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HomeMy WebLinkAbout12/20/2005 - Regular Roanoke County Board of Supervisors Agenda December 20,2005 Good afternoon and welcome to our meeting for December 20, 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: Reverend David Walton Belmont Christian Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $5,000 proceeds from the 10th annual Marine Mud Run. (Pete Haislip, Director of Parks, Recreation and Tourism) 2. Request to approve funding in the amount of $150,000 to design and build a bay addition at the Back Creek Fire and Rescue station. (Rick Burch, Chief of Fire and Rescue) 1 3. Request to contribute funds in the amount of $100,000 to the Town of Vinton for the expansion of the Vinton War Memorial. (Elmer C. Hodge, County Administrator) 4. Request to enter into a contract to serve as fiscal agent for the Western Virginia Regional Jail Authority. (Diane D. Hyatt, Chief Financial Officer) 5. Request to increase services and staffing hours at the Bent Mountain and Mount Pleasant libraries. (Diana Rosapepe, Director of Library Services) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits o~ the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone 1.14 acres from C-2C, General Commercial District with conditions, to C-2, General Commercial District, for the operation of a medical office located at 5296 Peters Creek Road, Catawba Magisterial District, upon the petition of Vistar Eye Center. 2. First reading of an ordinance to rezone 3.564 acres from R-3C, Medium Density Multi-Family Residential District with conditions, to C-2, General Commercial District, and to obtain a special use permit for the construction of a life care facility located at 6509 Carefree Lane and 6920 Williamson Road, Hollins Magisterial District, upon the petition of Friendship Manor Apartment Village Corporation. 3. First reading of an ordinance to rezone 8.92 acres from C-2S, General Commercial District with special use permit, to R-3, Medium Density Multi- Family Residential District, for the construction of a townhouse development located at 7656 Williamson Road, Hollins Magisterial District, upon the petition of Eric Eanes and Todd Conner. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing conveyance of an easement to Verizon Virginia, Inc. on property owned by the Board of Supervisors to provide telephone service to the new Public Safety Center, Catawba Magisterial District. (Joseph B. Obenshain, Senior Assistant County Attorney) 2 2. Second reading of an ordinance authorizing the acceptance of a donation of an easement from Occidental Development, LLC, for construction of a drainage easement at Sunscape Apartments, Cave Spring Magisterial District. (Joseph B. Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS 1. Length of Service Awards Program (LOSAP) for Fire and Rescue 2. Southwest Development Financing, Inc. 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 - December 6, 2005 2. Acceptance of a portion of Innsbrooke Drive and Hanging Rock Court into the Virginia Department of Transportation Secondary System K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Capital Projects 5. Accounts Paid - November 2005 6. Statement of expenditures and estimated and actual revenues for the month ended November 30, 2005 3 7. Statement of Treasurer's accountability per investment and portfolio policy as of November 30,2005 8. Public Safety Center Building Project Budget Report 9. Public Safety Center Building Project Change Order Report O. CLOSED MEETING P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss the County of Roanoke secondary roads system six- year improvement plan for fiscal years 2006-2012 and review of the revenue sharing priority list for fiscal years 2006-2007, including potential increase in County matching funds from $500,000 to $1 million. (Anthony Ford, Transportation Engineering Manager) 2. Work session to discuss the fiscal year 2006-2007 budget development. (Elmer C. Hodge, County Administrator; Brent Robertson, Director of Management and Budget) (a) Budget development calendar (b) Discussion regarding work schedule in the Community Development Department and request for additional staffing (c) Contributions to community agencies (d) Significant expenditure items (e) Update on CIP Review Committee 3. Work session to review the site feasibility study for the new South County library. (Diane D. Hyatt, Chief Financial Officer; Diana Rosapepe, Director of Library Services; George Simpson, Assistant Director of Community Development) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Withdrawn at the reauest of the petitioner. Second reading of an ordinance 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, upon the petition of Cellco Partnership, d/b/a Verizon Wireless. (Janet Scheid, Chief Planner) 4 2. Continued until Februarv 28. 2006. at the reauest of the petitioner. 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 permit 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) 3. Second reading of an ordinance to exempt the property owned by Roanoke Council of Garden Clubs, Inc. from property tax, said real property assessed at $712,100 being 2.60 acres at 3640 Colonial Avenue, Cave Spring Magisterial District. (Paul M. Mahoney, County Attorney) 4. Second reading of an ordinance amending the Roanoke County Code by adding a new Section 21-22 to provide for the implementation of the 2004- 2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998. (Diane D. Hyatt, Chief Financial Officer) 5. Second reading of an ordinance amending Section 30-71, EP Explore Park District, and related sections 30-29, Use Types Generally, and 30-80 through 30-88, Use and Design Standards, of the Roanoke County Zoning Ordinance, upon the petition of the Roanoke County Planning Commission. (Elmer C. Hodge, County Administrator; David Holladay, Senior Planner) 6. Second 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. (Elmer C. Hodge, County Administrator; David Holladay, Senior Planner) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael A. Wray 2. Richard C. Flora 3. Joseph P. McNamara 4. Joseph B. "Butch" Church 5. Michael W. Altizer V. ADJOURNMENT 5 ACTION NO. ITEM NO. E -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $5,000 proceeds from the 10th annual Marine Mud Run AGENDA ITEM: SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Elmer C. Hodge ~ )Js.t?;? County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For the past ten years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion and the Marine Corps League, in cooperation with the Roanoke County Department of Parks, Recreation, and Tourism and many other corporate sponsors, has sponsored the Mud Run in Green Hill Park. The event is designed to raise funds for the Toys for Tots program and Camp Roanoke. This event continues to be successful despite the challenges confronting the sponsoring reserve units with oversea deployments of key units and staff. This year there were over 1 ,000 participants and over 4,000 spectators. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $5,000 contribution brings the total amount contributed to $49,200. These funds will be used for small capital improvements and maintenance projects at the camp. Planned improvements include the purchase of dehumidification units for the residential cabins and tile for the bath house floors. Claude Slomcewski, Kevin O'Shea, and Tom Bedwell from the Marine Corps League will make the presentation. t- FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account AL TERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $5,000 proceeds from the 10th annual Marine Corps Mud Run to the Camp Roanoke Fee Class Account. 2 <to- of l\oano~ CERTIFICATE OF RECOGNITION AWARDED TO Marine Corps League for their continued support of Camp Roanoke ~ For the past ten years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and the Marine Corps League, ;n cooperation with the Roanoke County Department of Parks, Recreation and Tourism and other corporate sponsors, have hosted the Marine Mud Run in Green Hill Park. >- This event is designed to raise funds for the Toys for Tots Program and Camp Roanoke. y This event continues to be one of the largest and most successful running events in the Valley, receiving media support from around the state and including runners from ages three years old to the 70's. y The contribution from the Marines this year was $5,000 and brings the total amount contributed to $49,200. Presented this 20th day of Decemb~ 20?5 'l'r}uk! 7i. ~ Michael W. Altizer Chai an \Y\'~~ <4. W Michael A. Wray, VÎce-Chai~ ~B. "~Id. '{!b..ðb oseph B. 11Butch" Church ~ ,c;......-5> c. ~ Qo.t .... Richard C. Flora W ~~&~__ tt'ePh P. McNamara ., I: ,~I , ~ <to- of 3ßoano~ CERTIFICATE OF RECOGNITION AWARDED TO U. S. Marine Corps Reserve Unit for their continued support of Camp Roanoke ~ For the past ten years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and the Marine Corps League, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and other corporate sponsors, have hosted the Marine Mud Run in Green Hill Park. ~ This event is designed to raise funds for the Toys for Tots Program and Camp Roanoke. ~ This event continues to be one of the largest and most successful running events in the Valley, receiving media support from around the state and including runners from ages three years old to the 70's. ~ The contribution from the Marines this year was $5~000 and brings_ the total amount contributed to $491200~ Presented this 20th day of Decembe~ 2005 1'(]tdw¿ ,1. ÚIti~ Michael W. Altizer, Chai an \ll~~a..W Michael A. Wray, Vice-Chai:Ö B. "4.td. · ~t!b ~,~.S> c.. ~ CN.... Richard C. Flora CJ,V ~c.~__ t!J'ePh P. McNamara ACTION NO. F-8 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Request to approve funding in the amount of $150,000 to design and build a bay addition at the Back Creek Fire and Rescue station SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief Elmer C. Hodge ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Roanoke County Fire and Rescue has included a request to construct a bay addition onto the Back Creek Fire and Rescue station in our CIP submission for the past several years. We are requesting approval of these funds at the present time due to an opportunity that recently presented itself. Back Creek Fire and Rescue, Inc. has offered to share in the construction expense utilizing funds collected through their citizen donation campaigns. Back Creek Fire and Rescue, Inc. has committed $50,000 toward the bay expansion project. Estimating the total amount of the project accurately would not be possible at this time pending a formal bid process; however, preliminary estimates indicate the total to be approximately $200,000, leaving the County's portion at $150,000. The sharing of resources for a common goal has been very successful in the past. The completion of the Read Mountain station addition in 2004 utilizing shared funding with the volunteer agency is an example of cooperation at its best. As with the Read Mountain project, the volunteer agency will submit their contribution to the County and the project will move forvvard to the bid process under County guidelines and procedures. E-) '- Because the Back Creek station was built in 1989 and designed for fire response only, limited bay facilities were included. Since that time, the volunteer agency purchased an ambulance and began responding to medical emergencies, thus utilizing some of the bay space to house the vehicle. In 2005, the volunteer agency was successful in a FEMA grant process which resulted in the purchase of a 4-wheel drive mini-pumper to assist in fire responses in rural areas and to some homes with narrow drives and limited accessa This was a great addition to the response capabilities of the station; however, it placed a strain on the already limited bay space available. Effective November 2005, Roanoke County Fire and Rescue implemented 24 hour, 7 days per week EMS coverage in the Back Creek area. This requires the addition of a second ambulance to allow response by both the volunteer and career personnel. Once again the citizens in the Back Creek area will benefit from the expanded coverage. The bay space to house this response apparatus was again a challenge to come by, resulting in vehicles having to turn inside the bay to line up with the bay doors before exiting the building, thereby creating an unsafe condition. FISCAL IMPACT: The total amount of the project is tentatively estimated to be $200,000. Back Creek Fire and Rescue, Inc. has committed $50,000 toward the project. An additional $150,000 would need to be appropriated from the Minor County Capital Reserve to the Fire and Rescue Department to begin the bid process, architectural and engineering (A&E) work, and subsequent construction. AL TERNATIVES: Without the approval of $150,000 in funding, the Fire and Rescue Department would be unable to complete the bay addition project. STAFF RECOMMENDATION: Staff recommends the appropriation of funds in the amount of $150,000 from the Minor County Capital Reserve to combine with the $50,000 commitment from Back Creek Fire and Rescue, Inc. to complete the bay addition. 2 ACTION NO. ITEM NO. E -3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 Request to contribute funds in the amount of $100,000 to the Town of Vinton for the expansion of the Vinton War Memorial Elmer C. Hodge [;I County Administrator AGENDA ITEM: SUBMITTED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: Attached is a letter from Brad Grose, Mayor of the Town of Vinton, which outlines proposed plans to renovate and expand the historic Vinton War Memorial facility. As part of the renovations, the banquet facilities will be improved, training and conference amenities will be upgraded, and a landscaping plan will be implemented that will enhance the green space for the facility and mitigate some of the existing stormwater management concerns. The Town has committed $1.8 million for the project, and they have requested that Roanoke County contribute $100,000 toward the renovation of this facility that will be of benefit to the entire Roanoke Valley. They have offered to provide "no cost" dates or some other form of consideration to the County in exchange for this contribution. If the contribution is approved, staff will meet with the representatives from the Town of Vinton to schedule use of the facility by County departments. Mayor Grose will be in attendance at the meeting to answer any questions~ FISCAL IMPACT: Funding in the amount of $100,000 from the Minor County Capital Fund will need to be appropriated for this purpose. STAFF RECOMMENDATION: Staff recommends appropriation of funds in the amount of $100,000 from the Minor County Capital Fund to be used as a contribution to the renovation of the Vinton War Memorial. ., 1::-3 TOWN OF VINTON 311 So. Pollard Street VINTON, VIRGINIA 24179-2531 PHONE (540) 983-0607 F A:X (540) 983-0626 Council Members Robert R. Altice Carolyn D. Fidler William E. Obenchain, Jr. Thomas A. Rotenberry Mayor Bradley E. Grose December 9,2005 Mike Altizer, Chainnan Roanoke County Board of Supervisors 5204 Bernard Drive, SW Roanoke, VA 24018 Re: Vinton War Memorial Renovation Dear Mike: I appreciate you and Mr. Hodge taking the time to meet with Kevin and me regarding our plans for the renovation and expansion of the War Memorial facility. As you know, we will be expanding the capacity of the large dining room from 99 to 220 persons, adding an elevator, changing the kitchen and bathroom layout and improving the parking and landscaping of the grounds. Our goal is to create a beautiful facility that can host weddings and social functions and more importantly continue to be a first class conferencing, training and meeting facility for the community. Town Council has committed to spending $1.8 million for this proj ect. However, we have identified components of the project that may not get done with this limited funding. Of particular interest is ensuring that we can get the proper tele-conferencing and networking equipment in place as well as the full landscaping plan to enhance the "green" area and possibly mitigate some of the storm-water issues. The Board of Supervisors has been very supportive of the Town in the past and we are very grateful for the relationship that we have. We have a desire to develop the Vinton War Memorial into a regional asset that will serve not just Vinton and East Roanoke County, but the entire Valley. With that in mind Town council would like to ask you and the Board to consider contributing to the project in the amount of$100,000.00. We would be pleased to consider some "no-cost" dates for the County or some other consideration in return. Please let me know if I can provide any further information. Thank you very much for your continued support and consideration of this request. Sincerely, Bradley Grose Mayor ACTION NO. ITEM NO. S-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 AGENDA ITEM: Request to enter into a contract to serve as fiscal agent for the Western Virginia Regional Jail Authority SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Western Virginia Regional Jail Authority would like the County of Roanoke to serve as fiscal agent for the Authority. At their meeting on December 1 ,2005, the Authority voted to approve entering into a contract with the County to provide these services. The attached Fiscal Agent Agreement details the services to be provided by the County of Roanoke. These services include paying bills, handling accounting and auditing, payrolls, investments, etc. The County will provide monthly financial statements to the Treasurer of the Authority. In addition, the County will be responsible for the setup of all of the accounting and payroll procedures, and the filing of bond reimbursements. Bills will be processed for the Authority on a weekly basis, as they are submitted for payment. The interim financing proceeds are held in an escrow account, until a monthly reimbursement request is made. Since none of the localities have donated any working capital money, the Authority will usually have a negative cash balance, until the monthly reimbursement is received from the escrow account, in effect using Roanoke County funds for cash float. When the County allocates interest income earned at the end of each month based on the percentage participation in the pooled cash, the Authority will receive a negative allocation. 1 E-~ These services will be provided for $5,000 a month ($60,000 annually). The term of the agreement is from January 1, 2006 - June 30, 2009. At that time, the Authority may be able to handle their own financial operations internally, or they may choose to contract for another period of time with the County. FISCAL IMPACT: The Authority will pay the County of Roanoke $5,000 a month ($60,000 annually) to provide fiscal agent services. In addition, the Authority will pay interest expense to the County for negative cash balances at the end of each month. STAFF RECOMMENDATION: Staff recommends authorizing the County Administrator to enter into a Fiscal Agent Agreement with the Western Virginia Regional Jail, in a form approved by the County Attorney. 2 F~4 .....- ~ t Fiscal Agent Agreement Between The County of Roanoke, And The Western Virginia Regional Jail Authority This agreement is made the day of December, 2005, by and between the Board of Supervisors of Roanoke County ("County"), a political subdivision and county of the Commonwealth of Virginia, and The Western Virginia Jail Authority ("Authority"), a regional jail authority, created pursuant to Section 53.1-95.2 of the Code of Virginia. RECIT ALS 1. The Western Virginia Regional Jail Authority was created by an agreement dated June 24, 2005 between the County of Franklin, Virginia; the County of Montgomery, Virginia; the County of Roanoke, Virginia, and the City of Salem, Virginia. The Authority has all the powers granted a jail authority by law and by the provisions of Articles 3,3.1, Title 53.1 of the Code of Virginia (1950), as amended. 2. The Western Virginia Regional Jail Authority adopted By-Laws effective August 4, 2005. Article VII, Section 2 of these By-Laws allows the Authority to designate a fiscal agent and enter into a contract with such agent for this purpose. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the AuthoritYa 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Negative Cash. As a participant in the pooled cash concept of the County, the Authority may have a negative cash balance from time to time. The Authority agrees to minimize the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 1 E-1 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If cash is negative at the end of a month, as described in paragraph 3, then negative interest will be allocated to the fund. 5. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason, the Authority will share in the loss using the methodology described in paragraph 4. 6. Revenues. All revenues of the Authority, except for inmate funds, will be deposited with the County Treasurer. 7. Payment of Vendors. The County will make vendor payments for the Authority. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on County checks. Reference to the Authority may be made on the description line of the check. 8. Payment of Payroll. The County will process the payroll for the Authority. These payments will be made in a manner consistent with County procedures and will follow the County payroll cycle. These payments will be combined into the normal County payroll process, and as such the check stock used will be the County of Roanoke, and will be signed electronically with the signatures that appear on the County checks. 9. Processing of Payroll Taxes. The County will file all payroll taxes as part of the combined payroll of the County of Roanoke. As such, the County ID name and number will appear on the W -2 forms that are received by the employees. This is for cost saving and convenience and does not mean that the employees are employees of the County. 10. Procurement. The County will assist the Authority with Procurement activities as requested by the Authority. 11. Risk Management. The County will assist the Authority with the procuring and selection of insurance coverage. 12. Financial Reports. The County will work with the Authority staff and Board to provide meaningful financial reports on a convenient schedule. This will include financial reports to the Authority Board meeting. 13. Audit. The County will procure an audit firm for the Authority audit as part of the overall procurement process for the County audit. The firm selected mayor may not be the same finn that is selected to do the County audit. The County will work with the auditors selected to prepare the audit of the Authority. The Authority will maintain overall 2 E--Lj responsibility for the integrity of the financial records. The Authority will be charged for the cost of the audit. 14. Errors and Omissions. It is the responsibility of the Authority to make sure that all financial infonnation is correct, accurate, and complete. 15. Ownership. All funds and obligations of the Authority are the property and responsibility of the Authority. Upon tennination of this Agreement, all funds and obligations will be remitted to the Authority, or its new fiscal agent. 16. Cost. The fiscal agent services outlined above will be provided the Authority for a fee of $5,000 a month ($60,000 annually). The County has pennission to transfer funds from the Authority funds to the County funds by journal entry to pay for this service. 17. Tenn. This agreement shall begin on January 1, 2006 and shall tenninate on June 30, 2009. Further, either the County or the Authority may tenninate the Agreement at any time with one year written notice to the other. In witness whereof, the parties have caused this Agreement to be executed by their authorized officers. BOARD OF SUPERVISORS OF ROANOKE COUNTY By: Its: WESTERN VIRGINIA REGIONAL JAIL AUTHORITY By: Its: 3 ACTION NO. ITEM NO. E-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Request to increase services and staffing hours at the Bent Mountain and Mount Pleasant Libraries SUBMITTED BY: Diana Rosapape Director of Library Services Elmer C. Hodge ~ J~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: .../J- ~ ~~ ~ ~. _ >& ~ tV' I~ ~;µI - SUMMARY OF INFORMATION: At the December 6, 2005 meeting, Joan Carver, a citizen in Bent Mountain, advised the Board that she was interested in providing a preschool story time at the Bent Mountain Library. The Bent Mountain Women's Club has indicated their willingness to donate funds to begin the program. Staff had been working on the group's request but had several areas of concern, as outlined below: 1. The number of children who could attend is very limited. According to information provided by staff members, the Roanoke County school administration, and longtime residents, most preschool-aged children in the Bent Mountain area are in daycare during the week. Mrs. Carver mentioned the possibility that a daycare center in Floyd County would bring children to the library for the story time. When contacted, however, the daycare owner said that the logistical problems of safely transporting the preschoolers would make regular attendance difficult. She preferred to be considered for the Library's Books2Go outreach service to the center. 2. The Library Board has made it a priority to restore parity in services and scheduled hours between the two community branches of Bent Mountain and Mount Pleasant. Currently, the Mount Pleasant Library is open 12 hours per week and has an annual E-S circulation of 7,100; Bent Mountain is open 24 hours per week and has an annual circulation of 11,700. In comparison, a full-service branch, such as Vinton, is open 65 hours per week and had a circulation of 140,000 items last year. Increasing the hours at Mount Pleasant will result in increased circulation at this branch. ALTERNATIVES: 1. Work within the existing hours at Bent Mountain and bring Mount Pleasant to parity at a total annual cost of $12,600: a. Hold the preschool story time at Bent Mountain on Saturday morning when the library is already open and the children will be able to attend. Cost is $1,800 in additional staff time. b. Add 12 hours of operational time to the Mount Pleasant Library so that it is in parity with the existing Bent Mountain operational time. Cost is $10,800 in additional staff time. 2. Add four additional hours to Bent Mountain and bring Mount Pleasant to parity at a total annual cost of $18,000: a. Hold the preschool story time on a weekday morning. We would need to see if there would be any attendance at this time. Cost is $3,600 in additional staff time. b. Add 16 hours of operational time to the Mount Pleasant Library so that it is in parity with the existing Bent Mountain operational time. Cost is $14,400 in additional staff time. FISCAL IMPACT: If the Board would like one of the above alternatives, the funds would need to be appropriated from the Board Contingency for a six month period to begin these services in January 2006. Alternative 1 would cost $6,300 and Alternative 2 would cost $9,000. Funds for future years would be included as part of the budget process. STAFF RECOMMENDATION: Staff recommends Alternative 2; however, Alternative 1 is also a workable solution. 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: December 20, 2005 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge {' ¡r-- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning 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 January 24. 2006. The titles of these ordinances are as follows: 1. The petition of Vis tar Eye Center to rezone 1.14 acres from C-2C, General Commercial District with Conditions to C-2, General Commercial District for the operation of a medical office, located at 5296 Peters Creek Road, Catawba Magisterial District. 2. The petition of Friendship Manor Apartment Village Corporation to rezone 3.564 acres from R-3C, Medium Density Multi-Family Residential District with Conditions to C-2, General Commercial District, and to obtain a Special Use Permit for the construction of a Life Care Facility, located at 6509 Carefree Lane and 6920 Williamson Road, Hollins Magisterial District. 3. The petition of Eric Eanes and Todd Conner to rezone 8.92 acres from C-2S, General Commercial District with Special Use Permit to R-3, Medium Density Multi-Family Residential District for the construction of a townhouse development, located at 7656 Williamson Road, Hollins Magisterial District. 1 f 1-3 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 County of Roanoke Community Development Planning & Zoning ~)-Z- OJ CQß1) For Staff Use OnI f- \ Date received: Received by: \UJ 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 .) }J\ Check type of application filed (check all that apply) Ii Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal o Comp Plan (15.2-2232) Review Applicants name/address w/zip VISTAR EYE CENTER 2802 Brandon ~veriue Roanoke' VA 24015 Phone: Work: Cell #: Fax No.: 5 40~34 4 -4 0 0 D. ~ Owner's name/address w/zip . VISTAR PROPERTIES, LLC 2802 Brandon Avenue Phone #: Work: Fax No. #: 1:)4n-iA.2~4171 540-344-4000 54n-142~4171 Property Location 5296 Peters Creek Road Magisterial District: IIollin3' Conununity Planning area: He llins Tax Map No.: 37.08-01-01 Existing Zoning: C2-C Size ofparcel(s): Acres: Existing Land Use: Vacant ~~~~¡'Æ'~~¡i!lìl~i~f.iilf~~4'.~!f~_~t~.RJL~I_~~l)~¡ Proposed Zoning: Proposed Land Use: C - 2 Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes XX No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes XX No IF NO, A VARIANCE IS REQUIRED FIRST Ifrezoning request, are conditions being proffered with this request? Yes No §~_I~~lflll~~~~æltiiI1iø:l~i_~I~IJ!~rtl~,~~t1~t2~~i1fi'il,~'~~;)W¡~tl V arianceJW aiver of Section( s) N/'A of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSIWICP V/AA R/SfWICP V/AA R/SIWICP V/AA ~ Consultation ~ 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 I hereby certify that I am either the owner of the propet)Y or the owner:, agent or contract purchaser and am acting with the knowledge and consent of the owner. ~ l '1 /, (/~- , -I", ¿·Il~rz'~ Owner's Signature ...... I 2 · . Applicant VISTAR EYE CENTER f·-, The Planning Commission will study rezoning~ special use permit waiver or community plan (15.2-2232) review requests to deterinine 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 ifnecessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the pUIpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This petition requests removal of proffers placed on the property in 1988, which were carried over to new zoning classifications. The proffer conditions currently meet or exceed requirements of the present zoning ordinance, given standards, setbacks, buffering, and screening in force under the current ordinance. There would be no negative traffic or land-use impacts caused byre-zoning this property from C2-C to C-2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This lot is designated by "transition" in the land-use guide of the Roanoke County Community Plan. Office, medical, and small...scale retail-use types are encouraged under this plan. Similar commercial (i.e., C-2) development currently exists along both sides of Peters Creek Road. Site development·for this property will be consistent with the Community Plan. Surrounding Properties are of sïrrµ.lar scale businesses, which are zoned C-2. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the sUlTounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. Requested zoning for C-2 would have no impact on the use of this or adjacent commercial properties. Adjacent residential property would be screened in accordanc~ with zoning requirements. Land-use patterns are similar to the surrounding area. The size of this lot would not adversely impact surrounding utilities or public services. 3 F-I A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered~ Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building pemùt. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a-rezoning or imposed on a special use pennit or variance, the "concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is requíred with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL .APPLICANTS /' a. Applicant name and name of development -.L b. Date, scale and north arrow v'" c. Lot size in acres or square feet and dimensions ../' d. ~ e. V f." V' g. / h. L i. --L j. Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and 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 Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site V"' 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. "/ 1 1: _~" I-/, / \C1-(,. -/" . L'(;?v~ Signaturé of applicant /Ij¡?jo5 Date 6 ~ /~' '- ~ ~ ?!? ~ ~/NG ~IF- ~ ?/7. c£..-ð/-(/Z ~ " , Ç) ~ r ßt/ÞT: ~ú:J~ ~I . 1/' · 1/:- LLJ ~ßr ~~'T/~ ø--'2. u~/;V(; c..~ .I . __ I . ~ i~~#~~ ..,b 1-- - ~~8$//ð' ?- //7 // '3?7t~ ~ .. . (/2. I I ~77~ 4~ ýffi,e eu& lIT· 8d I . , I ......~~~ atR.R£IV7~/f:J '- t!. ~ -c- ~ 7A1t1F ~7,af-ol-ð/ . ~~ ~' . ~ LO' p¥M~8L tv/~~ ~ ' VJAI/¡(JC:; m}t II ~æ-Q'-~ ".1 i " IflÞ ~~-- ~ li _ 1;. .; . .. ..~ ! L.4V~ II LAú~ J 7ßt;,. ( o ~7·~12P. 6/TË ~lEA1E _ * ,e£I//~ f?82 ~/N&> ß2l?P~ Rél//BW ~.' JU~ 4Ð'-pll /,/1£ ~ . ~ · ßclú7tj V/?7J/1Z é3;e~ Date: /;- _ /~ Sheet No: Scale: ;// -:::- ~I Project No: fU7I- # mlh~llll. KIN~EY, SHAN,E & ASSOCIATES nm a Architects, Engineers nlll~. 201 W. M.ai~ ~treet Salem, Virginia 24153 Pp-/ -\;)" ~1 "!'v"> (;e~ \ 1IIIIij 1111 KINSEY, SHANE & ASSOCIATES III Architects, Engineers II. 201 W. Main Street Salem, Virg i nia 24153 529711. o. 5293 1 5238 ~ /¥.: û'O 4. ~\. \.~ <ç..," . 53013 . 5311 5303 12. 5305 53! 1. . \. 3~ 5296 rIf .~ , ¢~~ V/77~ eye caJ7e12-.. Date: II j/1jô5 Sheet No: Scale: PP-2. Project No: ~., AI " , ,,/ ",,/' "'v,y ",," ¥97 ," 4 ~ /,," 37 .O~ " " D1 ",,,,,,, D= 6.5 ,,/' ~/ ~" , y'fP 7. ""''''/37~08~ ",," 02 ' ~ 5.DO Ji.r., ",," D=5.5 ~ , //'0 {t \. ~'\.. /~~ ~ .2 , oS), =6.D ~\; ;' / ¢-' ~/ ~t:ö 6. / ~ ¢' . 4.28 Þ/:. \ ,/ ,/ ..' c9.j;. ¢-- ,/ ,/ ~\; '" ,/ /' tP~ ~ cP.j;. a..2 ,/ ,/ 1.78 AI: 5160 ((.\; F'unerol He>me ,/ /' --..0\ ~\; ;' ,/ 'f.w ,/ " ~...... ".. ". ('" f{ fil...... ".. " ~\.. ",... ". ff........ ~Cõ ~ "11111·1111 IIla~11 K'NSEY, SHANE & ASSOCIATES Architects, Engineers 201 W. Main Street Salem, Virginia 24153 V~d;e Y¡e~ Date: ////1/£6 Sheet No: Scale: Project No: ~ # F[)-~ E)tHIEIT A LEGAL p'ÉsêRìp'TÏ8N- .. . . "'.:!" TY"~.,'~..xt~ ~ -f All that certaÎ111út or parcel of laI1d, lying and being in the County of Roanoke~ State of Virginia, and more particularly describêd as followg~ to..wit: t:-I BEGINNING at an iron on the northwest side of Virginia Route No" 117 at tl1e eastermost comeT of a O~569 acre parcel conveyed to Roy L~ Tolbert, et \lX. by deed dated MarcIl 15·, J966~ aDd recorded in the C1etk's Office of the Circuit Court of Roanoke C01lnty, Virginia, in Deed Book 800, page 585; tl1ence with ilia northeasterly line of said Tolbert property N. 33Q 56' 30" W- 248.29 feet to a point; thence N- 55° 301 lOCI E. 200.0 feet to a point~ thence ¥lith a new divisiDn line through the property ofBTanch & Associates, IncorporatetL S. 33Q 561 30" E. 250.23 feet to an iron on the northwest side of Virginia Route No. 117; thence with the line of Route No.1 17, S. 56tt 03' 30" W. 200.0 feet to the pla.ce of BEGINNING, and containlng 1.14 acres, n10rc or 1ess~ and being sho'Wn on a plat by T. P. Parker, C..L.S.~ dated January 15, 1971; and being tIle sanle property conveyed to Bluestone Industries, Incorporated by deed dated May 3 J i 1991 from Kevin Forbes, et a1s:. Trustees of Construction and Genera] Laborers Local Union No.. 980, a1"\ unincorporated association. recorded in the Clerk"s Office of the Circuit Coun of the aforesa.id County jn Deed Book 1343 at page 793.. INSTRUMENT 1200514390 RECORDED IN THE ClERK"S OFFICE OF ROA~lOKE COlINT~' O~J RUGUST 25! 2005 AT 11:37AM ~313.ØØ GRANTOR TAX WAS PAID ~S REQU!RED iY s~C 58.1-802 OF THE VA. CODE STATE! $156.5Ø LO~4L: $15 ~e STEVEr~ A. MCGRAW, CLERK ~.:ECORI1ED E:V: FF~S .. I!IIII K'N~EY, SHANE & ASSOCIATES Architects, Engineers 201 W. Main Street Salem, Virginia 24153 v/~~ t:Z¡E. e&v~ Date: I~J7/~ Scale: Sheet No: Project No: ðGf£- ÃI po-¥ County of Roanoke Community Development PJanning & Zoning For Staff Use Onl f2- 0 S-(;JX~ol3 F-~ Date received: Received by: '¡'vj 1\ 11. 3{úî I 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: PC/BZA date: Placards issued: BOS date: Case Number . .. . . . . . . .. . ~ . .. ~ . . 4 .. r r .. ~ _. .. . . I .. .. . . ~ . .. ~ _ . . . . . .. .. . ~ . . . . . . . . . ~ . r . . ~ ~ . . r . . . . ~ ~ ~ . ~ _ ~ . . . . . . . . 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Natt, Esq. Cell#: Fax No.: 725-8180 725-8180 Owner's name/address w/zip Phone #: Friendship N1anor J\partment Vi Ilage Corporation Work: CINTJ\CT : EcÞNa rd A. Na t t, Esq. Fax No. #: 774-0961 725-8180 725-8180 774-0961 Property Location 6509 carefree Lane 6920 Wi II i amson Road Tax ~ap No.: Part of 27 '" 17-04-13 and entire 27.14-02-07.0~ Size ofparcel(s): Acres: 3. 564 + /- Magisterial District: He II ins Community Planning area: Ho I I i ns Existing Zoning: R3C Existing Land Use: Assisted Living · ~... ~ I.."...... +... ~~. ~.... r....... r r.............. r ~ + r.'. ~"~. r" r. 4 ~ ~. ~"~.. 4. ~ ~.." ~................ + +. ~ 4" ~ 4... + ~ ~ ~. ~.~. _4' + ~... ~... r.... + ~.. ~ ~ r r." 4..." ~.. ~ + ~. ~.. ~.... ~........... r r~.. r. + ~.. ~. ~ ~..."... ~........." ~.. ~.. ~ ~ r.. r r...... r ~. 4........" ~".. r. r' 4 ~..... ~ ~.. +..... ~.. f~j~JEiWi@g~j);G~;JifAll;i.rtf;!6H~j~lJljtM}~~¡11~W;hWft;iAtjiic~~:\Wj;ii~¡j~ì~\:]~~iiG:l~~i;1tJ[~t~J.;~~~¡~¡t~Wi%@W;¡~]];il£¥li)lirW~]~~~;Fi}6\~s:~:~t¡~{~%i~iMi:::;: ¡~¡~$B*g~;~J~Jgi)!:£!?;&tØtfigf?lt~£:&tHrft~~i/rrYf[t:e~~¡$~rg[~i::~:~;gfr~;$)r+!$~!~~~(::~~~ft1f8;f{::~!~ffr~9f~rrj~i~ttf~.4:::~;~*,f~~;tg~~~~'8jk:::~irrt9fi~¡~~~i~I~:. Proposed Zoning: C- 2 Proposed Land Use: Assisted Living Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Uoes the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A V ARIAN~E IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No ".................... ~......... ~.... ...." r' _ ~"'.. ~ ~. ~..... r"........ ~ _...... r. r... ~........".. ..... ~.......... ~........... r+....".........""".. r.... ~..................... r... ".. +. _..... ~ _". ~ 4 ~ r. 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V ariancelW aiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLI CATION WILL NO T BE AC CEPTED IF AN\' 0 F THESE ITEMS ARE MISSING OR INCOMPLETE. RISIW/CP V/AA RlS/W/CP V/AA RISIWICP V/AA ~ ConsultationCi~;,./ êii 8 1/2" x 11" concept plan v' ~ AppIicatioD fee \,/ X Application'/ . X Metes and bounds description \,./ Proffers, if applicable X Justification'¡ Water and sewer application X Adjoining property owners ,/ I hereby certify that I am either the owner of the ro erry or the owner' s ~8...ent or contractjJ)U"chaser an~ é!2!!P.&. ~ith the knowledge and consent of the owner. FRI P AH vi Ll..J\GE lU<H.J<A.TICN B : ¿atrlJ Owner's Signature Community Development ç-~ 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 Conunission 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 Conunission 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 sžtuations 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 conunents and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 FR I EN:>SH I P f\I\AKR APARTh'BIT V I LLICé CIRRRA.T I ŒJ Name of Petition -4/~/cÞ--, Petitioner's Signature //-- Z J--tI J Date ~-~ JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR WAIVER REQUEST Applicant: FRIENDSHIP MANOR APARTMENT VILLAGE CORPORATION 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 proposed rezoning will bring the existing use of the subject property into conformity with the rest of the development owned by the Applicant. The parcels sought to be rezoned contain a portion of the assisted living facility. No changes will be made to the existing facility or on the property. The sole purpose of this rezoning is to bring the property into conformity with the existing use. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The general guidelines and policies of the Roanoke County Community Plan would further the request in that the zoning of the property should be appropriate for the existing use on the property. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The rezoning will have no impact on any of the community facilities, as there will be no construction undertaken. f:-J \. ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Tax Map No.: Present Zoning: Tax Map No.: Present Zoning: ApplicanUOwner Name: 6509 Carefree Lane Building: Regency III Apartments Roanoke County A portion (3. 564 acres) of 027.17 -04-13 R3C 6920 Williamson Road Building: Steel Frame Shed (Service Garage) Roanoke County 027.14-02-07.03 R3C Friendship Manor Apartment Village Corporation 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: Official Tax Number 027.13-05-05.00 o Burlington Drive 027.14-02-07.01 7301 South Barrens Road 027.17-04-13.01 775 Dent Road 027.17-04-15.00 6491 Carefree Lane 027.17-04-16.00 o Carefree Lane COUNTY OF ROANOKE Owners Name and Mailina Address Harold F. Trent, Jr. and Cheryl Trent Tickle 408 High Street Salem, VA 24153 Peters Creek II Associates, LP clo VHDA Attn: Tony Webb 601 South Befvidere Street Richmond, VA 23220 Dent Road LLC 2609 McVitty Road Roanoke, VA 24018 MPW Group LLC 1237 Southside Drive Salem, VA 24153 \\JOlL y\SYS\US E RS\CBaumgardner\ZON I N G\F R IEN DSH IP MAN 0 R\APO .doc Page 1 of 2 r-:Z COUNTY OF ROANOKE Official Tax Number Owners Name and Mailino Address 027.17-04-14.00 6503 Carefree Lane Robert W. Woodward 3322 Brambleton Avenue Roanoke, VA 24018 027.17 -04-19.00 o Carefree Lane Friendship Manor Apartment Village Corporation P. O. Box 5009 Roanoke, VA 24012 027.18-01-36.00 6630 Pendleton Avenue Norman R. & Barbara D. Young 6630 Pendleton Avenue Roanoke, VA 24019 \\..1 OlL y\SYS\U SE RS\C Baumgardner\ZONIN G\FRI EN DS H IP MANOR'APO .doc Page 2 of 2 F-c} Comm: 05-364 The following is a deed description for property of Friendship Manor Apartment Village Corporation being a portion of Tax #27.17.04-13 and Tax #27.14.02-07.03 to be rezoned from R-3 to C-2. The description is as follows: BEGINNING at Comer #1, said point located on the easterly boundary of property of JGM Partnership (P.B. 13, Pg. 82), said point also located on the southerly boundary of Tract C, property of Peters Creek II Associates, LP (P.B. 16, Pg. 123); thence leaving JGM and with Peters Creek II Associates, N 49° 45' 19" E, 756.02 feet to Comer #2, said point being the southeasterly comer of Tract C, said point also being the southwesterly comer of Tract D P .B. 20, Pg. 131), Peters Creek II Associates, LP; thence leaving Tract C and with Tract D, N 61 ° 51' 54" E, 124.46 feet to Comer #3; thence continuing with Peters Creek II Associates, LP, S 40° 15' 01 "E, 74.47 feet to Comer #4; thence leaving Peters Creek II Associates, LP and with the property of Friendship Manor Village Corporation, being the northerly boundary of Parcel 1 (P.B. 24, pg. 68); thence S 36° 34' 04" W, 417.10 feet to Comer #5; thence S 33° 30' 06" W, 114.00 feet to Comer #6; thence S 36° 20' 06" W, 188.00 feet to Comer #7, said point located on the property of Norman R. and Barbara D. Young; thence leaving Young and with a zoning line through the property of Friendship Manor Apartment Village Corporation, N 79° 22' 20" W, 223.02 feet to Comer #8, said point being the northeasterly comer of property of JGM Partnership; thence continuing with JGM Partnership, N 61 ° 40' 30" W, 105.57 feet to Corner #1, the place of BEGINNING and containing 3.564 acres. 'I"""""'" ~ l' bn cd ~ ~'; ~ e ~Ig & 0 ~. ~ 11 0 II IE J ) , ," I .- '-1 , f fi j \ ¡ ~!. ;1; \ ~l i, , , I \ , \ rJ':) ~ cd S t .cð 'E ~ , !~ J i~- ¡ ---..-...-...-II¡....-........ í --..------1 : I J : J I ( . i :i ¡ f : i f : i f ,.... ... t'" ....-......'" .1 ¡,J F-~ ...~ " 1.., 1.., \~ '~ ," "." frDM -jo-/I./§¡QI ,(8)11 ~/KJcY :rn a '( 0 IJ I N 0 sn '( /7 7/ M ~ F'~ ) c...., "~E-1 ~ l"I ~~ ~ ~I ¿ ~~t;~ ~ ~~-~ "'~D~ o...~~~ ~ I<) r!.. 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"Ï:t 1§ '" ~ CL 8' / / Co<') / / ~ / / ~ / / / / / / / \ w to :::> 0 Z v w N > < ~ Z Z o - I-O"ü w\.O~ ë3~> ::E N w'" ~x:::.::: 00 CQcoz 'V -< \.000 ~~Ct::: UU) .0::: ~W ...z (f)z w< f-.....J <J; 00:: o~< (f)Wz U»_ ~O:::a ~:::>o::: ZU)- ch> W 0::: - CW~ Cl)Wo ~~z ~a< ~zo ~WO::: N of MERIDJA PC 68 ~ ~ld'8UOZ 8J·t.OZ J"9C~O , fz -OSO;)q 30 County of Roanoke Community Development Planning & Zoning For Staff Use Onl f-3 Date received: Received by: Application fee: PCIBZA date: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Placards issued: BOS dale: Case Number Check type of application filed (check all that apply) Rezoning 0 Special Use 01 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Appl~~ants name/address w/zip E r i ~ Ea ne s , Todd Conner-Contract PUrChê1'Ser 1202 Electric Road, Suite A Phone: Work: CelJ #: Fa.x No.: iR7-l)R()() 387-5811 Drive Phone #: Wark: Fax No. #: Property Location Magisterial District: H 7656 Williamson Road Community Planning area: Tax Map No.: Existing Zoning: Size ofparcel(s): Acres: i ting Land Use: :~i~~ì~iri~lÎfjJ¡'itlm~1~i.~~fi~:~~I~i¡#~i~~J,,~i~,fj0~~~~iti~~%~;~{t Proposed Zoning: R - 3 Proposed Land Use: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ex No 0 IF NO~ A VARIANCE IS REQUIRED FIRST~ Does the parcel meet the Ininimum 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~~:~~~ V arianceIW aiver of Secti on( s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke COUllty Zoning Ordinance Appea] of Interpretation of Zoning Map to Is the application co]nplete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SIWICP V/AA RlSIW/CP V/AA ~ Consultation ~ 8 1/2" x 11 tt concept plan App1ication Metes and bounds description . Justifica~on Water .ajl4;£ewer .~ppiica~ I hereby certify that I am eIther the owner of the property or~wner~p'. . of the owner. ./ o#2J.../ . ... y~'-_ /' / ~çjZ· .' __ .., [ ~ /'~~ ~N77Z/fr:=,T RIS/W/CP V/AA Application fee Proffers, i.f applicable Adjoining property owners er and am acting with the knowledge and consent Owner's Si gnature 2 'f-J Applicant Eri ç Eanes & Tl]rfrl (;onner The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to detennine the need and justification for the change in tenns 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 Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. See #1 attached Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. See #2 attached 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. See #3 attached 3 r"_1 mSTJFICATION FOR REZONING #1 Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This project furthers the purpose of the Roanoke County Zoning Ordinance in several ways. This development provides a convenient and attractive development that is in harmony with the surrounding area. It encourages economic development by providing a convenient, accessible parcel of commercial land suitable for the development of small businesses along Williamson Road. This development also provides and meets a specific housing need by providing attached (town house style) patio homes. It does not affect any historic site or sensitive natural resources. The project furthers the purpose of the R-3 District by providing attractive medium density residential development in an area where such development is appropriate. It is located in an area that transitional uses are appropriate, an area where residential, commercial and industrial uses are within the same area. This development provides a buffer between less dense R -1 zoned property and the adjacent commercial and industrial property. #2 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This project contributes to the community plan for the Hollins Community Planning .Areas in several ways. This development meets the community values set out in the Community Plan by providing a well balanced mix of business and residential development. This development allows for the opportunity of commercial growth along Williamson road and it does not impair the view shed of Tinker or Read Mountains. This project does not involve the removal or destruction of any historic home sites. This project meets the general policies within the Community Plan. It respects the view sheds of Read and Tinker Mountains. This project also respects the natural topography of the site by allowing it to dictate the development's layout and housing style. This project will attract business opportunities by having an easily developed commercial parcel located along Williamson Road suitable for small business development. This development provides a natural buffer of medium density developement between the commercial/industrial areas and the family residential areas.· #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. This development will have minimal impact on surrounding properties. It will provide a natural transition between the adjoining single family residential and the commercial/industrial property. This project will have the nonnal development impacts on the water/sewer, schools and roads of any r''- ~.."", ·'~'··1 I .. ~ .-, III residential development a This project will be a great asset to the Hollins area. By meeting the goals of the Community Plan, this development will provide a well balanced mix of commercial and residential development that respects the environmental concerns of the community. ~_. 3 .... ..\........ ".I;" ~ ~ ~ (::~: - -....-·.-.·0·.-.. .... < .:(.:~.:>::~ '"\>;/T ';, . , , " J ~ ... .. i{'i)¡~;',,:tJ:g~á'i¿i;:;~ ::;~!i:i;;;%~~Îi¡\'i{:i,,~!~;i?['mijji'~'~i,\tf~1t¡:1i:~it~~' !¡;j~~~;¡'¡~,í'~¡ijm:ll 1~1~~'!f(§JI~~I~:V~1¡í;i¡¡j¡lj~I' , '~:-.;~-: :::: ::::;':-:..:.:.: :: . ^ -,". _..".", A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered.. Further, the plan shall address any potential land use or design issues arising rrom 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 permit. Site plan and building permit procedures ensure c~mpliance 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 perrmt or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site plarmer. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS ~ a. Applicant name and name of development ---X- b. Date, scale and north arrow X c. Lot size in acres or square feet and dimensions -X d. ---X- e. Physical features such as ground cover, natural watercourses, floodplain, etc. -X f. The zoning and land use of all adjacent properties --X- g. All property lines and easements -X h. -X l. ---X- J . Location, names of owners and Roanoke County tax map numbers of adjoining properties 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 Additional inforn1ation requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS ~ k. -X 1. X m. X n. --X- o. ~ p. ~ q. Existing utilities (water, sewer, stonn drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule //-~.3 -00- Date 6 F--3 Community Development 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 pl~ing staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRA.FFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Pennit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 Date F-3 Community Development . Planning & Zoning Division " POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses: · Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units · Restaurant (with or without drive-through windows) · Gas station/Convenience store/Car wash · Retail shop/Shopping center · Offices (including: financial institutions, general, medical, etc.) · Regional public facilities · Educational/Recreational facilities · Religious assemblies · Hotel/Motel · Golf course · Hospital/Nursing home/Clinic · Industrial site/Factory · Day care center · Bank · Non-specific use requests Road Network Situations: · Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11,24, 115, 117,460, 11/460, 220, 221, 419, etc) · For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly · When required to evaluate access issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) · Development in an area where there is a known existing traffic and/or safety problem · Development would potentially negatively impact eXisting/planned traffic signal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day }: -. 3 LEGAL DESCRIPTION - for R-3 Portion of Tax #27.11-01-25 Beginning at a point on the easterly side of Coopers Lane, 275 feet northerly from the northerly side ofU. S. Highway No. 11, thence along the easterly side of Cooper's Lane, N 20°50' W, 287.0' to a point, thence N20000'W, 647.7 feet to a point; thence N77°20'E, 436.4 feet to a point; thence S17°35 'E, 584.6 feet to a point; thence N68°55'E, 50.09 feet to a point; thence SI7°35'E, 288.64 feet more or less to a point; thence S69°00'W, 442.79 feet more or less to the point of beginning and containing 8.92 acres more or less and being situated in Roanoke County, Virginia. w ~ II: W ....a. ~~ 53 ~g 3;::; 1/1 ~t/' ;¡ Z ~E ~ ~! I i ~~ ~ 1/1 !~ ~ Q~ ~ ~f ~ g ~ .~ % ! ~ ~i !?!i ~.52 ZI:I:: :;¡:, ~g ~Iii 1:1::1:; ~~ ~~ i B 1t: § ~ "" 0 ~ ê ~ ~: ~~ w :z:!:! ~ ~~ -~~ :i ì I~ ~~~ ~S~ ë'öt! ê~~ ~~I IIJIww ~CÞa: ~2e :~;e; 9!1f ~Iun "flNIC)81^ 'A.1Nno:J 3>iON'V08 i~!1 SNl1lOH ~ 0 J I. I ! , 0 11111 NVlHd30NOO ~ r---: f~ .. ~ i 1-~ ; 'il ' (" lih ~ ~ ~ LO i ~ ~¡II !~~~ ltil rllli f'· D ;... Ó C\J Jh z 11 IWi NOISI^IOSnS O'VOtl NOSVWllll 0 ªJi~ ill! !Il~ I ~ r- 0 u IH ! :r: L!) u 0 a: ~ I C,J ~~ X I!"" ~ A -s (.) '\, ! _.J I f j ) / -"",,,,. t'-"" ..," -.. -- - -........ ...-..- ...- ·i 'Q'INIÐI::II^ 'A..1.Nno:J 3>101\1\1'01::1 :"""'I '.....~ 0 .. SNnlOH ¡ "1·' 0 ~;¡& I 1 I I r--.: I 'Ii 1 dV'V'l ÐNINOZ '11 SNOllION08 x31 I,{') ~fii 'I , ! r· lih :; ~ N 0 Ii·· IIIII !¡II 1!la NOISIAlosns OV01::l NOSI^J\fllìIM I ~ C\J 0 !hl Vi I,{') ªil~ ~ 0 íU ! ,h r:I: -. \ ,- I ) i I ............ -- ..+....- .... - --.." ",-- --', \\. --...... ." , , " '., \, " '\ '\. " '-, ._~\ , , ,/ ì i I j ",'" ....--/ ~.....~. ....... - - -----_..' ----..-.. -. ~- ... --.--....'"- ~..... ---.--- ;' I --..--/ ..~_._-....... .......~ ....... .......-a.____ _ .... .......- ~_. -'- "- - -' - _....:.: - -'- -.-..... ~...~ ...---. ..---. .............. - - ---........., .....,.....- - - --- -. .~....... ./ ,..~_........... " , ...... ACTION NO. ITEM NO. µ - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 AGENDA ITEM: Second reading of an ordinance authorizing conveyance of an easement to Verizon Virginia, Inc. on property owned by the Board of Supervisors to provide telephone service to the new Public Safety Center, Catawba Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Verizon Virginia Inc., acting through its subcontractor, T.E.C., Inc., has requested a 15 foot wide utility easement for the placement of utility poles on the property of Roanoke County at the site of the County's new Public Safety Center. These poles are necessary to bring telephone service to the Center for the operation of the County's Emergency 911 Center. Therefore the easement is a necessary component of the construction and equipping of this facility. STAFF RECOMMENDATION: Staff recommends the adoption of this ordinance to convey an interest in Roanoke County property to Verizon Virginia, Inc. in accordance with the provision of the Roanoke County Charter. H- ! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20,2005 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO VERIZON VIRGINIA INC. ON PROPERTY OWNED BY THE BOARD OF SUPERVISORS (TAX MAP #036.16-01-11.1) TO PROVIDE TELEPHONE SERVICE TO NEW PUBLIC SAFETY CENTER IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, Roanoke County is constructing a new Public Safety Center on Cove Road and requires telephone service to this building; and, WHEREAS, Verizon Virginia Inc. (Verizon) requires a 15' right of way and easement for placement of utility poles along Cove Road through the Roanoke County property, designated on the Roanoke County land records as Tax Map #036.16-01-11.1 and located at 5925 Cove Road in the Catawba Magisterial District; and, WHEREAS, the proposed right of way will serve the interests of the public and is necessary for the public health, safety, and welfare of citizens of the County of Roanoke. 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 ordinance. A first reading of this ordinance was held on December 6, 2005, and a second reading was held on December 20, 2005. r{- ( 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 declared to be surplus, and are hereby made available for other public uses by conveyance to Verizon Virginia, Inc. for the provision of telephone service, also designated as a communication system, in connection with Roanoke County's construction of the new Public Safety Center at 5925 Cove Road in the Catawba Magisterial District. 3. That donation to Verizon Virginia Inc. of an easement and right-of-way for placement of utility poles and related equipment, within the u15' VERIZON EASEMENT" on the County's property (Tax Map #036.16-01-11.1) extending along Cove Road in the Catawba Magisterial District as shown on Verizon Drawing No. PAOHBCC-88573-R, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 4. That the County Administrator, or Joseph B. Obenshain, Senior Assistant County Attorney, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 H --.- Exhibit" A" LD Vi: JZÌ). , .,l; ~1112J P¡lI'-\ - 0 PIlJlÞ ~\ 'I( ~ - --- ....- - - 0 - - - - - - .- -- 0 --0 - - ~O~ - - - - - - - -- - - .... - - - D.f.»'JTE~ IS; vE.!.Jz.L),J E:ASE'lfÄéfJT ~ f'fflI ~ ~ ~ ~ Q ~ ~ AMlT TO ~U; SITE PLAN REFERENCE: VERIZON VIRGINIA INC. RIGHT-OF-WAY EXHIBIT "A- OWNER: Roanoke County P.O. Box 29800 Roanoke, Va. 24018 COUNTY Roanoke TAX MAP NO. -~~-R-....- DENOTES P AND/OR PROW - - - - LIMITS OF EASEMENT MAGISTERIAL DISTRICT CONTACT TEL. NO.: (540) 772..2004 Hollins EA.: D. Michael Davis GRANTOR: SH E-W N-S PHONE NO.: (540) 562-4600 Joseph B. Obenshain Senior Asst. Co. Att-¡. NVSM PG.-L OF -L CENTRAL OFFICE: 4A14108 Cove Road GRANTOR: FILE NO. I PAOHBCC-88573-R SH£cr J./- of '+ "' ACTION NO. 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: December 20,2005 AGENDA ITEM: Second reading of an ordinance authorizing the acceptance of a donation of an easement from Occidental Development, L.L.C., for construction of a drainage easement at Sunscape Apartments, Cave Spring Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney Elmer C. Hodge {)I County Administrator APPROVED BY: COUNTY ADMINISTRATOR1S COMMENTS: SUMMARY OF INFORMATION: The Department of Community Development has undertaken a project to improve the stormwater drainage situation in the area of the Georgetown Park subdivision off Colonial Avenue in the Cave Spring Magisterial District. In the development of the engineering plans for the stormwater drainage improvement in the Georgetown Park subdivision, County engineers determined that provisions were required for collecting such drainage from a portion of the property of Sunscape Apartments. After lengthy negotiations with County staff, Occidental Development, L.L.C., the owner of Sunscape Apartments adjacent to homes in the Georgetown Park subdivision, has agreed to donate a small triangle of land for this easement. This variable width drainage easement of slightly less than 3,000 square feet will permit the construction of a concrete channel in the location of an existing natural drainage channel. Staff has been involved with the design of this easement and recommends acceptance of the donation approval of the attached ordinance. FISCAL IMPACT: None AL TERNATIVES: J.-~ - ~ 1. Approve the attached ordinance authorizing the acquisition and acceptance of a donation of a storm water drainage easement from Occidental Development L.L.C. 2. Do not approve the acceptance of this easement. STAFF RECOMMENDATION: Staff recommends Alternative 1, approval of the attached ordinance authorizing the acquisition and acceptance of a donation of a stormwater drainage easement on the property of Sunscape Apartments. \-t- ;), AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMJNISTRATION CENTER, TUESDAY, DECEMBER 20,2005 ORDINANCE AUTHORIZING THE ACCEPTANCE OF A DONATION FROM OCCIDENTAL DEVELOPMENT, L.L.C. OF AN EASEMENT FOR CONSTRUCTION OF A DRAINAGE EASEMENT AT SUNSCAPE APARTMENTS WHEREAS, the Roanoke County Department of Community Development has plans for the improvement of the stormwater drainage situation in the area of Georgetown Park subdivision in the Cave Spring Magisterial District of the County, and, WHEREAS, successful completion of this project requires the acquisition of a variable width drainage easement and construction of a concrete channel on a small area of approximately 3,000 square feet on the property currently occupied by the premises of Sunscape Apartments; and, WHEREAS, Occidental Development, L.L.C., owner of Sunscape Apartments, has offered to donate the area required for this variable width drainage easement to the County and the Department of Community Development has recommended acceptance of the property; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on December 6,2005; and the second reading was held on December 20,2005. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to accept the donation of an easement for drainage of approximately 3,000 square feet, designated and shown as 1 )-t·- .) "PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT" upon the "PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY OCCIDENTAL DEVELOPMENT, LLC," and being a part of that parcel of real estate, located in the Cave Spring Magisterial District, Roanoke County, previously conveyed by deed (Roanoke County Tax Map Parcel # 77.11-091-55.00) recorded in the Clerk's Office of the Circuit Court of Roanoke County in Deed Book 1296, page 37, a copy of which plat is attached hereto as Exhibit A, from Occidental Development, L.L.C. 2. That the County Administrator or an Assistant County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition and acceptance of this property, all of which shall be approved as to form by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. 2 ...... ~ L2J NOTE: METES AND BOUNDS DESCRIPTION SHOWN ON 1HIS PLAT REPRESENT A COMPOSITE OF DEEDS. PLATS, AND CALCULATED INrORMA 110N AND DO NOT REFlECT AN ACCURA 1E BOUNDARY SURVEY. TAX # 77.11-01-55.00 PROPERTY OF OCCIDENTAL DEVELOPMENT LLC TRACT 1 A ..\'3.10 0.8. 1296 PG.J7 ,3". 24.35 Ac. J-" 0o~ .c.9<" C'- / / / / / J'0/ _[,.....>0.0, ¡ 1" ....-...........~~ . ./ /~ ..-.f'! / / t .:r ......~..... .J / / / EXHIBIT A H-·i ~ Q.. ~. ~ ~ ~~ ~ ~Qj Çt:fl.: ~ ~~ PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT PROPOSED CONCRETE CHANNEL (IN SAME LOCATION AS EXISTING NATURAL CHANNEL). )"' " ~ ~ 1l- TAX I 77.10-03-18.00 PROPERTY OF EUGENE ~ ~ BARBARA D. CATON LOT 12 BLK. 8 SEC. 2 0.8.1147 PG.624 0.244 Ac. PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT _r (AREA= 2950.18 S.F. 0.0677 Ac.) .. DRAINAGE EASEMENT PT. BEARING 1- 2 574-34'30"[ 2-3 501-53'37"E 3-1 553-34'OO"E DI5TANC 116.29' 53.15' 141.52' AREA= 2950.18 S.f". 0.0677 Ac. EXHIBIT A ....... ""~,)....... .,...., ./' PLAT SHOWING DRAINAGE EASEMENT BEING CONVEYED TO ROANOKE COUNTY BY OCCIDENTAL DEVELOPMENT LLC ROANOKE COUNTY TAX MAP PARCEL # 77.11-01-55.00 SITUATED ALONG COLONIAL AVENUE 0 'ß0~. CAVE SPRING MAGISTERIAL DISTRICT ROANOKE COUNTY. VIRGINIA SCALE: ,"= 50' DATE: SEPT. 16. PREPARED BY ROANOKE COUNTY DEPARTIŒNT OF COIÐWNITY DEVELOPMENT ACTION NO. ITEM NO. T\-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge l fI County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Length of Service Award Program (LOSAP) for Fire and Rescue The following four-year terms will expire on January 1, 2006: (1) Leon Martin, Volunteer Member at Large; (2) Mike Gee, Volunteer Fire; (3) Craig Sheets, Volunteer Rescue Squad; and (4) Brian Garber, Volunteer Member at Large. Members of the LOSAP are recommended by the Volunteer Fire and Rescue Chiefs Board and confirmed by the Board of Supervisors. Recommendations have not yet been received from the Chiefs Board regarding these appointments. 2. Southwest Development Financing, Inc. The two-year term of Wendi Schultz, Tourism and Event Coordinator for the Parks, Recreation and Tourism Department, will expire on January 12, 2006. Ms. Schultz has advised that she is willing to serve an additional term. J\-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20,2005 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 December 20, 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 2, inclusive, as follows: 1. Approval of minutes - December 6, 2005 2. Acceptance of a portion of Innsbrooke Drive and Hanging Rock Court into the Virginia Department of Transportation Secondary System 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. ,,1- 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Acceptance of a portion of Innsbrooke Drive and Hanging Rock Court into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Hanging Rock Estates LLC, the developer, and the Fidelity and Deposit Company of Maryland, the bonding company, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.12 mile of Innsbrooke Drive from the intersection with Carleton Drive to its southern cul- de-sac, and accept 0.05 mile of Hanging Rock Court from the intersection with Carleton Drive to its cul-de-sac, both streets being a part of the Hanging Rock Estates development. Staff has inspected these roads, along with representatives of VDOT, and finds the roads are acceptable. FISCAL IMPACT: No County funding is required. s-.:z STAFF RECOMMENDATION: Staff recommends that the Board approve a resolution to VDOT requesting that they accept a portion of Innsbrooke Drive and Hanging Rock Court into the Secondary Road Systema 2 .J=~ \ THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 20th DAY OF DECEMBER, 2005, ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF A PORTION OF INNSBROOKE DRIVE AND HANGING ROCK COURT 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 .. . c..i co en I Q) -0 -!.. :J U Q) .J:: +""" ~ j z._ Q) J .J:: ......, L-- OJ ..c ro o :J +""" c- U Q) o -5 c: N .- ~ o +""" ...--.. CD CO ~ ~ t- e:: '-"'" e:: o c: o +""" Q) 1:: ctJ Ü ~ ~ -I -- o -I ... c Q) E .c o to' ~ en to ;; .r: ::r: Q) ro èi5 '+- o V') ~;§ 1i5~ .....c C/) to "'0 C o o Q) CIJ Q) .r: ........ ;; C) 1õ o 1: CD E i .5 ~ f :J (f) o o ...... 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"¢ U) m C) m Q.. x o o CD ~ Q) Q) c Ë {1 ~ ~ <D Q) D G; c.. x o o m "CI m CD a, Q) m Q "C G) 'E o o II) 0:: t- .......-f o C) en CI:I ..! :i ëü .~ CD C) cu Q. ..11!: o o CD ~ CD II C ai en ÐJ c ë 'C "C C cu :d ¡,: iii ã iD ñi o "C II) 'E o o G) a: ~ ~ ... .E en ë CD E s: cu II) ~ : en II) o at c >. c: nt Õ II) > ,i; :J Õ )( II) >. ; Õ E en 1: Õ S "C .~ 'tJ II) II) 1: f ca ::J (!) it) .e o z t--. èj l> .c ro "C G.I 16 o ~ .£ ë C) ~ ~ 10 u ~ .g 1: III Ü -= ~ Õ <: t I.L CD o : z Vol o UI ~ -g (.) !E ~ B æ en ~ ë Q E ~ o tV ~ rg CI') ~ to- ,J=~ '\.., ~ ¡:: 6!1 CD E m ;ß N -I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA °/0 of General Amount Fund Revenues Prior Report Balance $11 ,808,285 7.57°/0 Addition from 2004-05 Operations 1 ,103,457 Audited Balance at June 30, 2005 12,911,742 Unallocated revenue 2005-2006 350,000 Balance at December 20, 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 7.50/0-8.5°10 of General Fund Revenues Submitted By Approved By 2005 - 2006 General Fund Revenl $156,020,489 7.5°/0 of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 Rebecca E. Owens Director of Finance Elmer C. Hodge £/1 County Administrator N-Q COUNTY OF ROANOKE, VIRGINIA CAPIT AL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount Audited Balance at June 30, 2005 $5,318,848.06 Remaining funds from completed projects at June 30, 2005 346,794.94 Transfer from Department Savings 2004-2005 784,359.00 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 December 20, 2005 $6,124,462.00 $5,000,000 of this reserve is planned for radio purchases in the CIP Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opporlunities.) Unaudited Balance at June 30, 2005 $1 ,416,838.00 7/1/2005 Capital Improvement Program funding for 2005-06 (Library) (1 ,416,838.00) Appropriation from 2004-05 Operations 679,628.00 Balance at December 20, 2005 $679,628.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ( µ.. County Administrator 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 December 20, 2005 $73,200.00 N ",,- /~. /'J Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ê If County Administrator N-~ FUTURE CAPITAL PROJECTS COUNTY OF ROANOKE, VIRGINIA Unaudited Balance at June 30, 2005 $ 6,242,387 FY 2005-2006 Original budget appropriation 2,000,000 Less increase in debt service (3,424,615) Add Economic Development Dropoff 524,000 (900,615) FY 2005-2006 Annual Capital Contribution County 300,000 Schools 300,000 600,000 Balance at December 20, 2005 $ 5,941 ,772 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge l' If County Administrator ACTION NO. ITEM NO. ~-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 AGENDA ITEM: Accounts Paid-November 2005 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge é' If County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,651,909.12 Payroll 11/4/2005 916,848.41 119,739.77 1 ,036,588.18 Payroll 11/18/2005 894,360.81 113,818.96 1,008,179.77 Manual Checks 2,082.39 2,082.39 Voids Grand Total $ 6,698,759.46 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. Vì f\I -lo 0 0 ~ C""'I - N aJ ~ bJ) ~ ..Q ~ 0 œ .... \0 QC "'1:1' QIO ~ ~ a Q ~ \0 r- """ lr) 0 00 00 r- N lr) lr) a-, a-, 0 ('1"1 ('1"1 0 """ N a-, 00 """ ~ 1:1 :s r- oo ~ ,...¡ N ~ ,...¡ C'f"'! 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"CI C ::I '- ~::~~888~88888~88888~8~~~~~~~~~~S~~gg N V) 0 0 ~ rr¡ § II) II) ~ ~ ¡::¡... 0 ~ ·c .6iJ s.. ;; i o c ~ ~ c...: o Þ c = o U {I::I Q. = c Q. ~ ~ N-Ça ~ ~ ~ '= - ß : ~ t ; ~ ~ -g ~ ~ ~ ~ ~ ~ ea i ~ ~ ~ ~ !! = ea ~~ 'i) Q <= § -; E (,J < "'0 C ~ "'0 ~ ~ ~ {I::I ~ '- o "C ~ "C = ~ "C = ·C ~ ;: = ~ 'i) Q ~ ;: '"' ~ - ~ r:.D "C ::I ~ ë Q. ë ~ ~ 00 I"Q 0 0 V) N 0 " Õ 1:1 V) S :I ~ 0 'ii .. G.I 1:1 ð ;E ª .... ..c -< ~ 't= E v > ~ ~ ~ v ~ 0 0 "C <a <a t::: .....:¡ = '" - ::I ~ ~ 8. ~ ~ ~ ~ ACTION NO. ITEM NUMBER (V-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 20,2005. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of November 30, 2005. SUMMARY OF INFORMATION: CERTIFICATE OF DEPOSITS: SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 100,000.00 GOVERNMENT: ALEXANDER KEY FED SUNTRUST 50,764,701.72 9,919,349.20 60,684,050.92 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 10,126,874.09 10,126,874.09 MONEY MARKET: ALEXANDER KEY FED BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST SUNTRUST - SWEEP WACHOVIA 9,158,277.21 2,018,553.09 1,007,233.04 2,665,189.69 7,198,647.64 2,383,954.64 24,431,855.31 TOTAL 95,342,780.32 12/09/05 PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop~Grumman Date Description Contract Amount Contingency 12/03/04 Opening Balance $ 26,030,769 $ 780,923 01/27/05 Change Order (001) 21,065 (2] ,065) 01/27/05 Change Order (002) . 53,835 - 01/28/05 Progress Payment #] (1,456,157) - 02/24/05 Progress Payment #2 ( 403,222) - 03/24/05 Progress Payment #3 (375,678) þ 05/13/05 Progress Payment #4 (855,272) - 06/10/05 Progress Payment #5 ( 40 1 ,2 1 0) - 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) 08/1 0/05 Progress Payment #8 (759,513 ) 08/23/05 Change Order (005) - Sewer Line Replacement 124,407 (]24,407) 10/05/05 Progress Payment #9 (774,442) ] 0/13/05 Change Order (006) - Convert Citations and Warrants Databases no cost ] 0/20/05 Progress Payment # ] 0 (664,909) 12/08/05 Progress Payment #] ] (1,196,297) 12/08/05 Change Order (007) - Minor Changes to Radio Equipment no cost ] 2/08/05 Change Order (008) - Additional conduits for redundant 911 feed no cost ] 2/08/05 Change Order (009) - Regrading slope from road cut south side of Cove Road 3,738 (3,738) ] 2/08/05 Change Order (0]0) - Coordination of sewer line with Glen Cove School water line no cost Balance at December ]5,2005 $ 18,790,675 $ 364,066 · 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, t J./ Elmer Hodge ('/ County Administrator ~-~ N-g PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA ~hanÇ)e 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 007 December 8, 2005 Minor changes to Radio Equipment specifications no cost 008 December 8, 2005 Additional conduits for redundant 911 feed no cost 009 December 8, 2005 Regrading slope from road cut south side of Cove Road 3,738 010 December 8, 2005 Coordination of sewer line with Glen Cove School water line no cost Total as of December 15, 2005 $ 470,692 Submitted By, Dan O'Donnell Asst. County Administrator Approved By, u Elmer Hodge ~ r County Administrator 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: December 20, 2005 AGENDA ITEM: Work session to discuss the County of Roanoke secondary roads system six-year improvement plan for fiscal years 2006- 2012 and review of the revenue sharing priority list for fiscal years 2006-2007, including potential increase in County matching funds from $500,000 to $1 million SUBMITTED BY: Anthony Ford, P.E. Transportation Engineering Manager Elmer C. Hodge t ;J County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following summarizes the changes made to this year's secondary roads six-year improvement plan, including the revenue sharing priority list and rural addition priority list. Roanoke County received $2.72 million in VDOT allocations during this current fiscal year for secondary road improvement projects. Roanoke County's budget for FY 2006-2007 is estimated to be approximately $3.08 million, an increase of nearly $360,000. Those funds will be divided into two funding categories in the six-year plan: (1) County-wide incidental improvements; and (2) numbered projects. Both of these are briefly explained below. Countywide Incidentallmcrovements: ($160,000 in FY 2006-2007) include any operation, usually constructed within one year, which changes the type, width, length, location, or gradient of a road, facility, or structure. It could also include the addition of features not originally provided for such road, facility or structure. Services included under this category include subdivision plan review, right-ot-way engineering, preliminary engineering and p-( surveys, traffic services, to name a few. Another item that has historically been included in this category is the rural addition program. This year, VDOT is not allocating any funds to the County for this program because as of January 1, 2006, the County is no longer eligible to finance rural addition improvement costs under the State's provisions. Staff will be present to further explain this issue and answer pertinent questions. The bulk of Roanoke County's allocation of funds, approximately $2.92 million, is for Numbered Proiects. For clarification, these are the projects commonly referred to as "being in the Six-Year Plan". Priority projects numbered 0 through 12, and 15 are scheduled to receive funding this year. They are: Hollins Road, McVitty Road, Old Cave Spring Road, Colonial Avenue, Buck Mountain Road, Cotton Hill Road, Mountain View Road, Boones Chapel Road, Catawba Creek Road, Dry Hollow Road, Merriman Road, John Richardson Road, Shadwell Drive (Old Mtn. Road), and Rocky Road, respectively. Roanoke County normally handles minor improvement items that can be completed generally within one year, such as drainage improvements, safety enhancements, and pavement overlays through our revenue sharing program. Staff will be requesting that the Board request the maximum potential allocation of $1 million matching funds for the FY 2006-2007 revenue sharing program from the Commonwealth of Virginia, with the possibility that this state funded program could only be $500,000. If in the future the County is notified that it is only eligible for $500,000 in state matching funds, staff can utilize the Board's prioritized list to determine which projects would then be eligible for the program. The complete secondary roads system six-year improvement plan for fiscal years 2006- 2012 and revenue sharing priority list for fiscal year 2006-2007 will be available for your review and staff will be available to discuss the Plan. FISCAL IMPACT: No fiscal impacts to County funds are involved at this time. STAFF RECOMMENDATION: The Board of Supervisors is requested to authorize staff to schedule a public hearing on the secondary road system six-year improvement plan for fiscal year 2006-2012 and revenue sharing priority list for fiscal year 2006-2007 on January 24, 2006. 2 Item P. 1 A complete copy of the draft Secondary Roads System Six- Year Imorovement Plan for Fiscal Years 2006-2012 and Revenue Sharina Program for Fiscal Year 2006-2007 is available for review in the Clerk's Office. '-, ACTION NO. ITEM NO. p- Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 AGENDA ITEM: Work session to discuss fiscal year 2006-2007 budget development SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge G }5" County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss items related to FY2006-2007 budget development. The following items will be reviewed in the work session: · Proposed Budget Development Calendar · Discussion regarding work schedule in the Community Development Department and request for additional staffing · Contributions to Community Agencies · Significant Expenditure Items · Update on C1P Review Committee p-~, County of Roanoke Contributions to Local Agencies The County of Roanoke considers funding requests from local non-profit organizations that offer services to the citizens of the Roanoke Valley. Each December, the Budget Office notifies local agencies previously requesting County funds on the application process and deadline for the upcoming budget year. The following information is required at the time of application: · Agency Name · Agency Contact (Executive Director, President, or Financial Officer) · Contact Information (Address, phone/fax number, and email address) · Agency Mission · Program Description · Copy of the most recent agency financial audit · Specific Request Amount Agencies seeking contributions from the County also have the opportunity to make presentations to the Board of Supervisors at a Spring budget work session. Several organizations in the Roanoke Valley have developed and adopted additional application requirements for community agencies making funding requests. In October, a memo was forwarded to the Board outlining these requirements as follows: 1. Organizations must develop a business plan that includes evidence of community involvement and an outline of long term plans for financial sustainability. 2. Boards of organizations must demonstrate engagement with their organization by certifying both financial commitment (1000/0) and annual average attendance (75°~). 3. Organizations must agree to an annual site visit and semi-annual reporting of results achieved through funds received. 4. An annual audit of the organization's finances must be provided by any organization which has been in operation for two years or longer with an annual budget of $50,000 or more. During the work session, the requirements for agencies to request County funds during the upcoming budget process will be discussed and finalized. County Of Roanoke FY 2006-2007 Budget Calendar r-~ ..... December, 2005 .. Prepare/update preliminary revenue estimates for FY05-06 and FY06-07 .. CIP Review Committee - Complete Projects Review .. December 15 - Governor's budget released January, 2006 .. Revenue team meets to discuss preliminary projections .. Departments prepare FY06-07 budget requests .. January 11 - General Assembly Session Begins February, 2006 .. Departmental budget presentations to the County Administrator .. February 14 - CIP Review Committee recommendations to Board of Supervisors March, 2006 .. March 8 - Joint Meeting with School Board (School Board Meeting) .. March 1 0 - General Assembly Session ends .. March 14 - Public Hearings: Tax Rates and Assessments; General Comment on FY06-07 Budget .. March 21 - Special Board Meeting: Contribution requests from community agencies .. March 28 - Adoption of Tax Rates .. March 28 - School Board submits budget to Board of Supervisors .. March 28 - Contribution requests from community agencies April, 2006 .. April 1 - State code: School Board submits budget to Board of Supervisors .. April 11 - County Administrator presents proposed budget to Board of Supervisors .. April 25 - Board of Supervisors adopts School budget · April 25 - Public Hearing: Proposed FY2006-2007 budget May, 2006 .. May 1 - State code: Board of Supervisors adoption of School budget .. May 9 - First reading of appropriation ordinance · May 23 - Board adopts FY2006-07 Budget and FY2007-2011 CIP · May 23 - Second reading of appropriation ordinance ACTION NO. ITEM NO. Q"'-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20, 2005 AGENDA ITEM: Work session to review the site feasibility study for the new South County Library SUBMITTED BY: Diane D. Hyatt, Chief Financial Officer Diana Rosapepe, Director of Library Services George Simpson, Assistant Director of Community Development Elmer C. Hodge t!/1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On August 9, 2005, the Board toured and reviewed ten potential sites for a new South County Library. Of the ten sites, the Board selected four that they were interested in pursuing further. The Board directed the staff to hire an engineering firm to do further site analysis of these four properties to determine the feasibility of constructing a library on the site. These sites were the Parker, Finney, Vandelinde, and Merriman sites. Engineering Concepts, Inc was hired to complete a feasibility study for constructing a library on these sites. Their report is attached for your information. Based upon their independent review of the sites, they would rank the properties as follows: 1. Vandelinde 2. Parker 3. Merriman 4. Finney The report includes schematic drawings showing how a library building and the necessary parking could be located on the property. This report will be discussed at the work session. \")/ 3 Staff has been meeting with the owners of the Vandelinde property, who are considering their interest in selling the property. The Board has already approved the purchase of the Parker site, and we are scheduled to crose on the property on January 2, 2006. Staff is also in the process of writing an RFP for architectural services, to be posted in January 2006, so that we can select an architect and begin the design of the facility. At the work session, staff will review a timeline for the design and construction of the librarya Funds are currently available to complete the design of the project. 2 SITE FEASIBILITY STUDIES FOR ROANOKE COUNTY PROPOSED SOUTH COUNTY LIBRARY PROJECT PREPARED BY: ~ ENGI NEERI NG CONCEPTS, INC. OCTOBER - 2005 INDEX COVER 1 ... INDEX 2 .... EXECU17VE SUMMARY 3 .... PARKER SITE SITE FEASIBILITY STIJDY 4, 5, 6 SITE SCHEMATIC DESIGN 7 FINNEY SITE ;.....,... SITE FEASIBILITY sruDY 8, 9, 10 -.. SITE SCHEMATIC DESIGN 11 VANDEUNDE SITE SITE FEASIBILITY STIJDY 12, 13 SITE SCHEMATIC DESIGN 14 HERRIMAN SITE SITE FEASIBILITY sruDY 15, 16, 17 SCHEMATIC SITE DESIGN 18, 19 CPNCLUSION 20 .....,¡ ;, Eel - eRr: i\ T ! r··J G sue c f~ S S ... .. """., .. [ III I ~' iiT~ 0. .. ! .-. _ ~ _ , _ I ., ,..r-. I ~ ,. . . .. .. - - - ~.'" .r~(1 )!¡; ~r-.~.~ ... EXECUTIVE SUMMARY .... Engineering Concepts, Inc. (EO) was contracted by Roanoke County to conduct multiple site studies to assess the feasibility of constructing a new library branch in South Roanoke County. Through a previous site selection study undertaken by the Library Board of Trustees, ten tracts of available land were reviewed for suitability of meeting Board generated site design criteria and program requirements. EO was asked to perform limited site feasibility studies on four of the sites identified within the Trustees' report. The following report focuses on the Parker, Finney, Vandelinde and Merriman sites. Site ranking as identified in the Trustees' study is 1, 3, 4 and 10 respectively. The site conceptual plans provided herein were developed based on ECI interpretation of current Roanoke County development regulations and have not been reviewed by County staff for conformance. The current zoning designation of each site was reviewed and in cases where the zoning designation did not allow for a library (cultural services), the C1 - Office district regulations where utilized. Each of the study tracts will require some form of special zoning permit approval. ....., ... ...... ..... a..... The conceptual building and parking layouts were completed uti1izing general program goals provided by the Roanoke County Director of Ubrary Services, Diana Rosepepe. The general goals include the provision of a single story building containing 56,000 square feet with a minimum of 225 parking spaces, a delivery area and a drive through for book pick ups \ drop offs. Signage located along road frontages for advertising services and programs was also considered. To the extent allowed by each site, the required design elements have been incorporated. The site improvements in each schematic site plan graphically identify elements that mayor may not be attainable and are discussed further within the written report body. Existing maps and drawings of record were used to complete site layouts and do not represent all potential encumbrances that may exist. Existing Roanoke County property, zoning, soils, utility and topographic maps (or reports) were utilized. -- -- This report explores site constraints and opportunities relative to zoning requirements, development regulations, topography, utilities, vehicular ingress-egress and constructability. This study and associated drawings do not represent all potential limitations that may be identified through a formal design, permitting analysis and review process. .... Detailed studies of the subject properties were not performed in support of this exploratory analysis. Comprehensive geotechnical, environmental, historical, archaeological and hydraulic studies should be completed for any of the sites that are considered for development. II,.;.a; .. Eel·· C F~ t: r T d < ':.:1 ::' ~ J C C E S S .. :·~:r-; [l!\:,·.1ij~ r:-'-0'~ ¡','.··'~::J:Jr SU!~~ ~\:';¡G f-=:O/':~Clf"·f \·!~<,;rj,i.. J. :<..' ¡:;'-Î' ì~!. '-;;:~r ,. r:.- :"/,' F~.n . , ..... PARKER SITE RANKED #1 BY SITE SELECTION COMMmEE General Site Data - This property is currently vacant and contains approximately 6.28 Acres. The site topography runs from southwest to northeast at an average 11 percent gradient. The Roanoke County Parcel ID number is 067.18-01-14 and the property is zoned R2, Medium Density Residential4 Adjoining properties to the south and west are zoned Rl. Properties to the north and east are zoned C14 Site Access - The property is accessible from Grandin Road Extension. The proposed entrance is located across from the intersection of Hathaway drive. The existing grade along Grandin Road Extension, at the entrance location, is approximately 3.00%. Grandin Road Extension is approximately twenty-four feet wide. Roadside ditches carry surface water to U.S. Route 41911 ..... .... ... .... .... Traffic - VDOT 2004 Annual Average Daily Traffic (MDT) volume estimate for the studied section of Grandin Road Extension is 1900. Proposed traffic volumes for the library use were calculated using The Institute of Transportation Engineers, Trip Generation manua¿ f1' Edition. The total weekday Average Vehicle Trip Ends is estimated to be 3,024. The peak hour Average Vehicle Trip Ends on Saturday (peak hours 4-6pm) is estimated to be 378 vehicles. ... IWooII Soils - The soil Survey of Roanoke County, Virginia classify the on site soils as 5D and 41C. SD - Chiswell-Litz complex is described as moderately steep, well drained soil on the upland side of slopes. Properties of the Chiswell soil complex include moderate permeability and rapid surface runoff with high erosion. The depth to bedrock is expected at ten to twenty inches and the composition possesses low organic matter and low shrink-swell potentiat The depth of the seasonal high water table is more than seventy-two inches. The differing characteristic of the Litz soil property is the expected depth to bedrock at twenty to forty inches4 ..... ...... 41C Shottower - Urban land complex is described as gently sloping and strongly sloping, very deep and well drained. These soils are located on high stream terraces. Properties of the Shottower-Urban land complex are moderate permeability. Surface runoff is rapid with a high potential for erosion. Depth to bedrock is more than 60 inches. Organic matter content is low and shrink-swell potential is low in the surface layer and moderate in the subsoil. Depth to the seasonal high water table is more than seventy-two inches. Earthwork - The schematic grading analysis yields approximately 32,000 cubic yards of excavation. As graded, it is anticipated the majority of the 14,000 cubic yards of excess material will need to be hauled off site. The type and consistency of material that may be encountered is unknown at this time. Zoning - This property is currentiy zoned R2, Medium Density Residential District. The current R2 zoning will not allow for a library use (cultural services). A library can be accommodated in the R3 Medium Density Multi-Family Residential district with a special use permit. The Cl Office district will allow a library use(cultural services). The schematic design provided meets the requirements of both of the appropriate zoning "ECI - CRE,..\Tlt~G SUCCESS" .....' t..~n~fTor,~ /'.\;'f~JUt SU1TE ..:':":16 HO/-t,~Of'[. '.'r~ZGI~.':, :"",,!'-I·;'.·' '~-;("I ~ìr:, tj7î!) Ft.)!, S4f' 771, k5.n - -+ - \: t-- -.' ... districts. Key differences in the two districts are side setbacks and lot coverage. R3 setbacks are front yard 30 feet, side yard 10 feet and rear yard 25 feet. C1 setbacks are front yard 30 feet, side yard 10 feet (combined sides to total 25 feet) and rear yard 15 feet. R3 allowable lot coverage's are 35 percent for buildings and 60 percent of the total lot area. C1 allowable lot coverage's are 50 percent for buildings and 80 percent of the total lot area. The Parker tract appears to be a land locked parcel without frontage on an improved public right-ot-way. An existing right-of-way (unimproved) does connect to the site and is a platted extension of Hathaway Drive. Adequacy of frontage requirements will require further review by the Community Development staff. Parking - Minimum parking required per Roanoke County, Development Standards Sec. 30-91-8 is 187 spaces - 1 space per 300 square feet of building area. The Parker site schematic design shows 243 spaces which includes 7 handicap spaces. A loading space can be accommodated along the west side of the building. ..... .. ... - ..... .... Utilities - This site is not served by public water or public sanitary sewer. Existing 8- inch sewer mains are located in Grandin Road Extension and Hathaway Drive. Existing 3-inch water mains are located in Grandin Road Extension and Hathaway Drive. A 6- inch water main is located at the intersection of Grandin Road Extension and Hackney Lane. ... ....... Sanitary sewer will need to be extended from the last manhole in Hathaway Drive to the library sites access point on Grandin Road Extension. The approximate length of the sanitary sewer extension required to a point at the proposed entrance is 135 teet. The estimated elevation of the new sanitary manhole rim is 1226. The finished floor of the building will be approximately 1210. Because of the lower floor elevation, gravity sewer cannot be installed and sewage will need to be pumped up to the proposed sanitary sewer manhole at the entrance (adjacent to Grandin Road Extension). ....... A proposed 6" water main extension will be required from the existing point of connection, approximately 830 feet east of the site, to the entrance location on Grandin Road Extension. A fire vault and fire hydrants will also be required. ..... A stormwater management facility and associated storm drain system will be required for development. ~ Given the site proximity to Route 419, it is assumed that other support utilities are available for extension to the library facility. Coordination during design will confirm capacity and routing of electric, gas, data and communication services. Summary - Site construction and improvements accommodating the new facility must be designed in accordance with all applicable, State, County and Federal codes. As depicted on the schematic site plan, a 56,000 SF building can be constructed. Because of topographic constraints, a two-story building is better suited for this site. The total number of parking spaces shown is 243 including handicap parking spaces. Parldng provided exceeds the minimum zoning and design criteria. A loading area and a book drop-off \ pick-up are also incorporated into the schematic design. ...... 4IIIIIIII "ECI -, C8[/,TI ~ JG SUCCESS" ..... :-;..fU r.Ri\r'.~ßLrTor'i /,,\..[:-,JU"[ SUI: E, ~'H)p ~-<}'~J':)r.E, \'!RGi(~:-', _'~:; I~~, r,,:() ¡ it, SìlS F¡\X 5·H) .! '. ~,543 - S ~ 1te,.>II' Signage along Grandin Road Extension may be limited due to available frontage property. In order to accommodate a sign along Grandin Road Extension, easements or additional property may be needed from adjoining properties. ..... To prepare the site for the building and parking, retaining walls will be needed. The rear wall of the building as shown retains earth approximately 6 feet above the lower floor elevation. A retaining wall may also be required along the north parking limits to accommodate grade tie-ins within the property. This site allows no room for future building expansion. The driveways for the two existing dwellings adjoining the access drive into the site will need to be relocated, either along Grandin Road or connecting to the new access road., VDOT will require, at a minimum, an entrance with tapers. Additional improvements, beyond minimums, may be required by VDOT. Raw site construction costs are estimated between $950,000 and $1,150,000. This estimate does not inctude General contractor markup for profit, escalation or other miscellaneous contractual items. Building costs associated with a new library facility can range between $125 and $165 per square foot according the 2005, RSMeans Construction Cost Data publication. ...... ~ ~. F-.CI - Cf1E/\T~r~G SUCCESS J'':'"'' ~:.t<t-..~.iI~_·L L ~ ...--.I~~ /".".,[ r~:_~f~ ,...... I" ....--- ,. ........ ",-I ,_.I, r..:_ h ~. : i·'~::'~)",:,E V¡þ.'C::t,/· .:.~' I'· ~"~' '"7~j ~::!~, r/j t:;...W T7ri HS4~) ~ ~ lñ~ <: "- ~.. It) ~ ~~88 t:J ~~-.~ c.::::) Ct: ~ ::-11 "'.. (.J Q:: a: C) -. -. i::: e :s: Q:: ~ I ?i1LJ~ ~ ;:: -.J a ;x: ~'"'GI':: ~ ~V)~ ~~ lñ ).-1 I "" '-'" ".. ": .... ~\ \ '\ ~ f)/ . /" \ ~ cñ tD t ~ ~ § ¡ en .0 o 111.,,- U iõ": i ~~~ - o-~ a-= li;c w .~:!2 W ~1Il~ Z :.~<O i :i~ w !2~ 't;p.,,.¡oI ........ FINNEY SITE RANKED #3 BY SITE SELEcnON COMMIITEE .... General Site Data - This property is currently vacant and contains approximately 4j134 Acres. The site topography runs from northwest to southeast at an average 14 percent gradient. The Roanoke County Parcel ID numbers are 086.08-04-03 and 086.08-04-06. Both parcels are zoned R3C, Medium Density Multi- family Residential. Adjoining properties to the west are zoned R1. Properties to the north are zoned R1 and R3C. The VDOT property to the east is zoned C1 and 11( c ) and Brambleton Commons, located on the south, is zoned C2( c ). Site Access - The property is currently accessed from Brambleton Avenue and the existing drive provides access to the existing residential dwellings adjoining the north boundary line. The proposed access to the site will be located at the current entry location which is approximately 250 feet from the intersection of Brambleton Avenue, Old Cave Spring Road and Colonial Avenue. The existing grade along Brambleton Avenue at the entrance intersection is approximately 2.00 percent. The Brambleton Avenue pavement width is approximately sixty feet. A storm drain system carries surface water to a drainage branch on the opposite side of Old Cave Spring Road. The proposed access drive will have an approximate grade of 11 percent. ... ... "",... ....... M··.... .... Traffic - VDOT 2004 Annual Average Daily Traffic (AADT) volume estimates for Brambleton Avenue (U.S. Route 221 from Route 419 to the west county line) is 15,000. Colonial Avenue, from Brambleton Avenue to Penn Forest Boulevard, receives 11,000 AADT. Old Cave Spring Road receives 8,800 AADT. Given the high traffic volumes, a right tum lane and taper will be required along Brambleton Avenue. Proposed traffic volumes were calculated using tñe Institute of Transportation Engineers, Trip Generation manua¿ {fh Edition (library use) the total weekday Average Vehicle Trip Ends are estimated to be 3,024. The peak hour Average Vehicle Trip Ends on a Saturday (peak hours 4-6pm) are estimated to be 378 vehicles. .~.. ~ _.~ Soils - The soil Survey of Roanoke County, Virginia classify the on site soils as SE. 5E- Chiswell-Litz complex is described as very steep, well drain soil on the upland side of slopes. Properties of the Chiswell soil complex include moderate permeability and rapid surface runoff with high erosion potential. The depth of bedrock is ten to twenty inches and the composition possesses low organic matter and low shrink-swell potential. The depth of the seasonal high water table is more than seventy-two inches. Litz soil properties include moderate permeability and rapid surface runoff with a high potential for erosion. Depth to bedrock is twenty to forty inches and the composition possesses low organic matter and low shrink-swell potential. The depth of the seasonal high water table is more than seventy-two inches. ....... Earthwork... The schematic grading analysis yields approximately 80,000 cubic yards of excavation. As graded, it is anticipated the majority of the 60,000 cubic yards of excess material will need to be hauled off the site. ..... Zoning - The property is currently zoned R3C, Medium Density Multi-family Residential, which does allow for a library (cultural services) with a special use permit. The "ECI - C'¡:-i[,\¡I~~G SUCCESS" ..... -~:, [{;..":.~'~~[::<"j /'.~rj~)[- ~::U!TE 2()~J6 :~').,'~UrC \~t<¡-r.I/.. ~J:'ìr'; ;',¡:ì ..... :';"ìi~ fi"i .t:;':¡i 77fi 1",'1...U ~ .... ...... schematic design provided will not meet the buffer yard requirements because of retaining walls that win be needed to accommodate onsite grading. Parking - Minimum parking required per Roanoke County, Development Standards Sec. 30-91-8 is 187 spaces.. 1 space per 300 square feet of building area. The Finney site schematic design shows 140 spaces which includes 7 handicap spaces. The parking count is far below the minimum program requirements. A loading space can be accommodated on the southeast side of the upper parking area. Utilities - This site is served by public water and sanitary sewer. Existing 10-inch water and sewer mains are located in Brambleton Avenue. Existing storm drain structures are located within Brambleton Avenue. These existing systems should adequately serve the development of this site.. A stormwater management facility with associated storm drainage system will be required for development. Given the site proximity to Route 221, it is assumed that other support utilities are available for extension to the library facility. Coordination during design will confirm capacity and routing of electric, gas, data and communication services. .... .... ..... ...... .... _... Summary - Site construction and improvements accommodating the new facility must be designed in accordance with all applicable, State, County and Federal codes. The site at 4.34 acres is generally too small to accommodate the minimum library program desired. Because of topographic constraints, a two-story building is better suited for this site. There is no future building expansion area on this site. The maximum building size this site can accommodate, based on available land area for parking, is approximately 42,000 SF. This is far below the 56,000 SF desired building design criteria. .... ..... -.. The total number of parking spaces shown is 140 which include the handicap parking spaces. This number does meet Roanoke County development standards of 140 spaces for the smaller building. The desired book drop-off \ pick-up cannot be incorporated into this schematic design because of grade constraints. An extensive retaining wall system will need to be designed and as shown in the current layout is not feasible to construct because of anticipated wall heights. Buffer yard requirements win need to be waived to accommodate the retaining walls as shown. A temporary slope easement may be needed along the east property line. Any excess excavated material will need to be hauled off the site. .- Access to the two existing dwellings on the north will need to be accommodated in the form of an ingress/egress easement along the library access drive. Access to the site from Old Cave Spring Road through VDOT's property is not a feasible alternate connection point because of grade and circulation patterns near the Brambleton Avenue intersection. This access alternate would likely be too steep and increase the number of retaining walls needed for site development. Due to heavy traffic volumes on Brambleton Avenue and proximity to the major intersection, left turns into the proposed entrance from Route 221 will not be feasible because of conflicting traffic patterns near the intersection. Also, there is not enough distance from Old Cave Spring Road to the "EC~ - CRE/\ Ti t-iG SUCCESS" ;)--LSJ 6R:-.~.18LETor~ AVENUE - SUITE ¿';,ilm hG/"NOKE \'ÎRG~!j'.'" ~':¡1)1K s~o 7h, S715 t-t<,x s~u 77(j H5·n - ~J - ......,.. library entrance location to accommodate an adequate right turn lane. This site possesses severely limited potential for safe access and is likely not possible to attain in the available location. .... Signage along Brambleton Avenue may be limited and will need to conform to Roanoke County code. ..~ ~ Raw site construction costs are estimated between $1,300,000 and $1,500,000. This estimate does not include General contractor markup for profit, escalation or other miscellaneous contractual items. Building costs associated with a new library facility can range between $125 and $165 per square foot according the 2005 RSMeans Construction cost data publication. ... I!;~ .....,.., .... ~ --- ....... ~: C i -" C f:\ ~ {, ;- : ~ ¡' :-_~ Sf; ~ C ~ 2 S l·~!,'~.'¡. ::"'Gr~ '-'.f·~.T GUilT _!'.'~~ t-:,~-';-~,C'r,~ '.¡:-/__ \.' . ~'í"", >";11 ~-. r'¡-:5 Fh).; S~i] 77C 2,1)4:1 ; I .......... .......... ~ è7)~ ~ >.-:::5.. ~ - Lw~C)C) t3 <:~~'" C:) :<::'q:1J w Q:: c: ~ ~ "," ~E: e - ~ I ~ I·, ~ E5 ~ Ç5:jCXj a ~~L5e lr) ~V)<J kJCä a ¡...::: Vi ~-- ö ~ -' -..';........ .....-...... '- <> ~ --~ IL .. '\ ___ow § '_.:._.' u ~ ~ .__. z~ I -. 0 <Ô U ~CD~ \~ \( ~ ~i~ I .i{ ~ I /"4 _ Z ~ "'; all: 0 .... 1\ ~ if 1ft ~ ~ :!I \ \ /\1\1 ~ ¡!1 ~ \ \ " 1\1 (j., C) ... ~ ~ " \11\ \ Z !2og ~~>'" w nile ò\ . '-.~" ::;:": , _5 I r', 0 '" \ .... ........ ~ '__ t \ \ X~ ;\'"" "r-8:-.\ \ \. '\ ..... VANDELlNDE SITE RANKED #4 BY SITE SELECTION COMMmEE ...... General Site Data - This property is located on Starkey Road and contains 10.27 Acres. There is a two story single-family residence on site currently. The site topography runs from north to south at and average 7 percent gradient. The Roanoke County Parcel ID number is 087.18-01-37 and the property is zoned R1 Low Density Residential District. Adjoining properties to the south are zoned Rl and C1. Properties to the west and north are zoned R1. .. ...... Site Access - The property is accessible from Starkey Road, Route 9M and Crescent Boulevard, Route 632. The existing grade along Starkey Road at the proposed enuance intersection is approximately 5.00%. The pavement width of Starkey Road and Crescent Boulevard are approximately 24 and 18 feet respectively. ...... ---... Traffic - VDOT 20M Annual Average Daily Traffic (AADT) volume estimates for this section of Starkey Road, Route 904, is 6200. Crescent Road has an AADT of 270. Proposed traffic volumes were calculated using The Institute of Transportation Engineers, Trip Generation manua¿ fP Edition. The total weekday Average Vehicle Trip Ends are estimated to be 3,024. The peak hour Average Vehicle Trip Ends on a Saturday (peak hours 4-6pm) are estimated to be 378 vehicles. ~ ~ .~ Soils - The soil Survey of Roanoke County, Virginia classify the on site soils as 1SC and 15D. 15C and 15D Edgemont channery sandy loam complexes are described as strongly sloping, very deep and well drained. These soil types are typically found on the summits, shoulders and side slopes of the Blue Ridge. Properties of Edgemont soil complex include moderate to rapid permeability with medium surface runoff erosion potentlat The depth to bedrock is expected to be more than sixty inches and the composition possesses low organic matter and low shrink-swell potential. The depth of the seasonal high water table is more than seventy-two inches. The main difference in 15D-Edgemont channery sandy loam is moderately steep to steep, very deep and well drained characteristics. Earthwork - This schematic grading analysis yields approximately 50,000 cubic yards of excavation. As graded, it is anticipated the majority of the 20,000 cubic yards of excess material will need to be hauled off site. The type and consistency of material that may be encountered is unknown at this time. Zoning - The property is currently zoned R1, Low Density Residential, which does not allow for a library use (cultural services). A library can be accommodated in the R3 Medium Density Multi-Family Residential district with a special use permit. The C1 Office district will allow a library use (cultural services). The schematic design provided meets the requirements of both zoning disbicts. Key differences in the two appropriate districts are side setbacks and lot coverage. R3 setbacks are front yard 30 feet, side yard 10 feet and rear yard 25 feet. C1 setbacks are front yard 30 feet, side yard 10 feet (combined sides to total 25 feet) and rear yard 15 feet. R3 allowable lot coverage's are 35 percent for buildings and 60 percent of the total lot area. C1 allowable lot coverage's are 50 percent for buildings and 80 percent of the total lot area. '·ECI - C:~[:~',T~ i ~G SUCCESS' :-;~, ~j;~:,rJS~E::TO;·i ¡"·./eJHJ[ SUiTE ~~'IJ~~8 R:j,'·r~:-;r.~ '.~;:;:c.:~.¡:..'. ~'''':'(·r1-', r.:" 7f!'; ~71~ Fr.ì: S'~!) 77i! y,~-U - 1~' - ...- Parking - Minimum parking required per Roanoke County, Development Standards Sec. 30-91-8 is 187 spaces ~ 1 space per 300 square feet of building area. The Vandelinde site schematic design shows 255 spaces which includes 7 handicap spaces. A loading space can be provided along the east side of the building. Utilities - This site is served by public water but not by public sanitary sewer. There is an existing 12-inch water main in Starkey Road and an existing 6-inch main in Crescent Boulevard. Fire hydrants are located in both rights-of-way.. Domestic and fire services will need to be included in the development of this site. To the south of this site, an existing 10 inch sanitary sewer main runs along a tributary to Back Creek. Sanitary sewer can be extended approximately 400 feet to provide sewer service. The acquisition of easements may be required for the offsite main extension. ..... .... .... A stormwater management facility with associated storm drain structures and piping will be required for development. """.... Given the site proximity to Starkey Road, it is assumed that other support utilities are available for extension to the library facility. Coordination during design will confirm capacity and routing of electric, gas, data and communication services. Summary - Site construction and improvements accommodating the new facility must be designed in accordance with all applicable, State, County and Federal codes. As depicted on the schematic site plan, a one story, 56,000 SF building can be accommodated. The total number of parking spaces shown is 255 which include 7 handicap parking spaces. A loading area and a book drop-off \ pick-up are also incorporated. Signage can be placed along both Starkey Road and Crescent Boulevard. To prepare the site for the building, retaining walls averaging ten feet in height will be needed. This site will allow for moderate expansion of facilities. VDOT will, at a minimum, require an entrance with tapers along Starkey Road. Additional improvements beyond minimums may be required by VDOT. Off site utility extensions can be expected. Raw site construction costs are estimated between $1,300,000 and $1,500,000. This estimate does not include General contractor markup for profit, escalation or other miscellaneous contractual items. Building costs associated with a new library facility can range between $125 and $165 per square foot according the 2005 RSMeans Construction cost data publication. .... ,. ECI C;::;E'-· n¡ JG SUCCE 5S' :-u( n;"u ~,T,t r:'ì cr ~ ".,'UJ ~"k S c_;;~ t- L'" ,~.... ¡:', , '.,:>".~' '. !; :~,:',:. .1 ' , 'r rr-1", ", ~; /1 S F/·,X 5..HJ 77G 8S..L} - ............... --S-\__~ ==J~N'-_ rl. - 'l_ .. MERRIMAN SITE RANKED #10 BY SITE SELEcnON COMMmEE ~ General Site Data - This property is located on Merriman Road across from Penn Forest Elementary School. The tract contains approximately 28.71 acres and is currently undeveloped~ The site topography runs from north to south at an average 15 percent gradient that changes to very moderate within the floodplain area. The Roanoke County Parcel ID number is 097 .05~01-26 and the parcel is zoned R1 Low Density Residential. Adjoining properties to the west are zoned R1. Merriman Road bounds this property to the north and east and Crystal Creek Drive is to the south. Site Access -The property is accessible from Merriman Road, Route 613. The existing grade along Merriman Road at the proposed main entrance intersection is approximately 3.00%. The pavement width of Merriman Road is approximately 24 feet. - .,.. ~ ... Traffic - VDOT 2004 Annual Average Daily Traffic (MDT) volume estimate for this section of Merriman Road, Route 613, is 3000. The AADT for Crystal Creek Drive is 630. Proposed traffic volumes were calculated using The Institute of Transportation Engineers, Tnp Generation manua~ f1h Edition. The total weekday Average Vehicle Trip Ends is estimated to be 3,024. The peak hour Average Vehicle Trip Ends on a Saturday (peak hours 4-6pm) is estimated to be 378 vehicles. .... ""'",'" Soils - The soil Survey of Roanoke County, Virginia classify the on site soils as 9B, 13A, 26C, 29D, 36A, 43A, S3 and 57A. The schematic site design is primarily located in the 26C and 36A soil areas. The properties of these two dominant soil types are focused on in this report. 26C-Hayesville fine sandy loam is described as strongly sloping, very deep and well drained. This soil is located on summits and shoulders of the Blue Ridge. Hayesville soils have moderate permeability with medium surface runoff and high erosion potential. Depth to bedrock is expected at more than 60 inches. Organic matter content is low as is the shrink-swell potential. The depth to the seasonal high water table is more than 72 inches. 36A-Purdy silt loam is described as deep nearly level and poorly drained. It is found on broad low terraces. Properties of the Purdy soil complex include very slow permeability and low surface runoff and potential for erosion. Depth to bedrock is expected at more than 60 inches. Organic matter content and shrink-swell potential is moderate. Depth to the seasonal high water table is typically between one-half to twelve inches. Earthwork - This schematic grading analysis yields approximately 4,400 cubic yards of excavation. As graded, approximately 29,000 cubic yards of additional material will need to be hauled to the site. Zoning - The property is currently zoned Rl, Low Density Residential, which does not allow for a library use (cultural services). A library can be accommodated in the R3 Medium Density Multi-Family Residential district with a special use permit. The C1 Office district will allow for a library use (cultural services). 'ECI - eRE /-\ T\r~G SUCCE:SS ~;\ 6R;,r.mLE:TO~~ f,'·J[nu[ SU:íE L'1)()8 hD.',·~;·)r<[ '"_¡~~G~~I!', _~~:II¡- C:_~"I 7 7(; Sì S ¡-:-¡\X S.hJ fiG ht:)~:~ "; r:; _ ... Parking - Minimum parking required per Roanoke County, Development Standards Sec. 30-91-8 is 187 spaces - 1 space per 300 square feet of building area. The Merriman site schematic design shows 187 spaces which includes 7 handicap spaces. A loading space can be provided along the north side of the building. Utilities - This site \s served by public water and sewer, both are located in Merriman Road. There is an existing 12-inch water main in Merriman Road. A fire hydrant is located off Merriman Road in the northwest corner of the property. Domestic and fire services will need to be included in the development of this site. An existing a-inch sanitary sewer main is located in Merriman Road and an existing 10-inch sanitary sewer main is in Crystal Creek Drive. ....... .... A stormwater management facility with associated storm drain structures and piping will be required for development. --- Given the site proximity to the elementary school and surrounding uses, it is assumed that other support utilities are available for extension to the library facUity. Coordination during design will confirm capacity and routing of electric, gas, data and communication services. ...~~ lit·.. Summary - Site construction and improvements accommodating the new facility must be designed in accordance with all applicable, State, County and Federal codes. The buildable area at this location is limited due to extensive floodplain. As depicted on the schematic site plan, a 56,000 SF building can be constructed. Because of topographic constraints, a two-story building is better suited for this site. The total number of parking spaces attained is 187 which include the handicap parking spaces. This meets Roanoke County code requirements but is well short of the 225 specified in the design criteria. A toading area and a book drop-off \ pick-up are also incorporated into the schematic layout. Sanitary sewer service can be extended from the main located along Crystal Creek Drive. Water services are available in Merriman Road. Signage can be placed along Merriman Road. To prepare the site for the building, retaining walls averaging twelve feet in height will be needed. This site will not allow for future expansion unless encroachments in the floodplain are studied. VDOT will, at a minimum, require entrance with tapers along Merriman Road. Additional improvements beyond minimums may be required by VDOT. This property is situated in FEMA defined flood zones X, X shaded, AE and AE floodway. To accommodate the fuU parking program desired, fill in the AE zone will be required. A detailed flood analysis will be needed if filling in the flood area is considered. In addition, it is likely that wetlands will be encountered on site and a significant environmental permitting process will be required. Mitigation of any wetland areas disturbed will be required. Raw site construction costs are estimated between $850,000 and $1,000,000. This estimate does not include General contractor markup for profit, escalation or other miscellaneous contractual items. Building costs associated with a new library facility L. '-, r - I.A -:~. ,. ! JUG S ~j \...-. C; t:. s.:.) :" L' ~.~~;'.TTi)rJ /.\'~!~;~![ ~~..JITF. ;....'~"·~i:_,:-T .·:;~:c<t:;/ ~":::1¡..', "., ~,ï' 1 ~. F ;.,).-, ¡:;~-1 íJ 77í~ ;:..¡ C;'¡ .~ - H, + ..... . can range between $125 and $165 per square foot according the 2005 RSMeans Construction cost data publication. .... ". .., L.: \...,. .........'; '" ~ r - I ., ~.J v .......~' ........ \.......:. 0..;; 3~ ',.{ l:~"··I.~El.E-:GtJ r'.\':~~njE SLHTE ~',.''''8 RO/,rJ:/~E.. '~".~ I;' :..¡., r-,..;. -- ';~I'l ¡.:¡.X 541.1 77Ü. Ks-n - . ~ ~ ~ tñ <: Lt') ~ ~~bC:> iJ) ~~C:>C:> Laj Ç}::cs--'" Q p:: 0:: :c II r--...... C".) Q:: ~ <=: ---- ¡:: Er oc::: ~ P:: ~ g::~~ 1.-: I I"\,.; -.J OJ ~ i:1jðe C"j C)~tr)t.> tr) --- a ~ tñ Ia: .. w § ~ § i O .n .0 Ill_I:: U Z 0 . i ~~~ - ã!~ m ¡~:!I ~ I~~ 2 ~~¡ ~ ~ ~ Ù) <: ~ ~~b~ E3 ã::è§~~ ~ Q:::: 0:: R II (..) 0:: lJ.j <: -.. f'..... ~~:¿~ Q:: ~ ~~~ !-¡J I Q::: -.I OJ ~ ~~e (j a~~(..) <.t) "- ..., a k::: Ù) ~ ur ~ . w i ~ § ¡ 8 i·~ ~ ~~~ - ãii GI1: ~" 1ft m~~ Z !ul" - ì":J 2 §~~ '''.... ::;::::06-'"/" ~ CONCLUSIQ~ The table below depicts a rating for each site based on the studied atbibutes contained herein. The maximum attainable score per site is 5 - representing a favorable site development condition (best). A score of zero indicates that unfavorable conditions exist (worst). Rating percentages were calculated based on a maximum attainable score of 40. Based on the calculated ratings, we would rank the sites in the following order when considering site development feasibility (best to worst): 1. Vandelinde 2. Parker 3. Merriman 4. Rnney :'..... ~ ...... ... ... ....t.,. .... ~."", '.. ; . ... .: . . ' ....', :;.. . . ,.,"., . :', , :,-:' ,~~ < .>.' A B C D E F G H TOTAL RATING 4 3 4 2 1 2 3 21 52.5% 1 4 1 5 4 0 0 15 37.5°k 3 2 5 2 3 5 4 28 700/0 2 3 2 3 3 2 2 20 SO°A;. PARKER 2 FINNEY 0 VANDELINDE 4 MERRIMAN 3 The following is a list of the eight attributes rated - columns A through H shown above: A. Site Access \ Traffic B. Soils \ Earthwork C. Zoning D. Parking E. Utilities F. Visibility G. Expansion Potential H. Constructability , . . J .~I '= , ¡' Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20,2005 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. PETITIONER: CASE NUMBER: Cellco dba Verizon Wireless 22-12/2005 s-\ Planning Commission Hearing Date: December 6,2005 Board of Supervisors Hearing Date: December 20, 2005 (Withdrawn) A. REQUEST 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. (PETITION HAS BEEN WITHDRAWN AT THE REQUEST OF THE PETITIONER) B. CITIZEN COMMENTS One citizen spoke in favor of property rights. Five citizens spoke in opposition to the cell tower for the following reasons: concerns about the Appalachian Trail viewshed, concern that this tower did not provide improved service to Blacksburg and Newport Roads, concern that the proposed tower would mar the beauty of the Valley, concern that the buildings, fence and antennae would be visible, concern that Verizon had not pursued all other alternatives, concern that the views from Dragon's Tooth and McAfee's Knob would be negatively affected. C. SUMMARY OF COMMISSION DISCUSSION The Planning Commission members expressed concern about the location of this tower and the fact that the proposal is for a lattice tower rather than the preferred monopole type tower. D. CONDITIONS 1. No lighting and/or markings shall be permitted on the broadcast tower 2. The broadcast tower, hardware and antennas shall be constructed of non- reflective materials to reduce visibility and reduce light reflection. 3. The broadcast tower shall not exceed 150'. E. COMMISSION ACTION(S} Ms. Hooker made a motion to deny the request. Motion carried 4-1. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 4 s-) From: To: Date: Subject: "Jackie Karp" <jkarp@nbcllc.com> "Janet Scheid" <jscheid@roanokecountyva.gov> 12/12/2005 8:48:25 AM Verizon Wireless application for cell site @ Turner property Janet, We would like to withdraw our application for a teJecommunications installation on the Turner property from the Dec. 20 Board of Supervisors hearing. Our RF engineers are investigating alternatives to the proposal we presented last week. I will contact you after we formulate an alternate proposal. Please let me know if there is anyone else I should contact to ensure that this item is removed from the BoS agenda. Thank you, Jackie Karp Jacqueline M. Karp Zoning Project Manager Network Building & Consulting, LLC 703.851.6777 mobile 410.636.5287 fax jkarp@nbcllc.com S-f Petitioner: Verizon Wireless Request: Special Use Permit to Construct a 150' Lattice Broadcast Tower (with antenna) on an AG-3 Zoned Parcel Location: Keffer Road, North Mountain, Catawba Magisterial District: Catawba Magisterial District Suggested Conditions: 1. No lighting and/or markings shall be permitted on the broadcast tower unless required by the FAA. 2. The broadcast tower, hardware and antennas shall be constructed of non-reflective materials to reduce visibility and reduce light reflection. 3. The broàdcast tower shall not exceed 150'. EXECUTIVE SUMMARY: Verizon is proposing to construct a 150' lattice broadcast tower and antenna on the ridgeline of North Mountain for expanded coverage of their wireless communications network - primarily along Rt. 311 to the Town of New Castle. This site is designated as Rural Preserve in the 2005 Roanoke County Community Plan. Several aspects of Verizon's proposal (lattice construction versus monopole, location on ridgeline, not co- locating on an existing tower) are not consistent with the Board adopted Broadcasting Tower ordinance. I. APPLICABLE REGULATIONS Broadcast towers are permitted in the AG-3 zoning district with a Special Use Permit. Section 30-87-2 Broadcasting Tower - Roanoke County Zoning Ordinance applies. VDOT - Commercial Entrance Permit may be required. Site Plan review shall be required. Specific attention should be focused on the proposed disturbed area due to critical slopes and ridgeline protection interests. Building permits shall be required. Sealed, engineered, as-built plans shall be required to certify actual height. Subject to FCC and FAA approvals. 2. ANALYSIS OF EXISTING CONDITIONS This site consists of 315 acres in three different tracts of land. The property is heavily forested and topographically very steep. The property extends to the ridgeline of North Mountain. The base elevation of the proposed broadcast tower site is 2,863 feet above mean sea level (AMSL) with steep slopes exceeding 350/0. The top of the 150 foot proposed tower would then be above 3000 feet AMSL. $-J The site is located off Keffer Road and is accessed by a private drive originally constructed as a timber road. The surrounding neighborhood consists of agricultural, forestry and residential uses. To the north, on the other side of the ridgeline of North Mountain, is Craig County and National Forest Service property. All of the properties directly surrounding the proposed cell tower site are zoned AG-3 while portions of the access road are on property zoned AG-1. Nearby residential properties are zoned AR along the frontage of Keffer Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Petitioner intends to lease a 0.129 acre tract from Mr. Turner in order to construct a 150' foot lattice cellular tower. Access is from a narrow, dirt and gravel timber road. Tree clearing and grading will be required at the site in order to construct the tower and create a level area on the steep topography of North Mountain. The tower will include up to 12 flat panel antennas and several microwave antennas. The site will have space available for at least two other vendors to co-locate. Roanoke County Communications have expressed interest in this site for enhanced E- 911. Petitioner has stated that the tower wilt not need to be lit. Staff has not received written verification of this from the petitioner. Included on the site will be a 12' x 30' equipment shelter and a 6' fence chain link fence. The site will be unmanned. Without further information staff is assuming that above ground power will be supplied to this site. The proposed facility will use an existing timber road with the exception of the last 300' which will entail new road construction to the site. Section 30-87-2 Broadcasting Tower - This section of the Roanoke County Zoning Ordinance states the following: It is the official policy of the county to encourage and promote the co-location of antennas on existing public and private structures within the county. When new broadcasting towers are proposed ....... the requested broadcasting tower location, height and design should be chosen to protect and enhance the scenic and natural beauty of Roanoke County. Broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. A monopole broadcasting tower design is recommended. The board may approve an alternative broadcasting tower design if it finds that an alternative type of structure has less of a visual impact on the surrounding community and Roanoke County and/or based upon accepted technical and engineering data a monopole design is not technically feasible. Cost shall not be criteria for determining broadcasting tower design. 2 ç'''' I 0,-- ! The proposed tower is in conflict with the Roanoke County Zoning Ordinance with regard to the design (lattice versus monopole design) and with the placement of the proposed tower at the ridgeline of North Mountain. North Mountain is a highly visible landform overlooking the Catawba Valley. It is also the location of North Mountain Trail and in visual proximity to the Appalachian Trail. The proposed cell tower location is within the 5-mile viewshed of both McAfee's Knob and Dragon's Tooth - both significant natural resources in Roanoke County. Coveraae - Examination of the coverage maps provided by Verizon show limited improved Verizon cellular service in the Roanoke County portion of the Catawba Valleyw The majority of improved service occurs over the mountain in Craig County - between the Roanoke County line and the town of New Castle. Verizon's stated purpose is to improve coverage along the Rt. 311 corridor. Alternative Sites - Staff has asked Verizon to examine alternative sites within the Catawba Valley including AEP towers. Coverage maps submitted by Verizon indicate that approximately equal coverage can be obtained by using a nearby AEP tower. Verizon and AEP have indicated that the actual AEP tower could not be used because of structural deficiencies but that a replacement tower could be constructed in the same location to service both AEP and Verizon needs. This site is in closer proximity to the Appalachian Trail than is the proposed site on North Mountain. The question becomes is a site that is already marred by an existing AEP tower, closer to the Trail, a better alternative than a pristine site, on a ridgeline, farther from the Trail. In addition, staff has asked Verizon to examine the possibility of achieving equal service coverage in the Roanoke County portion of the Catawba Valley with the use of two or more smaller towers, placed off the ridgeline. Staff has not received that information to datew In late November, staff received a call from Jack Wood, Director of the Catawba Hospital stating that their property may provide a viable alternative and one that would not be as visible to the Appalachian Trail. I referred him to the contact person at Verizon. Appalachian Trail Issues - The National Park Service has commented on this proposed location for a cellular tower. A summary of their comments follows: The National Park Service is concerned about the potential negative visual impact this proposed facility may have on the Trail and its visitors. Our initial review indicates that the tower will be visible from several vantage points on Catawba Mountain, as well as from the Morehead Farm along Route 624. In addition, it is possible that the tower may be seen from two of the premier overlooks on the Appalachian Trail in Virginia, at McAfee's Knob and Dragon's Tooth, although these views would be visible from a distance of more than 3 miles. Our primary concern is that the proposed tower not be visible against the horizon line or skyline as seen from the Appalachian Trail. If this can be accomplished, we believe that the visual impacts of the proposed tower, at least as seen from the Trail, can be sufficiently mitigated by constructing a lattice-style structure without lights. If, however, the proposed tower will rise above the horizon line as seen 3 S--j from any vantage point on the Trail or require lights or hazard stripes of any kind, we do not believe that the visual impacts of the proposed tower can be adequately mitigated, and we would request that an alternative location be considered. Historic Issues - On December 1, 2005 the Roanoke Valley Preservation Foundation listed North Mountain in Catawba on their annual list of Threatened Sites due to this proposal by Verizon to construct a cell tower on the ridgeline. Community MeetinQ - A community meeting was held in the Catawba Community Center on November 16, 2005. Approximately 25 citizens attended along with County staff, Supervisor Church and six representatives from Verizon. A summary of comments and/or questions raised follows: 1) Don't want the tower on the ridgeline; 2) How far above the tree line does the tower need to be? (answer per Verizon was 15 feet) 3) Some residents stated they already have US Cellular coverage in the area; 4) Residents stated that the volunteer fire and rescue squad has no problems providing service in the area; 5) Questions raised about the amount of grading and filling needed to construct the tower on the steep slopes of North Mountain; 6) Statement that during leaf-off season the visibility of the lattice tower, equipment building, etc. would be high; 7) Statement of concern about the visual impact of the access road to the site; 8) Statement that people live in Catawba because they want to enjoy the pastoral views and beauty of the area and don't want to see it ruined; 9) Concerns about above ground electric service to the site and the visual impacts; 1 0) Statement that the tower is providing more service to Craig County and should be put in Craig County; 11) Question about stealth design (answer per Verizon was can not do due to microwave antennas); 12) Question about why not using monopole (answer per Verizon was need more stability provided by lattice construction); 13) Question about Roanoke County Zoning Ordinance Broadcast Tower policy and how this application conforms to it; 14) Statement that citizens have private property rights and should be able to use their property for cell towers. Many citizens expressed an understanding that Verizon needs improved coverage in the area but preferred that any new cell tower(s) be off the ridgeline and not in such a visible location. Fire and Rescue and Utilities - No negative impacts are anticipated regarding an increased need for emergency service responses. No public water or sewer is available to the site. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Community Plan designates the subject property as Rural Preserve. This is a future land use area of mostly undeveloped, outlying land. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestry, recreational and rural residential areas. Distinguishing features of the proposed site are the viewshed from the Appalachian Trail, the ridgeline and the critical slopes. The scenic value of North Mountain contributes to the quality of life of Catawba Valley residents, preserves property values in the area, and preserves the scenic beauty of the County. 4 c:-,. I ,.,..:,) i It is the intent of the County to fully comply with all of the applicable provisions of the Federal Telecommunications Act of 1996 and other federal and state laws and allow the communication industry the right and responsibility to provide communication services with their service areas. 5. STAFF CONCLUSIONS The proposed broadcast tower does not conform to several aspects of the Roanoke County Zoning Ordinance - Broadcast Tower section. This tower is proposed to be a lattice design while a monopole is the preferred alternative. The ordinance encourages co-location on existing towers and staff does not feel that Verizon has adequately explored the possibility of co-locating on an AEP tower or of alternative sites that may require more, smaller towers. The zoning ordinance also strongly discourages location of towers on or near ridgelines and references preservation of the scenic beauty of Roanoke County. The proposed tower, if built, would provide the opportunity for co-location of at least two additional vendors. The goals of the Roanoke County Community Plan are to reduce the number of new broadcast towers by encouraging co-location possibilities on existing structures and by not encouraging broadcast towers on ridgelines. The area that would need to be disturbed along the ridgeline of North Mountain for a new access road and site clearing for the broadcast tower and necessary buildings may potentially create erosion problems. The proposed broadcast tower is generally not supported by either the Community Plan on the Zoning Ordinance. DATE: 11/30/05 CASE NUMBER: 22-12/2005 HEARING DATES: PREPARED BY: J. Scheid PC: 12/06/05 BOS: 12/20/05 5 For Staff Use Onl pz- 05(þ)19J \ ,~... ""- I -~. t C {µ-J hð- Community Planning area: ~~ l3 v G-3 County of Roanoke Community Development Planning & Zoning Date received: ¡ ¿'} )..- ( :::> S-- Application fee: , ~O ~OO 5204 Bernard Drive POBox 29800 Roan.oke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Placards issued: Check type of applicajlon filed (check an that apply) o Rezoning BSpecial Use 01 Variance o Waiver Applicants name/address w/zip '\ IJ v.:. " LC1.r. \N "Ù-ZY-' (~,,~c:: C\ t.V, ~ -'-'I.. M . V. "-'vr f) "0"""'" \: ) ,~òi ~-'1 ti. . , ~'Üt\\J"~O"0(!.. v'A 1.312 Owner's nall1e/address w/zip D~v,~ K· ""\v~-< ~ t.\"2... ".1. ~.~':\ \.~ c ("\ \)( . \>C3~ ()~o-r--;^-I -L "'S2\21 Property Location U Rt_b9~(\k..WJ ~~.) tLt,("~ b~,^-, \1 A L~C~ 13 Tax Map No.: Q::)T _ ~Q -~ t- 5ß..\)::)-\)O ~ GO+.. :J 0.-<;.\- cb~. ~ -(roQ ~ ~ ~ . \j<j - CJ \ - ,!:>ç ,\b-~~OO Size ofparcel(s): Acres: l.ft.. 5Y \6~ J1, ~ 1(;., ~ 1-- ) f~ ,. ~\\;~\ Phone: Work: Ce 11 #: Fax No.: Phone #: Work: Fax No. #: Magisterial District: Existing Zoning: Received by: .' ) /2µ PC/BZA date: I { L( & 0 J o Administrative Appeal ( 10 s ) ts S 1 ~lÒ 1:f :J (~I(j)~3G-5Zi1; ( [) '1 0 ) 51.0 - "3, ~ 1. 9;( S4~... T...~.",-," ) Existing Land Use: Rur~ ~~f'A..t..S.'1~~ - V~~c.Q...t"\t , ,.. ,.,. ,.. - ,. ,.-. ... , ..... .. .. - . . - ., .,. - , _ r ..}... . ~: - _ . _ . ., -",..- ':'REZ(i&f'liJ:~f:~c@. vSE.:rERMiiJ.f¡þ:·::Jf41f¥¡Ji;;.t¡.ìjtiçANis (R/s1W):,:-': ,. :::-.' Proposed Zoning: A ?"), I ç f e&iaA V ç e t .ß..r"...... iT Proposed Land Use: ~ ?~ ~r+- ~ L.V ~ . , , , Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes~ No 0 IF NO, A VARIANCE IS REQUIRED FfRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes" No 0 IF NO, A VARIANCE IS REQUIRED FIRST Ifrezoning request, are conditions being proffered with this request? Yes 0 No 0 . , ,. . ~ .. , . - - " ,.. . - , . . , -, ,. ". '" ..,. "-. - . . '.. .'·:'V~¢t?:::::JYAlVER:AJv.p";WMjNiŠtRÅiiri:4·i¡fß&::'Aj-ftIÇ::UYi;~.:d!fl¥¡#J:::.'::. VarianceIWaiver ofSection(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. IW~I VIi WSffl V/AA WSffl V/AA .. Consultation . 8 1/2" X II" concept plan Application fee V Application Metes and bounds description rJ Proffers, if applicable . Justification H Water and sewer application ~ Adjoining property owners I hereby certify that I am either the owner of the property or the ovmer's agent or contract purchaser and am acting with the knowledge and consent of the owner. 17 -/ . 4(\11 '-IL ~~ u . l. I r. Owner's Signature Ö ( fcf' Vif.1..Q,..ro, \!,J~{"~ ':>:> \ 2 ,.... '. ."\~,,..... I "''l~J. t 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 fA 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, VA 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 " \" \ '.. 'OJ~§, ultimately result in a more connected community. The site at the Turner ~ property also minimizes visual impact on the surrounding area, helping to maint~n 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 emçrgency situations, such as was experienced last year with Hurricane \<\.c:.-~sab~~a. The proposed. facil~ty ~~ e~ce the number and a~ili~ of citizens rf\~ \~ ;ofthis area to commumcate ill sumlar disaster or emergency SituatiOns. 5. '(. e proposed tower does not encroach upon any historic buildings or· districts. t -', Since the proposed tower is at least 1.5 miles from any buildings, it cannot , ,.. ~~!lcroach on the Ar~ of Potential ~fIects. .. . 6.þ' The proposed tower IS unmanned, mvolves II1.lD1ID.al dIsturbance of ground ~ area, and therefore places no burden on public facilities. Ú. r"~Cü, J--_) ---"f\'iX'J. . 'tQ! \rJ - i \.~ L-- ç:: J 0--- ~ 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. N/ 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 311 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 COlIDty 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 determine 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, VA 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, VA." Again, V erizon Wireless asserts that a comprehensive, seamless and competitive wireless communications inftastructure 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 and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. ..,'{ (-''''1. . .:...)- ! While the proposed wireless communications facility will have a visual impact on both adjoining properties and the surrounding are~ 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. ~/ t\J In addition, the proposed wireless communications facility poses no impact in tenns of water and sewer. In terms 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. Q.) t)) c:: Q.) L.... ::::.. Q) Q.) ~ a:: ~ 1:: C1) 0 .... Q.. ..c:: Q.. \J :J (I) C ........, 0 Q . --. Ct:: ~ Q.) "- ~ Q ~ L.... ~ ~ ~ ~ "- . . ~ § Q.) Q to E ...-- cõ c'" 0') ..Q 0 ëù to ~ c :2: ~ Q) ....... ....... c ~ :J c...> Q.) & ........, :J:: . --. 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It') t.ci r-..: tti 0; d .....: r...; :? .,,¡ LO o o C\I ('ì')" .,..- L.. LO .8 CD 0 o UJ Õ ~ ~ 0 (~, \ ~" --.. m ~, :E ~ :;;z:: o I ~ c (j) n:\04Oi.5\døta\dwQ8\boae\teOle exhibit UNITED STATES DEPARTMENT OF THE INTERIOR JEFFERSON NATIONAL FOREST <::--J ~ O\)~~ c.O\)~\ov.~ ç c.~G ~OÞ.\' UNITED STATES DEPARTMENT OF THE INTERIOR JEFFERSON NATIONAL FOREST PROPOSED LESSEE 75' X 75' LEASE AREA N/F DAVID M. TURNER P.B. 26, PG. 147 TAX MAP# ~OO-1-36 N/F DAVID M. TURNER P.B. 26, PG. 147 TAX MAP# 7.00-1-89 PROPOSED LESSEE INGRESS/EGRESS PROPOSED LESSEE INGRESS/EGRESS N/F COMMONWEAL TH OF VIRGINIA CATAWB4 HOSPITAL D.B. 213, PG. 231 TAX MAPI 7.00-1-5 N/F DAVID M. TURNER P.B. 26, PG. 147 TAX ~PI lOO-1-50 N/F DAVID M. TURNER P.8. 26, PG. 147 TAX MAP# 7.00-1-51 N/F GREGORY JOHN GEREAUX de TERESA T. GEREAUX INSTRUMENT NO. 200208924 TAX MAPI ZOO-1-49 N/F JANET L B4RTZ 0.8. 1558, PG. 1247 TAX MAP! 7.00-1-38 S) ~& 'ó~tö Á~ ~,,<v *"~' ~íj ~~. ENGINEERIt-«; CONCEPTS, INC. 20 s. ROANOKE ST., PO BOX 619 Fl\lCASTLE, VlRGNA 2A09O 5AOÂ13.1253 FAX: 5AOÂ13.1254 LEASE EXHIBIT SITE LAYOUT CATAWBA TURNER RAW LAND SITE ROANOKE COUNTY VA REVISED 04-05-05 REVISED 04-04-05 1" == 500' 03- 1 0-05 04095 C? -_ , -"~-J United States Department of the Interior November 10, 2005 NATIONAL PARK SERVICE Appalachian National Scenic Trail Harpers Ferry Center Harpers Ferry, West Virginia 45425 IN REPLY REFER. TO: Janet Scheid, Chief Planner Roanoke County Department of Community Development P.O. Box 29800 Roanoke VA 24018 Dear Ms. Scheid: Thank you for the opportunity to review and comment upon Verizon Wireless Company's proposal to construct and operate a ISO-foot cellular tower at 37 °23 '38.8" north latitude, 80 007' 3 7.4" west longitude, in Roanoke County, Virginia. As you know, the site is potentially visible from several locations along the Appalachian National Scenic Trail. As you also may be aware, the Appalachian NationafScenic Trail is one of Ç>~ n~tiÇ)n_'s most important scenic and recreational resources." Cónceived in 1921 arid completed by 1937, this 2,175-mile footpath was protected by federal legislation in 1968, when the United States Congress passed the National Trails System Act (16 V.S.C. 1241 et seq.). In passing this legislation, Congress designated the Appalachian Trail as oUr nation's first national scenic trail and directed the secretaries of Interior and Agriculture to protect the Appalachian Trail "to provide for maximwn outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which such trails may pass." The Trail today is maintained and managed by the volunteer organizations that built it (including the Appalachian Trail Conservancy and the Roanoke Appalachian Trail Club), and provides opportunities for millions of Americans to enjoy the scenic and natural wonders of the Appalachian Mountains. The National Park Service is concerned about the potential negative visual impact this proposed facility may have on the Appalachian National Scenic Trail and its visitors. Our initial review indicates that the tower will be visible from several vantage points on Catawba Mountain, as well as from the Morehead Farm along Route 624. In addition, it is possible that the tower may be seen from two of the premier overlooks on the Appalachian Trail in Virginia, at McMee's Knob and Dragon's Tooth, although these views would be visible from a distance" of more thall "three miles. Our "primaI)' concern is that the proposed tower not be visible against the horizon line or skyline as seen from the Appalachian Trail. If this can be accomplished, \:ve believe" that (.,,~, " <O~., ~t the visual impacts of the proposed tower, at least as seen from the Appalachian Trail, can be sufficiently mitigated by constructing a lattice-style structure without lights. If, however, the proposed tower will rise above the horizon line as seen from any vantage point on the Trail or require lights or hazard stripes of any kind, we do not believe that the visual impacts of the proposed tower can be adequately mitigated, and we would request that an alternative location be considered. Please contact Don Owen of my staff (at 304/535-4003) if you have any questions or concerns. Thank you for your consideration of our concerns, and thank you for your assistance in ensuring that one of America's national treasures is properly protected. cc: Dave Startzell, Executive Director, A TC; Laura Belleville, Regional Director, A TC; Jim Hutchings, Roanoke Appalachian Trail Club, Bob Peckman, Roanoke Appalachian Trail Club, Charles Parry, Roanoke Appalachian Trail Club; Liz Belcher; Roger Holnback; Teresa Martinez, A TC (via email) Site of Tower _AG3 _fP _AG1 AR _AV C1 IIEiI C2 :;:L1 C2CVOD 11 : 2 [Æ]PCO PRO œ PTD R1 R2 R3 R4 Roanoke County Department of Community Development N Applicants Name: Verizon Wireless Exísting Zonjng~' AG3 Proposed Zoning: AG3S Tax Map Number: 7.00-1-36, 7.00-1-50, 7.00-1-89 Magisterial District: Catawba Area: 315.42 Acres October 26, 2005 1 ir.ch equals 1,000 feet  -. '. --'"- .... .' "J.~~"~",~"",,.r;; ~.......... .. ;..~ . ,,:-. I ,~...., L~ ~~ ~ ": ,_ .-- :.. .: _ -. l'.' ';:". 4"-;-S ,............ \: . J '. , .;.' -. '. ~~ ~ ;.. ~ 'I,r- ... ~:."': ., ' .... '""Ii ............-;1..-..~. .. ~- ....";"" ......" ~..... r'.4--~""":"-."·J" ~~ 1':'-.... - -=.... .....""':,".....~. ... ~ ~.......~ ---- ,oO. '" ~,,,,,...t ......" · (.. -II ~. ~ ~~~~::~~~t~ ~ {~.,-~' ..... ..." :.1 ~ ..." I~'" .rill . i""~_1 ~. .... LV....· - ~'r: _ _ ~ 1i. . . .....'....-.. .. . ~ ,,-~....." .... Q) ~ ~ Q) ü S-Q PETITIONER: CASE NUMBER: Grant Avenue Development 20-11/2005 Planning Commission Hearing Date: February 7,2006 (Continued from November 1, 2005 and December 6, 2005) Board of Supervisors Hearing Date: February 28, 2006 (Continued from November 15, 2005 and December 20, 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 would be the minimum amount necessary. Mr~ Paul Brown of T.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 S-à 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. Natt 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 1 0' 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. 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. 2 s~ E. PROFFER(S) 1) The hours of operation shall commence no earlier than 10:00 AM on each morning. F. COMMISSION ACTION(S) 11/1/05: 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. 12/6/05 (Update): Mr. Ed Natt requested a 60 day continuance. Mr. Jarrell made a motion for a 60 day continuance. Motion carried 5-0. G. DISSENTING PERSPECTIVE None. H. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 3 s-'\ ~..., MEMO To: PLANNING COMMISSION From: KATE YOUNGBLUTH, PLANNER II Subject: AGENDA ITEM: GRANT A VENUE DEVELOPMENT SUPIREZ APPLICA TION Date: NOVEMBER 22, 2005 On November 17,2005 Anthony Ford, myself, John Ho~st ofVDOT, Susan Hammond of VDOT, and Paul Brown ofTP Parker & Sons met at the VDOT building in Salem. The meeting was held to discuss the Traffic Impact Analysis Paul Brown had submitted to members ofVDOT and the County on November 4,2005. Both Anthony Ford and VDOT agreed that there were three outstanding items regarding the traffic study and site. The three issues are listed below: 1. The commercial entrance permit could not be issued at the proposed location because it does not provide adequate sight distance onto West Ruritan Road. 2. The Traffic Impact Analysis that Mr. Brown conducted was not completed using the most current data available, therefore he was asked to complete a new Analysis. 3. The left turn lane from Route 460 onto West Ruritan needs to be significantly lengthened to address current and future needs onto West Ruritan. Mr. Ford will be available to answer any questions you have during the December 6th Planning Commission public hearing. Thank you for your time. ii;.'f,:':\,šî"fF·'.R~eQjit ' Grant Avenue Development This is a petition of Grant Avenue DevelopmentJ Inc. to rezone 1.3014 acres from C- 1,Offjce District and .0786 acres from C2C General Commercial District with Conditions to C-2CJ 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. . .' C.< ___.. \ ~:q.~,,,- Petitioner: Request: Location: 3814 Challenger Avenue Hollins Magisterial District: Proffers/Suggested Conditions: P roffe rs : 1) The subject property will be developed in substantial conformity with the "Concept Plan for GRANT AVENUE DEVELOPMENTn 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 earlie r 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 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 shaH 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 betvveen 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 coJor scheme shall be in general conformity with 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 cJeaner 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 fiow 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 s-~ 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 couJd 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 UA 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 forlowing buffer must be established between a C2 and R1 zoned properties: The app1icant 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 followjng 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 "....-..!' .. ~'" "\ J-r::~" 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 level 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 VOOT commercial entrance permit shall be required. Existina 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 NA 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) AU 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 n 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 An 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 ;s 3806 Challenger Avenue and contains itA Cleaner World." This property was rezoned from C1 to C2C in accordance to Ordinance 072898-11 in 3 s-~ '\ 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 actjvated October 13, 2005 by VDOT. TopoqraphvNeqetation - 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 uA Cleaner World Dry Cleaners. n 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 R1 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 Lavout/Architecture - The applicant's concept plan dated October 25, 2005 shows one access from West Ruritan Road with cross access shown through NA 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 J'Sign Plan" submitted and proffered by Ed NattJ 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 croser to eye-level to travelers on Challenger Avenue due to the fact it is located in the stormwater management pond. 4 ~:""";1 _ ~.. "-..,,, " ·V ~.~ AccessfTraffic 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 uA 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/Uti1ities - 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 Pfan. 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 Drive-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 Worldtl site. In addition) this cross access easement allows patrons of both sites access to the new traffic fight on West Ruritan Road. The suggested conditions regarding light fixture height, commercial trash collection, signaget 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. r,.,l The ~ Æ;z¡( I\Y ficant has volunteered the following proffers be established for the site: 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 Arbyts Restaurant,tI prepared by T.P. Parker & Son, Engineers, Surveyors and Planners, under date of August 30, 2005 revised2ctobe125~2QQQ.. 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 djrect 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 d~~ 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 shari 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 co10r 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 PIanning & Zoning For Staff Use Onl Date received: Received by: Apphcation fee: P C/B ZA date: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX Placards issued: BOS date: (540) 776-7 1 55 Check type of application fil ed (check aU that apply) )(Rezoning )(J Special Use U Valiance U Waiver U Administrative Appeal Applicants name/address w/zip Phone: G t Avenue Deve I opnen t I nc Work: 7 2 5 - 8 1 8 0 ran , . ~TACT : Ed.va rd A Na t t Esq Cel1 #: · , . 3 1 4 0 Ulapa r ra I Dr Su i te 2 0 O-C, Roa noke VA Fax. No.: 7 7 4-0 9 6 1 · , , Owner' s name/address w/zip Phone #: Ray and Sa I I i e EdNa rds Rea I Es t a t e Li m i ted Work: 7 2 5 - 8 1 8 0 Pa r tne r sh i p cx:NTÞCT Edwa rd A . Na t t , Esq . Fax No. #: 7 7 4-0 9 6 1 3 1 4 0 O1apa r ra I Or · , Su i t e 2 0 0 -C, Roanoke , VA Property Location Magisterial District: Ho I I i ns 3 8 1 4 O1a I I enge r Avenue COlnmunity Planning He I I i area: ns Tax Map No.: Existing Zoning: C- 1 ~ C. 2- .z 0 5 0 . 0 5 -0 1 - 1 9 . 0 0 ~ Size of parcel(s): Acres: 1 . 3 8 ac re 5 Existing Land Use: Va can t Proposed Zoning: C-2-C Proposed Land Use: Arby I 5 Fa s t Food Res t au rant wId r i ve- th ru w i ndow ~ the parcel meet the minimum lot area, \VÏdth, and frontage requirelnents of the requested district? No IF NO, A VARIANCE IS REQUIRED FIRST. oes the parcel meet the minimum criteria for the requested Use Type@ No IF NO, A VARIANCE IS REQUIRED FIRST @ If rezoning request, are conåitions being pro ffere å wiih this request? No V ariancelW aiver of Section(s) of the Roanoke COlUlty Zoning Ordinance In order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s ): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Case Number Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS .ARE MISSING OR INCOMPLETE. RJS/W VIAA RlS/W VIAA PJSf\V V/AA ~ Consultation êjj 8 1/2" x II" concept plan ~ Application fee X 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 acrent or contract p~rchaser and am acting with the knowledge and consent of the owner. . PAY LI E ATE LIMITED PARTNERSHI P BY : W'~ Owner's Signature CRÄ1'IT BY : V'P I APPL J CA.NT ~<....<" ") ~---~ \ Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERlvIIT PETITION PLANNING COMMISSION ApPLICA TION ACCEPTANCE PROCEDURE The Roanoke County PJanning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or SpeciaJ Use Permit petition if new or additionaJ information is presented at the public hearing. If it is the opinion of the majority of the P]anning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequate]y eva]uate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the P]anning Commission may vote to continue the petition. This continuance shaH aJlow sufficient time for aU necessary reviewing parties to eva]uate 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 p]anning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff ITom the Virginia Department of Transportation requests further traffic ana]yses and/or a traffic impact study that would be beneficia] 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 paclwge). 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 p]anning staff and the Planning Commission~ If a continuance is warranted, the applicant wi]] be notified of the continuance and the new]y scheduled public hearing date. Effective Date: April 19, 2005 6r~Jl )XVlÜO£rVittt Qh1f SUP ~:JmQiion _ rP Petitioner's Signature JD/nto \ \ Date <..... .... ..-...,.,'.",..,....,.. ~"~J r::Y....., 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 wouJd provide for restaurants. The purpose of the Special Use Permit is to allow for a drive-thru Jane 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 water/sewer, roads, schools, parks/recreation and fire and rescueD The request for the Speciai Use Permit will have no negative impact on the public services and facilities within the area. F :\US ER S \C 8 a umgardner\Z ON IN G\Grant A ve-S P U-R EZ Challeng er'J US T I FICA TlON-S P U. d DC \.'.. '.-. ~. ,~~-- 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 Limited Partnership Contract Purchaser: Grant Avenue Development, Inc. ADJOINING PROPERTY OWNERS This list as fotlows are those property owners who own property beside1 behind or across the street from the subject property noted above: COUNTY OF ROANOKE Official Tax Number I Property Address Owner's Name and Mailinq Address 050.01-01-02.04 3801 Challenger Avenue Bank of Botetourt cIa 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\ZONfNG\Grant Ave-SPUøREZ Cha1!enger\APO.doc August 31 2005 Page 1 of 2 (:"'.~ ~-' .) COUNTY OF ROANOKE Official Tax Number I Property Address Owners 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\CBaumgardner\ZONING\Grant Ave...SPU-REZ Challenger\APO.doc August 31. 2005 Page 2 of 2 aps ,,~~ 0' ¿~ "ð ~5. '" 11'...1]1 """'.... , ~_l ~ V., 1- Page 1 of } ~~~, S-~. 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 t.o 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 bear~ng 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' 0ê'~ 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:\US ER S\C B aumgardner\ZON ING\Grant A ve-S PU-R EZ Cha lIenger\LE GA L.doc ·8-14/ ," ,...)"~~ ~ . . """. -=----"- .----: , RrE 'LibD. . ," B€~ . :' '.ROA-D.. E LE'-I, ". ~ . . ¡ ~LEvirTl~ ' .., " ~ ..~--- BellM ., ',E3ld . , If r £JVDS I~ ; CROSS 'St:c~nDtJ ·V·iÈw' ·FROM"RTt·.- ·if bÐ~' -' '., , ... .. ~... . . .' r1 .~" Signage Program' . . ~.,.~ .,¡. . 4 ~ :- . . I ,i." I. ~ ~:t ~!/. ' :'4' . ':'" ~!:,.-: ; i .:. ~ . . ' , " '. ': .. ..... 1', , .-~"::.. -' . ;~..: . .. . 'r" . . .." ~: ..~ .''!',,: '. '"i·." .J.... ;: ,......":. 44 : ~i :-. . "~ " ::'; :-~ .:- t. ;.~i.~ ..- %:.:~. . §.<:~ :.~. ~r:;·. ,,(. .. ;.t;·- . ~) .~t::· ?,". _i'-: I i"I. . . " . . "' :l~ : . . OCT-18-200S 16:13 OSTERHOUDT PRILLAMAN NATT 15407740961 P.01/06 s~~~ .... ... "i ~ r ! "- ., . ," :I,: ...-~'>} -~ . - . OSTERHOUDT, PRJLLAMAN, NATT, HELSCHER, YOST7 MAXWELL & FERGUSONJ PLC Edward A. Natt Diract: (540) 725-8180 Fax: (5.40) 774..ogG1 ~~ ! ~IIK'" .~.. ;1 '. .' : ,(. .. I. . :i. -' To: Kate Youngbluth Long Term P(anner II/Site Plan Review · Plann1ng Dept County of 'Roanoke From~ Edward A. Natt Icsb . . . ..... 4' ....__.......-._ Fax: 772-21 08 Re: Grant Avenue Development RezoninglSp. U6e Permit 3814 Challenger Avenue Pages: 6 Date: October 18, 2005 LJ Urgent 0 For Review 0 Please (:Dmme:nt [] Please Repty 0 P'ea~~ R~L:yc:IA . Comments: The: information [jontaíned ir11his facsimile message is attamey-prlvi\eged and (.onfidel1tial inJonT\a1lon 'ntende.d only for the LJ~ of the individual or entRy named abovc. If the reader of thi3 mCSSBoe is net the intended recipientl you ::lre haraby norffied th:11 ::iny dì~~cmin:n1on, di~bLJtjon or oopy OT the; oommunlootlon I~ :;trJd.Jy prohlbtted. Ir you have' receIved this oommunlc.atton In error, pr~ase Immeclately notJry us by telephone and return the'onglnal message Lo us at lhe above addl~s.'S via ihë U. S. 1=>0$0131 StEsrvictis. Wet, willll:!irrluul's~ yuu ro,' postao~. Thank you. , " ~~:~:~ ~~". ~.. , I·· ~~~:. r~ t~~t.!i ":~"" 4~i' ~~~1L ~~~-: . ~~¡fl~L' 5·ff~ :,' ro·'!~¡ ¡I'~' ,.S; '~l~ ' ~I'J:: ~~'¡"'-' ~~. ~;;::' ~~:t ~II ~ I~ll \iõit"'. ~)'¥:~, ~t.f ~~. ~~r:~ ~?~ ~~ : :.r.¿: '::;' +:;t'."; !:~ ":,.. ~~;~ OCT-1B-2005 16:14 OSTERHOUDT PRILLRMRN NRTT 15407740951 P.02/05 "'<~·~.i'~; ~ """" " 'I., <..~) :Ç,~:i LAW O"'t'UIK!.: OS''l''ER:EIOUDT, I)RILLAMAN, NÄTT, IIELSCHER., YOF\T~ M A X"'\VRT;(. & FERGUSON. PLU (!dward A. Nan PIØo~p~ reply to; P. O. Box 201187 rto,,"r\okc. VA 24010 Di ~...i (~) T2..~ð1e.O F:¡~ l'SJfV) (''-''U¡,It;1 E-n'iEln· ~nOih@.opnlo'i'l',GOm ;"J\:Jl'lrl (jHAf-'A.HW"Y. n'RT~. SYTT'T~ ~l'O..C · R4 . A NI Ui..... V n·ll U ~, 4. ~:4111 H.1.l:. 0( 7 t.' ~ .It. I .11, hf. V, 'q () 1')..""1.1.. :.! 4.1 'S:3 Þ. 0..11('1.)1, D':"O tOR:. ).I. CM,OI\AbO '::;(.a~£l 1n 010] (\0.,·" u." I".oc {Po.;..o) llts,,""V j 0 þ (0;'0) 9ð8"OOOO tAX (~1,O) 77g ..01 D U October 18, 2005 VIA FACSIMJLE: 772-2108 MG. Kate Youngbluth long TArm Planner II/Site Plan RevieVt' Ro;anoke County Plann(nglZonlno Re; Grant AvenuliI Devølopment, Inc. - 3814 Challenger Avenue Dear Kate' I ;)ppreoie1e your cooperation in 9~tting up last night's meeting and seeing that H wr::nt smoothly. I am enclosing a drdfl ()f additional prcffsrs. We have added proffers relating to the esrliest th3t the restaurant would open and signege. I have indicated th~t we will have a proff~r rAIAti'n() tn lighting; which is being ~eveloped. Pleaie tiilke ~ ruok öl lhese and let me know if they are satisfactory, If so, as soon as I hCéJr from Paul relative to the lights, I wi1l chsnge that proffer and resubmit it to you. Again, thanks for your oooperation. \^lith besl per SUJ1éil J ~gët[tisl I am Very truly yours, nSTF:RHOUDT. PRILLAMAN, NATT. HELSCHER, YOST. MAXWELL & FERGUSON, P.L.C. ¿D ^ fIr- t:.dward A. Nan CAN/csb AUachment pc: VIA FACSIMILE: 315-255-2.561 Mr. Mark Mr. Mark Dunn' Grant Avenue Development f~: ~;. ~r~~" I~g· .. .,.. <.~., .,~p:~ . 'I~ ;r~. ~. ~~~': ~,..,. . ~':$'" .~~~,~ ; 1t~~'~ i~~ :;i> ~ t:' ~¡~¡,,, J¡:.~'~ ~¥C' ~~1.)"'f:Jt.~ hi. . If.~" ~~; ~i!I': j': . I: ~¡...~~.. ~~i" .- ~ ~'~. f~;' i· ~"'ì\ . . ~i~ ~r~¡{~' . ~~-:r.., . ~r.~~1~· f~T' ~,~-n....: . ~t ft.~~. . ~~':~'~- . ¥'i1f. :t~~~ ~!;~t ?d~~'~~. UL.I-IC¡-¿~~:::> Ib; 14 U~ [ t:t-<HUULJ I r't-< 1 LLHJTIHN NH I 1 :::>4~::r (" (4~ljb 1 ¡-'.~.5/~b s-~, pc: VIA FACSIMilE: 389-6167 Mr. Paul Brown T. P. Par1<er & San ~~.. I(~·~ ~¡:.:: :. I!·:· :31~;~' ~t t.'.i :. - ~i:~. t?i'· 1- : . . ..... .' (:.' .: l' .. ~f:· ~: i.,· ~. i"'èJ'···· J. '.',. I ~ :~.,. - . ~I';' - ~3~:'~ ~~~:'., t~~·,~: r.~...'. ~~~. ::1: r .'. ~.f~1 i~;~-. J~:~'¡.. ~I(,~~' . ·.i.1~.¡' . ~::1't:. '. If~? ~. tl5;t ~t.;: OCT-18-2005 15:14 OSTERHOUDT PRILLRMRN NHI I 1 ::>4~' (' (L.f ~'::Ib 1 r'.tJL.. ./l:::Ib ç~ ~ ..,\,(......r .. ....'-.J f PROFFERS Address of SubJect PropertY: 3814 Challenger Avcnu"s Hollins Magisterial District Raanoke County Tax Mä~ Nu.: 050.05-01-19.00 Applicant's Naml~: Grant Avenue Development! Inc_ Owners: Ray and Sallie Edward~ Ra~1 Estate lifTlited Partnership PROFFERS The unde¡rs1gned owner does hereby proffer the follDwlng conditions In conjunction with the reLonlng request 1. T~le subject property will be developed in substanti3.1 conformity with the "Conr~pt. P\;m fnr GRANT AVENUE DEVELOPMENT Requesting the Rezoning and Special Use Permit of Parcel C..1 to Construct AN MBV'S RESTAU~NT," prepared by T r rArker & SDn) F:ngineers. Surveyors end rl8nner9~ under date Df AUgU3t 30, 2005, revised September 22, 2005. 2. The hours of operation for the reslaurant shall con1menœ no earlier than 10:00 AM on e.Qch morning. 3. L)ghting - We sre working on this proffer and \Viti ~at it ready prior to the meetíng We will comply with the County Ordinance regarding the maximum amount of candles at the propf:)r1y (ín~ culd we will also provide samEt proffers relating to height of , ights and baffling 10 aaflact the light. 4. Slgnage - Sîgnage shari be in substantial conformity with the Sign Plan attached hereto. AppJJeant GRANT AVENUE DEVELOPMENr. INC. BY Its '\J 0 L L Y\S.......s \U S E.R S \c B 2umg:2 rd n e1"\ZON IN G\G r2 nt Al'rr.S P U..R EZ c.rrauflns e-nF' R. 0 F ~ I!~.s .dt'lc ~f.~~{..: . ~~Š" :......'.:..;1 ~~;: ~l ~~~;:~~ . f&~' ¡J:. ~1~: ~':"r'{",' : ~f I!~.·i ~~.' $~~;,: ~i~: I, it:J~': ~:j: t1C H'o:.. ~ . Ii. t.~.: ; ~ ~.'&.~"" ~~: ~~.~·I : ~r 3'S';Î't r~" le",-II'" I~.: ~ :): ~if ~..... ~,¡~·t OCT-18-2005 15:14 OSTERHOUDT PRILLRMAN NRTT ¡-'.~J/l1b 154ø7?4~:3bl ~.., <~ J,.. Owne r: RAY AND SALLIE EDWARDS REAL ESTATE LIMITED PARTNERSHIP BY H5 \UOLL ~vsw~ ERS\C'B QUms~rC:n~f\ZONIN C\G rant Ava.S).I UJ.l!:L Cl'1ellengl?Ñ"R (IF F E RS .dnr: "~r~ ~. " ... ~ '.\. ~ . .....: I r. ~ . ~ '1:'. : . ~~:i: , i~1!': i..: ~-~ r. i:.\:·... ~f\j: ~¡-!t.:~..... ~} ;1{;'~; , tj, ';'toI-." :a-Ir .J; ::- \: ~: ~ t,', f;:';:: ;, it ...~ J. . ~#': !k' r¡;' il: ~':::,,;' , }:f.: . J ~: ~ . ~~ .:; . ~ ~"~L .. \~~.:'.:: U~ 4U ~uu_ 4~'4~ '-" ~ , --I ,. '''-''~'''' , '~. S Ib~ H-E\b~' F~~' , L.ï(ùx>ÜO To 'Top;: :2.$ , . S I [worN ~~te:.~T ~:. .; tlo f\c~ È. LE\I.4-" o.~ "'fb Tc f".F Z~/!::- ' Rrf 4bD . . ~.o.ew~ E L.t::~ ) . ......... ......~I .. U ~,t f'..,.. . __ __. . t____ ~ ..-- -- ,s~~ l't I ~ 5 LINES . ÖF', . '. 8 INCH. . ¡I. : ,CHANGE" topy· ~ . " U;.TTERS :' · · · $ê~M---: EJ£tI . If r EIr'OS ~ · ." .. · : I '... .-f": 7' \ ~ , 8 wrDb C ~,OS5 . S~G1-I~'.1 ". \j~~.JJ ,FR~wl' 'R',-f' .{~ bÐ. t~ ~Ibtf~· SiJ]nr:lQe Proar;:jTn . . . " .. . ... t I..·' .' . ~ . 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J"~"~ ~;J > Zoning _AG3 .EP _AG1 '" AR ~ _AV C1 .C2 _ C2CVOD ~~11 _12 .PCD / PRD .PTD R1 R2 R3 " R4 - Street Centel1ìnes - Applicants Name: Grant Avenue Development, Inc. Existing Zoning: C1 Proposed Zoning: C2C Tax Map Number: 50.05-1-19 Magisterial District: Hollins Area: 1.38 Acres September 27. 2005 1 inch equals 200 feet Roanoke County Department of Community Development 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 ON DECEMBER 6, 2005 MEETING DATE: December 20,2005 Second reading of an ordinance to exempt the property owned by Roanoke Council of Garden Clubs, Inc., from property tax, said real property assessed at $712, 1 00 being 2.60 acres at 3640 Colonial Avenue, Cave Spring Magisterial District AGENDA ITEM: SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: ·§58.1-3651 of the Code of Virginia, 1950, as amended, grants county governments the authority to exempt property owned by nonprofit organizations when such property is used for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. The Roanoke Council of Garden Clubs, Inc. is requesting that it be exempt from property tax. The organization is exempt from taxation pursuant to §501 (c) of the Internal Revenue Code and has provided all information required by state law to the Commissioner of the Revenue. The Roanoke Council of Garden Clubs, Inc. will agree to execute an agreement with the County for payment of a 20% service fee in lieu of taxation. The first reading of this ordinance was held on December 6, 2005. FISCAL IMPACT: Tax exempt status will result in loss of taxable revenue of the value of the land and any structures in the amount of $3,130.40. This will be offset in part by the 20% service fee. S-3 AL TERNATIVES: After the public hearing, the Board may decide to grant this exemption by approval of the attached ordinance; or the Board may decide to refuse to grant the exemption. STAFF RECOMMENDATION: Staff recommends adoption of ordinance. 2 ~':,..,......'; r..:? '",.:~;\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20, 2005 ORDINANCE TO EXEMPT THE PROPERTY OWNED BY ROANOKE COUNCIL OF GARDEN CLUBS, INC., FROM PROPERTY TAX, SAID REAL PROPERTY, ASSESSED AT $712,100.00, BEING 2.60 ACRES AT 3640 COLONIAL AVENUE IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, The Roanoke Council of Garden Clubs, Inc., (UPetitioner") has petitioned this Board for tax exemption for certain of its property from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and WHEREAS, Virginia Code §58.1-3651 (A) sets forth the process and procedure by which a locality may designate property as tax exempt; and WHEREAS, Virginia Code §58.1-3651 (B) establishes certain requirements for notifying the public of a hearing regarding the proposed adoption of an ordinance exempting property and sets forth questions to be considered by the local governing body before adopting such an ordinance.; and WHEREAS, the first reading of this ordinance was held on December 6, 2005, and the public hearing and second reading of this ordinance was held on December 20, 2005; and WHEREAS, the Board of Supervisors, after due notice and public hearing has considered the questions set forth in Virginia Code §58.1-3651 (B) and, upon consideration of those questions, has determined that the application for the proposed exemption from taxation should be granted; now, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: S-3 1. That, in accordance with Section 58.1-3651 (A) of the 1950 Code of Virginia, as amended, the Board grants an exemption from taxation under Article X, Section 6 (a)(6) of the Constitution of Virginia of property owned and used by the Roanoke Council of Garden Clubs, Inc. for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. This ordinance is adopted by the Board after holding a public hearing with respect hereto as to which public notice was given and at which citizens had an opportunity to be heard. In adopting this ordinance, the Board has examined and considered the provisions of §58.1-3651 (B) of the 1950 Code of Virginia, as amended. The total assessed value of the real property owned by the Roanoke Council of Garden Clubs, Inc. is $712,100.00 and the property tax is $3, 130.40 per year. The Tax Parcel No. of the property is 77.18-3-15 and said parcel is located at 3640 Colonial Avenue, Roanoke County, Virginia, 24018. 2. That pursuant to §58.1-3605, the Roanoke CounciJ of Garden Clubs, Inc. shall file triennially an application with the County's assessing officer as a requirement for retention of the exempt status of the property. Such application shall show the ownership and usage of such property and shall be filed within the next sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. 3. That the Roanoke Council of Garden Clubs, Inc. has agreed to enter into a Service Agreement with Roanoke County providing for the payment of an annual service fee in the amount of 20% of the County's real estate levies, were the Roanoke Council of Garden Clubs, Inc. not exempt from local taxation, for so long as Petitioner is exempted from state and local taxation. This service fee shall commence July 1, 2005, 2 .' .. (~~~\ -~~, ::>.~ .:¿ ,.J and shall continue for succeeding years so long as Petitioner is exempted from state and local taxation. 4. That the property owned by the Roanoke Council of Garden Clubs, Inc. be, and is hereby designated as exempt from property taxes of the County based upon the Roanoke Council of Garden Clubs, Inc.'s exclusive use of said property for charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. 5. That the clerk is directed to forward an attested copy of this ordinance to the Commissioner of the Revenue and the Treasurer for Roanoke County, and to Roanoke Council of Garden Clubs, Inc. 6. That the continuance of this exemption shall be conditioned upon the continuous use of this property in accordance with the purpose for which this organization has been designated; and, 7. That the effective date of this Ordinance is July 1, 2005. 3 ACTION NO. ITEM NO. S-y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 Second reading of an ordinance amending the Roanoke County Code by adding a new Section 21-22 to provide for the implementation of the 2004-2005 changes to the Personal Property Tax Relief Act (PPTRA) of 1998 AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~ )f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Personal Property Tax Relief Act (PPTRA) of 1998 established a state-wide 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 Senate Bill 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. S'-kj 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. The local governments can chose to take a loss on the collection, or "balance bill" the taxpayer for 1000/0 of the original assessment. At the work session that was held on November 15, 2005, the Board reviewed and approved the following to be incorporated into the attached 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 single 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. Attachment A shows examples of how a 2005 personal property tax bill looked under the old method, and how a 2006 personal property bill will look under the new method. STAFF RECOMMENDATION: At the conclusion of the public hearing, staff recommends approving the second reading of the attached ordinance. ~ 'l o --- L.J Attachment A Examples of Personal Property Tax Bills Under the Old and New Methods of Relief 2005 Personal Property Bill (Prior Method) $ 15,000 Practical Sedan Roanoke County tax ($3.50 per $100) less Car Tax Relief Balance owed by taxpayer $ 525.00 (367.50) $ 157.50 Note: The State is providing tax relief at 70% of the tax on the first $20,000 of personal use vehicle value 2006 Personal Property Birr (New Method) Practical Sedan $ 15,000 Roanoke County tax ($3.50 per $100) less Car tax Relief Balance owed by taxpayer $ 525.00 (349.13) $ 175.88 Note: The State is providing tax relief at 66.5°k of the tax on the first $20,000 of personal use vehicle value *** *** 66.5°"" is used as an example only. The exact percentage will be computed based upon the actual personal property tax book in the Spring of 2006. $- ¿;··f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20,2005 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY ADDING A NEW SECTION 21-22 TO PROVIDE 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 citied 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 2006, of a fixed sum to be used exclusively for the provisions 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; and WHEREAS, first reading of this ordinance was held on December 6, 2005, and the second reading and public hearing were held on December 20, 2005. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Chapter 21 , Article II of the Roanoke County Code be, and hereby is, amended to add Section 21-22, which shall read and provide as follows: ~~~t o 't f Section 21-22. (a) Purpose; Definitions; Relation to other Ordinances. (1) The purpose of this ordinance is to provide for the implementation of the changes to PPTRA affected by legislation adopted during the 2004 Special Session I and the 2005 Regular Session of the General Assembly of Virginia. (2) 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. (3) To the extent that the provisions of this ordinance conflict with any prior ordinance or provision of the County Code, this ordinance shall control. (b) Method of Computing and Reflecting Tax Relief. (1) 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. (2) The Board shall, by resolution or by order, 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. (3) 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. (c) Allocation of relief among taxpayers. 2 ~,""" I '- ".-'",,,- ":f '-" '1 i (1) 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. (2) Relief shall be allocated in such a manner as to eliminate personal property taxation of each qualifying vehicle with an assessed value of $1 ,000 or less. (3) 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 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. (d) Transitional provisions. (1) 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. (2) 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 § 21-18 of the County Code from the original due date of the tax. 3 .a. .. l' . (:.. .' t '~-- "'1 , 2. That this ordinance shaH be in full force and effect from and after January 1, 2006, and it shall become effective for the 2006 personal property tax year and all subsequent tax years. 4 ~-.5 PETITIONER: CASE NUMBER: EP - Explore Park District - Zoning Ordinance Amendment 12/2005 Planning Commission Hearing Date: December 6, 2005 Board of Supervisors Hearing Date: December 20, 2005 A. REQUEST 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. B. CITIZEN COMMENTS Sixteen citizens addressed the Commission. Some of the comments addressed both the EP District amendments, as well as the subsequent petition to rezone the Explore Park land. A little more than half of the citizens who spoke voiced opposition to the petition. Those citizens voiced the following concerns: destruction of wildlife habitat and forest ecosystems, preference to keep the existing master plan intact, lack of protection for historic and educational features of the park, opposition to proposed land uses such as gasoline station, car rental, convenience store, fast food restaurant, lack of specific details in the rezoning petition, concerns about only 30% of the park remaining as open space and lack of information about which areas would be preserved, concerns about traffic impacts to surrounding rural areas, references to old traffic studies, concerns that the process was moving too fast, buffer yard width of 75 feet may not be enough. Those in support of the petition cited the following: support of the Town of Vinton through the history of·Explore Park and for the proposed amendments, support of the Blue Ridge Parkway with the understanding that the County and Blue Ridge Parkway staff would work with Virginia Living Histories prior to December 20 to further review proffers #3 and #8 with respect to land adjacent to the Parkway, and possible relocation of the Visitor Center. Other supporting speakers addressed the history of the River Foundation and VRFA and the raising of public and private funds to develop a tourist destination, the need to encourage overnight guests to the region, benefits to the valley as a whole, benefits to local neighbors' home security to have more activity at the park, the proposed amendments reflect the original mission of VRFA and Explore Park. C. SUMMARY OF COMMISSION DISCUSSION Mr. Holladay presented staff reports for both this petition and the subsequent rezoning petition. This was done due to the interrelated nature of the two petitions to amend the zoning code and rezone the park land to the new code. The presentation of staff reports was followed by two separate public hearings and associated votes for recommendation by the Commission. The Commission requested that several items be either added or deleted from the draft document they were considering. In Section 30-71-4 (C), Ms. Hooker asked that the third sentence be amended to read..."of sufficient clarity, detail, and scale". Ms. Hooker also asked for the following sentence to be added to Section 30-71-4 (C) 7. "Include connections to intermodal transportation systems that are proposed in the Community Plan". Mr. Azar asked that amendments to Section 30-85-4.5 5 ¿"'-"It,.. '..\~ .--.1 Automobile Rental/Leasing be struck from the code. The Commission stated that that use was inappropriate in the Park and not necessary. Mr. Azar also asked that the building area in Section 30-85-24.5 be reduced from 50,000 square feet to 10,000 square feet. Ms. Hooker stated that 50,000 was excessive and while appropriate in a commercial district, it was not appropriate in the Park without additional review provided by a Special Use Permit. D. CONDITIONS n/a E. COMMISSION ACTION(S) Mr. Azar made a motion to recommend approval of the proposed amendments with the requested changes. Motion carried 4-1. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 6 ,,:,"--.J~~ ':~ "." '.:u.,' <;I"'~""""· - J~ County of Roanoke Department of Community Development Memorandum To: Planning Commission From: David Holladay, Senior Planner Date: December 1, 2005 Re: Proposed Révisions to the EP, Explore Park Zoning District Summary of Information In June 2005, the Virginia Recreational Facilities Authority (VRF A) executed a fifty-year lease of Explore Park lands to Virginia Living Histories, Inc (VLH). The lease allows Virginia Living Histories a three-year time frame to study the feasibility of operating a family destination resort at the Explore Park. Construction is expected to commence in June of 2008, unless a mutually agreed upon extension is granted. The lease also includes a representation and warranty that "The Premises is currently not zoned to permit the development of the Premises for the Tenant's intended use". Virginia Living Histories reviewed the existing EP, Explore Park District and Explore Park Master Plan, and expressed that a complete feasibility study could not be conducted unless amendments were made to the regulations. As a result, the VRF A and VLH have requested that the County consider amending the EP, Explore Park District regulations in order for VLH to proceed with their feasibility study and ultimate commencement of construction. The proposed amendments to the EP, Explore Park District would change the district regulations from a master-planned, PRD type of zoning district to a more traditional zoning district with a list of permitted uses and associated development and design standards. Currently, the EP District requires the VRF A to submit a master plan, and that master plan, once reviewed and accepted by the Board of Supervisors, becomes in essence, a unique zoning district. The proposed rezoning process would be a two-step process. First, the EP zoning district would be amended to include the list of permitted uses and associated development standards and amended definitions. Second, the land owned by the VRF A would be rezoned from the existing EP district, with its existing master plan and proffered conditions, to the new EP district, with new master plan and proffered conditions. The new proffers would address design standards such as buffer yards, structure heights and vehicular access to the park. 'S -,. ~~; Background Recent and Upcoming Events Involving Virginia Living Histories In addition to numerous meetings in September, October and November between County staff and representatives of VLH, the following meetings and events have taken place: September 20, 2005 - Planning Commission holds work session to discuss possible revisions to EP, Explore Park zoning district. Potential list of permitted uses is discussed. September 29, 2005 - Virginia Living Histories holds a Community Open House at the Explore Park Visitor Center to meet neighbors, answer questions and listen to suggestions for development of a family destination resort. October 18, 2005 - Planning Commission holds work session to discuss possible revisions to the EP, Explore Park zoning district. Draft code amendments are reviewed, and comments received. October 21,2005 - VRFA and VLH submit application to rezone Explore Park land in Roanoke County to the proposed new zoning district, pending/following amendments to the EP District code. November 1, 2005 - Staff from Blue Ridge Parkway, Roanoke County, and representative of VLH hold conference call to discuss proposed code amendments, rezoning request, and Blue Ridge Parkway involvement and issues. November 1,2005 - Planning Commission passes resolution to consider amendments to the EP, Explore Park District. November 7, 2005 - Staff from Blue Ridge Parkway, Roanoke County, and representative of VLH meet at Parkway headquarters in AsheviIle, NC to further discuss code amendments, rezoning request, and Blue Ridge Parkway iJ?volvement and issues. November 15, 2005 - Planning Commission holds second work session to discuss latest draft of proposed code amendments to the EP District, as well as to discuss possible proffered conditions for the proposed rezoning. November 17, 2005 - Staff from Blue Ridge Parkway and Roanoke County meet at County Administration Center to review latest draft of proposed code amendments and discuss parkway involvement and issues. November 21, 2005 - Roanoke County staff and representatives ofVLH meet to discuss rezoning proffers. December 6, 2005 - Planning Commission public hearing to review proposed amendments to the S-5 EP, Explore Park District, and to hear petition to rezone Explore Park land to the proposed new di stri ct. December 20, 2005 - Board of Supervisors scheduled to hold public hearings for the proposed amendments to the EP, Explore Park District, and for the petition to rezone Explore Park land to the proposed new district; pending Planning Commission recommendation. Amendments to Section 30-71. EP Explore Park District Permitted Uses As proposed, the EP district regulations include statements of "purpose" and "applicability" that define what the district is, and where it can be applied. The purpose section states that "These 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." The applicability section limits the application of the EP district to only lands within Roanoke County that are owned or leased by the VRF A and VLH. The new zoning code lists permitted uses in various categories. The list includes the primary uses proposed for Explore Park, and includes commercial recreation land uses, as well as others such as campgrounds, commercial stables, retail sales, restaurants and hotels. A second list of permitted uses follows the initial list. These are recognized as accessory or subordinate uses that will function to support the primary uses. The second list includes uses such as maintenance facilities, offices, minor automobile repair services, gasoline stations and conveniences stores. The listed permitted uses are use types already existing in the County Zoning Ordinance. Developed Area Ratio The proposed new code includes provisions to ensure that at least 300/0 of the park land in the County consists of open space, forested space, trails, buffers or natural areas. Criteria for calculating the ratio are given so that an on-going calculation may be provided as site development plans are submitted. Rezoning Application Process This section addresses requirements for application to rezone any land in the County to the EP district. These requirements will apply to the proposed rezoning of the existing Explore Park lands, as well as any additional land that VRF A and VHL might want to rezone in the future. Amendments to Section 30-80. Use and Design Standards Any of the proposed land uses that have an asterisk beside them have additional use and design standards. A number of these uses have new use and design standards that are specific to the accessory or subordinate uses referenced above. The intent of these standards is to not only limit the size and scope of the use, but communicate the intent that those uses have a support function, ,._r ~~ 0 and are not the primary use of the park. Retail uses, while listed as a primary park use, are limited in size so that a single establishment over 50,000 square feet would require a special use pennit from the Board of Supervisors. The use and design standards also address the only "Industrial" use listed for Explore Park - Transportation Tenninal. This is included so that various visitor transportation access options may be constructed within the park. Transportation terminals could include a train depot for a spur rail from downtown Roanoke, possible marina access from Smith Mountain Lake, as well as bus loading areas and shuttle services. Amendments to Section 30-29. Use Types; Generally (Definitions) Two amendments are proposed to the definitions in the ordinance. A definition of "Marina" is added, and the definition of Transportation Teffi1inal is amended to include marinas as an illustrative use. Conclusion To follow this proposed amendment of the EP District, VLH has requested to rezone 774± acres from the existing EP District, with existing master plan and proffered conditions, to the newly amended EP District, with new master plan and proffered conditions. This requires two separate recommendations by the Planning Commission and two separate votes by the Board of Supervisors. The code amendment would become effective immediately upon passage by the Board of Supervisors, and then consideration would be given to the rezoning request. '::;',:'..~,"--c:, V" --'1, -----I EXPLORE PARK SEC. 30-71. EP EXPLORE PARK DISTRICT. DRAFT 11/29/05 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 pennit 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 in the County of Roanoke owned or leased by the Virginia Recreational Facilities Authority (VRF A), Virginia Living Histories, Inc., and to any facilities, and/or operations on such land. Sec. 30-71 -3. Permitted Uses. (A) The following uses are pennitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Stables, Commercial * 2. Civic Uses Administrative Services Camps* Cultural Services Post Office Public Assembly Public Parks and Recreational Areas * Safety Services Utility Services, Minor 3. Commercial Uses Antique Shops Campgrounds s·,,~· (- .... 'J",J Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Golf Course* Hotel/Motel/Motor Lodge Restaurant/Family Restaurant/General Restaurant/Drive-in or Fast Food* Retail Sales* Studio, Fine Arts (B) The following uses are pennitted by right, subject to all other applicable requirements contained in this ordinance. These uses are recognized as necessary and appropriate accessory uses within Explore Park. The character and scale of these uses, however, must be subordinate and incidental to the pennitted uses set forth in (A) above. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Religious Assembly* Public Maintenance and Service Facilities * 2. Office Uses Financial Institutions* General Office 3. Commercial Uses Automobile Rental/Leasing * Automobile Repair Services, Minor* Business Support Services* Convenience Store * Gasoline Station * 4. Industrial Uses Transportation Terminal * (C) Within the Park, there shall be limits on developed areas in order to ensure that at least 300/0 of the acreage of the Park, within the jurisdiction of the County of Roanoke, consists of open space, forested space, trails, buffers or natural areas. To achieve that objective, those uses which are identified in subsection (A) and (B) above as pennitted uses shall not exceed 70% of the Park's acreage in the County of Roanoke. 2 s..:.5 1. Calculation of Developed Area ratio a. Buildings and other structures, streets and other paving, utilities, filling, grading, and excavating shall be included in the calculation of developed area. b. Any pasture, crop land, forested areas, trails, ponds other than storm water detention areas, recreated natural features, buffers and similar open or yard areas shall not be calculated as developed areas. c. During site development review, the limits of disturbance for each development shall be identified in order to calculate developed areas. In addition, 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 700/0/300/0 rati 0 . d. So long as the 700/0/30% 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. Rezoning 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. (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 3 ~-5 within the district. Should surveyor title work disclose that any parcel or portions thereof were erroneously included in the rezoning application, then the applicant may remove said parcels from the application without invalidating the rezoning of the other submitted parcels 2. Current infonnation on the existing zoning and land use of each parcel proposed for the Park. 3. A topographical survey of the proposed site including infonnation 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. Infonnation 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. Infonnation on proposed plans for public utilities. 9. Inventory of historic resources. (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 infonnation 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. 4 S- J:.'" .;::) (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. 5 ,(..~'\, ~,~ 2.) 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-16. Gasoline Station. (C) Additional standards in the EP district: 1. No more than four (4) stations designed for dispensing fuel shall be located on site. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-24. Restaurant, Drive-In or Fast Food (A) In the EP District: 1. A special use pennit shall be required for any drive though facilities. Sec. 30-85-24.5. Retail Sales. (B) In the EP District: 1. A special use pennit shall be required for any single retail establishment that exceeds fifty thousand (50,000) square feet of gross floor area. SEC. 30-86. INDUSTRIAL USES. Sec. 30-86-11. Transportation Terminal. (A) In the EP district the following standards shall apply: 1. This use is provided to allow various visitor transportation access options to be constructed within the Park. 2. Typical uses include train depot, marina, bus loading and unloading areas, and visitor shuttle services. 7 0-5 SEC. 30-29. USE TYPES; GENERALLY Sec. 30-29-5. Commercial Use Types. Marina: A facility situated on a river which provides launching and secure moorings for water- borne craft and may also provide watercraft rental, supplies, fuel and marine repair services. Sec. 30-29-6. Industrial Use Types. Transportation Tenninal: A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of ground or water transportation, including bus terminals, railroad stations, marinas and public transit facilities. 8 S_ï ":J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 20,2005 ORDINANCE AMENDING SECTION 30-71, EP EXPLORE PARK DISTRICT, AND RELATED SECTIONS 30-29, USE TYPES GENERALLY, AND 30-80 THROUGH 30-88, USE AND DESIGN STANDARDS OF THE ROANOKE COUNTY ZONING ORDINANCE OF THE ROANOKE COUNTY CODE WHEREAS, Section 30-71 of the Roanoke County Code establishes certain regulations under the Roanoke County Zoning Ordinance applicable to the Explore Park to ensure that it be operated as an historical family destination resort, and these regulations ensure that areas surrounding Explore Park are afforded protections necessitated by the Park's development and operation, and that public facilities and services are planned and 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; and, WHEREAS, Section 30-29, Definitions, and Sections 30-80 through 30-88, Use and Design Standards, require amendments in order to conform with the amendments to Section 30-71; and, WHEREAS, the Virginia Recreational Facilities Authority (VRFA) and Virginia Living Histories, Inc. (VLH) have requested the County to consider amending these regulations in order to expedite development of this property as a family destination resort; and, WHEREAS, these regulations have been reviewed by the Roanoke County Planning Commission and it has recommended to the Board on December 6, 2005, that it is necessary and convenient to amend said regulations as requested by the VRFA and VLH. WHEREAS, public necessity, convenience, general welfare or good zoning practice may require consideration of amendments to the Roanoke County Zoning Ordinance which currently apply to the Explore Park; and, NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke as follows: 1 S~· .5··... ,-.. ....~...... ......'-' 1. That Section 30-71, EP Explore Park District of the Roanoke County Code be amended to read and provide as follows: EXPLORE PARK SEC. 30-71. EP EXPLORE PARK DISTRICT. 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 in the County of Roanoke owned or leased by the Virginia Recreational Facilities Authority (VRFA), Virginia Living Histories, Inc., and to any facilities, and/or 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 additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Aaricultural and Forestry Uses Agriculture Stables, Commercial * 2. Civic Uses Administrative Services Camps* Cultural Services Post Office Public Assembly Public Parks and Recreational Areas * 2 8"S Safety Services Utility Services, Minor 3. Commercial Uses Antique Shops Campgrounds Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Golf Course* Hotel/Motel/Motor Lodge RestauranUFamily RestauranUGeneral RestauranUDrive-in or Fast Food* Retail Sales* Studio, Fine Arts (B) The following uses are permitted by right, subject to all other applicable requirements contained in this ordinance. These uses are recognized as necessary and appropriate accessory uses within Explore Park. The character and scale of these uses, however, must be subordinate and incidental to the permitted uses set forth in (A) above. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Civic Uses Religious Assembly* Public Maintenance and Service Facilities * 2. Office Uses Financial Institutions* General Office 3. Commercial Uses Automobile Rental/Leasing * Automobile Repair Services, Minor* Business Support Services* Convenience Store * Gasoline Station * 4. Industrial Uses Transportation Terminal * 3 ,~" ~';'-~:¡ ."'fI" r",' :) (C) Within the Park, there shall be limits on developed areas in order to ensure that at least 30% of the acreage of the Park, within the jurisdiction of the County of Roanoke, consists of open space, forested space, trails, buffers or natural areas. To achieve that objective, those uses which are identified in subsection (A) and (8) above as permitted uses shall not exceed 70% of the Park's acreage in the County of Roanoke. 1. Calculation of Developed Area ratio a. Buildings and other structures, streets and other paving, utilities, filling, grading, and excavating shall be included in the calculation of developed area. b. Any pasture, crop land, forested areas, trails, ponds other than stormwater detention areas, recreated natural features, buffers and similar open or yard areas shall not be calculated as developed areas. c. During site development review, the limits of disturbance for each development shall be identified in order to calculate developed areas. In addition, 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. d. 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. Rezoning 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. (8) 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 4 ~~. -·:5 information which shall constitute a master plan. All information submitted shall be of sufficient clarity, detail, 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. Should surveyor title work disclose that any parcel or portions thereof were erroneously included in the rezoning application, then the applicant may remove said parcels from the application without invalidating the rezoning of the other submitted parcels 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. Include connections to intermodal transportation systems as shown in the Community Plan. 8. Information on proposed plans for public utilities. 9. Inventory of historic resources. (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. 5 c- \,>~"""'" C, "~....,.-t ,0 (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. SEC. 30-80. USE AND DESIGN STANDARDS SEC. 30-83. CIVIC USES Sec. 30-83-7.5. Public Maintenance and Service Facilities. (A) In the EP district, these facilities shall be used to service and maintain only EP district properties and/or access thereto. SEC. 30-85. COMMERCIAL USES Sec. 30-85-6. Automobile Repair Services, Minor. 6 S·-£, (C) Additional standards in the EP district: 1. There shall be a maximum of four service bays, one of which may be oversized to permit a bus or recreational vehicle to pull though for service. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-8.5. Business Support Services. (A) In the EP district, the following shall apply: 1. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-9. Campground. (A) General standards in the AG3 and AG1 districts: (The campground standards are unchanged, but would now only apply to the AG3 and AG 1 district, and not EP) Sec. 30-85-13. Convenience Store. (D) Additional standards in the EP district: 1. No convenience store shall exceed three thousand (3,000) square feet of gross floor area. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-16. Gasoline Station. (C) Additional standards in the EP district: 1. No more than four (4) stations designed for dispensing fuel shall be located on site. 2. Where adjoining a residential or civic use type, a minimum 100 foot setback shall be required. 3. No independent advertising through local media shall call attention to the Explore Park location of the business. Sec. 30-85-24. Restaurant, Drive-In or Fast Food 7 S-,5 (A) In the EP District: 1. A special use permit shall be required for any drive though facilities. Sec. 30-85-24.5. Retail Sales. (8) In the EP District: 1. A special use permit shall be required for any single retail establishment that exceeds ten thousand (10,000) square feet of gross floor area. SEC. 30-86. INDUSTRIAL USES. Sec. 30-86-11. Transportation Terminal. (A) In the EP district the following standards shall apply: 1. This use is provided to allow various visitor transportation access options to be constructed within the Park. 2. Typical uses include train depot, marina, bus loading and unloading areas, and visitor shuttle services. SEC. 30-29. USE TYPES; GENERALLY Sec. 30-29-5. Commercial Use Types. Marina: A facility situated on a river which provides launching and secure moorings for water-borne craft and may also provide watercraft rental, supplies, fuel and marine repair services. Sec. 30-29-6. Industrial Use Types. Transportation Terminal: A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of ground or water transportation, including bus terminals, railroad stations, marinas and public transit facilities. 2. That this ordinance shall take effect from and after its adoption. 8 ACTION NO. ITEM NO. 5-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 20,2005 SUBMITTED BY: Second 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 Elmer C. Hodge ~ #~ County Administrator AGENDA ITEM: COUNTY ADMINISTRATOR'S COMMENTS: For more than a year, Virginia Living Histories (VLH), Inc. has described their proposed plans for the redevelopment of Explore Park as a "Family Destination Resort." Mr. Vander Maten has said that it will be consistent with the goals of the Virginia Recreational Facilities Authority (VRFA) for Explore Park which are education, recreation, and conservation. These are key statements that provide the very foundation for staff reports and our recommendations to you. We believe that the VLH plan will be good for Explore Park and the Roanoke Valley. We believe that it will also be compatible with the Blue Ridge Parkway. To the extent that the petitioner provides proffers, and contractual language to assure you that future development will take place in this manner, the staff and I encourage you to approve his request. With your approval of this rezoning, the petitioner will be able to complete his marketing plans and contract with partners for activities within the Park. The proffers offered by the petitioner will provide ways for the County to monitor the development of the project and its compliance with the objectives of a "family resort destination." Since its inception in the 1980's, Explore Park has become an important part of our community, with its rural setting, proximity to the Blue Ridge Parkway, its natural beauty and wealth of history rich programs. The Blue Ridge Parkway is a valuable asset to Roanoke County and we have a great, long-standing working relationship with them. As we have done our staff work, it has been our objective to make sure the VLH development will be compatible with the Parkway. We believe that we have put in place protective measures that will apply to future phases of the VLH project. ...-c-" s-~~ The unfortunate reality is that the Park has continued to endure its share of financial difficulties and is in danger of closing unless we all DO something. In June 2006, the county's five year contact will expire and state funding has been reduced to year-to-year contributions. Approximately two years ago, VRFA representatives and County staff approached Tayloe Murphy, Virginia Secretary of Natural Resources, for guidance. Secretary Murphy, unable to provide or promise additional funding, encouraged a public/private partnership as a way to develop Explore Park. Virginia Living Histories presents an opportunity for such a partnership. For many months, staff has worked through the rezoning process with VLH to balance their need to be self sustaining, and the need to protect the park's many attributes. The Virginia Recreational Facilities Authority, Blue Ridge Parkway and National Park Service have been instrumental in this process. This important partnership should continue for the benefit of Explore Park, the Parkway and the surrounding community. My recommendation for approval is made with the understanding that: · Requests made by the Blue Ridge Parkway in its letter to the Planning Commission and subsequent letter to the Board of Supervisors are to be incorporated in the rezoning as proffers by the petitioner or inclusion by the Board. · The Blue Ridge Parkway will continue to be involved in development that affects those properties contiguous to the Parkway. · That a permit will be required from the Blue Ridge Parkway to extend utilities to the East side of the Parkway. · The format for this rezoning, while new to Roanoke County has been used by other localities for large tourism developments. Arlington, Texas, for example, uses a similar zoning designation for 100 acre and larger parcels being developed for tourism projects. I wish to commend the County staff, the Planning Commission, and VLH for the many hours of work on this tremendous opportunity. It is an opportunity with great potential and I recommend approval. PETITIONER: CASE NUMBER: Virginia Living Histories, Inc. (Explore Park) 21-12/2005 SJo Planning Commission Hearing Date: December 6, 2005 Board of Supervisors Hearing Date: December 20, 2005 A. REQUEST 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. B. CITIZEN COMMENTS Three citizens spoke on this petition. However, many of the comments from the previous petition to amend the EP District code addressed both petitions for Explore Park. Citizens commenting on this petition recognized the value of a successful Explore Park, but voiced concerns about lack of specific information, greenway access and access to the river front, historic structures in the park, questions if 30% is enough area to preserve, inadequate proffers, the need to find a middle ground between too much information and not enough information in rezoning petitions, establishing a precedent with this rezoning. C. SUMMARY OF COMMISSION DISCUSSION Mr. Holladay presented the staff report. The Commission noted that the petition was getting back to the original concept and were pleased that the River Foundation and National Park Service were supporting the petition. They recognized the importance of the National Park Service role in the function of Explore Park. They voiced concerns about proffer #7 regarding the ultimate maximum height of 125 feet, and asked the petitioner if a lower height of 90 feet would be considered as a proffer. The Commission expressed concern that there was no distinction between building height and structure height and indicated that they were comfortable with structure height of 125 feet but not building height. Virginia Living Histories stated that the height proffer was a result of numerous discussions between County staff and VLH, and requested the petition to be forwarded with the proffers as written. The Commission fOlWarded the petition with the proffers as written, with the note of their concerns about the maximum structure height of 125 feet. Prior to the recommendation vote, Ms. Hooker cited concern regarding lack of specific details in the petition. She also voiced concerns about public utilities and the future Section 2232 review specifically that the park could begin development with wells and septic systems, but then have some sort of failure prompting the immediate need for public services. She also noted her concerns about sign height and structure height in the proffers. D. CONDITIONS See attached proffer statement E. COMMISSION ACTION{S) Mr. Azar made a motion to recommend approval of the rezoning with proffered conditions. Motion carried 4-1. 7 F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission <::-~ j J-'o 8 'S-k> Petitioner: Virginia Living Histories, Inc. with consent of the Virginia Recreational Facilities Authority " .' -;- -' ..r",,'_ \:~_!~~;" :://--:>';::':>4 }I<· - ':~.'--,":- :' ::-., "~'-' : ,-,:_';:: - :,:- ::: :-;', -, -,"- -;':\:-: Request: Rezone 774± acres from EP, Explore Park District with existing master plan and proffered conditions, to new EP, Explore Park District with new master plan and proffered conditions. 3900 Rutrough Road Location: Magisterial District: Vinton Proffered/Suggested Conditions: See attached proffer statement EXECUTIVE SUMMARY: Virginia Living Histories, Inc. requests on behalf of the Virginia Recreational Facilities Authority to rezone 774± acres from EP, Explore Park District with existing master plan and proffered conditions, to new EP, Explore Park District with new master plan and proffered conditions. The requested rezoning would follow a proposed amendment to the EP, Explore Park District, currently under consideration by the Planning Commission and Board of Supervisors. The proposed rezoning includes a list of proffered conditions addressing issues such as relationships with the Blue Ridge Parkway, access, structure height, and buffer yards. Other regulations such as pennitted uses, design standards, and requirements for open space are addressed through a separate preceding action to amend the EP zoning district. The park and surrounding area are designated Rural Preserve and Rural Village in the 2005 Roanoke County Community Plan. Portions of the Park on the northeast side of the Roanoke River are designated Transition. Parks and outdoor recreational facilities are encouraged land use types in the Rural Preserve and Rural Village areas. The areas between Hardy Road and the Roanoke River were designated Transition in the 2005 update of the Community Plan. The Transition designation encourages orderly development of highway frontage parcels. This designation was applied to the areas near the Vinton Business Center, and Virginia Mountain Country, and includes adjacent Explore Park land. Future revisions of the Roanoke County Community Plan will need to take into consideration the effects of development at Explore Park on the surrounding transportation system as well as the surrounding community. Public water and sanitary sewer systems are planned for Explore Park. Extensions of these systems to Explore Park will require review for confonnance with the Community Plan, per section 15.2- 2232 of the Code of Virginia. Extension of public services through areas currently designated as rural would bring substantial change to those rural areas, depending upon the route of construction. Throughout its history, Explore Park has provided excellent visitor services in a unique outdoor recreation setting. But the park operates under constrained finances, and needs to continue to grow in order to thrive. The Virginia Recreational Facilities Authority, through its lease agreement with Virginia Living Histories, Inc~, has seized an opportunity to see the Park thrive. The proposed amendments to the EP zoning district, followed by this petition to rezone the Park property, represent an exciting and challenging change in direction for Explore Park. Major changes in Park access would require a rezoning petition to amend the master plan. In addition, if additional properties are acquired by the Virginia Recreational Facilities Authority in the future, these 5--10 -Properties would need to be rezoned through the same public legislative process in order to be used for Park facilities. This rezoning is just the beginning of a new and exciting era in the history of Explore Park. 1. APPLICABLE REGULATIONS Development of the park would be regulated by the amended EP, Explore Park District, as well as proffered conditions accepted by the Board of Supervisors for this rezoning. US Department of Interior, National Park Service approval is required for any utility crossing of the Blue Ridge Parkway lands. Virginia Department of Transportation (VDOT) entrance pennit is required for any new commercia] entrance from state highways. Site development review is required for confonnance with applicable County standards. 2. ANAL YSIS OF EXISTING CONDITIONS Background - The 1987 Explore Park Master Plan was the result of over two years of extensive public process to identify a site for Explore, identify and mitigate community concerns and develop the plan. The Master Plan described a development including the Blue Ridge Traveler's Village and Welcome Center, Ridgeline Resort, University Research Campus, Historic Fann, American Indian Park, Blue Ridge Town, and American Wilderness Park. This original Explore Park concept was an ambitious commercial park endeavor, and included lodging, conference centers, restaurants, museums, visitors' center, and park operations facilities. In July, 1991, the Roanoke County Board of Supervisors created a new zoning district, the Explore Park (EP) District, in recognition of the unique nature and diversity of uses proposed for the Explore Park. The purpose of this district, as stated in Section 30-71-1 of the zoning ordinance, is to ensure "that areas surrounding Explore Park are afforded any protections necessitated by the Park's development and operation," and "ensure that public facilities and services are planned and 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." The Virginia Recreational Facilities Authority (VRF A) is a political subdivision of the Commonwealth of Virginia, fonned to own and operate Explore Park. In June, 1993, on application by the VRFA, the Roanoke County Board of Supervisors rezoned 767 acres to the EP district. A detailed description and analysis of the rezoning application is given in a Staff Report prepared by Roanoke County Assistant Director of Plarming Mr. Jon Hartley on June 9, 1993. This report is available for review in the Department of Community Development, in file # 16- 6/93. The staff report offers a history of the planning process for Explore Park, as well as a description of the application documents. The Explore Park master plan that was approved in the 1993 rezoning was scaled back from the original 1987 master plan, and set aside almost 2/3 of the park as natural areas, including a 300-foot perimeter buffer area. All development in the park has occurred on the southwest side of the Roanoke River, rather than both sides of the river as originally planned. The Roanoke River Parkway was constructed, and links Explore Park to the Blue Ridge Parkway. The Roanoke River Parkway tenninates in a central developed area that includes the Taubman Welcome Center, Brugh Tavern, Blue Ridge 2 S-to Parkway Visitor Center and rark administrative offices. Other developed features include a 1 ih Century Tortero Village, 18t Century Frontier Settlement, 19th Century Valley Community, plus mountain bike and hiking trails and other recreational facilities and opportunities. By the late 1990s, many of the feasible development sites outside the designated natural areas had already been used for the features mentioned above. Also, potential development areas adjacent to the existing developments were constrained by the natural areas. Realizing these constraints, and the need for future space to plan and expand activities in the park, the VRF A voted in March, 2004 to repeal their natural areas resolution. In their resolution repealing the natural areas, the VRF A also requested the Roanoke County Board of Supervisors to amend the Explore Park District zoning ordinance to reflect the change. In June 2004, the Board of Supervisors amended the Explore Park master plan to remove the natural areas overlay. That amendment carried over all of the other written and graphic information from the 1993 rezoning request, and added a new proffer designating 75-foot, type E buffer yard and landscaping where park development adjoins residential and civic land uses. In June 2005, the VRF A executed a fifty-year lease of Explore Park lands to Virginia Living Histories, Inc. (VLH). The lease allows VLH a three-year time frame to study the feasibility of operating a family destination resort at the Explore Park. The June, 2008 construction is expected to commence, unless a mutually agreed upon extension is granted. The lease also includes a representation and warranty that "The Premises is currently not zoned to permit the development of the Premises for the Tenant's intended use". Virginia Living Histories reviewed the existing EP, Explore Park District and Explore Park Master Plan, and expressed that a complete feasibility study could not be conducted unless amendments were made to the regulations. As a result, the VRF A and VLH have requested that the County consider amending the EP, Explore Park District regulations in order for VLH to proceed with their feasibility study and ultimate commencement of construction. Subsequent to the amendment of the code, VLH has requested to rezone the Explore Park land to the new zoning district with new proffered conditions. The County of Roanoke has strongly supported Explore Park throughout its history. During the mid and late 1980s, the County helped facilitate an extensive community participation process that led to the 1987 Explore Park Master Plan. In the early 1990s, the County was involved in the Roanoke County Explore Advisory Committee, and later the Explore Management Group. Since that time, the County has provided financial and in-kind support such as annual budget allocations, planning, infrastructure design, surplus vehicle donation, and most recently, County parks and recreation staff support for recreational programs and management services. Recent and Upcoming Events Involving Virginia Living Histories In addition to numerous meetings in September, October and November between County staff and representatives of VLH, the following meetings and events have taken place: September 20, 2005 - Planning Commission holds work session to discuss possible revisions to EP, Explore Park zoning district. Potential list of permitted uses are discussed. September 29, 2005 - Virginia Living Histories holds a Community Open House at the Explore Park Visitor Center to meet neighbors, answer questions and listen to suggestions for 3 ~..~ ( .::::>~.,"" development of a family destination resort. October 18, 2005 - Planning Commission holds work session to discuss possible revisions to the EP, Explore Park zoning district. Draft code amendments are reviewed, and comments received. October 21, 2005 - VRF A and VLH submit application to rezone Explore Park land in Roanoke County to the proposed new zoning district, pending/following amendments to the EP District code. November 1,2005 - Staff from Blue Ridge Parkway, Roanoke County, and representative of VLH hold conference call to discuss proposed code amendments, rezoning request, and Blue Ridge Parkway involvement and issues. November 1, 2005 - Planning Commission passes resolution to consider amendments to the EP, Explore Park District. November 7,2005 - Staff from Blue Ridge Parkway, Roanoke County, and representative of VLH meet at Parkway headquarters in Asheville, NC to further discuss code amendments, rezoning request, and Blue Ridge Parkway involvement and issues. November 15,2005 - Planning Commission holds second work session to discuss latest draft of proposed code amendments to the EP District, as well as to discuss possible proffered conditions for the proposed rezoning. November 17, 2005 - Staff from Blue Ridge Parkway and Roanoke County meet at County Administration Center to review latest draft of proposed code amendments and discuss parkway involvement and issues. November 21, 2005 - Roanoke County staff and representatives of VLH meet to discuss rezoning proffers. December 6, 2005 - Planning Commission public hearing to review proposed amendments to the EP, Explore Park District, and to hear petition to rezone Explore Park land to the proposed new district. December 20, 2005 - Board of Supervisors scheduled to hold public hearings for the proposed amendments to the EP, Explore Park District, and for the petition to rezone Explore Park land to the proposed new district; pending Planning Commission recommendation. TopographyNegetation - Topography ranges from gently rolling meadows and forests to steep wooded terrain. The steepest terrain drops into the Roanoke River and Back Creek areas. Several small creeks drain the property, and all of the creeks flow to the Roanoke River or Back Creek. The Roanoke River and the river gorge are a major scenic attraction of the park. Virginia Living Histories has made known their intentions to incorporate this scenic resource in their development plans, but at this time does not have any specific development details for the river and the gorge. Two sections of the zoning ordinance will regulate development along the river. The Floodplain Overlay District and the Roanoke River Conservation and Overlay District will govern any development along the river, especially in the floodplain. Federal regulations will govern any 4 s-~ activity within the navigable waters and streambed of the Roanoke River and Back Creek. Vegetation consists of maturing and young mixed hardwood and evergreen forests. Some areas of the park are open agricultural pastures and meadows. Other areas have been developed into the existing park attractions and related services. Surrounding Neighborhood - Adjoining properties in Roanoke County are zoned AR, AG 1, AG3, and PCD (Planned Commercial Development). Many adjoining parcels are large acreage tracts containing single family homes and agriculturalland uses. These homes are located along Rutrough Road, Highland Road, Lemon Lane and Hogan Lane. Blue Ridge Parkway lands adjoin to the northwest of the property. The Roanoke Valley Resource Authority owns a large tract of adjacent land that contains the now-closed regional landfill. The Roanoke River Parkway crosses the landfill property and connects Explore Park to the Blue Ridge Parkway. Across the Roanoke River, Virginia Mountain Country occupies land zoned Planned Commercial Development. Adjoining properties to the northeast in Bedford County are owned by VRF A and are under consideration for development by VLH. Other adjoining properties in Bedford County, across the Roanoke River are large rural tracts containing single family homes and agricultural land uses. Community Open House - Virginia Living Histories held a community open hoùse on September 29, 2005 from 1 :OOpm - 8:00pm at the Explore Park Visitor Center. The meeting was designed to meet neighbors, answer questions, and listen to suggestions for development of a family destination resort. Staff from Explore Park, Roanoke County and the Blue Ridge Parkway, as well as representatives of VLH and VRF A, were available to receive comments and answer questions. Approximately 150 citizens attended, and some completed a brief questionnaire. Many of the previous drawings and plans for Explore Park were displayed around the room. While there were no new plans displayed for review, VLH had creative designers actively drawing concept sketches of possible park scenes and activities as they listened to comments from citizens. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture - The master plan submitted for this rezoning request consists of two drawings of Explore Park, as well as a list of proffered conditions. The first of the two drawings is a large sheet, dated October 2005, containing current aerial photography of the Park along with topographic information, as well as light blue shading of the Park properties. The drawing depicts various existing and planned/possible access points to the Park, as well as the local street network, Blue Ridge Parkway, Norfolk Southern Railway. The second of the two drawings is a smaller sheet, dated November 30, 2005 that shows basically the same information, but without the aerial photography or topographic information. The second drawing also shows nearby homes and churches, as well existing buffer yard information. Discussions of the submitted proffers are found below in various applicable sections of this report. In addition to the Master Plan drawings and proffers, the revised zoning code for the EP District would regulate which land uses are allowed, provide use and design standards for some of those uses, and regulate the percentage of Park land that may be developed. By proffer submitted with this rezoning petition, the buffer yards would be applied not only where park development adjoins residential or civic land uses, but along public streets as well. The proposed buffer yard is 75 feet, except around the Mayflower Hills Baptist Church, where the buffer yard would be 1 00 feet. Required landscaping within the buffer yard would consist of 5 5-10 a combination of trees and shrubs, or where sufficient, existing natural vegetation. Structure height is addressed in Proffer #7. Maximum height is limited to 45 feet for structures located at the minimum buffer line. That height may be increased 1 foot for each 2 feet of additional buffer yard provided, up to a maximum height of 125 feet. Proffer #4 addresses improvements visible from the Blue Ridge Parkway. For certain areas of the Park, as detennined by the NPS and VLH, improvements would comply with Blue Ridge Parkway design standards. Sign height is limited, by proffer, to 25 feet for any signs visible from a public right of way. Proffer #5 states that signs shall have a consistent design treatment and varying themes through different areas of the park. Most if not all of the signs for park services and features will be located internal to the Park. The intent of the sign proffer is not to regulate internal park signage, but to avoid tall sign structures that project above tree canopies and are visible from outside the park. In their application to rezone the Park property, VLH states that "Although sections of the Park may well have different architectural styles to emphasize different periods of time or locations, Explore Park will be developed in a unified fashion, through the use of consistent design and architectural themes, providing visitors with a unique experience." While this statement is not a proffer, it may help provide, albeit subjective, a value or standard by which the intent of Virginia Living Histories may be measured in the future. VLH has indicated their intent to use the existing structures in the Park. Per the lease between VRF A and VLH, VLH has the right to relocate or dismantle the structures in the Park. In any case, VRF A would retain ownership of the structures. Access/Traffic Circulation - Access to the Park would continue as currently provided. Visitor traffic would enter Explore Park via the Roanoke River Parkway, a spur road from the Blue Ridge Parkway that was constructed specifically as an entrance to the Park. Construction, delivery, service and emergency vehicle access would continue as currently provided from Rutrough Road. The rezoning application references traffic studies that were conducted when the existing access roads were reviewed and approved. The 1993 rezoning application for Explore Park included trip generation rates for the development. Per the staff report for that rezoning, the traffic projections generally coincided with those considered in the Roanoke River Parkway Environmental Impact Statement. The figures indicated that with the ultimate development in 2020, the level of service on the Roanoke River Parkway would approach Level C during weekday peak periods and Level D during weekend peak periods. In the mid 1990s, the Roanoke River Parkway was constructed based on expectations of steadily increasing visitor traffic to Explore Park. Mr. Anthony Ford, Roanoke County Transportation Engineering Manager, has expressed concern that the original traffic studies are dated in the late 1980s and early 1990s, and that the base data and methods for evaluating traffic impacts has changed since that time. Mr. Ford states concerns that the capacities of the existing road networks has changed as well. He also noted the need for additional information about proposed land uses in order to more effectively evaluate traffic impacts. 6 S-b Since the proposed rezoning petition does not include information about specific land developments, it is difficult if not impossible to conduct realistic traffic impact studies at this time. As VLH proceeds with their feasibility study, and subsequently commences development, some traffic and development impact analysis will be needed, for the benefit of all parties involved. The National Park Service will need to plan for future improvements and maintenance of the Parkway roads. The Virginia Department of Transportation and Roanoke County will need to plan for improvements to affected local streets, including the areas around the interchanges between the Parkway and Route 24 and Route 220. Roanoke County will need to evaluate traffic and land development patterns with respect to future land use plans. VLH will need to include traffic studies in their plans for growth in order to ensure the quality of their visitors' experiences. Several proffers submitted by VLH address traffic and transportation issues. Proffer #2 refers to the Master Plan dated November 30, 2005. Proffer #2 states that the primary visitor access to Explore Park shall continue to be the Roanoke River Parkway, and that construction, delivery, service and emergency vehicle access will continue via Rutrough Road. The Master Plan uses arrows to indicate points of access. Arrows indicate access from the Blue Ridge Parkway and Rutrough Road. Two of the arrows on the Master Plan are two-directional, indicating possible rail or river access. This indicates possible visitor access via train from downtown Roanoke, or possible visitor access via boat from Smith Mountain Lake. Three more of the two-directional arrows on the Master Plan indicate internal visitor transportation across the Roanoke River and Rutrough Road. The river crossing would connect property on both sides of the river, and could be a vehicular or pedestrian bridge, or some other form of visitor transport. The Rutrough Road crossings would serve as connections from the internal park road network to properties on the southwest side of Rutrough Road, but would not allow public access from the state highway. This could be bridges or on-grade, gated crossings. Two-directional arrows are also shown at the existing entrance to Mayflower Hills Park and, through private easement, to property on the north side of the Roanoke River. The arrows at Mayflower Hills Park point toward the existing service road for the now-closed regional landfill. The properties served by this road are owned by the Commonwealth of Virginia and the Roanoke Valley Resource Authority, and that driveway entrance is outside the scope of this rezoning. The access through private easement to properties on the north side of the river is subject to the terms of the easement language granting the access. Proffer #3 acknowledges the existing driveway and public access to Mayflower Hills Park and the surrounding Explore Park property that was once the American Center for Rare and Endangered Species. This proffer also addresses possible relocation of Mayflower Hills Park, and VHL's responsibility for replacing the county park. Since Proffer #3 really addresses two separate issues, one of continuing public access and another of relocation of Mayflower Hills Park, it may be helpful to split it into two proffers. Proffer # 10 addresses continuation of the Greenway system into the non-fee area of the Park. It would be helpful to have this proffer refer to the Roanoke Valley Greenway system. Proffer # 11 requires the internal private road network to be designed to allow access by emergency vehicles. It would be helpful to have this proffer also read "constructed" in addition to designed for emergency access. 7 C--:: I'll '(,.1 Blue Ridge Parkway -The Blue Ridge Parkway and Roanoke River Parkway are important neighbors to the development. Both of these parkway roads will function as primary visitor access to the park. The importance of continued cooperation and collaboration between the National Park Service, Roanoke County and Virginia Living Histories cannot be understated. In a letter dated 11/16/05 to Elmer Hodge, Roanoke County Administrator from Philip Francis, Acting Superintendent of the Blue Ridge Parkway, Mr. Francis states: "From the time that a visitor enters the Blue Ridge Parkway at one of three major interchanges, turns onto the Roanoke River and then enters Explore Park, the National Park Service (NPS) is responsible for the safety and quality of their experience." Mr. Francis continues in his letter to state that the NPS interest comes "from two fronts in evaluating Virginia Living Histories, Inc. redevelopment plans. First, we believe that their long term park 'theme' should be compatible with the Parkway's mission of'.. . enhancing the outstanding scenic and recreational qualities of the corridor that it traverses, conserving unimpaired its significant natural and cultural resources, and promoting in perpetuity the public enjoyment and appreciation of the central and southern Appalachian mount~ins.' Visitors will not easily separate where the Parkway and Explore Park begin and end experientially. What Explore Park becomes will be associated with the Parkway for better or worse." Mr. Francis continues, "Secondly, we are interested in proactively working with Roanoke County through your zoning and project review process to provide our comments and concerns up front." Several proffers submitted by VLH address parkway issues. Proffer #2, addresses visitor access via the Roanoke River Parkway. This proffer continues to state that "VLH shall work with the Blue Ridge Parkway to determine the specifics of that usage, including road maintenance responsibilities." This could take the form of a memorandum of agreement between NPS and VLH for snow removal and other road maintenance, and possibly construction. As mentioned above, traffic studies will be needed in order to evaluate these agreements. For improvements that are visible from certain points on the Parkway, proffer #4 requires the improvements to comply with Parkway design standards. The intent of this proffer is to ensure that critical views from the Parkway are not impaired by new Explore Park development. Proffer #8 acknowledges that VLH may need to relocate the Blue Ridge Parkway Visitor Center. This proffer spells out the responsibilities of VLH in such relocation, including the provision that a new facility must be constructed in its entirety before demolition of the existing facility. The proffer also requires any new facility to be comparable in size, accessible to Blue Ridge Parkway travelers, and free of charge for customary public use. The central theme of the relationship between NPS, VLH and Roanoke County is that the Park Service has, and will continue to have" a role in several key functions of Explore Park. The Blue Ridge Parkway and Roanoke River Parkway provide visitor access to the Park, and thus the Park Service has a stake in providing for visitor safety and enjoyment, plus planning for future roadway needs. For extensions of public water and sanitary sewer to Explore Park, any utility easement for crossing Parkway lands would require an Environmental Assessment pursuant to the National Environmental Policy Act. The Park Service has a financial and programming interest in the Parkway Visitor Center, and will playa key role in deciding the location and design of any relocated facility. And, the Park Service will have a role in mitigating impacts to their view areas 8 S-b and visitor experiences. Discussions between the National Park Service, Roanoke County and Virginia Living Histories continue, and may result in adjustments to the proffers mentioned above. Park Service staff plan to attend the Planning Commission public hearing on December 6. They will present comments on the proposed code amendments and rezoning petition, and answer any questions from the Commission. Fire & RescuelUtilities - Fire and rescue service would continue as currently provided from the Mount Pleasant and Vinton stations. Once fully developed, Explore Park would likely provide its own security and first aid services. Currently, all electrical and telephone service lines are located underground. Virginia Living Histories has proffered to continue locating these services underground. An above-ground water tank supplies pressure for a small system of water lin~s and fire hydrants. This system serves the developed area at the entrance to, the Park. In the historic· area near the Roanoke River, potable water is supplied by well and fire suppression water is available from the rIver. Two drip-irrigation septic systems have been installed in the Park. All other waste water disposal is through conventional septic drain fields. Public water and sanitary sewer systems are planned for Explore Park. Extensions of these systems to Explore Park will require review for confonnance with the Community Plan, per section 15.2-2232 of the Code of Virginia. Extension of public services through areas currently designated as rural would bring substantial change to those rural areas, depending upon the route of construction. Also, if those utility extensions need to cross Blue Ridge Parkway lands, the easement for crossing Parkway lands would require an Environmental Assessment pursuant to the National Environmental Policy Act. The timing and sequence of ultimate build-out at Explore Park is dependent on construction of water and sanitary sewer systems. Until these services are provided, ~he Park development will continue functioning on wells and septic systems. Hotels, restaurants and commercial recreation facilities need adequate water, waste water and fire suppression systems. The scale and scope of these facilities will depend on whether they are supported by wells and septic systems, ·or some sort of water and sewer system. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The park and surrounding area are designated Rural Preserve and Rural Village in the 2005 Roanoke County Community Plan. Portions of the Park on the northeast side of the Roanoke River are designated Transition. The Rural Preserve areas are mostly undeveloped, outlying areas. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forest, recreational and remote rural residential areas. Rural Village areas are generally rural community and fanning areas located in between intense suburban development patterns and the Rural Preserve and Conservation areas. Parks and outdoor recreational facilities are encouraged land use types in the Rural Preserve and Rural Village areas. The areas between Hardy Road and the Roanoke River were designated Transition in the 2005 update of the Community Plan. The Transition designation encourages orderly development of highway 9 <::- , ~\(J frontage parcels. This designation was applied to the areas near the Vinton Business Center, and Virginia Mountain Country, and includes adjacent Explore Park land. In 1991, the Roanoke County Planning Commission reviewed the Explore Park Master Plan for confonnance with the Comprehensive Plan, pursuant to Section 15.2-456 (currently 15.2-2232) of the Code of Virginia. The Commission determined that the Park concept and master plan were in substantial conformance with the Comprehensive Plan. Explore Park is recognized in the Roanoke County Community Plan as an important recreation and tourism resource. Future revisions of the Roanoke County Community Plan will need to take into consideration the effects of development at Explore Park on the surrounding transportation system as well as the surrounding community. Public water and sanitary sewer systems are planned for Explore Park. Extensions of these systems to Explore Park will require review for conformance with the Community Plan, per section 15.2-2232 of the Code of Virginia. Extension of public services through areas currently designated as rural would bring substantial change to those rural areas, depending upon the route of construction. 5. STAFF CONCLUSIONS Throughout its history, Explore Park has provided excellent visitor services in a unique outdoor recreation setting. But the park operates under constrained finances, and needs to continue to grow in order to thrive. The VRF A, through its lease agreement with VLH, has seized an opportunity to see the Park thrive. The proposed amendments to the EP zoning district, followed by this petition to rezone the Park property, represent an exciting and challenging change in direction for Explore Park. Future revisions of the Roanoke County Community Plan will need to take into consideration the effects of development at Explore Park on the surrounding transportation system as well as the surrounding community. Public water and sanitary sewer systems are planned for Explore Park. Extensions of these systems to Explore Park will require review for conformance with the Community Plan, per section 15.2-2232 of the Code of Virginia. Extension of public services through areas currently designated as rural would bring substantial change to those rural areas, depending upon the route of construction. Major changes in Park access would require a rezoning petition to amend the master plan. In addition, if additional properties are acquired by the VRF A in the future, these properties would need to be rezoned through the same public legislative process in order to be used for Park facilities. This rezoning is just the beginning of a new and exciting era in the history of Explore Park. CASE NUMBER: PREPARED BY: HEARING DA TES: 21-12/2005 David Holladay PC: 12/06/05 BOS: 12/20/05 10 12-15-2005 13:33 PAGE: 1 S-l, VIRGINIA: BEf~ORE THE ROANOKE COUN·fY BOARD OF SlJPERVTSORS IN RE: VIRGINIA LiVING mSTORIES~ INC. REZONrNG OF TAX MAP NUMBERS: 071403-01-15.00-0000 (18.78 acres) 071.03-01-10.00-0000 (24.16 acres) 071.03-01-11.00-0000 (3.75 acres) 080700-01-35.00-0000 (21.96 acres) OSO¿OO-01-34.03-0000 (0.07 acres) 080.00-01-34.02-0000 (3.83 acres) 080.00-02-36.00+-0000 (0.30 acres) 080.00-02-35.00-0000 (5 acres) 080.00-02-32.00-0000 (8.67 acres) 080.00-02-33.00-0000 (23 acres) 080.00..02-34.00-0000 (13.86 acres) 071.00~Ol-03.00-0000 (47.7 acres) 080.00-05..17.00-0000 (13.95 acres) 080.00-05-24.00-0000 (488.28 acres) 080.00-05-34.00-0000 (1 775 acres) 080.00-05-31.00-0000 (2.23 acres) 080.00-05-30.00-0000 (1 acre) 080.00-05-32.00-0000 (2.23 acres) 080.00-05-26.00-0000 (10 acres) 080700-05-27.00-0000 (18.12 acres) 080.00-05-29.00-0000 (22..66 acres) 071.00-01-12.00-0000 ( 9 acres) 071 &00-01-13.00-0000 (33.05 acres) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) VO[~UNTARY PROFFER OF CONDITIONS Your applican~ Virginia Living Histories, Inc.. ("VLHU), hereby proffers that the above-referenced property ('tExp1ore Park") will be developed as follows: 1 + All prior zoning conditions and proffers associated with Explore Park are removed. 2~ As shown on the Master Plan prepared by Hayes, Seay, Mattern & Mattern dated November 30, 2005 ("Ma..,1er Plan"), the primary access for visitors to Explore Park shall continue to be the Roanoke River Parkway. VLH shall work with the Blue Ridge Parkway to detennine the specifics of that usage~ including road maintenance responsibilities. Except as permitted in proffer #3 below, Rutrough Road shall be used only for construction traffic, commercial deliveries to Explore Park, internal transportation by Explore 12-15-2005 13:33 PAGE:2 C"" . ~-'-~.. '" Park personnel, and for emergency vehicle access. This will not preclude, however, the connection of internul Explore Park roads over and al.TOSS Rutrough Road, as generally indicated on the Master PJan. "rhosc crossings shall be designed to prevent their use as independent points of public access to Explore Park. Use of Rutrough Road fOT Explore Park road crossing purposes will require the administrative review and approval of Roonoke County and VDO'r. 3. The Mayflower Ilills parcels (Roanoke County tax map parcels number 080.00.02.32, 080.00.02.33~ 080.00.02.34 and 080~OO.02.35) cWTently use Rutrough Road as tbeir access. N()twithstanding the limitation on the use of Rutrough Road imposed by proffer #2 above~ Rutrough R.oad may be used for general public access to the Mayflower Ilills parcels. A portion of the Mayflower Hills parce]s currently serves as a neighborhood park pursuant to the terms of a lease agreement. Should VLllts development of the Mayflower lIills parcels diminish the value of the park to the neighbors, which detennination shall be made solely by the Roanoke County Board of Supervisors, then, at its expense, VLI-I shall find an alternate location for the neighborhood park. 4. In an effort to meet the objectives of the Blue Ridge Parkway to protect Parkway viewsheds which could be impacted when the Mayflower Hills parcels and the parcels along Highland Road are developed,. Yill agrees that, unless waived by the Dlue Ridge Parkway, no buildings visible 011 June 30 ()f any year (to recognize the impact of seasonaJity on views) from the center line of the Blue Ridge Parkway betw"een milepost marker 114 ~ and 117 shall be constructed on the Mayflower Hills parccls (identified in paragraph 3 above) or the parcels along Highland Road (having Roanoke County tax map parcel numbers 071.03.01.10.00, 71.03.01.11, 80.00.01.34.02, 80.00.01.34.03 and 80.00.01.35»), so long as VLH is pennítted tu Jand~ape on DIne Ridge Parkway property to shield views of buildings to be constructed on said parcels. 5. For improvements visible from the Blue Ridge Parkway, at such points as determined by the Blue Ridge Parkway and VI.lH, Vl¡fl shall comply with Blue Ridge Parkway design standards. 6~ All signs visible from a public right of way shall be no higher than 25 feet and shaH have a consistent design treatment. 'Ibis sha11 not procJude, however, the use of different sign designs in different sections of Explore Park to enhance the theme of the section wi thin which the :,ign is placed. 7. When Explore Park development a.djoins a Residentìal ()r Civic land use, or a public street right of way for Rutrough Road, Lemon I.m1e~ Highland Road or Hogan Rd a Type E~ Option 1 buffer yard., (i.e. 75 feet) with Type E, ()ption I 18.nd~jng, or equivalent natural vegetation, sha11 be pT()vided 2 12-15-2005 13:34 PAGE:3 CS--h per Secti()n 30-92 of the Roanoke County Zoning Ordinance, except that, for deve10pment adjacent to Tax Map Parcel 080.00.05.14 (May11owcr Hills Baptist Chw-ch), the buffer yard shall be 100 feet. 8~ Maximum structure height shall be 45 feet for structures located at the minimum butler line. The maximum height may be increased 1 fix)t for ~ach additionw 2 feet of butTer yard provided, up to a maximum height of 125 feet. 9. VLH may wish to relocate the Blue Ridge Parkway Visitor Center nuw located \NÎthin Exp1()re Park.. Any new Visitors Center must consist of a hui1ding or comparab1e si7;e to the current Visitor Center, must be acce:=.sible to Blue Ridge Park~ray travelers and cannot impose a charge for customary public use. Before the Visitor Center can move from its current lc)catinß, VI"H shaH provide Roanoke County and the Blue Ridge Parkway with notice of its desire to relocate the VjSitOT Center includil1g the pr()posed new location. Within 90 days of the date it receives notice from VLH ()f it...'; d~siTe t() relocate the Vi5itor's Center, Roanoke C()unty and the Blue Ridge Parkway shall have the excl~",ive right to provide an altemate location for the Visitor Center on property contiguous to Explore Park, so long as the parcel is accessib1e to Blue Ridge ParkVl3y travelers) will be ready for on-site grading and have all necessary governmental approvals to c.ommence construction (except for building plans required to be provided by VLH) 'Nithin 6 months, and the ofl:'site location ha.~ been approved by V~'A. .~aiJurc of Roanoke County and the Blue Ridge Parkway to designate an a1temate location lor a new Visîtor's Center within the 90 day period set out above will allow VIJH tn proceed with its p1ans~ Any new VisltoTs Center must be constructed in its entirety before any demolition of the CUTI'ent Visitor's Center. 10. Utilities pn>viding service to Explore Park shall be Wlderground. II. VLH agrees to cooperate with Roanoke COllnty so as to allow a future extension of the (ìreenway system into the non-fee area of the Park on teems acceptable to Roanoke County and VLH. t 2~ Recognizing that internal Explore Park roads will be private, VT."H agrees that such roads shall be designed to allow access by emergency vehicles. Re~J>ectfully submitted, By: INO Hl11'ORIES. INC. ...(/~~ .a1T)' Vander Maten., President ....-..... 3 County of Roanoke Community Development Planning & Zoning For Staff Use Onl S·-lo h 050;> LQciQ Rec~ed b : 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX Application fee: j {).- () û PC/BZA date: 11- ûç- PIacards issued: oS- (540) 776-7155 I..... I Dl. '( I -) I - ALL APPLÎCANTS --..-...---. .......--.- -. - ___ rr .....__...__ _._-~ -- Check type of application filed (check all that apply) ~ Rezoning [] Special Use o Variance G Waiver o Administrative Appeal Applicants name/address w/zip Phone: (314) 994-9070 Virginia Living Histories, Inc. Work: 11701 Bonnan Dri ve, Sllite 315 Cell #: St. Lollis, Mis sOl1ri 63146 Fax No.: (314) 994-9912 Owner's name/address w/zip Phone #: (540) 345-1295 Virginia Recreatiorlal Facili ties Authority Work: 3900 Rlltrollgh Road, S. E. Fax No. #: Roanoke. Virginia 24014 Property Location Magisterial District: Vinton 3900 RutrolIgh Road, S. E. Roanoke, Virginia 24014 Community Planning area: Vinton/Molmt Pleasant Tax Map No.: See attachment Existing Zoning: EP (Explore Park) Size ofparcel(s): Acres: 773 . 35 Existing Land Use: Explore Park REZONING SPECIAL USE PERMITAND WAWER APPLICANTS (RIS/W) Proposed Zoning: Explore Park zoning with .condi tions Proposed Land Use: Explore Park ::. &:s 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 . ,- ~ . ¡; VARIANC~,WAIJlER AND ADMINIST1!ATIV§__~.PPE1-L APPLICANTS (VIW/AA) VariancelWaiver 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): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Case Number cQ I - Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W V/AA R/S/W V/&4A R/S/W V/AA ~ Consultation Eii 8 1/2" X 11" concept plan ~ Application fee Application Metes and bounds description Proffers, jf applicable Justification Water and sewer appJication Adjoining property ovvners I hereby certify that 1 am ~ðt~lØ{ðf(.\~ - NJXxgeKOOJCO(j»tcaC~OOl!t and am acting with the know}edge and consent of the owner. the less~e "'V\~. ~ , V) Owner's Signature lrglTIla lVl.ng lstorles, nc. By: "Larry Vander Maten, Presiderlt 2 S-~ ....~~ 'U :fW$i'JJrJGA.tION FOR REZONING, SfEqJA.µ ç$~ ~ERMiT OR WAIVER RJi,QiJ]~J.~,T ;.~ .n. :.~:,... ~:..' ~..'¡.~, 1.~-:',~:.-;'''. ~.'~'~.":'..-: ~_-, .. '. ;,..: n~~":...... ~.: ..:. ""....: ":_. ~ ~. !. .... .,¡._. + ~:, h, . . .'. ~. :.; ~", -"';':.+:" ---...:. .+ ~.. Applican t Virginia Living Histories.. Inc. The Planning Commission win study rezoning, special use pennit or waiver requests to detennine the need and justification for the change in tenns of public health; safety, and general welfare. Please answer the fol1owing questions as thoroughly as possible.- Use a~ditional space if necessary. 1.. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. . Explore Park District was established by Roano~e County .to provide a designation reserved solely for activities associated with Explore Park. Virginia Recreational Facilities Authority (VRF A) executed a lease witl1 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 nahlral 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 o'n 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 C··', " ~--kJ 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 re gula tions. 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 pennit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use pennit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exem t some of the items or su est the addition of extra items, but the followin 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 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm 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. Ifproject is to be phased, please show phase schedu1e I certify that all items required in the checklist above are complete. ;ïr · · living ù-stories, Inc.. ~ larry Vander Maten, President 10/21/05 Date 6 ..-,,, ""'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 infonnation 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 detennine 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 lžst of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission~ If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date~ Effective Date: April ] 9, 2005 Virginia Living Histories, Inc. - ~me ~f ìtition ,.-- --, ~ ~V~ìY1~ Petitioner's Signature larry Vander Maten, President 10/21/05 Date GLENN n.....·.~_...____.._·..~..._.. . .+._ _..+... _, + ._._ YU ___+ .~_ FELDMANN ....... _ _.,'~ ,.. .. y _ __...... _ ~ __.". ... 4 DARBY.., . .- -" .. - .~~ ., - . ~ -... . - - .. ...... -.{' - GOODLATfE 210 1st Street s.w. Suite 200 Post Office Box 2887 . Roanoke, Virginia 24001 540.224.8000 Fax 540.224.8050 gfdg@gfdg.com ., . ~_. + .. .- s-~ 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 HS1vllv1 dated October 21, 2005. As you know, Virginia Living Histories executed a lease agreement with the Virginia Recreational Facilities Authority ("VRF A"), 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 lllto 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 fonnal 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 COlnrrrission 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, tIle result will be ( I) a new zoning ordinance governing the use and development of Explore Park; (2) replacement of the current zoning GLENN -......- -----_&.... --. --- --- FELDMANN . ~~fêt__ GOODLAITE 'S-l, Mr. David Holladay October 21 , 2005 Page 2 conditions associated with Explore Park with the conditions proffered by this applicant. In addition to clearly settÎ11g 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 in1portance 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 COInrnission work sessions, tl1e applicant will be filing a fonnal 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 persormel 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 transfonn Explo!e 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 investmeI1t 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 well11ave different architectural styles to emphasize different periods of time or locations, Explore Park will be developed in a unified fashion, through the use of consistent design and architectural themes, providing visitors with a . . unIque 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 DARBY~)~~.~~/ ðOòï5LA:-¡iE (7 j ~:) '-lo Mr. David Holladay October 21, 2005 Page 3 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 cOlU1ections 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 tl1e opportunity given to it by the VRFA 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 infonnation in support of this 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 ~ I ~--6 EXPLORE PARK PROPERTY LISTING Tax Map No. Acrea~e 071 a03-0 1-15.00-0000 18.78 071.03-01-10.00-0000 24a 16 071.03-01-11.00-0000 3.75 080.00-01-35aOO-0000 21.96 080.00-01-34a03-0000 0.07 080.00-01-34.02-0000 3.83 080.00-02-36aOO-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 13.86 071.00-0 1-03.00-0000 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 'S--b 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 --1i- day of October, 2005. VIRGJNIA RECREATIONAL FACILITIES AUTHORITY By: ~~ its: CJ...q/~~0 ~...,' ,~,,..,:J k, 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 /g day of October, 2005. VIRGINIA RECREATIONAL FACILITIES AUTHORITY ~::: ßjæ::~ History Page 1 of 4 ~--. , , ,.,~ ·6~··-, :- Historic Areas 1671 Totero Village 1757 Frontier Fort 1850 Valley Community Dismantlínq and Restorínq an H ¡storie Struet~r-ª Immerse yourse1fin a day of living 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 portrait 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 m-ecial 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 of large 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 from 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.orgffiistoric_Areas/oIbm_main.htm 10/14/2005 History ,~.,_Page 2 of 4 ~~ _."..- I '"'-<~J \0 region, its resources, and its peoples and also to find the "South Sea." 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 from 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 calne again to the Sapony River where it was very narrow, and ascended the second n10untain which wound up west and by south with several springs and fallings, after which we came to a steep descent at the foot whereof was a lovely descending valley about sŽX 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-VVhite, are located in Salem. Each of these three locations has features and characteristics that both support and deny the possibility of it 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 ViIginia'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, fIre-making to start the cooking fIfes, 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 l750s, 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 oftbese 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 l750s 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 framework, 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/Historic_AIeas/oIbm_lnain.htm 10/14/2005 History S"~.h 3 of4 sett]ers 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. 19th Century 1850 Valley Community Big Lick, which became Roanoke in 1882, was an important crossroads along the Great Wagon Road. Here the road sp1it. 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. The Wray Barn (circa 1850) Hofauger Farmstead (circa 1837) Samuel and Elizabeth Hays Hofauger raised four children in this house that was originally located on Colonial Avenue 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 corn crib, located behind the house, and the storehouse/root cellar to the side. 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 Houtz Barn (circa 1800) 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 fann. The school graduated its last class in 1935. 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 Mason1s 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/Historic_.A.reas/olhm_main.htm 10/14/2005 History Blacksmith Shop Page 4 of4 (~.. l,\ , ....'(.~ ~\·~.'u ..... "~......d Early Virginia River Culture At the Early Virginia River Culture site, you'H see a replica of a James River batteau, the ROANOKE EXPLORER Batteau. Batteaux were flat-bottomed, low-sided cargo boats fITst 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 eventua11y 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 modem-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 watef\Vheel 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 . WWN .explorepark.orq ©Copyright 2005 http://www.explorepark.orglHistorie_Areas/oIbm_main.htm 10/14/2005 ~.''-''.'...,;~ .~. ~ ~--I . I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 20,2005 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 PETITION OF VIRGINIA LIVING HISTORIES, INC. AND THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, the first reading of this ordinance was held on November 15, 2005, and the second reading and public hearing were held December 20, 2005; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 6, 2005; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 774 acres, more or less, in the Vinton Magisterial District and as described herein by tax map number, is hereby changed from the zoning classification of EP, Explore Park District with new master plan and existing proffered conditions, to the zoning classification of EP, Explore Park District with new master plan and proffered conditions. 2. That this action is taken upon the application of Virginia Living Histories, Inc. and the Virginia Recreational Facilities Authority. 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. All prior zoning conditions and proffers associated with Explore Park are removed. 1 S-b 2. As shown on the Master Plan prepared by Hayes, Seay, Mattern & Mattern dated November 30, 2005 ("Master Plan"), the primary access for visitors to Explore Park shall continue to be the Roanoke River Parkway. VLH shall work with the Blue Ridge Parkway to determine the specifics of that usage, including road maintenance responsibilities. Except as permitted in proffer #3 below, Rutrough Road shall be used only for construction traffic, commercial deliveries to Explore Park, internal transportation by Explore Park personnel, and for emergency vehicle access. This will not preclude, however, the connection of internal Explore Park roads over and across Rutrough Road, as generally indicated on the Master Plan. Those crossings shall be designed to prevent their use as independent points of public access to Explore Park. Use of Rutrough Road for Explore Park road crossing purposes will require the administrative review and approval of Roanoke County and VDOT. 3. The Mayflower Hills parcels (Roanoke County tax map parcels number 080.00.02.32, 080.00.02.33, 080.00.02.34 and 080.00.02.35) currently use Rutrough Road as their access. Notwithstanding the limitation on the use of Rutrough Road imposed by proffer #2 above, Rutrough Road may be used for general public access to the Mayflower Hills parcels. A portion of the Mayflower Hills parcels currently serves as a neighborhood park pursuant to the terms of a lease agreement. Should VLH's development of the Mayflower Hills parcels diminish the value of the park to the neighbors, which determination shall be made solely by the Roanoke County Board of Supervisors, then, at its expense, VLH shall find an alternate location for the neighborhood park. 4. In an effort to meet the objectives of the Blue Ridge Parkway to protect Parkway viewsheds which could be impacted when the Mayflower Hills parcels and the parcels along Highland Road are developed, VLH agrees that, unless waived by the Blue Ridge Parkway, no buildings visible on June 30 of any year (to recognize the impact of seasonality on views) from the center line of the Blue Ridge Parkway between milepost marker 114 % and 117 shall be constructed on the Mayflower Hills parcels (identified in paragraph 3 above) or the parcels along Highland Road (having Roanoke County tax map parcel numbers 071.03.01.10.00, 71.03.01.11, 80.00.01.34.02, 80.00.01.34.03 and 80.00.01.35)), so long as VLH is permitted to landscape on Blue Ridge Parkway property to shield views of buildings to be constructed on said parcels. 5. For improvements visible from the Blue Ridge Parkway, at such points as determined by the Blue Ridge Parkway and VLH, VLH shall comply with Blue Ridge Parkway design standards. 2 S-6 6. All signs visible from a public right of way shall be no higher than 25 feet and shall have a consistent design treatment. This shall not preclude, however, the use of different sign designs in different sections of Explore Park to enhance the theme of the section within which the sign is placed. 7. When Explore Park development adjoins a Residential or Civic land use, or a public street right of way for Rutrough Road, Lemon Lane, Highland Road or Hogan Rd a Type E, Option 1 buffer yard, (Le. 75 feet) with Type E, Option 1 landscaping, or equivalent natural vegetation, shall be provided per Section 30-92 of the Roanoke County Zoning Ordinance, except that, for development adjacent to Tax Map Parcel 080.00.05.14 (Mayflower Hills Baptist Church), the buffer yard shall be 100 feet. 8. Maximum structure height shall be 45 feet for structures located at the minimum buffer line. The maximum height may be increased 1 foot for each additional 2 feet of buffer yard provided, up to a maximum height of 125 feet. 9. VLH may wish to relocate the Blue Ridge Parkway Visitor Center now located within Explore Park. Any new Visitors Center must consist of a building of comparable size to the current Visitor Center, must be accessible to Blue Ridge Parkway travelers and cannot impose a charge for customary public use. Before the Visitor Center can move from its current location, VLH shall provide Roanoke County and the Blue Ridge Parkway with notice of its desire to relocate the Visitor Center including the proposed new location. Within 90 days of the date it receives notice from VLH of its desire to relocate the Visitor's Center, Roanoke County and the Blue Ridge Parkway shall have the exclusive right to provide an alternate location for the Visitor Center on property contiguous to Explore Park, so long as the parcel is accessible to Blue Ridge Parkway travelers, will be ready for on-site grading and have all necessary governmental approvals to commence construction (except for building plans required to be provided by VLH) within 6 months, and the off- site location has been approved by VRFA. Failure of Roanoke County and the Blue Ridge Parkway to designate an alternate location for a new Visitor's Center within the 90 day period set out above will allow VLH to proceed with its plans. Any new Visitors Center must be constructed in its entirety before any demolition of the current Visitor's Center. 10. Utilities providing service to Explore Park shall be underground. 11. VLH agrees to cooperate with Roanoke County so as to allow a future extension of the Greenway system into the non-fee area of the Park on terms acceptable to Roanoke County and VLH. 12. Recognizing that internal Explore Park roads will be private, VLH agrees that such roads shall be designed to allow access by emergency vehicles. 3 '.:~ ~~ , ~.... ......,; ¥J 4. That said real estate is more fully described as follows: Tax Map Nos. 71.03-1-15 (18.78 ac.); 71.03-1-10 (24.16 ac.); 71.03-1-11 (3.75 ac.): 80.00-1-35 (21.96 ac.); 80.00-1-34.03 (0.07 ac.); 80.00-1-34.02 (3.83 ac.); 80.00-2- 36 (0.30 ac.); 80.00-2-35 (5 ac.); 80.00-2-32 (8.67 ac.); 80.00-2-33 (23 ac.); 80.00-2- 34 (13.86 ac.); 71.00-3-3 (47.7 ac.); 80.00-5-17 (13.95 ac.); 80.00-5-24 (488.28 ac.); 80.00-5-34 (1.75 ac.); 80.00-5-31 (2.23 ac.); 80.00-5-30 (1 ac.); 80.00-5-32 (2.23 ac.); 80.00-5-26 (10 ac.); 80.00-5-27 (18.12 ac.); 80.00-5-29 (22.66 ac.); 71.00-1-12 (9 ac.); 71.00-1-13 (33.05 ac.) containing approximately 774 acres, more or less. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 4 .,,/ ~,,-----..?- ~J I I : ¡I'.: :L:" I i --1-~ ~¡' ~.----------- \L.·/ VIRGINIA'S EXPLDR.E PARK CONCEIPT DEVELOPMENT MASTER PLAN ....:-- - ¡ I .-// Virginia Living H.is~ories ~ . . I.~~ì .:~/-~i I / ).. Y ) .' '·'~';?jõ=~~>,:·:":,¡:tJ, , "~.,.., --..:....,..-'..;-.- l '~. ...... ~.. /...~. ~-.- I I I \ \ <~....., \ ···::!~~;'C:S.=:::::h ':1 ' ,~E"'~2~~ \ , , RJ..7anoke ·ver~.___---:-- I ' ,·é· :¿:~. I . 7~.',·j~~·· ..' ~~" )i}~ I , \ , . ~ \ ".- ......:L'........... ./........-:<........ . ~" liü);;~ '~.~~.,.. if d;.:i ~r~~/,<' . / ..Î .r.-.--.J--_._ ."~ ~ I . "\ \", \ .~~. l \ \ -t '\., ·~O.f. ..') . ~ -et.('>.... :.Cr" .......1 ... <1....(- I,~z,. .' . .--.~. ----.-.. -~-.-- .: ./ ./ -- ~.,\ \. \, J..~'~ r'\ \ ~...--~ " '" _' _ ~:>~{2 ---:'"----:.:..--.--- - // ("7 , I ....-_L_.______ , \ \ '~ -..--. \ l\\'::~-\,/ r?~~ / / \ I ,/ \. f / \ , .. !!§;~~~~",;)( "-------.~... \ \ \ "\> .../' 5V t / \>/. / J' .,' ;Z~, ._ ,~-7'..:~?~=:~:=( \ -' ---\', ;""., " '. .- / /-// - ---- --"---- . ": ~ ~_. j/<~; \ ~--. Approxlmabe Scale ~S! r'~/'~" '..... ._--.(-~~ ".. E M B E R I' ..",,'.'.',.." ~.·3-t} l~I·O·Y . ~.~<----=-=- ~~~'---~:.. . ~ 5~J f'" ~..:>t: Item 5.6 An oversized concept development master plan for the rezoning application of Virginia Living Histories is available for review in the Clerk's Office. This master plan was too large to scan.