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Home My WebLink About3/28/2006 - Regular Roanoke County Board of Supervisors Agenda March 28, 2006 Good afternoon and welcome to our meeting for March 28, 2006. 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 Thursdays at 7:00 p.m. and on Saturdays 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: Dr. Maurita J. Wiggins Valley Community 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 1. Recognition of Gary Huffman, Fire Marshal of Roanoke County, for receiving the 2005 Governor's Award for Excellence in Virginia Fire & Life Safety Education D. BRIEFINGS E. NEW BUSINESS 1. Request to approve fiscal year 2006-2007 budget for the Roanoke Regional Airport Commission. (Diane D. Hyatt, Chief Financial Officer; Jacqueline Shuck, Executive Director, Roanoke Regional Airport) 1 2. Request to adopt the following tax rates for calendar year 2006: (Brent Robertson, Director of Management and Budget) (a) Real estate tax rate of $1.11 per $100 assessed valuation (b) Personal property tax rate of $3.50 per $100 assessed valuation (c) Machinery and tools tax rate of $3.00 per $100 assessed valuation 3. Request to adopt a resolution setting the allocation percentage for personal property tax relief in Roanoke County for the 2006 tax year. (Diane Hyatt, Chief Financial Officer) 4. Request to appropriate funds in the amount of $18,950 for the June 13, 2006 Primary. (Judith Stokes, General Registrar) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to obtain a special use permit for the operation of a used automobile sales business located at 7400 Sunnybrook Drive, Suite 6, Hollins Magisterial District, upon the petition of Kevin and Jennifer Cook. 2. First reading of an ordinance to obtain a special use permit on 1.101 acres for the operation of a fast food restaurant with drive-in located at 4504 and 4510 Challenger Avenue, Hollins Magisterial District, upon the petition of Sonic Restaurants, Inc. 3. First reading of an ordinance to rezone .92 acres from C-1, Office District, to C-2, General Commercial District, in order to construct a personal improvement service (personal trainer) located in the 4600 block of Brambleton Avenue, Windsor Hills Magisterial District, upon the petition of Che Torry. G. FIRST READING OF ORDINANCES 1. First reading of an ordinance amending the Roanoke County Code by amending Section 21-73, General Prerequisites to Grant of Division 3. Exemption for Elderly and Disabled Persons of Chapter 21. Taxation to increase the income limit and the total combined net worth provisions for real estate tax exemption for the elderly and disabled, and extending the application deadline for the current tax year. (Paul M. Mahoney, County Attorney) 2 H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance to accept the donation of a 2.28 acre parcel of land located at the intersection of West River Road and West Main Street from the Virginia Recreational Facilities Authority (VRFA) to the County of Roanoke, Catawba Magisterial District. (Pete Haislip, Director of Parks, Recreation, and Tourism) I. APPOINTMENTS 1. Length of Service Awards Program (LOSAP) for Fire and Rescue 2. Roanoke Valley Greenway Commission 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 - March 6 and March 14, 2006 2. Request from the schools to appropriate dual enrollment funds in the amount of $100 3. Request to adopt a resolution authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent 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 Debt Payment Reserve 3 5. Accounts Paid - February 2006 6. Statement of expenditures and estimated and actual revenues for the month ended February 28, 2006 7. Public Safety Center Building Project Budget Report 8. Public Safety Center Building Project Change Order Report 9. Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in January 2006 O. CLOSED MEETING P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss fiscal year 2006-2007 budget development. (Brent Robertson, Director of Management and Budget) (a) Parks, Recreation, and Tourism Department (b) Board recommendations for contributions 2. Work session to discuss 800 MHz re-banding planning agreement. (Joe Obenshain, Senior Assistant County Attorney; Bill Hunter, Technical Services Manager) 3. Work session to provide an update regarding 1-81 Tier I Draft Environmental Impact Statement. (Anthony Ford, Transportation Engineering Manager) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Resolution of congratulations to William Byrd High School Cheerleading Competition Team for winning the Group AA State Cheerleading Championship S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Continued until April 25. 2006. at the reQuest of the petitioner. Second reading of an ordinance to rezone .369 acres from R-1, Low Density Residential District, to C-1, Office District, for the operation of a beauty salon located at 3722 Colonial Avenue, Cave Spring Magisterial District, upon the petition of Judy Taylor Wagner. (Janet Scheid, Chief Planner) 4 2. Continued until April 25. 2006. at the reQuest of the PlanninQ Commission. Second reading of an ordinance to rezone 94.229 acres from AG-3, Agricultural Preserve District, to PRD, Planned Residential District, with a maximum density of 0.33 houses per acre located at 3672 and 3804 Sterling Road, Vinton Magisterial District, upon the petition of Loblolly Mill, LLC. (Janet Scheid, Chief Planner) 3. Second 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. (Janet Scheid, Chief Planner) 4. Second reading of an ordinance to obtain a special use permit on 15.63 acres for the operation of a drive-thru coffee shop located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District, upon the petition of WG Indian Trail, LLC, Warehouses, Inc. (John Murphy, Zoning Administrator) 5. Second reading of an ordinance authorizing the relocation of the following polling places: (1) 107 Bennett Springs Precinct; (2) 204 Botetourt Springs Precinct; and (3) 503 Cave Spring Precinct and request to appropriate funds in the amount of $2,750. (Judith Stokes, General Registrar) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Michael W. Altizer 2. Richard C. Flora 3. Joseph P. McNamara 4. Joseph B. "Butch" Church 5. Michael A. Wray V. ADJOURNMENT 5 ACTION NO. ITEM NO. C - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 Recognition of Gary Huffman, Fire Marshal of Roanoke County, for receiving the 2005 Governor's Award for Excellence in Virginia Fire & Life Safety Education Elmer C. Hodge ~ flJ~ County Administrator AGENDA ITEM: APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Governor Tim M. Kaine selected Gary D. Huffman, Fire Marshal of Roanoke County, to receive the Governor's 2005 Virginia Fire Services Award for Excellence in Virginia Fire & Life Safety Education. The Award was presented on Friday, February 24,2006, during the opening ceremonies of the 2006 Virginia Fire Chiefs Association's Mid-Atlantic Expo & Symposium in Virginia Beach. Captain Huffman was selected to receive this award because he exemplifies outstanding dedication and service for the furtherance of Virginia Public Fire & Life Safety Education and is dedicated to providing fire and life safety to not only Roanoke County Citizens but all of the citizens throughout the Commonwealth. The following highlights some of Captain Huffman's educational efforts: · Character Academv Pilot Proiect: The Roanoke County Fire Marshal's Office, in conjunction with field personnel, hosted a one-day pilot program called Character Academy # 1 during the summer 2005. The academy was designed to teach youths between the ages of 10 and 15 about the fire and rescue service while also teaching them the importance of character. · Education at local professional baseball aame: During the summer 2005, Captain Huffman worked with the local Class-A professional baseball club, the Salem Avalanche (affiliates of the Houston Astros), to produce an educational theme night about fire and life safety for youths throughout the Roanoke Valley. The theme was "Back to School Night at the Salem Avalanche with Roanoke County Fire and Rescue", Backpacks with the saying: "Don't Strike Out - Test Your Smoke Alarm!" were purchased in ajoint effort between Roanoke County Fire and Rescue and the Salem Avalanche and given to the first 1,000 youths through the gates. Stuffed in the back packs were fire and life safety tips for children and adults to read and discuss. . Christmas tree safety taa proaram: Christmas trees were the first items ignited in an estimated average of 310 reported U.S. home structure fires per year during 1999 to 2002. These fires caused an average of 14 civilian deaths, 40 civilian injuries, and $16.2 million in direct property damage per year according to the National Fire Protection Association. In 2004, Captain Huffman, in an effort to make sure these statistics would not be reflected in the Roanoke Valley, set out to educate each family who purchased a fresh-cut tree in Roanoke County. He created a safety tag listing important safety tips for consumers to be placed on each fresh-cut tree sold in Roanoke County. The program was such a great success that in 2005, an additional 10,000 tags had to be ordered to keep pace with the demand. We are pleased to note that the Roanoke County Fire and Rescue Department has been selected for five Governor's Virginia Fire Services Awards for Excellence during the past four years. While the Governor's Award for Excellence in Virginia Fire & Life Safety Education is awarded to an individual, the Fire and Rescue Department wishes to acknowledge the contributions of the following individuals whose efforts played a key role in the receipt of this award: Randy Spence, Brian Simmons, Jerry Spradling, Beth Dalton, Chris Smith, and John Sweeney. These individuals will be present with Captain Huffman at the meeting. 2 (J)untP of l\oanokts CERTIFICATE OF RECOGNITION AWARDED TO Gary D. Huffman, Fire Marshal for receiving the 2005 Governor's Award for Excellence in Virginia Fire & lifE! So/fety Education · Captain Huffman was selected for this award because of his outstanding dedication and service for the furtherance of Virginia Public Fire & Life Safety Education and for providing fire and life safety information to not only Roanoke County citizens but all citizens throughout the Commonwealth. · This award was presented on Friday, February 24, 2006, at the 2006 Virginia Fire Chiefs Association's Mid-Atlantic Expo and Symposium in Virginia Beach. · The following summarizes some of Captain Huffman's educational efforts: · Character Academv Pilot Proiect - The Roanoke County Fire Marshal's Office and field personnel hosted a one-day academy during the summer of 2005 to teach youth between the ages of 10 and 15 about the fire and rescue service while teaching them the importance of character. · Education at local professional baseball qames - CaptaÎn Huffman worked with the Salem Avalanche to produce an educational theme night about fire and life safety for the youths of the Roanoke Valley. · Christmas tree safety taqs - In 2004, Captain Huffman created a safety lag with important safety tips for the consumer to be placed on each fresh-cut tree sold in Roanoke County. The program was such a success that in 2005, Captain Huffman had to order 10,000 tags to keep up with the demand. · The Board of Supervisors wishes to congratulate Captain Huffman for receiving this award and commends him for his dedication to improving the safety of all citizens. oseph P. McNamara, Vice-Chairman In~ '}1- ~ Michael W. AJlizer ß. //IÞ~ .~ð/-I B. "Butch" Church ~,ù-.S> '- ~a.t ""- Richard C. Flora 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: March 28, 2006 Request to approve fiscal year 2006-2007 budget for the Roanoke Regional Airport Commission AGENDA ITEM: SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge a- ¡1~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Roanoke Regional Airport Commission is required to submit their budget to the Roanoke County Board of Supervisors and the Roanoke City Council for approval before it can be formally adopted by the Commission. At its meeting on March 15, 2006, the Commission approved the attached budget for fiscal year 2006-2007 to be forwarded to the governing bodies of the two localities. The 2006-2007 budget for the Roanoke Regional Airport Commission shows revenues of $7,674,108 and expenditures of $7,456,226. This reflects that airport operations are self- supporting and do not require any additional supplement from either the County or the City. The Commission also adopted the attached proposed capital expenditure budget program. The capital expenditures total $5,350,000. These expenditures will be funded with Federal and State Grant Funds and Commission funds. Jacqueline Shuck, the Executive Director of the Roanoke Regional AIrport Commission, will attend the Board of Supervisors meeting to present the budget request. FISCAL IMPACT: On June 30, 1996, the County made its final payment of $264,640 which completed our original ten year capital contribution to the airport. There will not be any additional monies needed as a result of this budget. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution approving the Roanoke Regional Airport Commission budget for the fiscal year 2006-2007. ROANOKE REGIONAL AIRPORT COMMISSION 5202 Aviation Drive Roanoke. VA 24012-1148 (540) 362-1999 FAX (540) 563-4838 www.roanokea¡rport.com March 15, 2006 ~ [S~~::ô~~ L::J Honorable Chairman and Members Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018-0798 Re: Roanoke Regional Airport Commission Fiscal Year 2006- 2007 Budget and Proposed Capital Expenditures Dear Gentlemen: In accordance with the requirements of the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the Roanoke Regional Airport Commission is hereby submitting its Fiscal Year 2006-2007 Operating Budget (Attachment I) for approval. This Budget was adopted by the Commission at its meeting on March 15, 2006. We are also providing a separate listing of Capital Expenditures which are expected to exceed $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). You will note that no deficit is anticipated in either the Operating Budget or for the listed Capital Expenditures; therefore, no additional appropriations are being requested or anticipated from the City or the County of Roanoke. Formal approval of the Operating Budget and the Capital Expenditure List by resolution of each of the participating poJitícal subdivisions would be appreciated. I would be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your assistance and cooperation. Jacqueline L. Shuck Executive Director Enclosures cc: Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission Paul M. Mahoney, Roanoke County Attorney Diane Childers, Clerk to the Board, Roanoke County Board of Supervisors csp031606.h Comm\2006cítycountybudget.ltr ATTACHMENT I ROANOKE REGIONAL AIRPORT COMMISSION FOR YEAR 2006-2007 BUDGET 2005-2006 2006-2007 Budget Budget Percentage EXPENSE BUDGET Expenditures Expenditures Change 1. Operations and Maintenance Expenses A. Salaries, Wages and Benefits $ 3,328,926 $ 3,641,577 9.4% B. Operating Expenditures 2,682,410 2,909,073 8.4% C. Other Maintenance & Improvement Projects 30,000 53,680 78.9% Total Operations and Maintenance 6,041,336 6,604,329 9.3% 2. Non-Operatinq Expenses A. Interest 294,947 254,012 -13.9% B. Debt Service 448,021 466,103 4.0% Total Non-Operating 742,968 720,115 -3.1% 3. Capital Expenses A. Capital Projects and Purchases 153,300 131,782 -14.0% B. Multi -Year Projects 66,380 0 -100.0% Total Capital Expenses 219,680 131,782 -40.0% Total Budgeted Expenditures $ 7,003,984 $ 7,456,226 6.5% 2006-2007 Revenue Projected REVENUE PROJECTIONS Projection Revenues Change 1. Operatinq Revenues A. Airfield $ 1,471,093 $ 1,370,247 -6.9% B. General Aviation 302,055 387,792 28.4% C. Terminal Related 4,306,333 4,723,668 9.7% D. Other Revenues 399,401 392,001 -1.9% Total Projected Operating Revenues 6,478,883 6,873,708 6.1% 2. Non-Operatinq Revenues A. Interest from Debt Service 25,000 30,000 20.0% B. Interest on Investments 480,600 609,500 26.8% C. Non Capital Grants 197,100 160,900 -18.4% Total Projected Non-Operating Revenues 702,700 800,400 13.9% Total Projected Revenue $ 7,181,583 $ 7,674,108 6.9% ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) L Projects A. Rehabilitation of General Aviation Area Phase III: 1. Description: Rehabilitate and upgrade final aircraft taxilane and GA aircraft parking area; improve drainage. 2. Justification: Phases I and II of the General Aviation Rehabilitation Project were and are expected to be completed in late fall 2001 and May of 2006, respectively. The latest Master Plan update includes the rehabilitation of all GA taxilanes, with the final area being a portion of a former runway, as well as the parking area for itinerant GA aircraft. This area would also receive improved drainage. Estimated Cost: $2,500,000 B. Overlay GA and Portion of Cargo Roads: 1. Description: Grind and pave portion of Aviation Drive near the new air traffic control tower and worn areas of Cargo Road. 2. Justification: Both roads, which are public use, but privately owned by the Commission, are showing wear and tear, especially due to large trucks carrying air cargo. Estimated Cost: $130,000 C. Upgrade Terminal HV AC System: 1. Description: Upgrade pneumatic system with electronic DDC controls, expand system to meet needs of redesigned spaces. 2. Justification: After a complete testing and evaluation of the HV AC system, it appears that the pneumatically controlled V A V boxes and system are no longer holding up well. In addition, the system is in need of upgrading for more energy efficiency and certain parts have reached the end of their useful life and should be replaced. Estimated Cost: $600,000 Attachment II Page 2 D. Provide Security Enhancements to the Terminal Front: 1. Description: Provide large, reinforced planting areas, lighting, and bollards to improve the security of the terminal front. 2. Justification: As part of an airport-wide project to provide capital improvements that enhance security, the terminal front plaza has been identified as a possible vulnerability area. This project will provide added security against vehicle entries into or near the terminal by constructing improvements, which are aesthetically pleasing and functional. Estimated Cost: $500,000 E. Upgrade and Replace FIDS and Intercom Systems: 1. Description: Upgrade and/or replace the Flight Information Display System and terminal intercom system. 2. Justification: The two major communications systems providing information to passengers in the terminal building are approaching the end of their useful lives, Both computerized systems are becoming quite difficult to repair and cannot be expanded. New combined systems are now available. Estimated Cost: $120,000 F. Construct Multi-Bay Aircraft Hangar: 1. Description: Construct a hangar with up to four bays for corporate aircraft and/or small, single service FBD operations. 2. Justification: With the completion of GA Redevelopment: Phase II, area is now available for the development of a multi-tenant hangar complex to be leased to corporations and/or fixed base operators providing a single type of aviation services to aircraft owners or the public. This "row" hangar is a more efficient use of the limited space available for development. Estimated Cost: $1,500,000 Attachment II Page 3 II. Anticipated Funding Sources: Federal AlP Grant Funds State Aviation Grant Funds Commission Capital Funds Commission Bond Proceeds City and County Funds $2,375,000 1,205,000 270,000 1,500,000 -0- Estimated Total Projects Funding $5,350,000 jls/07Cap.Proj. City/County RESOLUTION OF THE ROANQKE REGIONAL AIRPORT COMMISSION Adopted this 15th day of March 2006 No. 12-031506 A RESOLUTION approving and adopting the Commission's Operating and Capital Purchase Budget for fiscal year 2006-2007. BE IT RESOLVED by the Roanoke Regional Airport Commission that the fiscal year 2006-2007 Operating and Capital Purchase Budget for the Commission as set forth in the report and accompanying attachment by the Executive Director dated March 15, 2006, is hereby approved; BE IT FINALLY RESOLVED that the Executive Director is authorized on behalf of the Commission to submit the fiscal year 2006-2007 Operating and Capital Purchase Budget, as well as a list of Proposed Capital Expenditures, to the Roanoke City Council and the Roanoke County Board of Supervisors for approval pursuant to the contract between the Commission, Roanoke City and Roanoke County dated January 28, 1987, as amended. ... .... ~ . ... ... "... ATTEST: _,-".' I, ~(>J.^' <jJ~ii1Íïri-. Secre; ; I . 1/ ~ J ' , : , -. ~ ¡ , I " '. " , . ·1).""L.__~ VOTE: AYES: NAYS: ABSENT: Dooley, Macfarlane, Minnix, Whittaker, Turner None None AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 28, 2006 RESOLUTION APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FISCAL YEAR 2006-2007, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 15, 2006, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2006-2007 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2006·2007 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 15, 2006, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. ACTION NO. ITEM NO. ~> ~ (0 ) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Adoption of the real estate tax rate for the calendar year 2006 SUBMITTED BY: Brent Robertson Director of Management and Budget Elmer C. Hodge ~ ð~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The real estate tax rate for the twelve-month period beginning January 1, 2006, and ending December 31, 2006, was advertised on February 28 and March 7, 2006, at $1 .12 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rate was held on March 14,2006. At the budget work session held on March 21, the Board advised that they wished to implement a one cent reduction in the real estate tax rate to $1.11 per one hundred dollars assessed valuation. STAFF RECOMMENDATION: The proposed budget for fiscal year 2006-07 is predicated on the reduced real estate tax rate, as directed by the Board at the March 21 work session. Staff recommends that the real estate tax rate be established at the rate of $1,11 per one hundred dollars assessed valuation for the 2006 calendar year. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 ORDER SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2006 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2006, and ending December 31, 2006, be, and hereby is, set for a tax rate of 1111 per one hundred dollars of assessed valuation on all taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. ACTION NO. ITEM NO. ~-Q(L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Adoption of the personal property tax rate for the calendar year 2006 SUBMITTED BY: Brent Robertson Director of Management and Budget ElmerC.Hodge ~ If~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~1'~ SUMMARY OF INFORMATION: The personal property tax rate for the twelve-month period beginning January 1, 2006, and ending December 31,2006, was advertised on February 28 and March 7, 2006, at $3.50 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rates was held on March 14,2006. STAFF RECOMMENDATION: The proposed budget for fiscal year 2006-07 is predicated on the current personal property tax rate; therefore, staff recommends that the personal property tax rate again be established at the rate of $3.50 per one hundred dollars assessed valuation for the 2006 calendar year. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 ORDER SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2006 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2006, and ending December 31,2006, be, and hereby is, set for a tax rate of §3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500,58.1-3501,58.1-3502,58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1-3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592-11, and generally designated as Motor Vehicles for Disabled Veterans, 3. That the levy for the twelve-month period beginning January 1, 2006, and ending December 31, 2006, be, and hereby is, set at fifty (50%) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. ACTION NO. ITEM NO. ~-:J(cL AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Adoption of the machinery and tools tax rate for the calendar year 2006 SUBMITTED BY: Brent Robertson Director of Management and Budget Elmer C. Hodge ~ 11+ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The machinery and tools tax rate for the twelve-month period beginning January 1, 2006, and ending December 31,2006, was advertised on February 28. and March 7, 2006, at $3.00 per one hundred dollars assessed valuation. The public hearing for citizen comment on the above advertised tax rate was held on March 14,2006. STAFF RECOMMENDATION: The proposed budget for fiscal year 2006-07 is predicated on the current machinery and tools tax rate; therefore, staff recommends that the machinery and tools tax rate be established at $3.00 per one hundred dollars assessed valuation for the 2006 calendar year. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28,2006 ORDER SETTING THE TAX LEVY ON A CLASSIFCATION OF PERSONAL PROPERTY - MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2006 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1,2006, and ending December 31,2006, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. ACTION NO. E-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Request to adopt a resolution setting the allocation percentage for personal property tax relief in Roanoke County for the 2006 tax year SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge ~ ð~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Personal Property Tax Relief Act (PPTRA or the Act) of 1998 established a state-wide program to provide relief to owners of personal use motor vehicles. The 1998 Act envisíoned 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. In 2004 and 2005, additional legislation was passed to amend the original Act. This legislation capped PPTRA at $950 million for all Virginia localities for tax years 2006 and beyond. PPTRA funds are allocated to individual localities based on each government's pro rata share of tax year 2004 payments from the Commonwealth. The County's share of the $950 million is $12,229,857. At the December 20, 2005 Board meeting, ordinance 122005-10 amending the Roanoke County Code by adding a new Section 21-225 to provide for the implementation of the 2004-2005 changes to the Personal Property Tax Relief Act of 1998 was adopted by the Board of Supervisors. These changes include: 1. The County chooses the "specific relief' method (percentage reduction) of computing tax relief. 1 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. County staff computed the effective reimbursement rate based upon both historical trends and the current tax assessment book. The PPTRA allocation model developed by the state was used to calculate the rate for the County which is 65.13%. This percentage is similar to neighboring localities that are ready to adopt their resolutions. The Town of Vinton will be 65,98%. Franklin County is estimating 64.21 %. Northern Virginia localities are reporting lower percentages of relief because they have a greater growth in the number of vehicles that are being reported. The Board is required by the state to annually adopt a resolution setting the percentage reduction in personal property for that year. The attached resolution establishes the percentage reduction at 65.13% for the 2006 tax year. FISCAL IMPACT: The percentage reduction is calculated to distribute the $12,229,857 block grant allocation from the state in the manner described above. If the calculation is correct, the total personal property tax collected will be the same as if the old method of personal property tax collection were in place. There will be some timing delays in the receipt of the state funds, since they are now being received in the following fiscal year (2006-07); however, we will be allowed to accrue these funds back to the 2005-06 year for accounting purposes so that our budget will be balanced. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution which establishes the percentage reduction for personal property tax relief at 65.13% for Roanoke County for the 2006 tax year. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 RESOLUTION SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN ROANOKE COUNTY FOR THE 2006 TAX YEAR WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly and qualifying vehicle with a taxable situs within the County commencing January 1, 2006, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 122005-10 adopted by the Board of Supervisors on December 20,2005. NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 1. That tax relief shall be allocated so as to eliminate personal property taxation for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 65.13% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 65.13% tax relief on the first $20,000 of value; and 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to Roanoke County by the Commonwealth of Virginia. 6. That entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire on September 1, 2006, or when the state funding for tax relief is exhausted or depleted. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed \ non- qualifying I for purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the assessed personal property tax. 7. That this Resolution shall be effective from and after the date of its adoption. 2 ACTION NO. ITEM NO. E.::.!:f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Request to appropriate funds in the amount of $18,950 for the June 13, 2006 Primary SUBMITTED BY: Judy Stokes General Registrar Elmer C. Hodge ~ II~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The State Board of Elections (SSE) has issued an order for a Democratic primary on June 13, 2006, for office of Member of the United States Senate and for a Republican primary for the office of Member of the United States Senate and Member of the United States House of Representatives for the 6th Congressional District. The cost of this primary was not included in the current budget because it was not certified by SBE until March 17, 2006. No reimbursement of these costs will be made by the state. Outlined below are the proposed costs of the primary: Elections officials and staff Required advertising Rent of polling places Total $18,000 650 300 $18,950 FISCAL IMPACT: It is requested that funds in the amount of $18,950 be allocated from the Board Contingency Fund for the purposes outlined above. STAFF RECOMMENDATION: Staff recommends appropriating $18,950 from the Board Contingency for the June 13, 2006 Primary. ACTION NO. ITEM NO. Ç\ ~J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Janet Scheid Chief Planner Elmer C. Hodge ~ /J~ County Administrator 7 APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for April 25. 2006. The titles of these ordinances are as follows: 1. The petition of Kevin and Jennifer Cook to obtain a special use permit for the operation of a used automobile sales business located at 7400 Sunnybrook Drive, Suite 6, Hollins Magisterial District. 2. The petition of Sonic Restaurants, Inc. to obtain a special use permit on 1.101 acres for the operation of a fast food restaurant with drive-in located at 4504 and 4510 Challenger Avenue, Hollins Magisterial District. 3. The petition of Che Torry to rezone .92 acres from C-1, Office District, to C-2, General Commercial District, in order to construct a personal improvement service (personal trainer) located in the 4600 block of Brambleton Avenue, Windsor Hills Magisterial District. 1 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 April 25, 2006. 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 r= - \ DaCe recei ved: For Staff Use Onl Rcceived by: County of Roanoke Community Development Planning & Zoning ~ 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 ALL APPLICANTS Check type of pplication filed (check all that apply) o Rezoning pedal Use D Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Phone: Work: Cell #: Fax No.: Owner's name/address whip H I ~ ~,. k3..J 7307 Wi 1I1·~f2.d . VIt DI Property Location l~OO Sun'\~b,Dd( tr. Su Î-k.. fc 'ROoJìcll2 vl4 2lfD I Tax Map No.: 0"2-1. 14-04-D5.00- Ooao Size of parcd(s): Acres: I 3 ~ Phone #: Work: Fax No. #: Magisterial District: Community Planning area: Existing Zoning: Existing Land Use: ot.(lltE' S4-D- 31'1- 0003 5tfo- tól ~ g'9rfr 5t()- ~1tJ. - Dó0..3 6<10 - US -000 3 Stfo - 3"{o - ~ ~29 =:4ð - ~/fJ - Kg 2,c; Holllh5 #0/1; ns C:2. REZONiNG, SPECiAL USE PERMiT, WAiVER AND COMP PLAN (15.2-2232) REViEW APPLiCANTS (RJS/W/CP) Proposed Zoning: C2 I Sp:.CI"aJ IJse pemÙ+- Proposed Land Use: I Does the parcel meet the minimum lot area, width, and frontage requirements ofthe requested dishict? ~ No IF NO, A VARIANCE IS REQUIRED FIRST. ~ the parcel meet the minimum criteria for the requested Use Type?e:§J No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No VAlUANCE, WAiVER AND ADMiNiSTRATiVE APPEAL APPLiCANTS (V/W/AA) Variance/Waiver of Section(s) N J A of the Roanoke County Zoning Ordinance in order to: J Appeal of Zoning Administrator's decision to Appeal oflnterpretation of Section(s): of the Roanoke County Zoning Ordinance Appea! oflnterpretation of Zoning Map to ls the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSIWJCP VIAA RISIWICP V/AA RISIWICP VIAA B±J' -; tÆ Consultation 8 1/2" x II" concept plan ~ Application fee ApplÎcation r¥.'~: Metes and bounds description _ Proffers, if applicable ¡/ Justification v/r:l ~m~ Water and sewer application Adjoining property owners I hereby certify that I am é¡ther the owner of the property or the owner's agent or contract purchaser and am acting with ¡he knowledge and consent of the owner. o~"', S;g",,"re rfJ: 2 JUSTIFICA nON FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (J5.2-2232) REVIEW REQUESTS Applicant K-E:vm ~ J:TIn,'Rf CDok- The Planning Corrunission will study rezoning, special use permit waiver or community plan (15.2-2232) review 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 Roanoke County Ordinance as wel! as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Spec6/ LSe- 1);>·0111+ Xr+ðlnj~ 10 how~ prr:pIy w{l/ be u;œ. CW'renfly C2- ComrncrCid( frofdfr¡ 1 dfire J'p:re. Wi/I be urtr! Jolely ß( Com(J:Jrh.{ heti~~(krs. Please explain how the project confonns to the general guidelines and policies contained in the Roanoke County Community PI," 'thIS properh¡ falls Ilnder 7ft!. &re lònd cD(ed .wfffe ShOf(J01 CCr:Jers) ~Hd¡ I lJ.Se~dnd p~/lned O~(è.. ole.veJOfmed- IS' en~Ui5fJfd. 1111S bUSJf'ðS .föJl/S vnt:h' '#lis 3///dekœ. 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 ans lire and rescue, N 0 .fi-~fhe( I'mf!:f (}f} ../JuS prOper-Iv.. tJureflflv -Ihere- o)re 1\'-'f/eJJides" ~ sroæd ¡nsrc!e. /rere. W'¡/ be no vel/des otds/de.. CurrCJ1:l propeíl-f W'i II h.1Ve. f)D ~e {fl ãJp¡yart:íCe. -rre{~ w ill ~ no ve}¡,'CkS shred Of dispby-a1 CJ ufSí"dt: . 3 L CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the appJication. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development ofthe property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building permit. Site plan and building penl1it procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be aHered to the extent pemlined 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 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 /' b. Ý c. ¡,/ d. /'" e. v f. Vg. v' h. LI. v"'" j. Date, sca]e and north arrow Lot size in acres or square feet and dimensions Location, names of Owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All prope11y lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names ofal! existing or platted streets or other public ways within or adjacent to the development Dimensions and iocations of all driveways, parking spaces and loading spaces Additional information required for REZONiNG and SPECIAL USE PERMIT APPLICANTS r/ k. /J. L m. Topography map in a suitable scale and contour intervals / n. / o. v<,.,;!q p. /iJþ q. Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed Ifproject is to be phased, please show phase schedule I certify that all items required ¡f¡ the checklist above are complete. 6 In accordance with Roanoke County zoning regulations, this form was generated to represent the Concept Plan Checklist for the Special Use Permit of "Car Connections" new and used auto sales. A, Applicant Name - Kevin Cook / Car Connections Name of Development - Sunnybrook Office Park. B. Date-2/16/2006 Scale - See Attached map North Arrow - See Attached Map C. Lot size - .3 8 acres D. Location- 7400 Sunnybrook Dr. Unit 6. Owner - DMB Properties LLC - Mike Bailey-Owner Tax # - (Parcel ill) 027.14-04-05.00-0000 E, Physical Features - Paved parking lot, level ground, office building. F. Zoning/Use - C2 Commercial. Adjacent Property - Both Residential and commercial. Adjacent lots: 430 Dexter Ave, lot # 027.14-04-04-0wners- Adolphus & Leo Simpson, Residential. 710 Sunnybrook Dr. lot # 027.14-04-06 Palmieri Associates- Residential 504 Dexter RD lot # 027.11-02-13 V AKS L TO C2 Commercial G. Prop. Lines - See Attached MAP H. Existing Buildings - 7 -unit office building. 1 story wood frame building with brick face and shingled roofs. Proposed unit is 400 sq. ft, 1. Location - 7400 Sunnybrook Dr. Corner lot at intersection of Sunnybrook and Dexter. Streets are 16ft wide. See attached Map J. Driveway/Parking locations - 2 driveways. One on the north and one on the east end of the parking lot. Total of21 parking spaces. Per written agreement there are a total of 10 assigned to and paid (rent) for by "Car Connections" K. Utilities - Existing water, sewer, stonn drains, fire hydrants L. Driveways, entrances/exits - See item J. - See Maps M. Topography map - See attached Maps N. Street grades- distance at intersection - Level, See attached maps o. Hydrant locations - Closest hydrant is directly across the street at the intersection of Sunny brook and Dexter, approx. 16 feet from the parking area. See maps. P. Proffered conditions - N/ A Q. Phase Schedule - N/ A Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLlCA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition ifnew or additional infonnation is presented at the public hearing, If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional infonnation prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by 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 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 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 ~;~ Parcel: 27.14-4-5 - Roanoke County Department of Community D I 5204 B ' eve opment eroard Dnve Roanoke, Virginia 24018 (540 772-2065 DATE: 25 January, 2006 SCALE: 1" 50' Zoning _AG3 _EP _AG1 AR _AV C1 .C2 _ C2CVOO 11 .PCD PRD _PTD R1 R2 R3 R4 12 '111 \ - Applicants Name: Kevin & Jennifer Cook Existing Zoning: C-2 Proposed Zoning: C-2S Tax Map Number: 27.14-4-5 Magisterial District: Hollins Area: 0.38 Acres Roanoke County Department of Community Development March 3, 2006 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772- 2068 FAX (540) 77 6- 715 5 ALL APPLICANTS ~2- OÚ?OO-38~ For Staff Use Onl Da!e received: J Received by: Ç-d Placards issued: Case Number 9 _ tl Check type of application filed (check all that apply) o Rezoning IXSpecial Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address wlzip Sonic Restaurants, Inc. Attn: Jason Kapka 300 Johnny Bench Drive Oklahoma City, OK 73104 Owner's name/address whip F&W Community Development Corp. Attn: Steve Claytor P.o. Box 20069 0 n Property Location 4504 & 4510 Challenger Avenue Roanoke County Tax Map No.: 040.14-01-02.09-0000 Size ofparce1(s): Acres: 1.101 Phone: Work: (405) 364-8909 Cell #: Fax No.: (405) 249-8035 Phone #: Work: (540) 774-4415 "Fax No. #: (540) 774-9328 Magisterial District: Hollins Community Planning area: Core Existing Zoning: C-2 Existing Land Use: CoImlercial Vacant REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (RlS/W ICP) Proposed Zoning: C-2 Proposed Land Use: Dri ve- In And Fast Food Restaurant Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? @ No IF NO, A VARIANCE IS REQUIRED FffiST. Does the parcel meet the minimum criteria for the requested Use Type~ No IF NO, A VARIANCE IS REQUIRED FIRST ]f rezoning request, are conditions being proffered with this request? Yes No VariancefWaiver of Section(s) V ARlANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/WIAA) of the Roanoke County Zoning Ordinance in order to: Appea] of Zoning Administrator's decision to Appeal ofInterpretatioD ofSection(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to ]s the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ¡?rï ït~ ii"'" VIM Consultation " 8-1./2" x: 11 'Lconcept plan Application fee Application " Metes and bounds description Proffers, if applicable Justification nj a Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the er's agent or co tract purchaser and am acting with the Imowledge and consent ofthe owner. ¡/.~ Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant SONIC RESTAURANTS, INC The Planning Commission will study rezoning, special use penrùt waiver or community pi an (] 5.2-2232) review requests to detennine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. 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. The proposed use conforms with the purpose of the General Commercial District by providing another variety of commercial services to the area. The proposed project will be in character with the surrounding land use by meeting all applicable zoning regulations for the underlying zone. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The proposed project IS in conformance with the county Future Land Use Map designation "core". It is supportive of "high intensity urban development" which will "parallel the central business districts of Roanoke, Salem, and Vinton". In addition, its connectivity to adjacent properties through common shared driveways follows the suggested Design Guideline for "core" areas in the county. Please describe the impact(s) ofthe request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The impacts the proposed project will have on the existing inf~astructure will be minimal. Water, sewer, stormwater, and t~affic impacts will be addressed in comprehensive plan review. The use will not impact schools, or parks and recreation facilities. 3 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shäll 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 ofa building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, 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 ofthe request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS ./' a. Applicant name and name of development ."./ b. Date, scale and north arrow ../ c. v' d. /e. ,/ f. /g. /h. /i. /j. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent properties All property Jines 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 info17Tlation required for REZONING and SPECIAL USE PERMIT APPLICANTS ./ k. Existing utilities (water, sewer, storm drains) and connections at the site /' I. Any driveways, entrances/exits, curb openings and crossovers ,./ m. Topography map in a suitable scale and contour intervals /' n. Approximate street grade~ and site distances at intersections L o. Locations of all adjacent fire hydrants N/A p. Any proffered conditions at the site and how they are addressed .!:!/A. q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ~w.. 12. B---- Signature of applicant (Ae. e:t-IT) 'J.lçþ¿. I Dat~ 6 ~~,rN~~£ METES AND BOUNDS DESCRIPTION Description of Lot 2A (1.101 acres) F & W Community Development Corporation Subdivision (P .B. 26, Pg. 94) Tax No. 040.14-01·02.09 Beginning at a 1/2" pin found on the northerly right-of·way of Challenger Avenue (U.S. Route 460), said point being designated corner no. 1 on the plat entitled "AL TAlACSM Land title survey for Sonic Restaurants, Inc." by T.P. Parker & Son dated December 22,2005; thence along the northerly right-of-way of Challenger Avenue, S 37°41'11" W, 116.52' to a pin with cap found, designated corner no. 2; Thence, continuing with Challenger Avenue, S 26°36'04" W, 133.51' to the northeast corner of Lot 1, F & W Community Development Corporation Subdivision (P.B. 26, Pg. 94) to a pin set, designated corner no. 3; Thence along the northerly property line of Lot 1, N 60°16'03" W, 227.83' to the easterly property line of Lot 4A, property of Lowes Home Centers, Inc., to a pin set, designated corner no. 9; Thence with said property line with the following four (4) courses: N 45°13'50" E, 240.31' to a 1/2" pin found designated corner no. 10; Thence with a curve to the left whose radius is 265.00', arc distance of 50.81' (ch = S 6W31 '46" E, 50.54') to a pin with cap found, designated corner no. 11; Thence, N 58°53'09" E, 33.54' to a pin with cap found, designated corner no. 12; Thence, S 50°47'33" E, 107.34' to the point of beginning and containing 1.101 acres and being shown on the aforesaid plat by T.P. Parker & Son. Community Development Planning & Zoning Divísion NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNfNG COMMISSION APPLICA nON 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 Conunissioners 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 Conunission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County 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 ~'.c.. ~ ~e:c:..tA,t... ~ 'PE.tz.M\.,\ Name of Petition 51"1. ;E. &--- Petitioner's Signature ( ~ e.tJ'"t ,) -z.h11ol- '" ~ Date ..~ªI ! .:,., ·íIIl-<~' >C' CO=::J! l¡¡; ~"I ... ........, :;1 H hij' H I¡!'! 1! ì¡ì11i II ~ II'.;I ! ill e!UI.8J!A ',(¡unc:J B:IIOUEC~ PII1~a !rIJèi-516rõrl'll ~L/llloH '::>ul'SIUeJneJsi3~ ::J!UOS J0::l UUI ð^!Ja :)!UOS ,_I '.~ ~~ &:~ "'",,,",- "o,,¡:t.. . 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Existing Zoning: C-2 Proposed Zoning: C-2S Tax Map Number: 40.14-1-2.09 Magisterial District: Hollins Area: 1.101 Acres Roanoke County Department of Community Development March 3, 2006 p~ o Lea:)3S'~1 ~-3 County of Roanoke Community Development Planning & Zoning For Staff Use Onl Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Check type of application filed (check all that apply) ~Rezoning D Special Use D Variance D Waiver D Administrative Appeal D Comp Plan (15.2-2232) Review Applicants name/address wlzip CHé TDfl.:'i!_,,/ eo333 CHri/"'STJ6 L)J ~a:x:>1:::e VA 2.4018 Phone: Work: Cell #: Fax No.: '3't1 -a::f14- Owner's name/address wlzip \...1..0..'1 N. E. .A 'I r:R.S 57 -, 5 A::re=n. '-(tEE" K. ~D f20ANC~E, VA 1..'Iðf9 Phone #: Work: Fax No. #: 353' II Z?. Property Location o 'Brt..\A.VV"1ßLe7DN A\JG I. Ll&..oO b~ Tax Map No.: 08(0.08 -04 -I &;;. 62-CO o.C\Z Magisterial District: ~~ð COI1Ul1llility Planning area: c.. 'Ao\.l.e S Existing Zoning: C ~ I WIµDSOjZ. HI uS Existing Land Use: T Proposed Zoning: c... Z. Proposed Land Use: 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 FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes,. No D IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No ~ Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal ofInterpretation of Section(s): of the Roanoke COllilty Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SIWICP V/AA RlSIWICP V/AA rn Consultation ~ 8 1/2" x 11" concept plan Application Metes and bounds description Justification Water and sewer application I hereby certify that I am either the owner ofthe property or¡the owner's ofthe owner. \ RISIWICP VIM Application fee Proffers, if applicable Adjoining property owners ctpurchaser and am acting with the knowledge and consent ,. Owner's Signature 2 Applicant C t+€ /0(2. R..J The Planning C01111Illssion will study rezoning, special use pennit waiver or community plan (15.2-2232) review 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 pw-poses of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. :t1 I "'Stæ A t'"T\o"'lc...~ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Conununity Plan. # "2- S~ A~Iit\D 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. :t:t ~ ~ A-11'vtC th::-v:) 3 :::?iffi~ç~f.:I' :PL 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. Fw1her, the plan shall address any potential land use or design issues arising from the request. In such cases invol ving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, Correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent pemitted 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 planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staffmay exempt some of the items or suggest the addition of extra items, but the folJowinJ!; 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 al1 adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights í. Location, widths and names of aIJ 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 ínfomwtion required/or REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site I. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and CQntour 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. [f proj ect is to be phased, please show phase schedule ] certify that all items required in the checklist above are complete. Signature of applicant Date 6 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 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 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 1"/7. u<.,-- Date EBl z 0 ~ z > 0 w ::; --.J ;;: W <: I-- 0. Z '" 0 ~ 0::: ;;: LL '" L 0 ::; W (f) 0 D-. 0 0::: D-. ',L ,,0-1> ,,0-,6 0 .lL-,ll '"OL " -,l "v-,5l ,,9-,L ,,0 ,1> .0l"0 ,6 "O~,l "ll-,Il ..v ,6l ~~IW n~ ~iiB ~~: '" ~" ~~ ~ ~; oz· '"I ~ - ."" ~ ... III'. c"'" " D. ¡:íJ".~. :=¡ ~ ~ z: . :; <1;1 < II; :;:; z 0 I--< ........:¡ I--< > <C P-. \0 0 0 ¡.r.:¡ N en ~ I--< ~ ~ ::J ~ p:: ¡.r.:¡ UJ ¡.L, Z ¡.¡.. 00 0 I--< N '4: ........:¡ ~ ~ U > Z C( z w p:; - ~ - --.J '-' W 0 e; II V) µ..¡ W ¡.¡.. > t-< 0 * \0 ~ - - (f) µ..¡ -..... U en ~ a 0 Z aLii V) w V) (f) z,....¡ ~ 0 0 ~~ «:! D-. aU 0 I--< IX V) ~ 0:: E-< µ..¡ D-. N <C ,....¡ ~ > ¡:Q ;>-0 ¡.r.:¡ p:: ........:¡ 0 ¡.r.:¡ µ..¡ p::. ~ 0 p.. UJ ¡.r.:¡ IX p.. en 0 P-. 0 p:; P-. ADJACENT PROPERTY MAP FOR TAX MAP #86.08-4-16.02 ... ¡;; i .. PLANNERS . ARCHI'T'ECTS . eNG~ŒRS . SURVEYORS ROANOKE COUNTY, VIRGINIA SCALE: 1·.100' Tax #86.08-04-16.02-00 Applicant Che Torry #1 This project furthers the intent of the zoning ordinance because it provides for a variety of business services within the urban service area. This project will serve several neighborhoods and is on a corridor that serves a large area of the county. The C-2 designation is consistent with the transitional land use category found in the community plan. #2 This project conforms to the guidelines found in the community plan. The area is designated as transitional and the C-2 zoning classification is compatible within the transitional area. Specifically this project does not affect the Blue Ridge Parkway. It will bring white collar employment opportunities and wîl1 provide attractive architectural design to the area. #3 This project will require no more services than the average commercial site. Waste and sewer is available to the property. Due to the elevation change on the property and the proposed screening, impacts on adjacent properties will be limited. This project will provide additional tax base for the country while providing an aesthetically pleasing development. ,!!§c "gN~C ~~§cr~ ~ ~ N oS: ~ ~'»~ii :;:g ~.. =!~~ _a::c..LL ./ ./ ./ ./ ./ ./ ./ ./ \ \ \ I ( \ -... -... SS3N11~ 3SIM3~ll VINI8I:M 'A.lNnO:J 3>!ONVOtJ "- n .~ I .J î . ~ ~~ f Ii î. i 2 iq·· " . j £ ~~Cll .,. i ~. o . ~ f ~ ¡ '~ i· ~ . h B g ,,~ ~ ~ ;! h N\fld l\in.ld::JONOO z ~ S ,,\ :'111 :'.1,1 :::: ,I. ¡:::: \ '",1,,,:1..,, " , , "I' " "," " I", III I , I I 1\' I I I I I I, I I I ~ I , I I I \ I I I I I I I I I \ I I . \' , " I",' " ' '.:: ''''I,,'. \' " IIIII I I I'<:~-T"I'· , ~;- /' .:, ,;,~ 1 : : : " \ " : : : I '. .. r.....-a:~... r ' - ... ~ '" ~ II I I ~ I I I ~ I Þ , " ;;;.'....... '" .. - .. ...." I I I 1 I I ,I, I ' ., ,/"'..."...... ....._.. ",/ J I' I 11,1. I , ::,'1::;':" - ." .. ' I ,','.' 'I' : Z 0 ,'1:"'" ' ") < ~ ~ \ \ ~ ~E! 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J. _ . r- /C), / , / :I: U II:: =» :I: U Z '" II:: W :I: .... => ...J ...J '" ,', u, :J ·W ~ Z ~ w Z :I: o "") ~ 1/1 , I , ' I , ' I , , ' , ' , , ' . , ' , , . , , , Q ~ Q I.Q lu -J ~ VI (.) ;r: Q '" ~ Q I.Q .Ii c Q "') Q I.Q Zonrng '-..{ .AG3 _EP ~ _ ACì1 AR _AV ¿ C1 .C2 _ C2CVÚD 11 12' .PCD PRD ~ II!!II PTO R1 R2 R3 R4' - Applicants Name: Che'Torry Existing Zoning: C-1 Proposed Zoning: C-2 Tax Map Number: 86.08-4-16.2 Magisterial District: Windsor Hills Area: 0.92 Acres Roanoke County Department of Community Development March 3. 2006 ACTION NO, ITEM NO. G-\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: First reading of an ordinance amending the Roanoke County Code by amending Section 21-73, General Prerequisites to Grant of Division 3. Exemption for Elderly and Disabled Persons of Chapter 21. Taxation to increase the income limit and the total combined net worth provisions for real estate tax exemption for the elderly and disabled, and extending the application deadline for the current tax year SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: This is the first reading of an ordinance amending Section 21-73 of the Roanoke County Code to increase the income limit and the total combined net worth provisions for the elderly and disabled persons real estate tax exemptions. The General Assembly has authorized the governing bodies of counties. cities, and towns to adopt an ordinance to provide for the exemption from, deferral of, or a combination program of exemptions from and deferrals of real estate taxation for elderly or disabled property owners subject to certain conditions and in such amounts as the ordinance may allow and the enabling legislation may authorize. Roanoke County has adopted the exemption instead of deferral program for local real estate taxes for eligible citizens. This real estate property tax relief program is authorized by Article X, Section 6 (b) of the Constitution of Virginia, The exemption is intended to provide relief to those elderly or disabled persons whose real estate property tax burden is deemed to be excessive in comparison with their income and financial worth, There are three conditions in calculating eligibility for this exemption: 1. Total combined income cannot exceed $50,000 2. Total combined net worth cannot exceed $100,000 3. The net worth amount shall not include the value of the sole dwelling house and up to one acre of land. Roanoke County also excludes an amount up to $10,000 of income of each relative who is not the spouse of an eligible owner living in the dwelling and who does not qualify for the exem ption. The 2004 amendments by the General Assembly increased the net combined financial worth to $200,000; and it allowed excluding the value of the sole dwelling and land not to exceed 10 acres from this calculation. In October 2004, the Board adopted amendments to incorporate several of the higher dollar amounts allowed by the General Assembly. The draft ordinance recommends increasing the income limit to $56,566 and increasing the total combined net worth from $100,000 to $125,000. The ordinance does not recommend increasing the value of acreage from one acre to ten acres in calculating the total combined net worth of the owner and spouse. Finally the ordinance extends the deadline for filing an application for this exemption from March 31 to April 30, but only for the current 2006 tax year. The current total combined income and total combined net worth limitations appear to be appropriate for Roanoke County based upon median family income statistical data. The higher dollar limits are more appropriate for the more expensive Northern Virginia and Tidewater areas of the Commonwealth. Roanoke County's program provides real estate tax relief to elderly and disabled citizens of modest means while assisting them in alleviating an undue real estate tax burden. By excluding the value of the sole dwelling house and up to one acre of land from the total combined net worth calculation, the County helps these qualifying citizens to retain the family home. At the same time this exemption program does not shift an undue tax burden to young families with children. The State Code provides alternative methods for calculating the total combined income limitation. One alternative method bases the income limit upon family size for the metropolitan statistical area published by the Department of Housing and Urban Development in order to qualify for Federal housing assistance. This alternative would establish income limits ranging from $32,500 for a 1-person family to $61,250 for an 8- person family. Assuming that most elderly or disabled families would be in the 2- or 3- person family size, the income limits are $37,100 and $41,750, respectively. 2 A second alternative method for calculating the total combined income is based upon the County's medían adjusted gross income of married residents based on individual income tax returns as published by the Weldon Cooper Center for Public Service at the University of Virginia. The latest data is as of 12/1/2005 for the 2003 tax year. The median adjust gross income amount for Roanoke County is $56,566. Therefore, the recommendation to increase the total combined income limit for $50,000 to $56,566 is supported by this alternative method. The ordínance grants a tax exemption to eligible persons based upon financial need and ability to pay, while balancing the tax burden among the generations. When amending portions of the Roanoke County Code that affect taxes or fees, it has been the practice of the Board to hold a public hearíng after publishing notices in the newspaper. Since the County Code is adopted by ordinance, the County Charter requires two readings to amend an ordinance. The Charter does provide for a procedure to waive the second reading upon a four-fifths (4/5ths) vote of the Board and to adopt that ordinance as an emergency measure. Although the Charter allows for waiving the second reading of this ordinance, the Board does lose an opportunity to inform its citizens and publicíze this action through the publication of appropriate legal notices and the holding of a public hearing. If the Board wants to amend these income and net worth provisions for the current tax year, it will have to either adopt this ordinance as an emergency measure or it will have to delay the printíng and mailing of the real estate tax bills, or adopt these changes to be effective for the 2007 tax year (which would allow the Board to hold two readings and a public hearing). The fínancial eligibility critería for tax relief for elderly and disabled persons are preprinted on the back of the real estate tax bills. Existing forms that are currently on hand will be unusable. The last date for pre-printing these forms is April 1 0, 2006, if the Board intends to mail the real estate tax bills to citizens by April 27, 2006. The tax rate can be printed on the bill April 21, 2006 by the County. Changing the pre- printed forms after April 10 will result in either increased printing costs or a delay in mailing the tax bills. The County processes tax bills for the Town of Vinton. Any delay could affect the Town. Finally any change in the real estate bills could affect the processing of personal property tax bills. Mobile homes are processed as personal property but are billed at real estate tax rates. Staff is continuing to work on these logístical problems. FISCAL IMPACT: The County has budgeted $600,000 in this fiscal year for thís real estate exemption program. Staff believes that these amendments can be accommodated within the existing approved budget. 3 STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the proposed ordinance. The first reading is scheduled for March 28, 2006; second reading would be waived upon a 4/5ths vote of the Board. If adopted this ordinance would become effective for the 2006 tax year. 4 UJ -:.-' (ü iY " .~~J '. n.) C. () '"" r: , CI rJ L:._ 0 Co CJ ., ~,J (j, Uì c' j J ¡\; ;- ro _! Ó.: n Q) '"" _D C :"L' I.n lr, (~; CI 0 W- CO AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MARCH 28, 2006 ORDINANCE AMENDING THE ROANOKE COUNTY CODE BY AMENDING SECTION 21-73, GENERAL PREREQUISITES TO GRANT OF DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS OF CHAPTER 21. TAXATION TO INCREASE THE INCOME LIMIT AND THE TOTAL COMBINED NET WORTH PROVISIONS FOR REAL ESTATE TAX EXEMPTION FOR THE ELDERLY AND DISABLED, AND EXTENDING THE APPLICATION DEADLINE FOR THE CURRENT TAX YEAR WHEREAS, Section 21-73 of the Roanoke County Code currently establishes a limitation on the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein of $50,000; and WHEREAS, the total combined income limitation is complicated by alternative methods providing for a different limitations such as: (i) income limits based upon family size for the respective metropolitan statistical area published by the Department of Housing and Urban Development for qualifying for Federal housing assistance; and (ii) the County's median adjusted gross income of its married residents based upon individual income tax returns as published by the Weldon Cooper Center for Public Service of the University of Virginia; and WHEREAS, the latest data from the Weldon Cooper Center indicates that the median adjusted gross income amount for Roanoke County is $56,566; therefore, it appears that the County limit of $50,000 is less than the limit established for this alternative; and 1 WHEREAS, Section 21-73 of the Roanoke County Code currently establishes a limitation on the total combined net worth of the owner and his or her spouse of $100,000 during the immediately preceding calendar year; and WHEREAS, the State Code limits the "net combined financial worth" to $200,000 and that the locality may annually increase this limit by the Consumer Price Index; and WHEREAS, Section 21-74 of the Roanoke County Code provides that a person seeking an exemption under these provisions shall file an application for exemption between February 1 and March 31 of the year for which the exemption is claimed; and WHEREAS, this application for exemption deadline should be extended only for the current tax year to allow eligible citizens to avail themselves of these amendments; and WHEREAS. the first reading on this ordinance was held on March 28, 2006; and the second reading has been dispensed with, upon an affirmative vote of 4/5ths of the members of the Board, this being deemed to be an emergency measure pursuant to Section 18.04 of the Roanoke County Charter. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 21-73, General prereauisites to arant of Division 3. Exemption for elderly and disabled persons of Chapter 21, Taxation be amended to read and provide as follows: 2 CHAPTER 21. TAXATION ARTICLE II. REAL ESTATE TAXES DIVISION 3. EXEMPTION FOR ELDERLY AND DISABLED PERSONS* Sec. 21-73. General prerequisites to grant. Exemptions provided for in this division shall be granted only if the following conditions are met: (1) That the total combined income, during the immediately preceding calendar year, from all sources, of the owner of the dwelling and his relatives living therein did not exceed fifty thousand dollars ($50,000.00) fiftv six thousand five hundred sixtv-six dollars ($56,566); provided, however, that the first ten thousand dollars ($10,000.00) of income of each relative, other than the spouse of the owner, who is living in the dwelling shall not be included in such total. (2) That the owner and his spouse did not have a total combined net worth, including all equitable interests, exceeding one hundred thousand doll:m:: ($100,000.00) one hundred twentv-five thousand dollars ($125.000) as of December 31 of the immediately preceding calendar year. The amount of net worth specified herein shall not include the value of the sole dwelling house and up to one (1) acre of land. (3) Notwithstanding subsection (1) above if a person qualifies for an exemption and if that person can prove by clear and convincing evidence that his or her physical or mental health has deteriorated to the point that the only alternative to permanently residing in a hospital, nursing home, convalescent home or other facility or physical or mental care is to have a relative move in and provide care for that person, and if a relative does then move in for that purpose, then none of the income of the relative or of 3 the relatives spouse shall be counted towards the income limit, provided the owner of the residence has not transferred assets in excess of ten thousand dollars ($10,000.00) without adequate consideration within a three year period prior to or after the relative moves into such residence. 2. That this ordinance shall be in full force and effect from and after its adoption and it shall become effective for the 2006 real estate tax year. Further, that the deadline for filing an application for exemption under section 21-74 shall be extended from March 31 to April 30 for the 2006 tax year. 4 ACTION NO. ITEM NO. l-\ - , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28,2006 AGENDA ITEM: Second reading of an ordinance to accept the donation of a 2.28 acre parcel of land located at the intersection of West River Road and West Main Street from the Virginia Recreational Facilities Authority (VRFA) to the County of Roanoke, Catawba Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism Elmer C. Hodge ~ /j~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: In September 1988, the Ann Marr Fulwiler Trust donated a 2.28-acre parcel in west Roanoke County to Virginia's Explore Park, held by Virginia Recreational Facilities Authority (VRFA). At that time, the Explore Park Master Plan envisioned a Roanoke River parkway with an accompanying trail along the river from Explore Park to the western portion of the County. The purpose of the donation was to support the park's master plan and vision for this Roanoke River parkway and greenway. In 2004, the VRFA Board of Directors assessed its land holdings and determined that this parcel was no longer needed to support Explore Park's current vision. In so doing, the Board declared this property as surplus and requested that the property be donated or sold. In May 2005 when VRFA entered into a 50-year lease option with Virginia Living Histories, this parcel was removed from the lease option due to its remote location from Explore Park and in support of the original donor's wish that the property be made available for incorporation into the valley greenway system. The property is now free and clear for disposal. On February 21, 2006, the VRFA Board of Directors voted unanimously to approve the donation of this property to Roanoke County for use as public park land and future greenway development. The majority of the property is in the floodplain and unsuitable for residential or commercial development. However, it is an excellent resource to provide access to the Roanoke River and could serve as a viable link in the proposed Roanoke Valley Blueway and Greenway Plan, which would be brought back to the Board for approval. Currently it will be used to provide river access for the Camp Roanoke canoe and environmental education program, and in the future provide a much needed public canoe launch site. This would be a great addition to our program and citizens. The first reading of this ordinance was held on March 14 and there have been no changes since that time. FISCAL IMPACT: There is no funding associated with this donation. If the donation is accepted, any future recreational facilities would be handled through the Department of Parks, Recreation and Tourism as a Capital Improvement Program (CIP) budget item. AL TERNA TIVES: 1. Authorize the acceptance of this 2.28 acre parcel from the Virginia Recreational Facilities Authority to be included in the Parks and Recreation Department's land inventory for future use and development. 2. Decline to accept the donation which allows the VRFA to dispose of it by other means. STAFF RECOMMENDATION: Staff recommends Alternative 1, authorizing the acceptance of this 2.28 acre parcel, Tax ParcellD# 072.02-02-01.00-0000, from the Virginia Recreational Facilities Authority to be included in the Parks and Recreation Department's land inventory for future use and development. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 ORDINANCE TO ACCEPT THE DONATION OF A 2.28 ACRE PARCEL OF LAND (TAX MAP NO. 72.02-02-01) LOCATED AT THE INTERSECTION OF WEST RIVER ROAD AND WEST MAIN STREET FROM THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY (VRFA) TO THE COUNTY OF ROANOKE, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Virginia Recreational Facilities Authority (VRFA) has determined that it has no further need for a 2.28 acre parcel of land located at the intersection of West River Road and West Main Street further described as Tax Map No. 72.02-02-01; and WHEREAS, the VRFA has declared said parcel to be surplus property and has requested that the Board of Supervisors of Roanoke County accept the donation of this parcel of real estate for public park purposes and future greenway development; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on March 14, 2006, and the second reading will be held on March 28, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 . That the donation from the VRF A to the County of Roanoke of an approximate 2.28 acre parcel of real estate located at the intersection of West River Road and West Main Street and further described as Tax Map No. 72.02-02-01, is hereby authorized and approved. 1 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 2 ACTION NO. ITEM NO. -rl-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge é).( 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 expired 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. The Volunteer Fire and Rescue Chiefs Board will recommend nominees for these vacancies in the near future. 2. Roanoke Valley Greenway Commission The three-year term of Charles A. Blankenship will expire on April 8, 2006. 31-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 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 March 28, 2006, 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 3, inclusive, as follows: 1. Approval of minutes - March 6 and March 14,2006 2. Request from the schools to appropriate dual enrollment funds in the amount of $100 3. Request to adopt a resolution authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent 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. ~T~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28,2006 AGENDA ITEM: Request from schools to appropriate dual enrollment funds in the amount of $100 SUBMITTED BY: Dr. Lorraine Lange Deputy Superintendent Elmer C. Hodge [I( County Administrator APPROVED BY: COUNTY ADMINISTRATOR·S COMMENTS: SUMMARY OF INFORMATION: Roanoke County Schools and Virginia Western Community College(VWCC) have an agreement whereby the college provides college level courses in English, US History, and certain vocational subjects. The courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses. Roanoke County Schools added students to the dual enrollment count for first semester 2005-2006. VWCC reimbursed the school system $100.00 for services. FISCAL IMPACT: The instructional budget will be increased by $100. AL TERNA TIVES: None STAFF RECOMMENDATION: Staff recommends that the reimbursement of $100 from VWCC be appropriated to the instructional program. ACTION NO. ITEM NO. T-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Resolution authorizing Blue Ridge Behavioral Healthcare to act as its own fiscal agent SUBMITTED BY: Paul M. Mahoney Cou nty Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Blue Ridge Behavioral Healthcare is the community service board established by the political jurisdictions of Botetourt County, Craig County, Roanoke City, Roanoke County and the City of Salem. Due to restrictions contained in older state law, the City of Salem has served for a number of years as fiscal agent for BRBH to receive state and federal funds from the Department of Mental Health, Mental Retardation and Substance Abuse Services. State law has been amended to allow community service operating boards such as BRBH to act as their own fiscal agent when authorized to do so by the governing body of each city or county that established it. This provision is contained in Section 37.2- 504A.18. of the Code of Virginia. The City of Salem, as the current fiscal agent, is the entity most directly affected by this change. Salem has indicated it has no objection to this change. Additionally, none of the other jurisdictions have raised an objection. STAFF RECOMMENDATION: Staff recommends that the Board favorably consider the adoption of the attached Resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28,2006 RESOLUTION AUTHORIZING BLUE RIDGE BEHAVIORAL HEAL THCARE TO ACT AS ITS OWN FISCAL AGENT WHEREAS, Blue Ridge Behavioral Healthcare is the operating community service board established by and supplying services to the political jurisdictions of Botetourt County, Craig County, and the City of Roanoke, Roanoke County, and the City of Salem; and WHEREAS, Section 37.2-504A.18. of the Code of Virginia authorizes Blue Ridge Behavioral Healthcare to act as its own fiscal agent for receipt of state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services when authorized to do so by the governing body of each city or county that established it; and WHEREAS, Blue Ridge Behavioral Healthcare has requested authorization to act as its own fiscal agent effective July 1,2006. NOW, THEREFORE, be it resolved by the Board of Supervisors of Roanoke County that Blue Ridge Behavioral Healthcare is approved and authorized as provided in Section 37.2-504A.18 of the Code of Virginia, effective July 1, 2006, to act as its own fiscal agent to receive state and federal funds directly from the Department of Mental Health, Mental Retardation and Substance Abuse Services. N - \ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Fund Revenues Prior Report Balance $11,808,285 7.57% 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 March 28,2006 13,261,742 8.50% Note: On December 21, 2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2005-06 at a range of 7.5%-8.5% of General Fund Revenues 2005 - 2006 General Fund Revenues $156,020,489 7.5% of General Fund Revenues $11,701,537 8.5% of General Fund Revenues $13,261,742 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator N-~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Amount 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) 12/20/2005 Appropriation to design and build a bay at Back Creek Fire and (150,000.00) Rescue Station 12/20/2005 Contribution to the Town of Vinton for the War Memorial Expansion (100,000.00) 2/28/2006 Appropriation for construction of a new school warehouse (40,244.50) Balance at March 28, 2006 $5,834,217.50 $5,000,000 of this reserve is planned for radio purchases in the CIP Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Unaudited Balance at June 30, 2005 $1,416,838.00 7/1/2005 Capital Improvement Program funding for 2005·06 (Library) (1,416,838.00) Appropriation from 2004-05 Operations 679,628.00 Balance at March 28, 2006 $679,628.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator N<3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2005-2006 Original Budget $100,000.00 August9,2005 Appropriation for Legislative Liaison ($15,000.00) September 13, 2005 Appropriation for donation to American Red Cross ($10,000.00) for assistance with Hurricane Katrina October 25, 2005 Appropriation for the purchase and installation of a ($1,SOO.00) neighborhood sign in the Delaney Court Community December 20,2005 Appropriation to increase services and staffing hours at Bent ($9,000.00) Mountain and Mount Pleasant Libraries January 24, 2006 Appropriation for assessment for APCO negotiations ($2,203.00) to VMLNACO APCO Steering Committee February 2S, 2006 Appropriation for Volunteer Appreciation "Spring Fling" ($7,000.00) Balance at March 2S, 2006 $54,997.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator N-Y FUTURE DEBT PAYMENT RESERVE COUNTY OF ROANOKE, VIRGINIA Audited Balance at June 30, 2005 FY 2005-2006 Original budget appropriation Less increase in debt service Add Economic Development Dropoff FY 2005-2006 Annual Capital Contribution County Schools Balance at March 28,2006 $ 6,242,387 2,000,000 (3,424,615) 524,000 (900,615) 300,000 300,000 600,000 $ 5,941,772 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator ACTION NO. ITEM NO. N -5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28,2006 AGENDA ITEM: Accounts Paid-February 2006 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 3,861,840.38 Payroll 02/10/06 864,005.19 110,035.72 974,040.91 Payroll 02/24/06 918,704.06 108,606.41 1,027,310.47 Manual Checks 165.63 165.63 Voids Grand Total $ 5,863,357.39 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. N-{p .. ~ - "" r- oo 0\ oro ;;:; -c r- V '" .... '" 00 v -c -c M OJ") 0 r- "" 00 V .... õi '0 E 0 "" ~ .... '" r- oro oro "" '" <:> '" 0; '" r- ..... r- oc r- 0 ..... '" v ""! "" <:> Q .. N ¿ ...; ,..¡ or; ...; N \Ó N ,..¡ ...; a: or; a: ~ \Ó N ¿ or; 00 a: ~ ¿ ...; ~ C ,. tf. .. ..... ~ .. .. '0 -c -c '0 '>0 oro oro In '0 '0 '0 '0 '>0 '0 '0 '0 oro '0 '0 '>0 r- r- oro V 00 "" r- '>0 0 '" C 0 .. " N .. "" ¡.¡ ~ = .. ¡.¡ '" .. Od .. ;;; ;.. '0 .. ..... ..... r- 0 - 00 r- OO .... r- N '0 "" 0 OJ") 0\ r- 0 r- "" '" r- 0 M u .. "" ~ .. 00 0- '" 0\ V In 0 '0 '" ~ .... ~ ..... 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" :I ~ ;.. &: '" .. = 'D = s::: .. 00 " ... ~ Q &! ~ " ..... .¡:¡ N ..cI " 00 Q " .5 õi "ð " :!f Q ;0- ~ .a ::;:: ~ I(> > < ¡...."' -= ,; 'C " -= ..:0:: =: " ~ 0:1 "" = 'C -= 0:1 .. Q ~ = .1: " ... e ¡:¡. ~ .... -= ... <= .to '" ¡.¡ '" 1: ..... = ... ::;:: .:' ..... = ~ I(> ~ = 00 " ¡...."' U Q = ..... .. C\ e .š ;6 .. .... - .s .. '" rn ... ..... "" N ¡...."' 'D I(> ,..; ::: o C\ N Q ..... "l "" ..... .z¡ .. ~ -= " :! o '0 I ~ '0 "" <::' 8 <=> N <=> ,.¡ ]" ] ~ !; c Ji !; '" c ~ .!j '" = '" ~ 0 8 .5 ~ ::E t ] ~ -= ] 8- :a " 0: c:! ~ ~ õ ¡¡ '" ~ ] :ž: ¡;: .-: ¡¡; N-1 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 01/27105 Change Order (001 ) 21,065 (21 ,065) 01/27105 Change Order (002) * 53,835 01/28/05 Progress Payment #1 (1,456,157) 02/24/05 Progress Payment #2 (403,222) 03/24/05 Progress Payment #3 (375,678) 05/13/05 Progress Payment #4 (855,272) 06/10105 Progress Payment #5 (401,210) 06/20105 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) 07/27105 Progress Payment #7 (445,669) 08/10105 Progress Payment #8 (759.513) 08/23/05 Change Order (005) - Sewer Line Replacement 124,407 (124,407) 10/05/05 Progress Payment #9 (774,442) 10/13/05 Change Order (006) - Convert Cítations and Warrants Databases no cost 1 0/20105 Progress Payment #10 (664,909) 12/08/05 Progress Payment #11 (1,196,297) 12/08/05 Change Order (007) ~ Minor Changes to Radio Equipment no cost 12/08/05 Change Order (008) - Additional conduits for redundant 911 feed no cost 12/08/05 Change Order (009) - Regrading slope from road cut south side of Cove Road 3,737 (3,737) 12/08/05 Change Order (010) - Coordination of sewer line with Glen Cove School water line no cost 12/28/05 Progress Payment #12 (1,130,054) 01/03/06 Change Order (011) - Refrigerated storage for evidence storage 24,621 (24,621 ) 01/20106 Change Order (012) - Modifications to voice radio transition plan 84,060 02/02/06 Progress Payment #13 (1,099,134) 03/09/06 Progress Payment #14 (1,164,468) Balance at March 20,2006 $ 15,505,699 $ 339,446 * 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, Elmer Hodge County Administrator N-g PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA Chance Order Number Date Approved Description of ChanQe 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 3,737 010 December 8, 2005 Coordination of sewer line with Glen Cove School water line no cost 011 January 3,2006 Changes to the Evidence Storage Room 24,621 012 January 20,2006 Modifications to voice radio transition plan 84,060 Total as of March 20, 2006 $ 579,372 Submitted By, Dan O'Donnell Ass!. County Administrator Approved By, Elmer Hodge County Administrator ~, '" ACTION NO. ITEM NO. N ~q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Report from the Virginia Department of Transportation (VDOT) of changes to the secondary road system in January 2006 SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge {'It County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is the list of all changes to the secondary system of state highways in Roanoke County approved by the Director of the Asset Management Division in January 2006. 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Q '" .-=:: Gi u ;::I ;::I ]; = .... 0 <1> I: 0 0 >. - 0 ~ c;t; u u .... ..:.: .S' 2: $: .... å.i "" OJ} 0 bJI .... ;::I ;::I bJI ~ c 0 u « « ¡:: ¡;¡ ¡,:¡ ~ '" I:: ..:.Ii '50 13 Gi <1> <1> <1> .!:J Š rFl tij ô;j -0 ~ ~ u 1; '" õ ... -= 0 c -é ..<: ..<: ':I Q = U ¡:z: :r:: .5 u u 0 t: = 0 1:::1 = Z S 0.11 0 t: ð Q !í I: ~ ;:; ~ ~ '6(, 0.11 '" ~ "'C "i: .... '" I: Gi ~ '- .... >. 0:1 ~ '" Q rJ] rJ] 0:: ¡:: - .... ;:; <J " .... ..g ~ = ~ = ,~ Q ~ =c: u 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: March 28, 2006 AGENDA ITEM: Work session to discuss fiscal year 2006-2007 budget development SUBMITTED BY: Brent Robertson Director of Management and Budget Elmer C. Hodge to County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to provide an update on FY2006-2007 budget development. The following budget information will be reviewed: . Parks, Recreation and Tourism Department presentation . Board recommendations for contributions 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: March 28, 2006 Work session to discuss 800 MHz re-banding planning agreement AGENDA ITEM: SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County staff has recently successfully concluded a contract with SprintlNextel for $181,212.29 in planning dollars for the frequency relocation in the 800MHz public safety radio system re-banding. This contract was achieved through a mediation process authorized by the Federal Communications Commission's Transition Authority which ruled substantially in the County's favor on all disputed matters with SprintlNextel. The purpose of this work session is to keep the Board of Supervisors informed of the progress in this vital public safety undertaking and to outline the current schedule for the actual movement of the County's public safety radio frequencies over the coming months. Attached is a chronology of the County's progress in this process and future schedule. p-~ 800 MHZ Re-Banding - History April 2005- FCC Report and Order finalized and dates for negotiations were established for the four re-banding "waves". County of Roanoke owned frequencies in "wave" 1, stage 1 and City and County of Roanoke owned frequencies in "wave" 1 stage 2. April-May 2005- City and County of Roanoke work together to draft an amendment to the existing 15 year radio partnership agreement to allow one body to negotiate for all of the FCC License holders. June -July 2005- Amendment is approved by the County Board of Supervisors and by the City Council. June 27,2005- Voluntary negotiation period begins with Nextel July -August 2005- RFP is written and issued for consulting services to assist with negotiating, planning, and implementation of the re-banding directive. September 2005- CT A Communications and Miller Van Eaton are selected and begin work. September 27,2005- Mandatory negotiation period begins with Nextel October-November 2005- CTA Communications, County. and City staff meets with Nextel representatives. A Planning Funding Agreement is crafted for submission to Nextel. November 2005- Sprint PCS purchases Nextel and begins to do business as SprintlNexteJ. November-December 2005- Negotiations ensue with SprintlNextel and five major points of contention cannot be resolved. December 27, 2005- Mandatory Mediation Period begins with licensees who have not reached agreement with SprintlNextel. January-February, 2006- Mediation begins and continues until February 10, 2006. February 2006- Mediator rules in favor of the County of Roanoke on all five issues. SprintlNextel agrees to all major points and submits a contract for signatures. March 2006- PFA Contract between SprintlNextel and the County of Roanoke approved by the Transition Administrator for $181,212.29 in planning dollars. Planning for the Frequency Relocation agreement begins. 800 MHZ Re-Banding - Next Steps March 2006 - June 2006-Planning and cost calculations in preparation for the Frequency Relocation Agreement (FRA) June 27, 2006- Signed FRA due as mandated by the FCC and the Transition Ad ministrator July 2006 - September 2006- Frequency move for Channel 11 & 12 July 2006 - September 2006- Negotiation for a Planning Funding Agreement for the NPSPAC and Expansion Band Channels October 2006 - December 2006- Planning for the final frequency moves January 2007 - March 2007- Negotiation for the final Frequency Relocation Agreement April 2007 - June 2007- Final frequency relocation July 2007 - August 2007- "True-up" with SprintlNextel on all work and payments ACTION NO. P-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 Work session to provide an update regarding the Interstate 81 Tier 1 Draft Environmental Impact Statement AGENDA ITEM: SUBMITTED BY: Anthony Ford, P.E. Transportation Engineering Manager APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Federal Highway Administration (FHWA) and the Virginia Department of Transportation (VDOT) has developed a Tier 1 Draft Environmental Impact Statement (DEIS) for the 1-81 Corridor Improvement Study. To gather public input on this document, VDOT is holding public hearings across the state, The hearing scheduled for our area is Tuesday, April 11 at the Roanoke Wyndham Hotel. All comments on the 1-81 Tier 1 DEIS are due to VDOT by April 29. Following the public hearings and receipt of the comments, the Commonwealth Transportation Board (CTS) will make a decision regarding which, if any concepts to advance. If an improvement concept is advanced, VDOT and the FHWA will prepare a Tier 1 Final EIS, and the FHWA will issue a Tier 1 Record of Decision. County staff will be present at this work session to provide a brief summary of the contents of the Tier 1 DEIS and to answer questions about the project and the process. Subsequent to receiving comments and input from the Board of Supervisors, staff anticipates drafting a letter detailing the County's commentary on this document and sending it to VDOT with the signature of the Board of Supervisors Chairman. Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. ACTION NO. ITEM NO. Q.- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Resolution of congratulations to William Byrd High School Cheerleading Competition Team for winning the Group AA state cheerleading championship Elmer C. Hodge S.H County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The William Byrd High School (WBHS) Cheerleading Competition Team won the GroupAA state championship for the third time in five years at the Virginia High School Cheer Competition held in Richmond on November 22,2005. The team also took home the title in 2002 and 2003. The 25-member squad competed against 16 other teams for the title and scored 279 points, which is the highest score ever achieved in a state championship competition. In addition, the team also won the Blue Ridge District and Region III titles and won the Grand Championship at the Cougar Classic in October 2005. In order to prepare for the event, the team held three-hour practices six days a week for nearly four months as well as performing at sporting events. The team is coached by Jessica Wheeler, Head Coach, and Assistant Coaches Monica West and Marcia Patterson. Gary Walthall is the school's athletic director. Members of the team and the coaches will be present to accept the recognition. Gary Walthall, Athletic Director, is unable to attend due to previous commitments. Dr. Lorraine Lange, Deputy Superintendent of Instruction, Mike Stovall, Chairman ofthe School Board, and Richard Turner, WBHS Principal, have been invited to attend. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 RESOLUTION OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM FOR WINNING THE GROUP AA STATE CHEERLEADING CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, the William Byrd High School Cheerleading Competition Team is comprised of members of both the Junior Varsity and Varsity squads who are judged and selected for membership on the competition team; and WHEREAS, the competition team won the Group AA state cheerleading championship, defeating 16 other schools at the state tournament which was held in Richmond; and WHEREAS, the team also won the Blue Ridge District Competition, the Region 111 Championship, and the Cougar Classic Grand Championship; and WHEREAS, the team is coached by Head Coach Jessica Wheeler and Assistant Coaches Monica West and Marcia Patterson; and WHEREAS, teamwork is essential in the sport of cheerleading with each member contributing to the success of the team. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM: Hannah Angel, Courtney Canterbury, Kristin Dyer, Rachel Greenway, Samantha Hayden, Megan Hicks, Amber Hylton, Catherine Lyon, Meghan Morris, Jordan Mullen, Amy Neas, Morgan Nicely, Sam Nolen, Pamella Palmer, Alisha Penton, Ashli Semones, Ashley Simmons, Kayla Smith, laken Smith, Alisha Smith, Stephanie Thomas, Taylor Tran, Kara Turner, Holly Walker, and Jordyn Webb for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. 2 ~untP of l\oanokts CERTIFICATE OF RECOGNITION AWARDED TO 1-10111 \~a1ke~ WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM for winning the GROUP AA STATE CHEERLEADING CHAMPIONSHIP Presented this 28th day of March 2006 \"ì.'~ 0.. W Michael A. Wray, Chairm~ ~ Inuk/ ii. ~ Michael W. Altizer ß. "IÞ~ .(jb~ ~,c.)...y Go ~~'- Richard C. Flora 5 - \ PETITIONER: Judy Taylor Wagner CASE NUMBER: 5-3/2006 Planning Commission Hearing Date: April 4, 2006 (Continued from March 7, 2006) Board of Supervisors Hearing Date: April 25, 2006 Continued from March 28, 2006) A. REQUEST The petition of Judy Taylor Wagner to rezone .369 acres from R-1, Low Density Residential District, to C-1, Office District for the operation of a beauty salon, located at 3722 Colonial Avenue, Cave Spring Magisterial District. (Continued to April 4, 2006 by request of the petitioner) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission LAW OFFICES OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, PLC Edward A. Natt Please reply to: P. O. Box 20487 Roanoke, VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com 3140 CHAPARRAL DRIVE, SUITE 200-C WWW.OPNI..AW.QOM SALEM, VIRGINIA 24·153 P. O. Box 27g JO::s. N. GOLORADO STREET (~..o) :369·2:)49 FAX (~40) :)ß9-9~60 ROANOKE. VIRGHUA 24018-4370 (540) 089-0000. FAX (540) 772-0]26 February 15, 2006 Mr. Tim Beard Department of Pianning and Zoning County of Roanoke 5204 Bernard Drive Roanoke, VA 24018 Re: Rezoning - Judy Taylor Wagner 3722 Colonial Avenue (Tax Map No. 077.18-03-31) Dear Tim: I appreciate the opportunity of meeting with you and the neighbors regarding the above rezoning request. As I advised you, we would like to continue the matter until the meeting of the Planning Commission scheduled for April 4th so that I can be present to make the presentation. I would appreciate your advising the neighbors who were present of this fact. I want to take this opportunity to correct one matter which I stated incorrectly at the meeting. My client does own the property at 2937 Brambleton Avenue and will continue to operate at that location. My client's business has been very successful at that location and she desires to open this as a second location. She has been in the beauty shop business for approximately forty (40) years and expects to continue in that business. The new facility will have a total of eight (8) chairs serving a combination of hair, nail and skin clients. On the average, there will be four to five beauticians at the site. At times, there may be less but rarely will there be more. Insofar as the proffers are concerned, we would offer the following: 1 . The use of the property shall be limited to cosmetic services including hair, nail and skin treatment. Mr. Tim Mr. Tim Beard Department of Planning and Zoning County of Roanoke February 15, 2006 Page 2 of 3 2. The carport will be enclosed, a canopy will be placed over the main entrance and there will be no other exterior building expansion. 3. Colonial Avenue will not be utilized for ingress and egress. 4. The new parking area (and I think all parking spaces should be dealt with) of an impervious service. Mr. Wagner indicated to me that brick pavers would be more expensive, but he is willing to consider that. 5. Stormwater management will be addressed through available methods, including the use of the impervious surface and other sub-surface storm drainage. 6. Hours of operation shall be 9:00 AM until 8:00 PM Monday through Saturday. 7. Applicable Colonial Avenue Corridor Design Guidelines will be in effect as determined during the site plan review process. Ed Selander of 3718 Green Valley Drive requested that my client meet with him to discuss the rear property line. I talked with my client and, upon his return to town, he will meet with Mr. Selander. By copy of this letter, I am advising Mr. Wagner that Mr. Selander's telephone number is 774-6323. Mr. Wagner indicated that, based upon necessity, he may have a survey undertaken for the property. I trust that this information will assist you in your staff report. Again, I appreciate your cooperation and look forward to appearing before the Planning Commission on April 4th. With best personal regards, I am Very truly yours, OSTERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. [Q{\~ Edward A. Natt Mr. Tim Mr. Tim Beard Department of Planning and Zoning County of Roanoke February 15, 2006 Page 3 of 3 EAN/csb pc: Mr. Richard W. Wagner 78 Spinnaker Run Court Moneta, VA 24121-2550 ¡ Jason Pack, Assoc. AlA Rife + Wood Architects 1326 Grandin Road Roanoke, VA 24015 S-d PETITIONER: Loblolly Mill, LLC CASE NUMBER: 7-3/2006 Planning Commission Hearing Date: April 4, 2006 (Continued from March 7, 2006) Board of Supervisors Hearing Date: April 25, 2006 Continued from March 28, 2006) A. REQUEST The petition of Loblolly Mill, LLC to rezone 94.229 acres from AG-3, Agricultural Preserve District, to PRO, Planned Residential District with a maximum density of 0.33 houses per acre, located at 3672 and 3804 Sterling Road, Vinton Magisterial District. B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION(S) F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission - Applicants Name: Loblolly Mill, LLC Existing Zoning: A G-3 Proposed Zoning: PRO Tax Map Number: 89.00-3-6,12 Magisterial District: Vinton Area: 94.229 Acres Roanoke County Department of Community Development _AGJ _EP _AG1 AA _AV C1 _C2 _ C2CVOO 11 r. - -: a .PCD PRO .PTD R1 R2 R3 R4 January 25, 2006 53 PETITIONER: CASE NUMBER: Eric Eanes & Todd Conner 3-1/2006 Planning Commission Hearing Date: March 7, 2006 (Continued from January 3, 2006 and February 7, 2006) Board of Supervisors Hearing Date: March 28, 2006 (Continued from January 24,2006 and February 28, 2006) A. REQUEST The petition of Eric Eanes and Todd Conner to rezone 8.92 acres from C-2 S, 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. B. CITIZEN COMMENTS No citizens spoke in favor of, or in opposition to, the request. C. SUMMARY OF COMMISSION DISCUSSION Staff noted that a revised concept p!an indicating perimeter landscaping and buffering and the approximate size and location of a stormwater management facility had been submitted as requested by the Planning Commission at its February public hearing. Other changes to the proposed plan include a slight reconfiguration of access from Williamson Road and proposed road alignment and curvature in the north portion of the subject site in addition to "community owned" green space. Also, the revised plan indicates 50 proposed townhouses as opposed to the 51 previously shown which would place project density at 5.6 units per acre. Mrs. Hooker and Mr. McNeil expressed concerns that the proposal still does not conform with the Community Plan and with economic development policies in light of the potential loss of 8.92 acres of commercial I industrial land. Mr. Jarrell stated that the proposed development would provide additional housing for the area and noted its proximity to Hollins University. Mr. Azar referred to the proposal's compatibility with surrounding land uses as an infill development project. D. PROFFERED CONDITIONS 1) The developer hereby proffers substantial compliance with the master plan titled "Williamson Road Subdivision" prepared by Balzer & Associates dated 11-23-2006 and last revised 3-1-2006. 2) The developer hereby proffers that no more than 51 units will be constructed. E. COMMISSION ACTION Mr. Jarrell motioned to approve the request with proffered conditions. The motion carried 3 - 2. F. DISSENTING PERSPECTIVE Mrs. Hooker Mr. McNeil G. ATTACHMENTS: _Concept Plan _Staff Report _Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission MEMORANDUM To: Planning Commission From: Timothy Beard, Planner Date: March 1, 2006 Subject: Updated Site Plan - Eanes & Conner On behalf of the petitioners, Balzer & Associates submitted a revised concept plan for the "Williamson Road Subdivision" townhome proposal considered at your February 7 public hearing. At that time, the Commission continued the petition in order to allow time for screening and buffering and stoffilwater management to be addressed. The revised plan dated March 1, 2006 reflects proposed perimeter screening and buffering as previously requested by staff. The plan indicates the foJlowing items: · Type B with a 20-foot buffer and plantings adjoining R-3 zoned property; · Type C, with a 30-foot buffer and plantings adjoining C-2 zoned property; · Type D, with a 35-foot buffer and plantings adjoining 1- I zoned property. A 25,250 cubic-foot stoffilwater management faciJity is indicated on the revised plan near the southeast corner of the subject parcel. 5 I ; ~~ 15· ~I ~~ ~~ g -0 X~ ê§ ð~ @¡:: U D:: \Ii o..l£! \t! 0.. - 0..)( ,"'- _~ ~ ~.w-~ '-~ ßo~y.u N~ 1..'« ....J....~ ,/ ~~ Rà;¡:¡ ,-0 ....N~ .......-_____.u ..._ ---" , ---.~. , " , -, ..~::::..:~ -:-:;-,>,- o '~ " ....-_.... / ..I-..J..~ --' -............. .-.....,. ........... , , " , , , I 'I I I I _.j '-., , '-. " \ , , , .... , , \ ---. \ ~ C; ;,. " I :i ........ Õ~~ ......, I m~ ....................0: -.... f"-, 0::-- ~ \ ~~:I:°6~ 1°¡;t5£;~ ~~:JZ~ '" Or-- ~ ON~ ./ .-.~-.-. --. .-............... ........, ~..................., ~, , ~- -_....-"" I/) '" ~~ 0.., I-;z: t::>2 5~ 81:. 1/).... ~~ "'I:: 0..0 ~~ ~- " ............. ........,...., '.... \ "- ....... ." " "" \ , ',., '-." ., \ \ .\0::. .'<'''-.,\\ \ \ \ ~ '.,', \, '. \ \ , \~LD\ '-., \ \ \ , \ ' \ '\. \ \ \ \ \ '. " \ " ,~ \ \\\\\\\\, \ \ \' ,1,,\\ '. \ \\\.',', \, \..'\\\\', \ ,\ \ ' \\' \ ' , . , \ ' \ '- '- \. \ \ " , , \ I \ ,,, '. ,\' " , '.. J' '\""\,,, , )\,\,\"" . f \ \ ". \\ . '\.', ....". \ I\. Petitioner: Eric Eanes and Todd Conner 1202 Electric Road, Suite A Salem, Va 24153 Request: Rezoníng From C-2 to R-3 Property: 8.92 acres- A portion of Tax #27.11-01-25 Property Owner: Rajesh R. Desai 7745 Hollins Court Drive Roanoke, VA 24019 The following are proffered conditions for the above referenced Zoning Case. Proffered Condition 1. The developer hereby proffers substantial compliance with the master plan titled "Williamson Road Subdivision", Prepared by Balzer and Associates, Inc. Dated 11-23-05 and last revised 3-1-06. 2. The developer hereby proffers that no more than 51 units will be constructed on this site. Signed: i &t "'; J--/ (IL- ì P fA/'- Title : Owner Date: (_? J c¡ í Ob Signed ~~¿.. F Title : Contract Purchaser Title : Contract Purchaser Date ./~; tY :?ßfc: n~t~r~~;!I~~}~}~i1¡W1t1:;'~~f;~~J:~!\~;1;{i.ŒH,~:;~i}~~:~;,;.~;~}:::;~;yy. Yi'_T$~~jf'F;1·~~,QijÏ.i:})~;~,!Y:~m:i~}:~fîUÆ1!I~~!:~~;) ';'~:~'Ff;d !i:\r;::1~¡\~;~~~.~\!tmi~i~ Petitioner: Eric Eanes & Todd Conner Request: To rezone 8.92 acres from C-2 General Commercial I Special Use Permit to R-3 Medium Density Multi-Family Residential to construct a townhome development 7656 Williamson Road Location: Magisterial District: Hollins Suggested Proffer of Conditions: 1. The project shall be constructed in general compliance with concept plan titled "Williamson Road Subdivision" prepared by Balzer & Associates dated November 23,2005. 2. A maximum of 51 residential units shall be constructed on the property. 3. Screening and buffering ons:ite shall be implemented per the following: · Type B, Option 1 or 2, adjoining R-3 zoned property; · Type C, Option lor 2, adjoining C-2 zoned property; · Type D, Option 1 or 2~ adjoining 1-1 zoned property. EXECUTIVE SUM1\1ARY: This is an unconditional request to rezone 8.92 acres of a 9.84 acre tract from C-2 SUP to R-3 situated on the north side of Williamson Road approximately 0.2 mDe east of its intersection with Plantation Road for the purpose of developing a townhouse project at a proposed density of 5.71 units per acre. The overall site is designated Principal Industrial and Core by the 2005 Roanoke County Community Plan. All redevelopment proposed under tills petition would occur in the area delineated Principal Industrial. The proposed residentÍal development is not consistent with that designation. 1. APPLICABLE REGULATIONS Site plan review and VDOT approval for a new commercial entrance will be required. Local and state stonnwater management regulations are also applicable. Townhouse developments are permitted by right in the R-3 and R-4 zoning districts and by Special Use Permit in A V and C-1. General Use & Design standards include the following: · public water and sewer are required; · varying front yard setbacks, building facades and roof lines are required for any group of five or more abutting to'NIlhouses; · a minimum separation of 40 feet is required between any group of five or more tovmhouse units and any other townhouse building and a minimum of 20 feet is required between groups of four or less units from any other building containing four or less townhouses; · the maximum height of any townhouse shall not exceed 45 feet and no accessory building shall exceed 15 feet in height; · accessory structures shaH be allowed only in rear yards and shaU not exceed] 0 feet ~y 10 feet in area; · only one yard shall be improved with an impermeable surface intended for vehicle storage or garage or parking area access; · rnaximmn building and lot coverage requirements shall be computed for the entire site develDpment; · pubtic street frontage shall not be required for any proposed lot of record platted for · townhouse construction in R-3 and R-4 districts, and; · vehicular access and turn around for regularly scheduled public service vehicles shall be provided. Additionally, the following standards are applicable in the R-3 district per Section 30-82-l4(E): · the maximum gross density shall not exceed ]2 townhouse units per acre; · the minimum parcel size shall not less than 7,200 square feet for the first dwelling unit plus 3,630 square feet for each additional unit; · front yard setbacks shall average at least 15 feet for each townhouse group with a minimum of 10 feet for any individual townhouse unit; no common parking area, common driveway or street right-of-way shall be permitted within a required front yard area~ · a minimum side yard of 15 feet shall be provided for each end residence in any group of townhouses adjoining a private boundary of the development; where a group of townhouses adjoins a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard sétback .shall be at I east 10 feet; · the minimum rear yard setback shall. be 25 feet; · the minimum lot size for individual townhouse lots shall be 1,800 square feet for interior lots and 2,300 square feet for end lots; · the minimum width for individual townhouse lots shaH be 18 feet measured from center of wall to center of wall or outside end wan; · a maximum of 1 0 townhouse units shall be permitted per group of townhouses; · maximum overall coverage shall not exceed 40% for buildings and 65% for lots. 2. ANALYSIS OF EXISTING CONDITIONS Background - 0.92 acre of the overall subject parcel with approximately 140 feet of frontage on Williamson Road will remain C-2. The requested zoning change consists of 8.92 acres which formerly contained motel buildings for Howard Johnson's and, more recently Budget Motor Lodge. In 1991 a Home for Adults was also permitted on the property, but never operated per Rajesh Desai who has owned the land since 1985. All buildings on the site were removed in 2002 per Mr. Desai. Purchase of the site by petitioners is contingent on the outcome of this rezoning request. The proposed 51~unit townhouse development would be served by two 50-foot wide public roads, one directly accessing Williamson Road. TopographyNegetation - The site rises gently from U.S. 11 for approximately 250 feet and climbs to a plateau where the proposed new residential construction would begin. That portion of the site then rises very gently northward to its end. Portions ofthe west boundary display mature deciduous gro'W1b while scattered evergreen and deciduous trees stand in central portions of the tract and appear sparsely along the east border. Surrounding Neighborhood - The subject parcel is bounded by R-1 and C-2 zoned parcels on the east (both occupied by single family homes), undeveloped I-I zoned property to the north, the C- 2 zoned HolHns Manor Apartments and an R-3 zoned single family home on the west and C-2 zoned retail and service commercial uses to the south across Williamson Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - 51 townhouses with public road access are proposed for the subject 8.92 acres resulting in a density of approximately 5.7 units per acre. Per concept plan, no more 2 than four abutting townhouses are grouped together and no more than two abutting units will have the same front building line. Single story attached patio hDmes are planned with an Dption fDr a second flDDr - exterior building materials are not specified, but are expected to include brick. The building footprint indicates that each unit will cDntain 1,980 square feet. Two Dff- $treet parking spaces are propDsed per unit and all townhouses will have garages. ND project identification sign is indicated. Screening & Buffering - Per Drdinance, only that portion of the nDrtheast bDrder Df the site adjDining R-l property requires landscaping and/or screening (Type A including a variable 15' - 20' wide buffer yard with trees and shrubs and, under Option 2, a 6-fDot high screen). Staff requests that the applicant proffer Type D, Option 1 or 2 screening and buffering alDng the north boundary adjoining I-I property (Option 1: 50' buffer, large and small trees and a row of deciduous shrubs; OptiDn 2: 35' buffer, one large tree each 30', 6' screen and six shrubs for each 10'), Staff also requests the applicant proffer Type C, Option 1 or 2 screening and buffering alDng all borders (south, southeast and southwest) with C-2 zDned prDperty (OptiDn I: 40' buffer, large and small ~ees and one row each of evergreen and deciduous shrubs; OptiDn 2: 30' buffer, one large tree each 30', 6' screen and four shrubs for each 10'), Staff also requests the applicant proffer Type A, Option 1 or 2 screening and buffering along the northeast boundary adjoining the existing single family residence (Option 1: 20' buffer, large trees and one row each of evergreen and deciduous shrubs; OptiDn 2: 15' buffer, one large and three small trees fDr each 75',6' screen and two large shrubs for each 10'). Accessrrraffic Circulation - VDOT Assistant Residency Administrator reports that the posted speed limit on Williamson Road is 35 miles per hour and that minimum sight distance is 455 feet in either directiDn. VOOT also states that the existing entrance needs upgrading fDr a right-turn lane and that a new entrance permit would be required fDr such work in addition to complete subdivision pJans w'Íth drainage details pertaining to the proposed public streets. The Roanoke County Transportation Engineering Manager estimates a maximum of 362 veruc]e trips per weekday (30-35 estimated moming and evening peak hour trips). Public roads are sUPPDrted as are sždewalks for the prDpDsed project. Also noted is the like1y need for a right-turn dece]eration Jane or a larger entrance radius at WilliamsDn Road. Fire & RescuelUtilities - Fire & Rescue staff states that the prDposed site is Dne mile frDm the Hollins station and that hydrants are located nearby on WiHiamson Road. 1 2-inch public water and 8-inch pub1ic sewer facilities are IDcated in the existing right-of-way and extensiDns wou]d be required to serve the develDpment. StDrmwater Management - On site storrnwater detention wi1l be required. ND specific location has been jdentified Dn the concept plan. Public Schools - SchoDI age children generated by the proposed development would attend Burlington Elementary, NDrthside Middle and NDrthside High Schools. As of the start Dfthe fall, 2005 schDo] year, Bur]ingtDn Elementary's enrollment was approximately 430 chi1dren with a capacity of 440 pupils, Northside Middle School's enrollment was approximate]y 750 students with a capacity of 806 and Northside High was at capacity with its enrollment of 1,050 students. A11 figures are per individual schDol staff. At cDmpletion, a tDtal Df 10-12 school chi]dren are projected to live in the development. 3 Economic Development - the Roanoke County Economic Development Department objects to the proposed rezorung for the following reasons: · commercial acreage needed for the county's economic growth is in short supply; · tills is prime commercial property situated within a future growth area near the intersections of Williamson Road and Plantation Road and Williamson Road and Peters Creek Road with close proximity to Interstate 81 ; · said property is the most logical access from WiJliamson Road to 60-plus acres of adjacent undeveloped land (Huffman property) to the north; · thís site is one of several contiguous properties located northeast of Plantation and Williamson Roads currently available for sale - assembling these properties would create a commercial site of approximately 40 acres; · the proposed land use is not compatible with existing adjacent land uses and/or zoning; · the proposed rezoning does not comply with the recently adopted community plan. Hollins Village Design Guidelines - the WiJJiamson Road/Hollins Village Master Plan developed in the mid-1990's seeks to foster business in the community by creating alternatives to typical strip development. With the central theme of providing a hospitable atmosphere and a beautiful setting for renewal of offices and commerce, the master plan focuses on business and frontage properties along Williamson Road. The applicant's proposal should incorporate a pedestrian scale in buildings and proper sensitivity to exterior lighting and identification signage. Architecture in step with historic structures and limited grading and site coverage are also encouraged, even for those projects without WiJJiamson Road frontage. 4. CONFOR1\1ANCE WITH ROANOKE COUNTY COMMUNITY PLAN The 2005 Roanoke County Community Plan has designated the subject 8.92 acres Principal Industrial and most of the remaining 0.92 acre Core. Principal Industrial delineates areas for existing and planned regional employment centers distributed throughout the county, convenient to major residential areas and suitable highway access. In addition to advocating employment centers, industrial parks and conventional warehousing and wholesaling uses, Principal Industrial calls for the siting of small industry, custom manufacturing, agriculture and mining and extraction where feasible. The Community Plan framework does not include residential land use types within the Principal Industrial category. General future land use policy recommends high quality architectural features in addition to creative landscape design that is environmentally sensitive and enhances the surrounding community. Greenways policy advocates the incorporation of easements into new residential subdivisions and office and industrial parks. New road building and existing road widening should include serious consideration of green ways and bikeways and their associated benefits and costs. Although located within the same overall vicinity with existing residential, commercial and industrial uses, staff does not agree with the petitioner's assertion that the subject site is transitional in nature. Removing nearly 90 percent of this parcel's commercial or industrial potential does not comply with goals and policies of the Community Plan. 5. STAFF CONCLUSIONS In consideration of the information presented by this report, staff does not support the proposed rezoning. The overriding factors are non-compliance with the Community Plan and the potential for loss of 8.92 acres of commercial/industrial property. 4 If the Planning Commission chooses to give a favorable recommendation to this request, staff suggests the following proffered conditions be established: 1. The project shall be constructed in general compliance with concept plan titled "Williamson Road Subdivision" prepared by Balzer & Associates dated November 23, 2005. 2. A maximum of 51 residential units shall be constructed on the property. 3. Screening and buffering on the property shall be installed per the following: · Type B, Option I or 2, adjoining R-3 zoned property; · Type C, Option 1 or 2, adjoining C-2 zoned property; · Type D, Option 1 or 2, adjoining I-I zoned property. CASE NUMBER: PREP ARED BY: HEARING DATES: . 3 - 1/ 06 Timothy Beard PC: 01103/06 BOS: 01124/06 5 ~ ¿ -lJ2JlJcJ -1...1 U County of Roanoke Community Development Planning & Zoning For Staff Use Onl Date r~ive.d: Re.ce:ive.d by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7]55 Applic<I1Íon fee: Placards is>ue.d: Check type of app]ieation filed (check an that apply) Rezoning 0 Special Use [J Varianc.e 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Appl~cants name/address w/zip E r i ç Ea ne s , Todd Conner-Contract Purchaser 1202 Electric Road, Suite A Phone: Work: Cell #: Fax No.: '1R7-Sgf)f) 387-5811 Phone #: Work: Fax No. #: 7656 Williamson Road Magisterial District Ho 11 CommUDity Planning area.: H Tax Map No.: Existing Zoning: Proposed Zoning: R- 3 Proposed Land Use: Does the parc.el meet the minimum lot area, width. and fi-ontage requirements of the requested district? Yes EX No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes KJ No 0 IF NO, A VARIANCE IS REQUIRED FIRST ]frezoning request, are conditions being proffered with this request? ¿~~~~~t~~~~~~:~:lJtt~G~~;lr(~;T~~~~~.:§ Variar¡celWaiver of Sec:tion(s) of the Roanoke County Zoning Ordinance in ord~r to: AppeaJ of Zoning Aclministrator's decision to Appeal oflntcrpret3.tion of Section(s): of the Roanoke County Zonmg Ordinance AppeaJ of Interpretation of Zoning Map to Is the application complete? Please check ifenclosed. APPUCA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE_ RlSIW/CP V/AA RlSIWICP V/AA § Conrolta.tion ~ g 112" x II" conc~tp!an Applieation fee Application Meres and bounds description Proffm., if applicab!e Justification Waler~ewer ~ppi1~ - Adjoining propaty owners I hereby certify that I am either the owner ofthe. property or ¢é owne.r~t-p . _ ascr and am acting wjth the. knowledge and consent of the owner. . d' ' '1':..- " J' . _ .., .~ Owner's Signature ? b'/ZC#/I-.5 é:=?L. 2 Applicant Erí c Eanes & Tnr1ri r;onner The Planning Commission will stuòy rezoning, sp~ia) use permit waiver or COroml1IÚty plan (15.2-2232) review requests to detennine the need and justificatîoJ1 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. Pleaze explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicahle zoning district classification in the Zoning Ordinance. See #1 attached Please explain how the project conforms to the general gilldelines ElI!d policies contained in the Roanoke County Community Plan_ See #2 attached Please describe the impact(s) oftbe requ~t on the property itself, the adjoining proprnies, !lI)d the surrounding are:!., as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescuc. See #3 attached 3 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 potentiallaDd use or design issues arising from the request. In ruch cases involving rezonings, the applicant may proffer conditi ons to linrit the future use aDd development oftbe property and by so doing, correct any defic:iencíes that may not be manageable by County pernritting regulations. The concept plan should not be confused with tbe site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building pemrit procedures ensme compliance with State and County development regulations and may require changes to tbe initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use peITIÚt or variance, tbe concept plan may be altered to the exteDt permitted by the zoning dis1rict and other regulations. A concept plan is required witb 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 DivisioD staff may exempt some of the items or suggest the addition of ex.tra items, but the following are consjde:red mi.n.imum: ALL APPLICANTS ~ a. Applicant name and name of development ---1- b. Date, scale and nortb arrow X c. -X d. -X. e. -L f. ~ g. All property lines and easements ---X-lL ---X- i. -X. J. Lot size in acres or square feet and dimensions LocatioD. names of ow])ers and Roanoke County tax map Dumbers of adjoinÍDg properties Physical features sucb as grolJDd cover. natural watercourses, floodplain. etc. The zoning and land use of all adjacent properties .All buildings, ex.isting and proposed., and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways WìthiD or adjacent to the development Dimensions and locations of all driveways, parIång spaces and loading spaces Additional information re.quiredfor REZONING and SPECIAL USE PERMiT APPLiCANTS -X. k. -X I. X m. -Å n. ---X o. -X p. 1- q. Ex.isting utilities (water, sewer, storm drains) and contJections at the site My driveways. entTaDceslexits. curb openings aDd 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 a1 the site and how they are addressed If project is to be pbased, p]ease show pbase scheduJe / /- ,;:2;s - ú-.S ~ Date 6 JUSTIFICATION FOR REZONING #1 Please explain how the request furthers the pUIposes ofthe 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 pmpose of the Roanoke County Zoning Ordinance in several ways. This development provides a convenient and attractive development that is in hannony 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-l zoned property and the adjacent commercial and industrial property. #2 Please explain bow 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 TiDker or Read Mountains. This project does not involve the removal or destruction of any historic home sites. Tlús project meets the general policies within the Community Plan. It respects the view sheds of Read and TÍDker 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 locàted 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 normal development impacts on the water/sewer, schools and roads of any residential development. Tills 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. Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONTh'G, SUBDIVISION W AlVER, 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 suggestioDS 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 al10w 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 TRA.FFIC 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 Transportation Engineering Manager or staff .fi-om the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in malcing 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 aU 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 Cùntinuance and the newly scheduled public hearing date. Effective Date: April 19,2005 Date LEGAL DESCRIPTION - forR-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 feetto a point; thence N77°20'E, 436.4 feet to a point; thence S17°35 'E, 584.6 feet to a point; thence N68D55'E, 50.09 feet to a point; thence S17°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. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 28, 2006 ORDINANCE TO REZONE 8.92 ACRES FROM C-2 S, 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 (PART OF TAX MAP NO. 27.11-1-25), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF ERIC EANES & TODD CONNER WHEREAS, the first reading of this ordinance was held on December 20,2005, and the second reading and public hearing were held on March 28, 2006; and, WHEREAS, the Roanoke County Planning Commission held a pubHc hearing on this matter on March 7, 2006; 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 8.92 acres, as described herein, and located at 7656 Williamson Road (Part of Tax Map Number 27.11-1-25) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2 S, General Commercial District with Special Use Permit, to the zoning classification of R-3, Medium Density Multi-Family Residential District. 2. That this action is taken upon the application of Eric Eanes & Todd Conner. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The developer hereby proffers substantial compliance with the master plan titled "Williamson Road Subdivision" prepared by Balzer & Associates dated 11/23/2006 and last revised 3/1/2006. 1 (2) The developer hereby proffers that no more than 51 units will be constructed. 4. That said real estate is more fully described as follows: Beginning at a point on the easterly side of Coopers Lane, 275 feet northerly from the northerly side of U. S. Highway No. 11, thence along the easterly side of Cooper's Lane, N. 20° 50' W. 287.0' to a point, thence N. 20° 00' W. 647.7 feet to a point; thence N. 77° 20' E. 436.4 feet to a point; thence S. 17° 35' E. 584.6 feet to a point; thence N. 68° 55' E. 50.09 ' to a point; thence S. 17° 35' E. 288.64 feet, more or less; thence S. 69° 00' W. 442.79 feet, more or less, to the point of beginning and containing 8.92 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. 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'~'-::"'~s..,,~~~~'~'";''I.::.;;Io.~\:'_~''''-:'''''':''' II :"; ~ ~ ~~h':}:~~~~~~~~:~;~:~~~:~~ . ~- ~.~ ~~"f~.~_i~~ ~'..",~,-:~...~~..~:::,~". ~~~ ,~.. ~\~~~~~~~~i~~¡ '1IIWIHIii~~ ~~ ,-~t~~~¡f:~~t~~~;S1'~m1~:E_ ~ 5-~ PETITIONER: CASE NUMBER: WG Indian Trail, LLC, Warehouses, Inc. 6-3/2006 Planning Commission Hearing Date: March 7,2006 Board of Supervisors Hearing Date: March 28, 2006 A. REQUEST The petition of WG Indian Trail, LLC, Warehouses, Inc. to obtain a special use permit on 15.63 acres for the operation of a drive-thru coffee shop, located at Route 419 near its intersection with Keagy Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS Several surrounding neighbors spoke in opposition of the request. Their concerns involved inadequate parking and stacking spaces, and increased traffic on Keagy Road. C. SUMMARY OF COMMISSION DISCUSSION Mr. Murphy presented the staff report. Ms. Mary Ellen Goodlatte, Esquire, represented the petitioner. Ms. Hooker asked staff about adequate parking. Mr. McNeil commented that the site plan would need to be reviewed by staff before building permits were issued. Mr. Thomason asked about the number of fanes proposed on Keagy Road once the site was developed. D. CONDITION(S) 1. The development will be constructed in substantial conformìty with the "Keagy Village Preliminary Site Development Plan", prepared by Gay and Neel, Inc. and dated January 17, 2006. E. COMMISSION ACTION(S) The Planning Commission votes to make a positive recommendation to the Board of Supervisors. 4-1 vote. F. DISSENTING PERSPECTIVE Mr. Azar indicated that he felt like the neighbors were promised one thing with the rezoning and another was delivered with this proposal. G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission STAFF REPORT Petitioner: WG Indian Trail, LLC Request: To obtain a Special Use Permit for a drive-in coffee shop Location: Route 419 near its intersection with Keagy Road Magisterial District: Windsor Hills Suggested Conditions: 1. The development will be constructed in substantial conformity with the "Keagy Village Preliminary Site Development Plan", prepared by Gay and Neel, Inc. and dated January 17, 2006. EXECUTIVE SUMMARY: The petitioner is requesting a Special Use Permit to construct a drive-in coffee shop (Starbucks) at Keagy Village. The property was rezoned in June 2004 to C-2, General CommerciaJ for the development of an office and retail center. The petitioner's request is in general comformity to the Transition land use designation. 1. APPLICABLE REGULATIONS Site development review win be required. Traffic Impact Analysis will need to be re-evafuated to determine overall impacts. Commercial entrance permit will be required. Proffered conditions of Ordinance 062204-10 adopted by the Board of Supervisors on June 22, 2004 and attached. 2. ANALYSIS OF EXISTING CONDITIONS Background - The property was rezoned in June 2004 from C-1, Office Commercial and R-1, Single-Family Residential to C-2, General Commercial. TopoqraphvNeqetat¡on - The property slopes down and to the northwest from Keagy Road. A small water course runs through the middle of the properties, and drops into a deep ravine as it reaches the northwest property line. The channel conveys runoff from Keagy Road and the Allstate property. The topography of the site also slopes down to the north, near the intersection of Rt. 419 and Keagy Road. Vegetation consists of open residential yard areas, surrounded by mixed deciduous and evergreen trees. The wooded areas appear to be of various ages, with some mature stands, and some younger trees. Surroundinq Neiqhborhood - Property to the south, across Keagy Road is zoned C-1 and contains the Allstate office building and parking lots. Properties to the southwest and west are zoned R1, and contain single family residences on .75 - 1-acre lots. A 19+ acre tract adjoins to the west, and is zoned R-1, with a single family residence. A vacant 15 acre tract adjoining to the northwest is zoned R-2. A vacant 13.8 acre tract adjoining to the north is zoned C-1 Conditional. The conditional C-1 zoning is the result of a 1983 rezoning for an office building that has not been constructed to date. Properties across Rt. 419, in the City of Roanoke are zoned RS-1 and C-1, and contain vacant parcels, Showtimer's Theatre, and a medical office. The RS-1 and C-1 districts are similar to the County's R-1 and C-1 districts, respectively. 3. ANALYSIS OF PROPOSED DEVELOPMENT In June 2004, this property was rezoned to allow the development of Keagy Village - an office and retail shopping center. While the rezoning action did not allow a drive-in restaurant the rezoning and the proffered conditions (specifically proffer # 11) anticipated the establishment of a specialty food restaurant with a drive-in window at some future time. The petitioner has been in discussions with Starbucks Restaurant about locating a restaurant with drive-in at Keagy Village. The location of the restaurant would be just north of the intersection of Keagy Road and Route 419. The concept plan depicts a 1,750 square foot restaurant that is attached to the east side of a 9,567 square foot building. Based on the concept plan there appears to be adequate space for the drive- in, traffic circulation around the building and parking. Traffic would circulate through the drive-in and around the building in a counter-clockwise direction. The June 2004 proffered conditions require that a drive-in window that faces the street (as this one does) must be "completely screened". Petitioner proposes to achieve this screening through a combination of walls, fences, landscaping and berms. The June 2004 proffered concept plan shows three access points to Keagy Village - two from Keagy Road and one entrance only from Route 419. Traffic accessing the proposed Starbucks could enter the site from any of these 3 access points and exit at two points along Keagy Road. The June 2004 Traffic Impact Ana!ysis did not specifically study a drive-in restaurant. As a result of this request, petitioner has reviewed the traffic impacts associated with the addition of a Starbucks restaurant with drive-in. They have concluded that the AM peak hour traffic would increase from 527 trips to 687 trips while the PM peak hour would decrease from 700 trips to 683 trips. Mr. Anthony Ford, County Transportation Engineering Manager, has stated that the June 2004 recommendations for left and right turn lanes were based on the AM peak hour trips. Consequently, he is recommending that the petitioner reanalyze the need for these turn lanes based on the revised AM peak hour trips. The petitioner has concurred that the traffic impact study must be revised prior to getting final approval from VDOT of the geometric improvements to Keagy Road. 4. COMMUNITY MEETING A community meeting was held on February 15, 2006 to discuss this proposed rezoning. Approximately 17 citizens attended and expressed the following concerns: 1. Appearance of screening for drive-in 2. Traffic, parking and school bus safety 3. Amount of fill required 4. Stormwater run-off 5. Questions about other tenants in the shopping center 6. Appearance of drive-in and concept of "life-style center" 7. Lighting - glare from headlights and from parking lot light poles 8. Disruption to Keagy Road during construction 2 5. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is designated Transition in the 2005 Community Plan. This designation encourages the orderly development of highway frontage parcels with office, ínstitutionaJ and small-scale, coordinated retail uses. This petitioner's request conforms to this land use designation. 6. STAFF CONCLUSIONS Staff recommends approval of this Special Use request. The site is adequate to accommodate the drive-in and aU conditions from the June 2004 rezoning can be met. DATE: March 1, 2006 CASE NUMBER: 6-3/2006 HEARING DATE: March 7, 2006 PREPARED BY: Janet Scheid 3 f~ - DlQOJCS1 County of Roanoke Community Development Planning & Zoning For Staff Use Onl 5204 Bernard Drive POBox 29800 Roanoke. VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Recei ved by: J::yJ ~e Numkr ALL APPLICANTS .. " .. .". - ':' ' ,,~. ' . .' . Check type of application filed (check aU that apply) o Rezoning KJ Special Use []Variance []Waiver []Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address whip WG Indian Trail, LLC Warehouses, Inc. e 0 Kahn Develo ment Com P.O. Box 1608 Columbia, SC 29202 Phone: Wark: Cel] #: FaX No.: .DYflWr's J;lame/iiddre,'>iw/l;.i~ ~ \1.K; 100 lan It al , LLL Warehouses, Inc. e/o Kahn Development Company Property Location Four parcels located along Route 419 / Keagy Road Tax Map No.: 67.18-02-01; 67.18-02-02; . P.O. Box 1608 Columbia, SC 29202 Phone #: Work: Fax No. #: Magisterial District: Windsor Hills Community Planning area: Windsor Hills Existing Zoning: C2C Size ofparcel(s): Acres: 15.63 aeres Existing Land Use: Vacant and commercial . \ ..... ... - '.... . '..' I¢tQ!i1:NG, SPECIAL, us$ P~-R¥lt,J¥AIVE¡j AND C(j¥f'þ'1.Alifjs2~2if2) Rß.~VIEW APj>iICANT~JR;,S/Wf.t..P) . . -.. '. '. . Proposed Zoning: C2C Proposed Land Use: Mixed use c.enter (retail/office) oe·s the parcel meet the minimum lot area, width, and frontage requirements ofthe requested district? Yes No IF NO, A VARIANCE IS REQUIRED F~ Does the parcel meet the minimum criteria for the requested Use Type~ ND IF NO, A V ARlANCE IS REQUIRED FIRST . Ifrezoning request, are conditions being proff~ed with this reque5!? Yes No . . ~ , . , V~, CE. ' w,AiVE.R ANp4Þl'{¡Nl.S;t:RA.". fin APPEAL 4Ft'tÌ_tAlYfS W/fPM) . ._. - ., . - ... 0., . .,.. ., . " __,.:.' "'_ ,'. .. YariancelWaiver 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 M2p to Is the application complete? Plea5e check jf enclosed. APPLJ CA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RJSIW 1r::P VI AA rn ConsultatioD Applic2tion Justification I h=by certify that I am eith~ the owner of the pr ofzhe owner. R/SfWlCP V/AA RlSfWlCP VIM 8 112" x. II" conc!1't plan ~ Application fee Metes and bounds desmption Proffers, if <Jpp!jca~le Water and sewer a . alion Adjoining property oWTIers Dr the own!:' agent i contri'lclpurchas=r and am acting Wit}¡ t}¡e kDowled ge and consent Il>.- Owner's Signature WG Indian Trail, U,C / Warehouses, Inc. By: Robert M, Temple 2 JUSTIFICA nON FOR REZONiNG, SPECIAL USE PERMTT WAIVER OR COMP PLAN (15.2-2231) REVIEW REQUESTS Applicant Kahn Developnent lDrnpany (WG InrH;m Tn~i 1, 11 r. / íJArp"hnllC::p~, Tnr.) The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) re:view requests to determine the n~d and justificabon for the change in terms of public health, safety, and general welfare. Please answer the fo11ewing questions as thoroughly as possible. Use additional space if necessary. Please explain hew the request furthers the purposes of the Roanoke: County Ordinance: as well as the purpose: found at the beginniug of the applicable zoning district classification in the: Zoning Ordinance. In June 2004, the subject property was rezoned to pennit the development of Keagy Víllage. The rezoning and the proffers associated with that rezoning anticipated that an establishment primarily serving speciality food might seek a special use pernri t to allow drive-tool service. Starbucks Restaurant seeks to locate a restaurant with a drive-thnl facility within Keagy Village. This request is consistent with the C2C zoníng ordinance and the materials previously Sllbmi tted. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The planned Starbucks restaurant, with a drive-thru facility, would be part of Keagy Villa~e, already conditionally zoned for develop:nent as a mixed use (retail/office) center and consistent with the CouIIty's corrrntmity plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire: and rescue:. No negative impacts are anticipated as a result of the special llse permit. The infrastructure associated with this develoµnent is part of the overall infrastructure associated with Keagy Village. 3 I CONCEPT PLAN ~HECKLIST A concept plan of the proposed project must be. submitted with the application. Tne concept plan shall grapnically 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 sucn cases invo!ving rezonings, the applicant may proffer conditjons to limit the future use and development oflne property and by so doing, correct any deficiencies tnat may not be manageable by County permitting regulations. The concept plan sbould not be. confused witb the site plan or plot plan that is required prior to tne;: issuance ofa building permit Sile plan and building pennit procedures ensure compliance with State and County development regulations and may require cnanges to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning Dr imposed on a special use pennit or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations. A concept plan is required witn al] rezoning, special use pennit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The leve] of detail may vary, depending on the nature ofthe request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owner:; and Roanoke County tax map numbers of adjoining properties e. Physica] 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. AJI buildings, existing and proposed, and dimensions, floor area and heights I. Location, widtns and names of all existing or platted streets or otner public ways within Dr adjacent to the development J. Dimensions and locations of aU driveways, parking spaces and loading spaces Addilional infonrwlion required/or REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site J. 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 adj ac ent fire nydrants p. Any proffered conditions at tne site and now they are addressed q. Ifproject is to be phased, please show p!Jase schedule Signatrne of applicant 01/20/06 Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDTVISION 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 andJor 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 II11I.y be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rez.oning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginja Department of Transportation requests further traffic analyses andJor a traffic impact study that would be beneficial in making a land use decision (Note: a list oj potential land uses and situations that would necessitate Jurther study is provided as part oj this application package). This continuance shaH allow sufficient time for all necessaI)' reviewing parties to evaluate the required traffic analyses andJor 'traffic impact study and to provide written comments andJor suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant wilJ be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19,2005 WG Indian Trail, llC Warehouses, Ine. Name of Pell"oh Q / n Petitioner's Signature Ht:l.1!j;/ H~ 01/20/06 Date i Description of9.8471 Acre Parcel (Tax Parce167J8-2~1) " BEGINNmG at a concrete right of way monument at the intersection of the westerly right of way of Electric Road (Va. Route 419) and the nbliherly right of way of Keagy Road (V A Sec. Route 685); thence leaving Electric Road and with the northerly right of way of Keagy Road, S. 20°49'15" W., 79.64 feet to a concrete right óf way monument; thence continuing with ¡;aid right of way, S. 57°25'43" W., 66.62 feet to a concrete right of way monument; thence continuing with said right of way on a curve to the right whose radius is 954.93 fee4 whose length is 124.12 feet.. and whose chord is S. 61 °36'34" W., 124.03 feet to a concrete right of way monument; thence continuing with said right of way, S. 65°28'00" W., 4.22 feet to a point; thence continuing with said rigbt of way, S. 24°32'00" E.. 19.74 feet to a point; thence continuing with said right of way, S. 63°36'48" W.. 117.26 feet to a point; thence continuing with said right. of way, S. 60°31'4&" W., 302.30 feetto a point; thence leaving the right of way of Keagy Road and with the property of Anrue M. Hall (DB 400, Pg. 142), N. 30"06' 12" W., 226.70 feet to a point; thence continuing with the property of 1\.nnie M. Hall, N. 34°35'12" W., 129.30 feet to a point; thence contin~ing with the property of Annie M. Hal!, N. 45°09'12" W., 269.81 feet to a point, an iron pin found bears S. 34°5S'Ol"W., 0.41 feet from the corner; thence leaving the property of Annie M. Hall and with the property of Edward B. Via eWB 48, Pg. 1100), N. 34°55'01" E., 458.49 feet to an iron pin found..; thence continuing with the property of Edw2rd B. Via, S. 54°13'12" E., 433.83 feet to 2I1 iron pill found; thence continuing with the property of Edward B. Via, S. 82°01' 12" E., 272.80 feet to an iron pin found in the wèsterly right of way of EJectric Road; thence leaving the Via property and with the right of way of Electric Road òn a curve to the left whose radius is 1,712.02 feet, whose length is 194.46 feet, 8JJd whose cbord is S. 15"18'01" E., 194.35 feet to the Point of Beginning, containing 9.8471 acres, bemg all of the property conveyed to Otis H. and Mary N. McBride in DB 427, Pg. 267 as recorded in the Office of the. Clerk of the Circuit Court of the County of Roanoke and being as shown on BoundaJY Survey for Kahn Development CompaTIY by Caldwell White Associates dated 18 Nov. 2003. Description of 2.634 Acre Parce1 (Tax Parcel 67.18-2-2) BEGJ.NNTI\fG at an iron pin found at the southeast comer of the property of Annie M. Hall (DB 400, Pg. 142). and being on the line of the property of Jean W. Stultz, Michael B. Wertz, and Heather E. Weliz (DB 1613, Pg. 1509) and the northerly right of way of Keagy Road; Thence leaving the right of way of Keagy Road and with the property of Stultz and Wertz, N. 29° 51'20'1 W., 291.37 feet to a point; The11ce continuing with the Stultz and Wertz property N. 45" 09' 25" W., 228.39 feet to a point, an iron pin found bears N. 39D 48' 35" W., 1.94 feet from the corner; Thence leaving the Stultz and Wertz property and with the property of Edward B. Via (WB 48, Pg. 11 00) N. 34° 55' 0 I" E., passing an iron pin found at 200.53 fee4 for a total distance of 200.94 feet to a point; Thence leaving the Via property and with the property of Herbert D. McBride (WE 57, ,.. Pg. 18) S- 45° 09' 12" E., 269.81 f~et to a point; Thence continuing with the McBride property S. 34° 35' 12" E., 129.30 feet to a point; Thence continuing with the McBride property S. 30° 06' 12" E., 226.70 feet to a point in tþ.~ northerly right of way of Keagy Road; Thence leaving the McBride property and with the right of way of Keagy Road, S. 65° 19' 09" W., 205.17 feet to the Point of Beginning, containing 2.634 acres, and being all of the property conveyed to Annie M. Hall in DB 400, Pg. 142 recorded in the Office of the Clerk of the Circuit Court of the C011Dty of Roanoke, Virginia, and being shown on Boundary Survey for Country East LLC. dated 18 November 2003 by Caldwell \Vb.ite Associates. Description of 1.116 Acre Pared (Tax Parcel 67.18-2-3) ". Starting at a point in Keagy Road, said pOllt being the southwest corner of Parcel I of the property conveyed to Jean W. Stultz, :Michàel B. Wertz, and Hèathèt E. WertZ (DB 1613, Pg 1509), Thence leaving Keagy Road and with the property of Earle C. and Marcelene Atkins (DB 806 Pg. 579) and Quit Claim DB 892 Pg. 242), S. 28° 39' 25" E. 295.16 feet to a point, the TRUE pornT OF BEGINNING, an u-on pin fOUIld bears N. 76° 41' II'" E. 0.90 feet from th.e corner, Thence with thè property of Atkins and Curtis D. & EtheJ V. Peters (DB 844 Pg. 61), N. 60° 36' 39" W., passing and iron pin found at 56.70, for a total of 100.92 feet to an iron pin found; Thence leaving the Peters property and with the property of The Mounfield Family Limited Partnership (DB 1553 Pg. 1691) N. 34° 29' 20" E. 60.06 feet to an iron pin found; Thence leaving the Moun.:fi.eld property and with fue property of Edward B. Via (WB 48 Pg. 1100), N. 34° 55'01" E, 257.23 feet to a point, an iron pin found bears N. 39c48'35" W. 1.94 feet :ITom the corner; Thence leaving the Via property and with the property of Annie M. Hall (DB 400 Pg. 142), S. 45°09'25" E. 228.39 feet to a point Thence leaving the Hall propeliy and with the northerly line of Parcel I of the Stultz and Wertz property, S. 59°44'35" W 295.51 feet to the True Point of Beginning, containing 1.1159 acres, being all of Parcel II conveyed to Jean W. Stultz, 1víichael B, Wertz, and Heather E. Wertz in DB 1613 Pg. 1509 as recorded in the Office of the Clerk of the Circuit Court of the County of RoanokB, and being as shown on Boundary Survey for Country East LLC by Caldwel] Vlhite Associates dated 18 November 2003. Description of 2.0516 Acre Parcel (Tax Parcel 67.18-2-4) BEGD'JNTI\!G at a point in Keagy Road, said point being the sou1hwest corner ofPaIce] I of the property conveyed to Jean W. Stultz, Mjchael B. Wertz, and Heather E. Wertz (DB 1613, Pg 1509), Thence leaving Keagy Road and with the property of Earle C. and Marcelene Atkins (DB 806 Pg. 579) and Quit Claim DB 892 Pg. 242), S. 28c 39' 25" E. 295.16 feet to a point, an u-on pin found bears N. 76° 41' II" E. 0.90 feet from the corner; Thence leaving the Atkins property and willi the southerly line of Parc.el II of the property of Jean W. StuJtz, Michael B. Wertz and Heather E. Wertz (DB 1613 Pg. 1509), ( N. 59° 44' 35" E. 295.51 feet to a point; Thence leavmg the aforesaid Parcel II and wÍth the westerly line of the property of Annie M. Hall (DB 400 Pg. 142), S. 290 51' 20" E., passing an iron pin found at 291.37 feet, for a total of 303.48 feet to a point in Keagy Road; Thence with Keagy Road S. 610 20' 35" W. 301.74 feet to the POÍnt of BegiDIÚng, containing 2.0516 acres, being all of Parcel I conveyed to Jean W. Stultz, Michael B. Wertz, and Heather E. Weliz in DB 1613 Pg. 1509 as recorded in the Office of the Clerk of tbe Circuit Court of the County of Roanoke, and being as shown on Boundary Survey for Country East LLC by Caldwell White. Assocíates dated 18 November 2003. / HSMM 8 February 2006 Ms. Janet Scheid County of Roanoke 5204 Bernard Drive, SW Roanoke, VA 240 I 8-0798 Re: Proposed Keagy VìlIage Development Roanoke County HSMM Comm. No. 30095A Dear Ms. Scheid: We have been asked to review the traffic impacts associated with addition of a Starbuck's restaurant with drive through in the proposed Keagy Village development. In conjunction with the revision to a coffee shop with drive-through land use, Kahn Development Company has instructed us to reduce the square footage of restaurant space from 20,000 square feet to 12,000 square feet. This reduction is based on the current plans for facilities in the development. The enclosed hip generation tables, Tables 1 and 2, delineate the detailed land uses and square footages for both the AM and PM peak hours, respectively. The following table summarizes the trips projections associated with each set of land uses: Peak Total Land Uses Hour Number of Trips Land uses included in June 21, AM 526 2004 draft report PM 700 Revised land uses per Kahn AM 687 Development PM 683 As depicted above, the previously submitted draft repoli includes a greater number of trips than that associated with the revised land uses currently proposed by Kahn Development Company. Therefore, the operations associated with these changes should be generally the same or slightly better than those previously projected in the June 21, 2004 draft report. In addition, the geometric improvements previously discussed Ín the June 21, 2004 draft rep0l1 can be expected to be sufficient for the revised trip generation reported here. Hoyes, Seoy, Mottern & Mottern, Inc. ARCHiTeCTS ENGINEERS PLANNERS 1315 Franklin Rood PO Box 13446 Roanoke VA 24034 Tel 540 8573 ) 00 Fax:540 8573180 h"mm@hsmmcam ,^ww hsmm,cam Additionally, if future land use type and size revisions are made, the traffic impact analysis and associated geometric improvements should be revisited. If you have any questions or need additional infonnation, please feel free to give me a call at (540) 857-3326. Sincerely, HSMM ~j{C~~ Anne K.C. Booker, P .E. Project Manager AKCB Enclosures: As noted C: Mr. Anthony Ford, Roanoke County, wi enclosure Mr. Todd Walter, Kahn Development Company, wi enclosure Mr. Bobby Temple, Kahn Development Company, wi enclosure Ms. Maryellen Goodlatte, Glenn, FeldmalID, Darby & Goodlatte, wi enclosure Hayes, Seay, Martern & Mattern, Inc ARCHITECTS ENGINEERS PlANNERS L., ::s o ::r: ~ Cù Cù¡:l., :õ~ ~~ ~ ~ .S a - = .~ - r-l> ~ = .... - -... 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OOV)I""'1'<TV 00 000', Ñ 1.0 1.Ov)1.O~1""'1~ ~"$"$.~"$ [-.v--1""'1 -v 1.0 Ii") V"> [-.~~f:!:-:~ 1""'1__Ñ""'\O O',_~~ ~r-:oo~ N__ 000008 gg~g80_ l{)~ 0:: Ò I.O~ oÖ 0 NV-Ñ-~ o 0', V)I.O_ \DI""'1ÑNÑ -f<1[-.V)1.O ,......., ~ ,.......¡ 'I""""'f....... .Þñ p.. I Ñ 1""'1 0', on p... I o V) 00 on p.. , r--- \D 00 Q) - u "a !i3 "ðJ o¡:r: '-> ... .s .... e t c E Po ~ rn ~ :¡ Q..Q .5 II) Po ¡ßgê' ¡:r: ð 8 s o ¡¡) Q" '¡:: E-t :š o E-t ..... t:: Q) 8 0- o - Q) .... C) "'Ó C) ..t:: +-' '+-t o !3 o ..c: ~ i!:I 0- ¿: p... Q) ;9 ""ó C) Q) u >:: C) s... o ;9 .~ Q) "ó ,3 t:: ·õ u o .... "ó C) .... u C) 0- >:: C) .~ ..s:: u :a ::: 0', - v II) .- :J o ¡:r: '+-t o 3 o ..s:: ~ C) 0- ~ ~ ..... ~ t:: C) '" C) .... 0- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 28, 2006 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A DRIVE-THRU COFFEE SHOP ON 15.63 ACRES LOCATED AT ROUTE 419 NEAR ITS INTERSECTION WITH KEAGY ROAD (TAX MAP NOS. 67 .18~2-1, 2, 3, AND 4) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF WG INDIAN TRAIL, LLC, WAREHOUSES, INC. WHEREAS, WG Indian Trail, LLC, Warehouses, Inc. has filed a petition for a special use permit for the operation of a drive-thru coffee shop to be located on 15.63 acres at the intersection of Route 419 near its intersection with Keagy Road (Tax Map Nos. 67.18-2-1, 2, 3, and 4) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 7, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 28, 2006; the second reading and public hearing on this matter was held on March 28, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to WG Indian Trail, LLC, Warehouses, Inc. for the operation of a drive~thru coffee shop to be located on 15.63 acres at the intersection of Route 419 and Keagy Road in the Windsor Hills Magisterial District is substantially in accord with the adopted 2000 Community Plan, as , amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: 1 (1) The development will be constructed in substantial conformity with the "Keagy Village Preliminary Site Development Plan," prepared by Gary and Neel, Inc. and dated January 17, 2006. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 _........___.....l"'I_....,. ....n4"...III'.,,-...v D"......r /...../......... , PIR.~ .fvfl"lI¡, '''IIOtUI~1II '¡¡'$ anu.;..... ul.,-uIlo0Jlt ø<:,C fUqJ;-:IAµa q:mq.IRJS p;)sodo.1d ~!6~.'A '.(1,,110;:1 ..........,.øtf Lœrd ~u;}wáopit;}a ;}:¡'IS J::reUYW!T;}Jd ;;¡jjF1rT!A ÃffF1;}){ ·O.O¡ : ~, " . '. ~ ::- i N J ~ b ~ !t ~h~" ~ ~~~~¡;; !! ::'NIH"'Yld aNV1 A;"-- ::'HI/]J"':ItnI ,tAL:J .-~, ·)N 'U3'N ON" Á"f) ., ::J 0:: '" >-3; ID ~D -z :5~ w C> z t:' '" " :i' z o ¡:: CI~ c::'" '" 00:: CDw CI :::¡o:: >;0 w :::!~ f L ....1..,.,...-... .~. ~... ij ij <, ''- ,-, ';Z"~~ "l:Þd OI-Z1::f tJDtJe'~\J..,o..itS'\J".......\ 'UPWIlþif'µ 'm 9::¡;: L:D~ 9DO;¡:¡¡;VL ·t)Pf8 ~~=m8J2J.S: ·BMp·9ù-O~-lul~bl\Cw.P\(J9;1\o;-f)I)IMI2~o':n __~...:..r ;:~:=~~,':;1..,.ç.,1 ,"- . IIRltZ _11It!1.!1.&. "õIl)IDII.II"V 'a's ~'''I:¡'I.'' LI'..1'·U·...t'I IIrt '.JJllhl"",nd DHn A.... ONIG:lHt:JItl.1 "JL¡lr.t::l v~, 'JNJ 'U3N aNY AYf " nnfl.-;¡II.ua "Jf:;>nq.re~S p;¡sodDJd ~..~.6..... ".I,u...ø:¡. .",a_.., UETd 1U~UId0F'A~a d1~S ÁreUI'UT!7:;Ud ~JJerr.A Æ3'e~)[ :O'D' . , . . ¡ i : .. to .. :: ~ :; ~ :: . .: ~ ~ -. ~~ ./ / ./ ./. / / ;:;~ if'" ~" !I'~ -~ c :5ü , ,,is .. ¡:;.. .. . :>~ "'.. .. c ~::¡ ~ i ~z ..~ 0 Sò "''' :> ;:í ! ::15 ..; !1- @¡¡; ~~ Œ~ ..0 ! ~~ ~t c i!'_ ~ ¡¡ i!. !:;¡ ~!~I ~~ <C '6~4' g~ t'-.....c :50 .!, ¡:dffi a~ agi~ '5'r -~ ~.ë5ot1~ ,,:. Q~ o ã........ Ji':< z~ ~vzz "z ~ ~'" ~""ð~ ~¡ -" '" 1 -<... ~lD~ C! U>11. g:~ ~"'M w:' """ :5 ~E ."'''' -" . '" .." ~......~ ~:r x u~ ~ "" ~ [" I :> ~~ u ~ ~~ U Œ ;: C " .. ! I!i .... :! Œ ~~ ~ c 1 :. .!. . ----..--.-- ç ~ , , I i II ! I, ! t I , , I ¡ , , i / ,. t' , . ~ ~ i ; : ~ J L ìiKï~.. ~¡¡~~~ , ~ . { ~. -= _~~" ...... I AI......" "...'...._,.U ,""..."..... . ·...'fH....=--11 't.ol!'oJ ~"'"-IH.·.c Dhf1.~I't"".,.f! "1dr.'IUo-'I ~n:uE1C:: ·5""c·qn·nJ',-iVIQcJl,,5.....ø\!}q~l· ...·rM'2JO\:r. Zoning _AGJ _EP ~ _AG1 '1'-.: C1 ~ _C~ _ C2CVOO 11 : 12 ) _ f'C1) PRO _PTD t R1 R% R] R4 - Applicants Name: WG Indian Trail, LLC Existing Zoning: C2C Proposed Zoning: C2C Tax Map Number: 67.18-2-1,2,3,4 Magisterial District: Windsor Hills Area: 15.63 Acres Roanoke County Depar1.ment of Community Development January 25, 2006 ACTION NO. ITEM NO. 5-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: March 28, 2006 AGENDA ITEM: Second reading of an ordinance authorizing the relocation of the following polling places: (1) 107 Bennett Springs Precinct; (2) 204 Botetourt Springs Precinct; and (3) 503 Cave Spring Precinct and request to appropriate funds in the amount of $2,750 SUBMITTED BY: Judy Stokes General Registrar Elmer C. Hodge ~ (1+ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: For a variety of reasons, it has become necessary for Roanoke County to relocate three polling precincts. This ordinance changes the polling places for three precincts: Bennett Springs, Botetourt Springs and Cave Spring. State law provides that no change in election districts, precincts or polling places shall be enacted within 60 days of an election. Notice of any such change shall be published once a week for two successive weeks, and notice shall also be mailed to all registered voters affected by the changes 15 days before the next general, special or primary election. The first reading of this ordinance was March 14, 2006, the second reading and public hearing is scheduled for March 28, 2006. Maps indicating the proposed changes, as well as directions, will be mailed with the notice to all registered voters in the three precincts. The proposed changes are as follows: 1. Mountain Pass Baptist Church has agreed to the use of their new fellowship hall by Roanoke County as a polling location for the Bennett Springs precinct. This new location will better serve Roanoke County with a larger space for setting up the voting equipment, increased lighting, more convenient parking, security for voting equipment and easier accessibility for all voters from Route 311 and to the entrance of the building from the parking lot. The current polling place is the Moose Lodge. 2. Glad Tidings Church, aka Life Church, has agreed to serve as a polling location for the Botetourt Springs precinct. This new location provides increased parking, temperature control for the Election Officials and voters, and more space for setting up the voting equipment. Burlington School is currently being used as a polling location and there was no other practicable public place in the precinct to establish a polling station. 3. Roanoke County was notified by the Secretary of the Cave Spring Lodge prior to the November 8, 2005 election the location can no longer be used for the Cave Spring precinct. The Church of the Holy Spirit has agreed to serve as the new polling station and is within one mile of the precinct boundary. This facility provides increased parking and accessibility. The Board will recall that it adopted an emergency ordinance on October 11, 2005 to temporarily relocate this polling place for the November 8, 2005 election. FISCAL IMPACT: Required legal notice Postage for mailing notice and Cards to voters Printing of notice to voters Total $ 500.00 2,000.00 250.00 $2,750.00 Funds are requested from the Board Contingency Fund. STAFF RECOMMENDATION: It is recommended that the Board favorably approve the following actions: (1) adopt the ordinance after two readings and a public hearing, which has been advertised as required by law; and (2) appropriate $2,750 from the Board Contingency Fund. 2 5-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, MARCH 28, 2006 ORDINANCE AUTHORIZING THE RELOCATION OF THE FOLLOWING POLLING PLACES: (1) 107 BENNETT SPRINGS PRECINCT; (2) 204 BOTETOURT SPRINGS PRECINCT; AND (3) 503 CAVE SPRING PRECINCT WHEREAS, Sections 24.1-306, 24.2~307 and 24.2~31 0 of the 1950 Code of Virginia, as amended, authorize the governing body of each county to establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the citizens of Roanoke County will be better served by the relocation of certain polling places to locations providing more space for voting equipment, increased lighting, more convenient parking, higher security for voting equipment and easier accessibility for all voters; and WHEREAS, the first reading of this ordinance was held on March 14, 2006; and the second reading of this ordinance and public hearing were held on March 28, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the relocation of the following polling places be, and hereby is approved as follows: (1) Bennett Springs polling place (107) to be relocated from the Roanoke Moose Lodge #284,3233 Catawba Valley Drive, Salem, VA 24153 to Mountain Pass Baptist Church, 2975 Catawba Valley Drive, Salem, VA 24153 (2) Botetourt Springs polling place (204) to be relocated from the Hollins Fire Station, 7401 Barrens Road, Roanoke, VA 24019 to Glad Tidings Church aka Life Church, 7422 Deer Branch Road, Roanoke, VA 24019 (3) Cave Spring polling place (503) to be relocated from the Cave Spring Masonic Lodge, 5131 Ranchcrest Drive, Roanoke, VA 24018 to the Church of the Holy Spirit, 6011 Merriman Road, Roanoke, VA 24018 3. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to comply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of the Bennett Springs, Botetourt Springs, and Cave Spring precincts of this change in their polling location. 4. That the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this Ordinance. 5. That this Ordinance shall take effect immediately.