commercial properties and vacant commercial land. The study also addressed the street connections with Electric Road and Brambleton A venue, recognizing the existing and future commercial land use ofthese intersections. The site lies along the entrance to the Colonial A venue corridor, and the petitioner has proffered conditions addressing issues such as the building exterior appearance, access from Brambleton A venue and Merriman Road, lighting, signage, dumpster location and service hours, and general confonnance with the site plan. The site lies at a busy intersection of Brambleton A venue, Colonial A venue and Merriman Road. Any development of the property will have challenges with respect to vehicle access. The Virginia Department of Transportation (VDOT) proposes to limit the access driveway on Brambleton Avenue to rights in and out only. And the petitioner has proffered restricting right turns exiting onto Merriman Road. These measures would not solve the traffic volume concerns, but would aid in avoiding potential traffic conflicts on Brambleton A venue and cut-through traffic onto Merriman Road. 1. APPLICABLE REGULATIONS Fast Food / Drive-In Restaurants are allowed by special use pennit in the C2 zoning district. Site development review by Roanoke County staff is required. Virginia Department of Transportation (VDOT) approval is required for new driveway entrances. 2. ANALYSIS OF EXISTING CONDITIONS Background - The properties owned by Seaside Heights consist of four parcels fronting on Brambleton Avenue, Colonial Avenue and Merriman Road. The northern parcel was originally VDOT right of way for Colonial Avenue. When the Brambleton Avenue/Colonial Avenue intersection was reconstructed, a wide right of way remained on the south side of Colonial Avenue. The Commonwealth of Virginia sold this right-of-way property to Seaside Heights in 2003, with a deed restriction prohibiting driveway access from Colonial Avenue. The parcel fronting on Merriman Road was subdivided and purchased from the Lion's Club. Lester's Garage was located on one of the Brambleton A venue parcels. TopographyNegetation - The property was graded to the current topography in 2003. The soil was stabilized with grass seed. A sediment trap remains from the grading operation. A steep slope rises on the south side of the property toward the Lion's Club. 2 Surrounding Neighborhood - Property to the north, across Colonial Avenue is zoned C2 Conditional, and contains a Kroger and CVS. Property to the east is zoned C2, and contains the Verizon office. The Lion's Club property adjoins to the south and is zoned C 1. Other property to the south which fronts on Brambleton Avenue is zoned C2 and contains retail shops and a cleaners. Across Brambleton Avenue to the west is the Brambleton Commons office and retail center, on property zoned C2. A vacant 4.3 acre tract lies to the northwest, across Brambleton Avenue, and is zoned R3 Conditional. The Commonwealth of Virginia owns several properties along Old Cave Spring Road, that are zoned C2 and 11, and contain a street maintenance storage area. A vacant C2-zoned tract lies to the north, across the signalized intersection. LA -..1- 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout! Architecture - The concept plan shows the proposed Bojangles restaurant located at the northern end of the site. A drive through service lane begins on the south side of the proposed building and circles counter-clockwise around the restaurant. The service lane ends with a pick- up window on the north side of the building. A second "bypass" lane is located outside the drive- through lane. The zoning ordinance requires the vehicle stacking spaces and drive through lanes to be separated from the interior parking areas, and designed so as not to create a potentially unsafe condition where crossed by pedestrian access to the building. Six 20-foot-Iong stacking spaces, measured from the order board, are required. The drive through lane is separated from the interior parking, but the main pedestrian access crosses the drive through lane, per the concept plan. The order board would need to be shifted to the north in order to separate the required 6 stacking spaces from the pedestrian access. On the south side of the site, the petitioner plans a 6,500 square foot retail building designed to house four tenants. Parking spaces for the Boangles and retail shops are located between the two buildings and also to the west of the retail shops. Sixty parking spaces are shown on the concept plan. The retail building would require 33 parking spaces, and the remaining 27 spaces would be available for Bojangles. With 90 seats, and a staff of lO employees on a major shift, the Bojangles restaurant would require 27 parking spaces, as well as 6 stacking spaces in the drive through lane. On the concept plan, a dumpster is shown adjacent to the east side of the retail building. Access/Traffic Circulation - Two driveway entrances are shown on the concept plan. One entrance connects from Brambleton A venue to the southwestern comer of the site. This entrance is located as far as possible from the signalized intersection of Brambleton Avenue and Colonial Avenue, and beyond the start of the right turn lane for eastbound Colonial Avenue. VDOT has indicated to the developer that the turning movements for this entrance would be restricted to right turns in and out only. This entrance design will be required in order to eliminate crossover traffic interfering with the left turn lane on Brambleton Ave onto Old Cave Spring Road. A second entrance would connect from Merriman Road at the existing driveway to the Lion's Club. This entrance would be rebuilt to current VDOT standards, and the Lion's Club entrance would connect to the new site entrance, and not directly to Merriman Road. The petitioner has proffered to design the Merriman Road driveway to prohibit right turns out, thus forcing exiting traffic to Colonial A venue. No entrance is proposed from Colonial A venue, and deed restrictions on the land prohibit driveway access from Colonial Avenue. 3 U-L 2003 VDOT traffic counts in the vicinity are as follows: Brambleton Avenue: 23,000 vehicles per day Colonial Avenue: 7,800 vehicles per day Merriman Road: 880 vehicles per day VDOT staff required a traffic impact analysis of proposed use in relation to the adjacent streets. Consultants for the petitioner studied the proposed site development, traffic counts in the vicinity, intersection functions and vehicle turning movements on the streets as well as in and out of the proposed development. The executive summary of the traffic study is attached for your reference. Additional data from the study is available for your review in the Department of Community Development. The consultants found that the existing conditions at the nearby intersections show vehicle delays of 30 - 76 seconds. Projected conditions without any development on the property show increased background traffic, and associated increases in vehicle delays. With the proposed development, the greatest increase in traffic delays would be felt at the Colonial Avenue and Merriman Road intersections. At that intersection, morning peak traffic delays would increase by 5 1 seconds, and evening peak delay would increase by 71 seconds. Resulting level of service "F" is projected at both the Colonial Avenue and Merriman Road intersection and the Brambleton A venue and Colonial A venue intersection. Please see attached "Summary Table 2" on page 2 of the Traffic Impact Study. The table shows existing and projected traffic delays at nearby intersections during the PM peak traffic, and resulting effects on the level of service. Mr. Ford, Roanoke County Traffic Engineer, has commented on the Traffic Impact Study, and is awaiting a response from the consultants. He will also be available at the Planning Commission Public Hearing to review the traffic study and answer questions from the Commission. Community Meeting - The petitioners held a community meeting on November 29, 2004, at the Brambleton Center. Approximately 25 people attended the meeting. Attendance was a mix of nearby residents, interested business persons, the petitioner and their legal counsel and engineers, and county staff. Questions and discussion involved the proposed site plan, other commercial land uses on the site, building appearance and signage. Access to the development and traffic impacts were also discussed. Some residents voiced concerns about traffic impacts and access from Merriman Road. Some offered suggestions about building exterior design, monument signs, light fixture height, and dumpster service times. On July 19,2005, a second community meeting was held at the Roanoke County Administration Center. Approximately 15 residents attended the meeting. The petitioners presented a slightly revised site plan and pictures of the prototype building they wish to construct. Other design issues such as lighting, signage and landscaping were discussed. Traffic impacts from the development, as well as existing traffic concerns in the vicinity were a focus of discussion. Colonial Avenue Corridor - The property lies within the Colonial A venue Corridor as defined in the 1999- 2000 Colonial Avenue Corridor Study. The study focused primarily on the residential areas along Colonial Avenue, and issues relating to conversion of residential land to commercial uses. The study also addressed the street connections with Electric Road and Brambleton Avenue, recognizing the existing and future commercial land use of these intersections. 4 I) -.2-. The site is designated Core in the 1998 Roanoke County Community Plan, as well as the Colonial Avenue study. Both the Community Plan and the Colonial Avenue study recognize the properties at the intersection of Brambleton Avenue and Colonial Avenue as important commercial locations where general commercial land use is anticipated and encouraged. Rather than conversion of single family homes to commercial use, this petition is for a redevelopment of two commercial properties and vacant commercial land. The site lies along the entrance to the Colonial A venue corridor, and the planning staff and petitioner have discussed conditions addressing issues such as the building exterior appearance, access from Brambleton A venue and Merriman Road, lighting, signage, dumpster location and service hours, and general confonnance with the site plan. Fire & RescuelUtilities - Fire and Rescue services will continue as currently provided from the Cave Spring stations. Public water is available from a 10" water line in Brambleton Avenue and Colonial Avenue. Sanitary sewer service is available through an 8" sewer line in Merriman Road and Brambleton Avenue. An 8" sewer line crosses the site and would be relocated as necessary during the site development. Stonnwater would be managed with an underground system. In addition, a drainage pipe would be extended approximately 240' to convey a small water course along the western boundary. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated Core in the 2005 Roanoke County Community Plan, as well as the Colonial Avenue Corridor Study. Areas designated Core are where high intensity urban development is encouraged. Core areas may also be appropriate for larger-scale highway-oriented retail uses. The proposed development confonns with the policies and guidelines of the Community Plan. 5. STAFF CONCLUSIONS The site is designated Core in the 2005 Roanoke County Community Plan, as well as the Colonial Avenue Corridor Study. Areas designated Core are where high intensity urban development is encouraged. Core areas may also be appropriate for larger-scale highway-oriented retail uses. The proposed development confonns with the policies and guidelines of the Community Plan. The property lies within the Colonial Avenue Corridor as defined in the 1999- 2000 Colonial Avenue Corridor Study. The study focused primarily on the residential areas along Colonial Avenue, and issues relating to conversion of residential land to commercial uses. Rather than conversion of single family homes to commercial use, this petition is for a redevelopment of two commercial properties and vacant commercial land. The study also addressed the street connections with Electric Road and Brambleton Avenue, recognizing the existing and future commercial land use of these intersections. The site lies along the entrance to the Colonial Avenue corridor, and the petitioner has proffered conditions addressing issues such as the 5 building exterior appearance, access from Brambleton A venue and Merriman Road, lighting, U - 1- signage, dumpster location and service hours, and general conformance with the site plan. The site lies at a busy intersection of Bramble ton Avenue, Colonial Avenue and Merriman Road. Any development of the property will have challenges with respect to vehicle access. The Virginia Department of Transportation (VDOT) proposes to limit the access driveway on Brambleton Avenue to rights in and out only. And the petitioner has proffered restricting right turns exiting onto Merriman Road. These measures would not solve the traffic volume concerns, but would aid in avoiding potential traffic conflicts on Brambleton A venue and cut-through traffic onto Merriman Road. CASE NUMBER: PREPARED BY: HEARING DATES: 32-12/2004 and 33-12/2004 David Holladay PC: 7/5105 BOS: 7/26/05 6 /)-2- County of Roanoke Community Developmént Planning & Zoning For Staff Use Only 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 P]acards issued: Case Numb::r .~."*'.. ; , '-::0. - . ". ...... ,",. . ," ,'.' . . ';~¡¡jf/!i-iPp'ticMTS :;:::d':_~-~_;',:, ;.'-"':..:.... ;,."::.:ï·'.:.:~ "'. .:~ ~ Check type of application filed (check all that apply) XJ Rezoning 0 Special Use 0 Variance I Applicants name/address W ZIp Seaside Heights, LUC ~JCP7 [d,JBM- A N~ I l, 3 . o Waiver o Administrative Appeal P-00v ( t..-'- C I ,:>-r~. S- 9 ¡, D c.., i e. ""-4'"'- í¿J E ~C"""""ICc- v:A ;¿t-/D('i? sq. ) 5 't! 0 ~,- '/,-- Phone: Work: Cell #: Fax No.: :)57-£'1£10/ §4Ð 125-8180 Owner's name/address w/zi 1 { :L] &re<- ~ -ñ-.. -c:r ¡~J Seaside Heights, LUC G-c(..(:rI.. e-;--j b"''l f11 Ò CINTJ\CT: £dwärd A. tlatt, Esq. ~o 8'7 '( 3 ~-C, lt6ðflOKe, vA :lQO 1 8 Property Location Intersection of Brambleton Avenue, CD I on i a I Avenue and Merr iman Road 5..!1D-77 'I -09G 1 Phone #: 5""57 - b ( 9/ Work: 540 725-81--80 Fax No. #:~6-.' ì'l \)961 Magisterial District: Cave Spr i ng Community Planning area: Cave Spring Tax Ma.p No' 086 08-03-36 01 and l- í,. 7 portron öf 08~.08-03-3Š.01 (, J....CJ¡ð') ExLstingZoning: C-1 Size of parcel(s): Acres: --1=;:::3& Existing Land Use: Vacant ii~~~i~~ßP¥ÇI# f!$ß fß!f!1tt1fJl]::TjNlf!~J{!Æ1fritç~~(ft!.SIJt1_ _,:: ,....,.. . . ..... - "".". -.'. ._....~.._. ."'--, -- ..... Proposed Zoning: C- 2 Proposed Land Use: fast food restaurant w/drive-thru& 6600 sq ft reta i I space D s the parcel meet the minimum lot area, width, aDd frontage requirements of the requested district? Yes . No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? ~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are condWons being proffered with this request? Yes ® '2i~q~..:}ÿm~~'NØ'@Mml£r~!~~~~·i£~~i[~~~~¥m¿~1,::~.·:,·~,_;_,.,:,:·~~._-.-:~.-_,-_·.....c_._. "->. ....., ,.,.-,.., -- ....-. .,~~,,_:_.,.;.."".' -:.,.:.¡..~..,' VariancelWaiver of Section(s) of the Roanoke C01IDty Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RJsrw V/AA RiSIW VIM RJSfW V/M m Consultation Bi 8 1/2" x 11" concept plan ~ Appl..ication fee Application Metes and bounds description Proffers, if applicable Justifica.tion Water and sewer application Adjoining property o\>l11ers I hereby certify that I am ejther the owner..Qf the wn~r:sÂgent or contract purchaser and am acting with the knowledge and' consent of the owner. SEAS , LlL Owner's Signature U -2- JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant SEASIDE HEIGHTS, LlC 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 welfar~. 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 purpose of the C-2 District is to provide for a variety of commercial and service-related activities within the urban service area serving the community of several neighhorhoods or large areas of the County. These commercial districts are generally found along maj.t - .'. i II thoroughfares which serve large segments of the County population. The use as a mixed retail amJ res~aurant meets these criterions and those uses are specifically permitted within the County's Zoning Ordinance and within the County Comprehensive Plan. Retail uses are specifically allowed by right and the restaurant, drive-in and fast food is allowed with a Special Use Permit. A significant portion of the subject property is already zoned C-2 and, thus, the rezoning effort is a small extension of the existing Zoning District. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The subject property is designated as "transition" within the County's land Use Plan. The "transition" category recognizes that certain roadways have the potential of becoming primary corridors where strip development pressures exist. Certainly this is true with the subject property with the adjoining uses on Brambleton Avenue. The guidelines for "transition" promote planned development nodes and major road junctions in redevelopment of existing strip developments. The former uses on the subject property have been eliminated and, with the appropriate grading plan, the proposed use as retail and restaurant, fast food with a drive-thru, subject to a Special Use Permit, are appropriate in this area. All of the adjoining properties along Brambleton are similar retail uses. Thus, the proposed use meets the objective of the "transition district" which is to provide for development along designé:,. 'oad corridors in the County. 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 proposed development will have no negative impact upon public services and facilities. The property is already zoned Commercial, a portion being C-1 and a portion being C-2. The rezoning from C-1 to C-2 will allow for the appropriate development of a significant portion of the property with one owner, thereby assuring limited access and a well-designed and coordinated plan of development. F:\USERS\CBaumgardner\ZONING\Seaside Heights JUSTIFICA TION.doc Íl-2- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 15, 2005 ORDINANCE TO REZONE .98 ACRES FROM C1, OFFICE DISTRICT, TO C2, GENERAL COMMERCIAL DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT ON 2.22 ACRES FOR THE OPERATION OF A FAST FOOD RESTAURANT AND DRIVE-THRU LOCATED AT THE INTERSECTIONS OF BRAMBLETON AVENUE, COLONIAL AVENUE, AND MERRIMAN ROAD IN THE CAVE SPRING MAGISTERIAL DISTRICT UPON THE PETITION OF SEASIDE HEIGHTS LLC (BOJANGLES) WHEREAS, the first reading of this ordinance was held on December 21,2004, and the second reading and public hearing were held and continued to November 15, 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 .98 acres, as described herein, and located at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road (Part of Tax Map No. 86.08-3-35.1 and all of 86.08-3-36.1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of C 1, Office District, to the zoning classification of C2, General Commercial District. 2. That this action is taken upon the application of Seaside Heights, LLC. 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 development of the property shall substantially conform with the 1 ú-L. site plan entitled "Site Layout and Grading Plan for RoBo, LLC," dated July 28,2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during its comprehensive site plan review. (2) The exterior of the fast food restaurant to be constructed on the Property shall substantially conform to the photographs attached as Exhibit B. (3) All building exterior walls shall be brick from grade to eave. (4) The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. (5) Signage placed on the building(s) shall occupy less than 5% of the building façade area. (6) Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings. (7) The top of any light fixture shall not exceed 15 feet. (8) The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. (9) Dumpsters shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m. (10) Portions of the front yards along the Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flower, shrubs, ground cover or trees. 2 l)"· ¡,., 4. That said real estate is more fully described as follows: Part of Tax MaD No. 86.08-3-35.1 - .298 acres Being as shown on Sheet 1 of 1 of the plat entitled "Preliminary Record Plat Showing Right-of-Way Vacation at the intersection of Colonial Avenue (Rt. 687) and Brambleton Avenue (Rt. 221), prepared for Seaside Heights, LLC situated in the Cave Spring Magisterial District, Roanoke County, Virginia" dated June 11, 2002, prepared by Lumsden Associates, P.C., with the point of beginning lying at the corner formed by the intersection of the east right-of-way line of Route 221 (Brambleton Avenue) and the south right-of-way line of Route 687 (Colonial Avenue); thence, along the following courses: along a curve to the left, having a radius of 591.25 feet, an arc length of 158.11 feet, a chord bearing of S. 620 53' 02" E. and a chord length of 157.64 feet; thence, S. 14039' 39" E. 26.04 feet; thence, S. 040 01' 45" W. 40.69 feet; thence, along a curve to the right, having a radius of 1457.39 feet, an arc length of 164.90 feet, a chord bearing of S. 85040' 16" W. and a chord length of 164.82 feet; thence, S. 890 02' 06" W. 96.26 feet; thence, N. 310 56' 45" E. 159.67 feet; thence, N. 630 11' 03" E. 35.93 feet to the point of beginning and containing 0.58 acre, more or less. All of Tax MaD No. 86.08-3-36.1 - .68 acres Beginning at an old iron pin at the southwest intersection of Colonial Avenue and Merriman Road; thence, with the west side of Merriman Road S. 40 49' 00" W. 104.63 feet to a railroad spike; thence, with a curve to the right that has an arc distance of 126.81 feet, a radius of 681.20 feet, and a chord bearing and distance of S. 10008' 58" W. 126.62 feet to an iron pin set on the west side of Merriman Road; thence, leaving said road and with a new line N. 700 58' 35" W. 147.56 feet to an iron pin set on the outside boundary of the Lions Club of Cave Spring District, Inc. property; thence with the same N. 24043' 16" E. 6.53 feet to an old pipe; thence, N. 24054' 13" E. 120.91 feet to an old iron pin; thence, S. 7r 35' 26" W. 66.70 feet to an old iron pin; thence, N. 30 51' 34" W. 69.40 feet to an old iron pin on the south side of Colonial Avenue; thence, with the same N. 89042' 26" E. 22.26 feet to an iron pin; thence with a curve to the left that has an arc distance of 164.91 feet, a radius of 1,457 feet, and a chord bearing and distance of N. 860 27' 31" E. 164.82 feet to the point of beginning, containing 0.689 acres and being known as Lot 1, Plat of Subdivision made for Lions Club of Cave Spring District, Inc. by David A. Bess, L.S., dated February 16, 2001, and recorded in Plat Book 24 at page 63 in the Roanoke County Circuit Court Clerk's Office. 5. That the Board finds that the granting of a special use permit to Seaside Heights, LLC to operate a fast food restaurant and drive-thru to be located on 2.22 acres (Tax Map Nos. 86.08-3-34, 35, 35.1, and 36.1) at the intersections of Brambleton Avenue, Colonial Avenue, and Merriman Road in the Cave Spring Magisterial District is substantially 3 C.(~··l 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. 6. 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. 4 u..-2- VIRGINIA: BEFORE THE ROANOKE COUNTY BOARD OF SUPERVISORS SEASIDE HEIGHTS, LLC ) ) ) ) ) ) ) VOLUNTARY PROFFER OF CONDITIONS INRE: REZONING OF TAX MAP NUMBERS: 086.08-03-36.01 (.68 acres) and 086.08-03-35.01 (.298 acres) Applicant, Seaside Heights, LLC, hereby proffers that the above-referenced property, if rezoned to C-2, commercial, will be developed as follows: 1. The development of the property shall substantially confonn with the site plan entitled "Site Layout and Grading Plan for RoBo, LLC," dated July 28 2005, attached as Exhibit A, with driveway access only from Brambleton Avenue and Merriman Road, subject to those changes required by Roanoke County during its comprehensive site plan review. 2. The exterior of the fast food restaurant to be constructed on the Property shall substantially confonn to the photographs attached as Exhibit B. 3. All building exterior walls shall be brick from grade to eave. 4. The Merriman Road driveway shall be designed to prohibit right turns onto Merriman Road. 5. Signage placed on the building(s) shall occupy less than 5% of the building façade area. 6. Any freestanding sign shall be a monument style not to exceed 5 feet in height or 7 feet in width, and shall have brick construction to match the buildings 7. The top of any light fixture shall not exceed 15 feet. 8. The sides and rear of the dumpster enclosure shall be brick construction to match the buildings. 9. Dumpsters shall not be emptied between the hours of 10:00 p.m. and 7:00 a.m. l.À - ¿.... 10. Portions of the front yards along the Colonial Avenue and Merriman Road rights-of-way designated on the concept plan for landscaping shall remain as open green spaces, and landscaped with any combination of flowers, shrubs, ground cover or trees. Respectfully submitted, By: 2 '--I ~I \j~ ~ '~ ~).~ i:~ ~ r Ii : I I I I I i I I ì I I" I -, ~i ~ ~ C:, ~~ h ~~ ~ ~ ~¡;, ~li '-, ~ ð Q~ ~ 2i ~_ ~ ~ f~1 / .I ii --r-----. II ' I I ! ! ...f i ! r( ! / " ¡ ! í f I I I' \ \ (.) -./ -./ è CQ o Q:: Yo t < L_ ...,.""""-.~ ---- --==-'-o~ II ;/ / II i I I II! j I I I I /1 f I .'.".' f J~...". I···...·· .r> '.' if¡ "" L..¡i' I' . , ~ 'ª ¡ il,:t'l I - '_-:'J ~ I /^ ,.-:---...._ .... ··f ~_. LJ-j tic, ~~'T: - ---- -- "- - f' i i ¡ i I ~G~~ \ \~tiL ~:~~J .-""~/ I /'\-'1 \ \ II \ \ \ \( ~ -------- r- I . »-=,.-- ~ -----~......'" -~~..:. ---------- __..__ _ _ J ~~ ~: -. c ¿. 1!1!1: i ... .., ::r <l; l\-~ f~'/. ~ I L/ t- b> , 1'-) ~;~-rRuì~ >- _._-~ . -~~ _._--~- _ __..,.--J-:-~~. :...~- / - ~ ~ ~ ~ ~ "-..; ""- (------- <, , I \. '. ~ ~ 1) m Colofli'll Av F' .;-.,'/ Zoning _AG:J _EP _AG1 AA _All C1 .C2 _ C2CVOD 11 0. 12 .PCD ~ PRD Ii I!BPTD R1 R2 R3 R4 Roanoke County Department of Community Development N Â Applicants Name: Seaside Heights, LLC Existing Zoning: C-1 Proposed Zoning: C-2S Tax Map Number: 86.08-3-36.1 Portion of 86.08-3-35.1 Magisterial District: Cave Spring Area: 0.98 acres October 25,2004 No Scale (). .l... County of Roanoke Community Development Planning & Zoning For Staff Use Only 5204 Bernard Drive POBox 29800 Roanoke , VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: ¿). DO Placards issued: BOS date: Case Number :> '1 - L....... Dif Check type of application filed (check all that apply) o Rezoning iXSpecial Use 0 Variance l.J Waiver R"E LLL- S1-~ /!!?¡ jh..OVÎ L a Applicants name/addr wïzip 51 b ~ CÀJ I (~ Phone: f 3 7 - c;71 1'"1 SEASIDE HEIOiTS, LLC 1<--o?MA.o~~J ::v..(~{? Work: SI¡A 711\ RtRO CX)\ITACT: ¡:; 1w-1 rd A. 14'1011 t, ~~. ( Cell #: 31&1:9 0,511'&1".1 D,., i~il~ 299 C, R~~"ðl(c, ." 1ItQ1AxNo.: ,'111 '7Q "9é1 owner'sname/addressw/~ 9/23 &û-,-ft..--'!.< 12-d Phone#: S]7-b/?'7" SEASIDE HEIOiTS LLC G-a../(L.. eo/:J ""07 ¡1/1. Ò Work: 5411-]2; 1+s0 , I CX)\ITACT: Edii8ld 4.. natt, J::,,-CJ ~0!17 '7 FaxNo.#: ~A 7j'I 0§6.. 3 SuUe-lW C ROa"ú~t!, \'Þ. 1"19 W Property Location o Colonial Avenue 4510 Brambleton Avenue C Administrative Appeal Magisterial District: Cave Spr i ng Community Planning area: Cave Spr i ng Existing Zoning: C- 2 Proposed Zoning: C-2 Proposed Land Use: fast food restaurant w/dr ive-thru Does t~rcel meet the minimum lot area, width, and frontage requirements of the requested district? Yesý' No 0 IF NO, A VARIANCE IS REQUIRED FIRST. ./ Does the parcel meet the minimum criteria for the requested Use Type? Yes, No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No 0 Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RIS/W V/AA RIS/W V/AA RIS/W V/AA m Consultation ê:=:i 8 1/2" x 11" concept plan ~ Application fee Application X Metes and bounds description Proffers, if applicable Justification Water and sewer application X Adjoining property owners I hereby certify that I am either the owner of the pr e r th owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. SEAS I BY. Owner's Signature 2 I). ._ Jø. l. JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant SEASIDE HEIGHTS, LLC 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 purpose of the C-2 District is to provide for a variety of commercial and service-related activities within the urban service area serving the community of several neighborhoods or large areas of the County. These commercial districts are generally found along major arterial thoroughfares which serve large segments of the County population. The use as a mixed retail and restaurant meets these criterions and those uses are specifically permitted within the County's Zoning Ordinance and within the County Comprehensive Plan. Retail uses are specifically allowed by right and the restaurant, drive-in and fast food is allowed with a Special Use Permit. A significant portion of the subject property is already zoned C-2 and, thus, the rezoning effort is a small extension of the existing Zoning District. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The subject property is designated as "transition" within the County's land Use Plan. The "transition" category recognizes that certain roadways have the potential of becoming primary corridors where strip development pressures exist. Certainly this is true with the subject property with the adjoining uses on Brambleton Avenue. The guidelines for "transition" promote planned development nodes and major road junctions in redevelopment of existing strip developments. The former uses on the subject property have been eliminated and, with the appropriate grading plan, the proposed use as retail and restaurant, fast food with a drive-thru, subject to a Special Use Permit, are appropriate in this area. All of the adjoining properties along Brambleton are similar retail uses. Thus, the proposed use meets the objective of the "transition district" which is to provide for development along designated key road corridors in the County. 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 proposed development will have no negative impact upon public services and facilities. The property is already zoned Commercial, a portion being C-1 and a portion being C-2. The rezoning from C-1 to C-2 will allow for the appropriate development of a significant portion of the property with one owner, thereby assuring limited access and a well-designed and coordinated plan of development. \\JOLL Y\SYS\USERS\CBaumgardner\ZONING\Seaside Heights JUSTIFICATION.doc ~ " ~ '" ~ ~ ~ "-. I ~ Zoning ~ 'i! ~ ~ - Cc.·:..~:.I" A... AI ~.~7 _AGJ _EP _AG1 AR _AV C, .C2 _ C2CVOO 11 0. 12 .pca ~ PRO I!BPTD R1 R2 R3 R4 Roanoke County Department of Community Development N Â Applicants Name: Seaside Heights, LLC Existing Zoning: C-1/C-2 Proposed Zoning: C-2S Tax Map Number: 86.08-3-34 86.08-3-35 86.08-3-35.1 86.08-3-36.1 Magisterial District: Cave Spring Area: 2.22 Acres October 25, 2004 No Scale Ù--"¿. "-- SCHEDULE "A" PARCELl: BEGINNING AT AN OLD IRON PIN AT THE SOUTHWEST INTERSECTION OF COLONIAL AVENUE AND MERRIMAN ROAD; THENCE WITH THE WEST SIDE OF MERRIMAN ROAD S. 4° 49' 00" W. 104.63 FEET TO A RAILROAD SPIKE' THENCE WITH A CURVE TO THE RlGHT THAT HAS AN ARC DISTANCE OF 126.81 FEET, A RADIUS OF 681. 20 FEET,'AND A CHORD BEARING AND DISTANCE OF S. 10° 08' 58" W. 126.62 FEET TO AN IRON PIN SET ON THE WEST SIDE OF MERRIMAN ROAD; THENCE LEAVING SAID ROAD AND WITH A NEW LINE N. 70° 58' 35" W. 147.56 FEET TO AN IRON PIN SET ON THE OUTSIDE BOUNDARY OF THE LIONS CLUB OF CAVE SPRING DISTRICT, INC. PROPERTY; THENCE WITH THE SAME N. 24° 43' 16" E. 6.53 FEET TO AN OW PIPE; THENCE N. 24° 43' 16" E. 6.53 FEET TO AN OLD PIPE; THENCE N. 24 DEGREES 54' 13" E. 120.91 FEET TO AN OLD IRON PIN; THENCE S. 77° 35' 26" W. 66.70 FEET TO AN OLD IRON PIN; THENCE N. 3°51' 34" W. 69.40 FEET TO AN OLD IRON PIN ON THE SOUTH SIDE OF COLONIAL AVENUE; THENCE WITH THE SAME N. 89° 42' 26" E. 22.26 FEET TO AN OLD IRON PIN; THENCE WITH A CURVE TO THE LEFf THAT HAS AN ARC DISTANCE OF 164.91 FEET, A RADIUS OF 1,457.39 FEET, AND A CHORD BEARING AND DISTANCE OF N. 86° 27' 31" E. 164.82 FEET TO THE POINT OF BEGINNING, CONTAINING 0.689 ACRES AND BEING KNOWN AS LOT 1, PLAT OF SUBDIVISION MADE FOR LIONS CLUB OF CA VB SPRING DISTRICT, INC., ,BY DAVID A. BESS, 1.S., DATED FEBRUARY 16,2001, AND RECORDED IN PLAT BOOK 24, PAGE 63, IN THE ROANOKE COUNTY CLERK OF CIRCUIT COURT'S OFFICE. PARCEL II BEGlNNJNG AT CORNER NO.1, A STAKE 6 FEET NORTHERLY FROM A MARKED 30" ASH TREE, SAID BEGINNING POINT BEING THE SOUTHWESTERLY OUTSIDE BOUNDARY LINE CORNER OF THAT CERTAIN 97 Y.. ACRE TRACT CONVEYED TO S. H. C. GREENWOOD BY DEED OF RECORD IN DEED BOOK uF" PAGE 690, ALL REFERENCES HEREIN BEING TO THE RECORDS OF THE CLERK'S OFFICE OF THE CIRCUIT COURT FOR THE COUNTY OF ROANOKE; THENCE LEAVING THE ABOVE DESCRlBED BEGINNING POINT, AND WITH THE WESTERLY BOUNDARY LINE OF SAID ORlGINAL GREENWOOD TRACT, NORTH 12 DEGREES 10' WEST, 119 FEET TO A POINT DESIGNATED AS CORNER NO.2, WHICH IS A POINT, IN THE 1NTERSECTIONOFU.S. IDGHWAYNO. 221,AND STATE SECONDARY ROUTE __ NO. 687; THENCE LEAVING THE 1NTERSECTION OF SAID ROADS, AND ALONG THE CENTER LINE OF SAID STATE SECONDARY ROUTE 687 (KNOWN u. -J-. ALSO AS THE POOR HOUSE ROAD), SOUTH 88° 41' EAST, PASSING THROUGH THE CENTER OF A BRIDGE OVER A BRANCH AT 111.3 FEET, IN ALL A TOTAL DISTANCE OF 127.3 FEET TO POINT DESIGNATED AS CORNER NO.3, THENCE LEAVING THE CENTER OF SAID STATE SECONDARY ROUTE 687, AND WITH A NEW DIVISION LINE THROUGH THE PROPERTY OF A. P. GREENWOOD. SOUTH 0 DEGREES 34' WEST, PASSING BY THE WESTERLY SIDE OF A. E. P. CO'S. ELECTRIC POLE AT 12 FEET AND PASSING BY THE WESTERLY SIDE OF AN APPLE TREE AT 35 FEET, IN ALL A TOTAL DISTANCE OF 95.6 FEET TO A STAKE AT CORNER NO.4; THENCE WIrn THE NORTHERLY LINE OF THE PROPERTY OF J. L. HOBACK., PURCHASED FROM H. H. BOWLING, SOUTH 79 DEGREES 53' WEST, CROSSWG THE CENTER OF A BRANCH AT 68.8 FEET, IN ALL A TOTAL DISTANCE OF 102.3 FEET TO THE PLACE OF BEGINNING, AND CONTAlNJNG 0.29 ACRE, AND BEING THE EXTREME SOUTHWESTERLY PORTION, OR CORNER OF THE 11.58 ACRE TRACT CONVEYED TO A. P. GREENWOOD BY H. W. GREENWOOD AND WIFE, BY DEED DATED-NOVEMBER 3, 1928, AND RECORDED NOVEMBER 8, 1928, IN DEED BOOK 181, PAGE 297. PARCEL ill BEGINNING AT AN OLD IRON PIPE BEWd CORNER NO.1 AT THE NORTHWEST CORNER OF THE ORIGINAL CAVE SPRING BAPTIST CHURCH LOT; THENCE ALONG WESTERLY BOUNDARY LINE OF THE SAID CAVE SPRING BAPTIST CHURCH PROPERTY S. 26° 45' W. 115 FT. TO AN OLD IRON PIPE AT CORNER NO.2; THENCE S. 26° 10' W. 107.59 FT. TO AN IRON ON LINE OF PROPERTY PREVIOUSLY SOLD TO BLAIR PITZER, ET UX; THENCE WITH LINE OF SAID LOT N. 59° 19' W. 171.47 FT. TO ANOTHER IRON, ON THE RIGHT-OF-WAY LINE OF U.S. ROUTE 221; THENCE WITH SAME N. 26° 49' E. 70 FT. TO A POINT; THENCE CONTINUING N. 34° 23~ 30" E. 80.91 FT. TO A POINT. CORNER TO LAND NOW OWNED BY R. A. LESTER; THENCE WITH THE LESTER LINE S. 12° 10' E. 47.00 FT. TO A POINT, A CORNER; THENCE CONTINUING WIrn THE LINE OF LESTER, ET AL, N. 79° 53' E. 162.0 FT. TO THE PLACE OF BEGINNING; AND CONTAINING 0.623 ACRES AS SHOWN ON A MAP PREPARED BY T.P. PARKER, DATED OCTOBER 18,1974, AND OF RECORD IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF ROANOKE, VIRGINIA, IN DEED BOOK 1035, PAGE 694 PARCEL IV BEING AS SHOWN ON SHEET 1 OF 1 OF THE PLAT ENTITLED "PRELIMINARY RECORD PLAT SHOWING RIGHT-OF-WAY VACATION AT THE ___ INTERSECTION OF COLONIAL AVENUE (RT. 687) AND BRAMBLETON AVENUE (RT. 221), PREPARED FOR SEASIDE HEIGHTS, LLC SITUATED IN ~ -- Ú- - .¿... THE CAVE SPRING MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" DATED JUNE 11,2002, PREPARED BY LUNSDEN ASSOCIATES, P.c., ENGINEERS-SURVEYORS-PLANNERS, ROANOKE, VIRGINIA, WITH TIlE· POINT OF BEGINNING L YIN"G AT tHE CORNER FORMED BY THE INTERSECTION OF THE EAST RIGHT OF WAY L1NE OF RT. 221 (BRAMBLETON A VENUE) AND TIlE SOUTH RIGHT OF WAY LINE OF RT. 687' (COLONIAL AVENUE) THENCE, ALONG THE FOLLOW1NG COURSES: ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 591.25 FEET, AN ARC LENGTH OF 158.11 FEET, A CHORD BEARING OF S. 62°53'02"E AND A CHORD LENGTH OF 157.64 FEET; THENCE, SI4°39'39"E. 26.04 FEET; THENCE, S04°01'45''W. 40.69 FEET; THENCE, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1457.39 FEET, AN ARC LENGTH OF 164.90 l'EET, A CHORD BEARING OF S85°40'16"W AND A CHORD LENGTH OF 164.8iFEET; THENCE S89°02'06" W, 96.26 FEET; THENCE, N31056'45"E. 159.67 FEET; THENCE, N63°11 '03"E, 35.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.58 ACRE, MORE OR LESS. · ¿,. vl- ( PRELIMINARY Traffic Impact Study Brambleton Avenue and Colonial Avenue Roanoke, Virginia (- Prepared for: Caldwell White Associates Roanoke, VA May 04, 2005 ( !O!{\ Anderson & Associates, Inc. ~YAU Blacksburg, VA l ~. - .1-- J N 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( Table of Contents Executive Summary- . ........ .... ...... ..... .... ..... ....... .......... ...... .... .... ... ....... ... ......2 Analysis of Pre-Development Conditions.......................................,........4 Analysis of Buildout Conditions........ ............ ................. ............... ........... 7 Conclusions and Recommendations .....................................................11 Tables............................................................................................................. 12 Figures ..... ....... ......... .... .... .... .......... .............. ..... .......... .... ... ..... ..... ..... ..... .... 13 Append ix A ..................................................................................................... 14 Appendix B.......... .... .... .... ..... ... ...... ....... ... ...... .... ........ .... ...... .... ..... ..... ....... 15 Appendix C ... ..... ....... ... ...... ................ ...... ........... ...... ....... ......... ....... ......... 16 Appendix D..... ..... .... .... ....... ........... .......... ............ .... ...... ... ... .... ...... ...... ..... 17 c All Anderson & Associates, Inc. 5/04/05 U-l- IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County. VirQinia ( Executive Summary Overview This report was prepared by Anderson & Associates, Inc. (A&A) for Caldwell White Associates to evaluate the possible traffic impacts which may result from the construction of a Bojangles' Restaurant with a drive through window and retail shopping area located in the Old Cave Springs area of Roanoke County, Virginia. The proposed site is specifically located at the southeast corner of Brambleton Avenue and Colonial Avenue. This study is based on a proposed site plan for the development prepared by Caldwell White Associates, for RoBo, LLC and has an anticipated buildout of 2006. Existing access to the site is located at the corner of Colonial Avenue and Merriman Road, one block east of Brambleton Avenue. There are two proposed entrances to the site located on Brambleton Avenue and Merriman Road. Discussion Based on traffic counts collected by A&A and site traffic provided by the developer, analyses were performed to detennine the impact of the proposed development on the adjacent roadways and intersections. The site traffic used in the analyses were based on actual counts taken from four local Bojangles' Restaurants and the Institute of Transportation Engineers (ITE) Trip Generation Manual. Yearly traffic growth was detennined to be 3.16% per year, based on a growth trend established by using Historical Average Daily Traffic (ADT) obtained by VDOT from 1995 and 2003. Based on a review of traffic volumes, it was detennined that PM Peak Hour traffic results in the highest traffic volumes for the intersections. Summary Table 1 shows PM analysis results based on the above traffic: Summary Table 1* 2005 Existing Traffic 2006 Background Traffic 2006 Buildout Traffic Intersection Delay LOS Delay LOS Delay LOS Colonial Avenue & Merriman Road 20.8 C 22.9 C 33.6 D Brambleton Avenue & Colonial Avenue 50.9 D 55.6 E 60.4 E Brambleton Avenue & Pleasant Hill 34.8 C 38.5 D 41.1 D In comparing traffic counts collected by A&A with VDOT count infonnation, it was discovered that the VDOT counts grown by the 3.16% historical growth factor were approximately 15% higher than the counts collected by A&A The difference in volumes was discussed with VDOT and while not nonnally done, it was decided that the counts collected by A&A should be increased to coincide with the 2005 volumes as projected by the historical growth infonnation. It was also detennined that site volumes provided by the developer were lower than site trips generated using ITE. Therefore, the PM analysis was also perfonned using this information and corresponding results are shown in Summary Table 2: C' . . . II . Ill": .. . . , IIII;W: . . I Intersection Delay LOS Delay LOS Delay LOS I Colonial Avenue & Merriman Road 30.4 D 34.5 D 105.7 F I Brambleton Avenue & Colonial Avenue 76.3 E 85.5 F 93.8 F I Brambleton Avenue & Pleasant Hill 53.4 D 57.7 E 62.3 E Conclusions Results depicted in Summary Table 1 show that increase in delays due to the proposed development range from 2.6 seconds at the Brambleton Avenue & Pleasant Hill Drive intersection to 10.7 seconds at the unsignalized intersection of Colonial Avenue & Merriman Road. The increases in the delay times are minimal compared to the delays existing and anticipated background delays already being experienced at these intersections. At the signalized intersections of Brambleton Avenue & Colonial Avenue and Brambleton Avenue & Pleasant Hill Drive, the background traffic is providing a Level of Service (LOS) below C. Since these intersections are part of a coordinated system that was not in the scope of this study, the LOS for these intersections could not be accurately detennined. We anticipate that the effects of platooning from the coordinated system will decrease the delays at these intersections. The increases in delays due to the proposed development are minimal at these intersections and should not have an adverse effect on the overall LOS. 2006 Background Traffic volumes show that a dual- left turn lane from Colonial Avenue onto southbound Brambleton Avenue is desirable. However, based on the existing topography, roadway alignment, and existing development adjacent to the intersection, it may not be feasible. VDOTs Land Development Guidelines does not specify a minimum level of service at unsignalized intersections. MUTCD signal warrants were checked for the Colonial Avenue & Merriman Road intersection and it was detennined that no warrants for a signal were met. The minor roadway approach at his intersection will experience an increase in the delay of less 11 seconds, therefore no changes to the intersection are recommended. Results from Summary Table 2 show a minimal increase in the overall delays due to the proposed development at the signalized intersections of Brambleton Avenue & Colonial Avenue and Brambleton Avenue & Pleasant Hill Drive. As stated above, these intersections are part of a coordinated system that was not in the scope of this study, therefore the levels of service for these intersections could not be accurately detennined. We anticipate that the effects of platooning from the coordinated system will decrease the delays at these intersections. The increases in the delays due to the proposed development are minimal at these intersections and should not have an adverse effect on the overall LOS. l The additional traffic due to the 15% increase in the counts recommended by VDOT and the use of the higher ITE trip generation instead of the counts taken at local Bojangles' Restaurants, increases the volume of traffic going through the Colonial Avenue & Merriman Road intersection. The result in this increase in delay along Merriman Road is slightly greater than one minute. ~Results shown are based on Synchro Analysis for the signalized intersections of Brambleton Avenue & Colonial Avenue and Brambleton Avenue & Pleasant Hill Drive. Results for Colonial Avenue & Merriman Road are based on HCS Un signalized Analysis. l£ Anderson & Associates, l-rÏ~. Page 2 of 17 5/04/05 U-L IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia (- Introduction This report was prepared by Anderson & Associates, Inc. (A&A) for Caldwell White Associates to evaluate the possible traffic impacts that may result from the construction of a fast food restaurant and retail shopping area. This study was performed in accordance with the Land Development Guidelines (Virginia Department of Transportation, 1995) and the Highway Capacity Manual (Transportation Research Board, 2000 edition). Site Description The site to be developed is a parcel of land in the Old Cave Springs area of Roanoke County, Virginia and is specifically located at the southeast corner of Brambleton Avenue and Colonial Avenue. The property is adjacent to Brambleton Avenue on the west, Colonial Avenue on the north, and Merriman Road on the east, as shown in Figure 1: Site Location Map. The anticipated buildout for the development is 2006 ("Design Year"). Currently the land is undeveloped. This study is based on the Site Plan for the development prepared by Caldwell White Associates, for RoBo, LLC. Existing access to the site is located at the corner of Colonial Avenue and Merriman Road, one block east of Brambleton Avenue. This study assumes that the proposed development will consist of a 6,515 ft2 retail shopping area and a 3,839 fe restaurant facility with a drive through window. Proposed access to the site will be at the following locations and can be seen in Figure 2: Site Layout: 1. Brambleton Avenue south of the Brambleton Avenue & Colonial Avenue Intersection. 2. Merriman Road south of the Colonial Avenue & Merriman Road Intersection. Adjacent to the site, Colonial Avenue is a four-lane roadway (two lanes in each direction with an additional left turn lane at the Brambleton-Coloniallntersection) and a posted speed limit of 25-mph. Brambleton Avenue is a five-lane roadway (two lanes in each direction and a center turn lane) with a 45-mph posted speed limit. Merriman Road is a two-lane road with an additional left turn lane at the Colonial Avenue intersection. Traffic generators in the area include a variety of land use types such as single-family residential, multi-family residential, general commercial, and schools. ( Based on discussions between Virginia Department of Transportation (VDOT), Caldwell White Associates, and A&A, it was agreed for the following intersections to be included as part of the traffic study: Brambleton Avenue & Colonial Avenue, Colonial Avenue & Merriman Road, and Brambleton Avenue & Pleasant Hill Drive. It is our understanding from conversations with VDOT during preparation of this report that the signalized intersections at Brambleton Avenue & Colonial Avenue and Brambleton Avenue & Pleasant Hill Drive are part of a coordinated signal system, which consists of multiple signals along Brambleton Avenue. The intersection of Colonial Avenue & Merriman Road is presently unsignalized with the minor approaches being stop controlled. See Figure 3: Existing Lane Configuration. Analvsis Methodology Recommendations for improvements are based on requirements outlined in the following resources: · Acceptable traffic performance is LOS "C" for signalized intersections as well as each lane group as defined in the VDOT Land Development Guidelines (1995). The VDOT Land Development Guidelines do not define an Acceptable traffic LOS for unsignalized intersections. · Turn Lane Warrants are based on the VDOT Road Design Manual (2001). · Signal Warrants, if required, are based on the Manual of Uniform Traffic Control Devices (MUTCD), Millennium Edition. · Capacity analysis was performed using Highway Capacity Software 2000, version 4.1 e (HCS). HCS is a product of the McTrans Center, University of Florida, and is based on principles of the Highway Capacity Manual (Transportation Research Board, 2000 edition). The Signalized and Unsignalized Intersection modules were used for analysis of signalized and unsignalized intersections. Please see Table 2 and Table 3 for Intersection LOS. · Signalized Intersection Analysis was also performed using Synchro 5 Traffic Signal Coordination Software (Synchro). Synchro is a product of Trafficware Corporation of Albany, California. Please see Table 3 for a comparison of HCS and Synchro analysis results. · Both Highway Capacity Software 2000, version 4.1 e (HCS) and Synchro 5 Traffic Signal Coordination Software (Synchro) were used for traffic analysis performed and included in this report. Even though HCS is the software recogniced by FHWA, in our opinion Synchro is better suited for analyzing signalized intersections and specifically gives a more accurate representation of the delays occurring at the analyzed intersections in this study. HCS is incapable of handling calculations for optimizing green times, the number of cars turning right on red, coordinated system analysis, and determining queue lengths. Synchro has the ability to optimize effected green times, analyze actuated signals, calculate vehicles turning right on red, determine estimated queue lengths, and optimize coordinated signal timings and signal offsets. ( '-- J)fß Anderson & Associates, Inc. Page 3 of 17 5/04/05 U. ..2... IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia (- Analysis of Pre-Development Conditions The VDOT Land Development Guidelines require analysis of Existing Year and Design Year traffic conditions to determine the scope of improvements warranted by future traffic alone, without considering the impact of additional site traffic. Analysis of 2005 Existing Conditions is addressed in this section. The analysis results are summarized in Tables 2 and 3. Development of Traffic Conditions without Development Continuous 48-hour tube counts were performed on Brambleton Avenue and Colonial Avenue from February 1, 2005 through February 3, 2005. To our knowledge the counts obtained are representative of typical traffic conditions in the area and there were no extenuating circumstances that would affect traffic during this time period. Manual turning movement counts were collected at the intersections of Brambleton Avenue & Colonial Avenue and Brambleton Avenue & Pleasant Hill Drive on Tuesday, February 2, 2005 from 7:00-9:00 AM and 4:00-6:00 PM. Due to equipment malfunction, turning movement counts for Colonial Avenue & Merriman Road were collected on February 8, 2005. To our knowledge these counts are representative of a typical day of traffic conditions in the area and there were no other extenuating circumstances that would affect traffic during this time period. Existing 2005 AM and PM Peak Hour Volumes for the intersections are shown in Figures 4 through 9. Historical Average Daily Traffic (ADT) volumes for 1995 and 2003 were obtained from VDOT for Brambleton Avenue near the proposed site location. A growth factor of 3.16% per year was determined by calculating the percent difference per year between the 1995 and 2003 ADT volumes and is shown graphically in Figure 16. The counts obtained by A&A in February of 2005 were grown by 3.16% per year to estimate traffic volumes for the Design Year 2006. Design Year AM and PM Peak Hour Volumes for the intersections are shown in Figures 17 through 22. A comparison of the traffic counts collected in 2005 was performed by applying the growth factor of 3.16% per year to the (- VDOT 2003 ADT volumes to obtain projected VDOT 2005 ADT volumes. The comparison showed that the projected VDOT ADT counts were 15% higher than the counts collected by A&A. The difference in volumes was discussed with VDOT and it , was recommended by VDOT that an analysis be performed using traffic volumes that coincide with the 2005 ADT volumes. Existing 2005 AM and PM Peak Hour Volumes (increased by 15%) for the intersections are shown in Figures 10 through 15. Based on this recommendation, the traffic volumes were increased by an additional 3.16% to provide Design Year 2006 AM and PM Peak Hour Volumes with the 15% increase. These volumes are shown in Figures 23 through 28. To provide a thorough analysis and per VDOT recommendation the data was increased by 15% and analysis performed on the above listed intersections. Results show a significant difference in LOS and delay between the two sets of data. Brambleton Avenue Capacity Analysis Analysis can not be performed on Brambleton Avenue as a multi-lane highway since the posted speed limit is 45 mph and will result in a free flow speed of less than 45 mph. This speed is outside the scope of the Highway Capacity Manual's methodology for Multi-Lane Highways; therefore, recommendations and capacity analysis for Brambleton Avenue are based on intersection analyses. c Jli1 Anderson & Associates, Inc. Page 4 of 17 5/04/05 ¿L·~L IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( Brambleton Avenue & Colonial Avenue Intersection Analysis The table below summarizes overall delay and LOS results based on Synchro analysis: AM PM D F Based on VDOT Land Development Guidelines, a LOS C or better is acceptable for each approach lane group as well as overall intersection LOS. In reviewing the results summarized above, this intersection is presently functioning at levels that exceed the desirable capacity of the intersection. Methods by which LOS can be improved include the addition of through lanes as well as turn lanes, optimization of signal timings, and coordination of multiple signals. VDOT recommends that dual left turn lanes be considered when hourly left-turn volumes exceed 300 vehicles per hour (vph). It also states that dual left turn lanes are desirable where left-turn movements exceed 350 vph. Based on these criteria, the peak hourly volume for-left-turn movements of traffic turning from WB Colonial Avenue to SB Brambleton Avenue exceeds the amount recommended for a single left turn lane. However, based on the existing topography, roadway alignment, and existing development adjacent to the intersection, it may not be feasible to provide additional lanes as a means of improving LOS. This recommendation is based on traffic volumes without additional site trips from the proposed development. (~ It is our understanding from conversations with VDOT during preparation of this report that the signal at this intersection is one of several traffic signals along Brambleton Avenue that are part of a coordinated system. It is further our understanding that the signals included in this coordinated system are located to both the north and south of this intersection. The coordinated system is designed to platoon vehicles along Brambleton Avenue to decrease the delay time at each intersection. In order to obtain a more precise LOS for this intersection, it would be necessary to perform an analysis of the entire system; however this is outside the scope of this study. Brambleton Avenue & Pleasant Hill Drive Intersection Analvsis The table below summarizes overall delay and LOS results based on Synchro analysis: AM PM C E Based on VDOT Land Development Guidelines, a LOS C or better is acceptable for each approach lane group as well as overall intersection LOS. In reviewing the results summarized above, this intersection is presently functioning at levels, which exceed the desirable capacity of the intersection. Methods by which LOS can be improved include the addition of through lanes as well as turn lanes, optimization of signal timings, and coordination of multiple signals. In reviewing the existing topography, roadway alignment, and existing development adjacent to the intersection, it may not be feasible to provide additional lanes as a mean of improving LOS. It is our understanding from conversations with VDOT that this signal is one of several traffic signals along Brambleton Avenue that are part of a coordinated system. It is further our understanding that the signals included in this coordinated system are located to both the north and south of this intersection. The coordinated system is designed to platoon vehicles 310ng Brambleton Avenue to decrease the delay time at each intersection. In order to obtain a more precise LOS for this l_ .a.\ Anderson & Associates, Inc. Page 5 of 17 5/04/05 U-L IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( intersection, it would be necessary to perform an analysis of the entire system; however this is outside the scope of this study. Colonial Avenue & Merriman Road Intersection Analvsis The table below summarizes maximum delay and LOS results based on HCS Unsignalized analysis: AM PM D D VDOT Land Development Guidelines do not provide an acceptable LOS for an unsignalized intersection. The LOS results summarized are a result of significant through movement volumes on the major approach (Colonial Avenue) and the inability of traffic to make left-turn movements from the minor approaches. Based on. analysis results, AM delays are controlled by the northbound approach, while PM delays are controlled by the southbound approach. Queue lengths from analysis of the Brambleton Avenue & Colonial Avenue intersection show that the intersection generates queues in the Existing Year (2005) that extend past the Colonial Avenue & Merriman intersection. This was also observed while obtaining traffic counts for the intersection. This will cause delays that will be higher than those given by the HCS analysis. VDOT's Land Development guidelines does not specify a minimum LOS at unsignalized intersections. A review of MUTCD signalization warrants does not necessitate a need for signalization. In reviewing the close proximity of this intersection with the intersection at Brambleton Avenue & Colonial Avenue, spacing is less that the minimum recommended by MUTCD. The only way in which a signalized intersection could properly function would be to provide a signal coordinated ( with the system along Brambleton Avenue. This would minimize queues on Colonial Avenue between Brambleton Avenue " and Merriman Road as well as allow the minor approaches to make left-turn movements. In order to obtain a more precise - LOS for this intersection, it would be necessary to perform a signalized intersection analysis for this intersection along with the existing coordinated system; however, this is outside the scope of this study. l JJ£. Anderson & Associates, Inc. Page 6 of 17 5/04/05 it -'¿" IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( Analysis of Buildout Conditions Based on the VDOT Land Development Guidelines, analysis of Buildout traffic conditions may be used to determine what specific improvements the additional site traffic warrants on the local roads above and beyond the improvements necessary to accommodate the projected background traffic. The developer shall only be responsible for any improvements to the intersection that are required due to the proposed generated traffic from the site as stated in the VDOT Land Development Guidelines. This would not include additional improvements required to bring the Design Year (2006) Background Traffic to a LOS C or better. Analysis of Buildout Conditions is addressed in this section and the analysis results are summarized in Tables 2 and 3. Development of Site Generated Traffic The Bojangles' Restaurants, Inc. provided traffic volumes for the proposed restaurant based on actual cash register receipts generated at four nearby Bojangles' restaurants. A copy of the traffic volumes is included in Appendix D. Traffic volumes anticipated by the Colonial Avenue Site Development were also generated based on the Institute of Transportation Engineers Trip Generation Manual (Seventh Edition) and are shown in Table 1. Below are Trip Generation Assumptions used in obtain site traffic volumes: Trip Generation Assumptions: · ITE Land Use Type 820 (Shopping Center) was used for the proposed 6,515 ff retail shop. · ITE Land Use Type 934 (Fast Food Restaurant with a Drive through window) was used for the proposed 3,839 ft2 Restaurant. A comparison of actual counts from Bojangles' to trips generated by ITE for the proposed restaurant shows that the traffic r generated by the Trip Generation Manual were on average 80% higher than actual traffic volumes for the proposed \~. restaurant. The comparison also shows that the PM peak restaurant traffic does not occur at the same time as the adjacent roadway peak hour. Based on this comparison, we have performed analysis for Buildout conditions using both of the following criteria: · Actual restaurant volumes for the highest AM and PM hours and traffic generated using ITE Land Use Type 820. · Traffic generated by ITE Land Use Type 934 and ITE Land Use Type 820. Traffic Assianment to Adjacent Roadways The distribution of traffic entering and exiting the site was based on the percentage of vehicles approaching and departing the area from each direction. The percentages and site-generated volumes are shown in Figures 29 through 40. Based on the two proposed site access locations and the amount of traffic entering the site from each direction, the following was assumed for analysis purposes: · Access to the site from Brambleton Avenue was analyzed as a right-in right-out intersection. · All other site traffic including vehicles traveling southbound on Brambleton Avenue will access and exit the site via Merriman road. Overall Design Year (2006) Traffic, as shown in Figures 41 through 52, was calculated by adding the Design Year (2006) Background traffic volumes for the peak hours and the site generated traffic. Design Year (2006) Buildout Traffic volumes were then analyzed for each scenario to determine roadway improvements required by the new development. l l£. Anderson & Associates, Inc. Page 7 of 17 5/04/05 [).-2- IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia r Brambleton Avenue Capacity Analysis Analysis can not be performed on Brambleton Avenue as a multi-lane highway since the posted speed limit is 45 mph and this will result in a free flow speed of less than 45 mph. This speed is outside the scope of the Highway Capacity Manual's methodology for Multi-Lane Highways; therefore, recommendations and capacity analysis for Brambleton Avenue are based on intersection analyses. Brambleton Avenue & Colonial Avenue Intersection Analysis Below is a table, which summarizes overall delay and LOS results based on Synchro analysis: AM PM E F Based on the analysis results, overall maximum delay using Bojangles' site trips is increased by approximately 4.6 seconds due to the additional site traffic from the proposed development. Based on the analysis results using ITE Generated Trips, the overall maximum delay is increased by approximately 8.3 seconds due to the additional site traffic from the proposed development. Brambleton Avenue & Pleasant Hill Drive Intersection Analysis c Below is a table, which summarizes overall delay and LOS results based on Synchro analysis: AM PM Based on the analysis results, overall maximum delay using Bojangles' site trips is increased by approximately 2.6 seconds due to the additional site traffic from the proposed development. Based on the analysis results using ITE Generated Trips, the overall maximum delay is increased by approximately 4.6 seconds due to the additional site traffic from the proposed development. (- l£. Anderson & Associates, Inc. Page 8 of 17 5/04/05 ,J.. -- i-. IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia (- Colonial Avenue & Merriman Road Intersection Analysis Below is a table, which summarizes maximum delay and LOS results based on HCS Unsignalized analysis: AM PM F F Based on the analysis results, maximum delay using Bojangles' site trips is increased by approximately 10.7 seconds due to the additional site traffic from the proposed development. Based on the analysis results using ITE Generated Trips, the overall maximum delay is increased by approximately 72.1 seconds due to the additional site traffic from the proposed development. The increase in delays from Existing Year (2005) to Design Year (2006) with traffic generated by the proposed development are due to the majority of site traffic utilizing the entrance located on Merriman Road. VDOT's Land Development Guidelines does not specify a minimum LOS at unsignalized intersections. A review of MUTCD signalization warrants does not necessitate a need for signalization. In reviewing the close proximity of this intersection with the intersection at Brambleton Avenue & Colonial Avenue intersection, spacing is less that the minimum recommended by MUTCD. The only way in which a signalized intersection could properly function would be to provide a signal coordinated with the system along Brambleton Avenue. This would minimize queues on Colonial Avenue between Brambleton Avenue and Merriman Road as well as allow the minor approaches to make left-turn movements. In order to obtain a more precise LOS for this intersection, it would be necessary to perform a signalized intersection analysis for this intersection along with the existing coordinated system; however, this is outside the scope of this study. r \, c 1£ Anderson & Associates, Inc. Page 9 of 17 5/04/05 ,( , " ,~,.¡"".. ~~.,>;( IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( Discussion To be thorough in our investigation of Existing Traffic at the above listed intersections we have analyzed the data collected by A&A as well as the data increased by 15% per VDOT request. There is considerable difference between the two sets of data when analyzed. Analysis shows that counts obtained by A&A result in an overall LOS C or better for all intersections with the exception of the Brambleton Avenue & Colonial Avenue Intersection, which results in an overall LOS D for the PM peak hour. Analysis of the data that was increased to coincide with VDOT's ADT results in a LOS D or below for all intersections during both AM and PM peak hours with the exception of the Brambleton-Pleasant Hill Intersection which is a LOS B during the AM peak hour. It is our opinion that this development will have minimal impact to the surrounding intersections and the LOS shown in our analysis is overly conservative due to the following factors: . In talking with people that frequently travel through this area and observation of the traffic while obtaining traffic counts; in our opinion the data increased 15% per VDOT request does not accurately represent the actual traffic volumes in this area and that these volumes are overly conservative. . In our opinion, trips made to and from the site will be predominantly from vehicles already driving through the area and the development will not generate significant traffic that would otherwise not be in the area. According to VDOT Land Development Guidelines, VDOT Policy on Pass-by Trips, the generated traffic volumes onto adjacent roadways can be reduced by 15% for retail shops and 25% for fast food restaurants. To be conservative in our analysis we did not use the reduction in generated trips however, utilizing this reduction this would also significantly decrease the impact of the development on the intersections in the Design Year. Through our analysis it was determined that the generated traffic from the proposed development of the three intersections analyzed will have the greatest impact on the unsignalized Merriman Road & Colonial Avenue Intersection. However, a review of MUTCD signalization warrants does not indicate a need for a signal. The distance between this intersection and ~ Brambleton Avenue & Colonial Avenue intersection is less than the minimum recommended by MUTCD. Analysis performed ( with Synchro of the Brambleton Avenue & Colonial Avenue Intersection shows that the queue length in the Existing Year - (2005) extends past the Colonial Avenue & Merriman intersection. This was also observed while obtaining traffic counts for the intersection. Based on the queuing lengths from the analysis and from observations, a signalized intersection coordinated with the system along Brambleton Avenue could be used in order to minimize queues on Colonial Avenue between Brambleton Avenue and Merriman Road. To obtain a more precise LOS for this intersection, it would be necessary to perform a signalized intersection analysis for this intersection along with the existing coordinated system. However this is beyond the original scope agreed upon by VDOT for this study. Anderson & Associate attempted to obtain the traffic signal timings as well as turning movement counts from VDOT for the remaining intersections in the coordinated system as well as the Brambleton Avenue & Route 419 intersection. VDOT was able to provide the traffic signal timings, but did not have the turning movement volumes required to analyze the system. c f£ Anderson & Associates, Inc. Page 10 of 17 5/04/05 V·-'- IN 23639 Colonial Avenue Traffic Impact Study - Roanoke County, Virginia ( Conclusions and Recommendations Existing Year 2005 and Design Year 2006 Background Traffic (Excluding Site Generated Traffic): Based on analysis results, the intersections analyzed as part of this study do not meet the desired LOS C as required by VDOT Land Development Guidelines without traffic generated by the proposed development. In reviewing the existing topography, roadway alignment, and existing developments adjacent to the intersections, it is not feasible to provide additional lanes as a mean of improving LOS. To provide a true representation of the actual LOS for the intersections, it would be necessary to perform a study to include the entire coordinated system as previously discussed. Based on traffic delays observed while obtaining turning movement counts as well as conversations with people who frequently travel through the study area, the analysis results shown in this study appear to be overly conservative. This could be due in part to the fact that intersections in this study were analyzed as individual actuated signals when in reality, they are part of a coordinated system of multiple signals. Design Year 2006 Buildout Traffic (Including Site Generated Traffic): Brambleton Avenue & Colonial Avenue Results of analysis of 2006 Background Traffic in the area combined with traffic generated by the proposed development show that increased delays from traffic utilízing the proposed site are minimal and should not significantly affect the overall LOS of the intersection. Overall Average Delays increase 13.2 seconds in the AM peak hour and 8.3 seconds in the PM peak hour. Brambleton A venue & Pleasant Hill Drive Results of analysis of 2006 Background Traffic in the area combined with traffic generated by the proposed development show that increased delays from traffic utilizing the proposed site are minimal and should not significantly affect the overall LOS of the intersection. Overall Average Delays increase 3.7 seconds in the AM peak hour and 4.6 seconds in the PM peak (~ hour. Colonial Avenue & Merriman Road Results of analysis of 2006 Background Traffic in the area combined with traffic generated by the proposed development show that increased delays from traffic utilizing the proposed site are minimal and should not significantly affect the overall LOS of the intersection. Overall Average Delays increase 10.3 seconds in the AM peak hour and 10.7 seconds in the PM peak hour. VDOT's Land Development Guidelines does not specify a minimum level of service at unsignalized intersections. MUTCD signal warrants were checked for the Colonial Avenue and Merriman Road intersection and it was determined that none of the warrants for a signal were met. The minor roadway approach will experience an increase in the delay by less 10 seconds, therefore no changes to the intersection are recommended. The increase in the volumes with the use of the 15% increase recommended by VDOT and the use of the ITE trip generation increases the delays. The MUTCD signal warrants are still not met and since the increase in delays are slightly greater than one minute. Brambleton A venue Site Entrance Based on traffic utilizing Brambleton Avenue during peak hours, it is recommended that the entrance on Brambleton Avenue only allow right turns in and out of the site. A 50-foot right turn lane is required with a 100 foot taper on Brambleton Avenue to provide a deceleration lane for traffic entering the site. Merriman Road Site Entrance Based on turning movement volumes of traffic entering the site from Merriman Road, a right turn taper of 100 feet is recommended. No left turn lane is required. A review of sight distance requirements is also recommended to verify that the proposed site entrance maintains minimum sight distance requirements. However, it is our understanding that sight distance requirements will be addressed as part of the site plans. c J)fß Anderson & Associates, Inc. Page 11 of 17 5/04/05