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Home My WebLink About4/25/2006 - Regular Roanoke County Board of Supervisors Agenda April 25, 2006 Good afternoon and welcome to our meeting for April 25, 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: Reverend Tommy London First Baptist Church - Cloverdale 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 visiting students from the Frederick Chopin Regional Music School in Opole, Poland, and presentation of Certificates of Honorary Citizenship. (Elmer Hodge, County Administrator) D. BRIEFINGS E. NEW BUSINESS 1. Request to amend the by-laws of the Length of Service Awards Program (LOSAP) and appoint Rebecca Owens as the Finance Department representative. (John M. Chambliss, Assistant County Administrator) 1 2. Request to adopt resolution of support for a grant application to the Virginia Department of Conservation and Recreation for a Land and Water Conservation Fund Grant to help finance improvements to Whispering Pines Park. (Pete Haislip, Director, Parks, Recreation & Tourism) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits o~ the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone 4.75 acres from R-3C, Medium Density Multi-Family Residential District with conditions, to R3, Medium Density Multi-Family Residential District for the construction of a townhouse- condominium residential development, located on Route 419 near its intersection with Stoneybrook Drive and Bridle Lane, Windsor Hills Magisterial District, upon the petition of Cherney Development Company, Inc. 2. First reading of an ordinance to obtain a Special Use Permit for the operation of a religious assembly, located at 6430 Kelley Street, Catawba Magisterial District, upon the petition of Bethel Assembly of God. 3. First reading of an ordinance to rezone 4.8 acres from C-2C, General Commercial District with conditions, to C2, General Commercial District and obtain a special use permit for the operation of a religious assembly, located at 7342 Plantation Road, Hollins Magisterial District, upon the petition of Beacon Baptist Church. 4. First reading of an ordinance to rezone .241 acres from R-1, Low Density Residential District to C-2 General Commercial District, and to rezone .44 acres from C-2C, General Commercial District with conditions to C2, General Commercial District for the construction of a parking lot, located at 3604 Brambleton Avenue, Cave Spring Magisterial District, upon the petition of Lawrence A. Goldstein. G. FIRST READING OF ORDINANCES 1. Ordinance authorizing and approving execution of a renewal lease agreement with Cisco Systems, Inc., for office space in the Salem Bank & Trust Building at 200 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County, Virginia. (Joe Obenshain, Senior Assistant County Attorney) H. SECOND READING OF ORDINANCES 2 I. APPOINTMENTS 1. Blue Ridge Behavioral Healthcare Board of Directors 2. Length of Service Awards Program (LOSAP) for Fire and Rescue 3. Total Action Against Poverty (TAP) Board of Directors 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 - April 11, 2006 2. Ratification and confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors and the Length of Service Awards Program (LOSAP) for Fire and Rescue 3. Request to adopt resolution amending and readopting guidelines for the implementation of the Public-Private Education Facilities and Infrastructure Act of 2002 4. Request from the schools to accept and appropriate funds totaling $20,000 for grant funds and contributions 5. Request from the Police Department to accept and appropriate funds in the amount of $4,500 from two Division of Motor Vehicle mini-grants 6. Request from the Information Technology Department to receive and appropriate reimbursement in the amount of $6,657.60 for time/resources committed as part of the 800MHz Rebanding project K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Debt Payment Reserve 5. Accounts Paid - March 2006 6. Statement of expenditures and estimated and actual revenues for the month ended March 31, 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 February 2006 10. Report of claims activity for the self-insurance program for the period ended March 31, 2006 11. Proclamations signed by the Board and Chairman (a) Declaring April 19, 2006, as J.J. Redick Day (b) Declaring April 28, 2006, as National Arbor Day (c) Declaring April 30 through May 6, 2006, as Municipal/County Clerks Week O. CLOSED MEETING P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss fiscal year 2006-2007 budget development. (Elmer C. Hodge, County Administrator; Brent Robertson, Director of Management and Budget) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 4 S. PUBLIC HEARINGS 1. Presentation of and public hearing for the proposed budget for fiscal year 2006-2007 and the fiscal year 2007-2011 Capital Improvements Program. (Elmer C. Hodge, County Administrator; Brent Robertson, Director of Management and Budget) T. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Withdrawn at the reauest of the petitioner. Second reading of an ordinance to rezone 1.3014 acres from C-1, Office District, and .0786 acres from C2C, General Commercial District with conditions, to C-2C, General Commercial District with conditions, and to obtain a special use permit for the construction of a fast food restaurant with drive-thru located at 3814 Challenger Avenue, Hollins Magisterial District, upon the petition of Grant Avenue Development, Inc. (Janet Scheid, Chief Planner) 2. 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) 3. Second reading of an ordinance to rezone 94.229 acres from AG-3, Agricultural Preserve District, to PRO, Planned Residential District, to construct a planned residential community located at 3672 Sterling Road and the 3800 block of Sterling Road, Vinton Magisterial District, upon the petition of Loblolly Mill, LLC. (Janet Scheid, Chief Planner) 4. Second 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. (Janet Scheid, Chief Planner) 5. Second 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 Challenger Avenue, Hollins Magisterial District, upon the petition of Sonic Restaurants, Inc. (Janet Scheid, Chief Planner) 6. Second 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. (Janet Scheid, Chief Planner) 7. Second reading of an ordinance authorizing the vacation of two 50' roads located between Lots 1 0 and 11 and Lots 17 and 18 on the north side of Buck Mountain Road and shown on the plat of Thomas H. Beasley subdivision, Cave Spring Magisterial District. (Paul Mahoney, County Attorney) 5 8. Second reading of an ordinance to vacate, quit-claim and release a fifteen foot width drainage easement dedicated by the Deed of Easement recorded in Plat Book 10, Page 112, formerly dedicated by Lynn Brae Farms, Inc., and to accept dedication of a new fifteen foot width drainage easement, said easement crossing the same property currently owned by Cox Cable Roanoke, Inc., Cave Spring Magisterial District. (Paul Mahoney, County Attorney) U. CITIZENS' COMMENTS AND COMMUNICATIONS v. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph P. McNamara 2. Joseph B. "Butch" Church 3. Michael W. Altizer 4. Richard Flora 5. Michael A. Wray W. ADJOURNMENT 6 ACTION NO. ITEM NO. c. - ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY1 VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Recognition of visiting students from the Frederick Chopin Regional Music School in Opole, Poland, and presentation of Certificates of Honorary Citizenship. (Elmer Hodge, County Administrator) SUBMITTED BY: Elmer Hodge County Administrator SUMMARY OF INFORMATION: We are pleased to recognize a student delegation from the Frederick Chopin Regional Music School of Opole, Poland, that is visiting Roanoke County from April 20 - May 9, 2006. The delegation is visiting as a part of the Sister City Program. The students are Mateusz Rozek1 Oliwia Grabowska, and Piotr Kosarga. Anna Rozek is the chaperone accompanying the delegation. Dr. Kris Slowikowski of Roanoke, the main organizer of the program, will be here to introduce the students. The students will give several musical performances during their visit, here in the Valley and in Washington, DC. The students will also be performing for and visiting Roanoke County's High School music programs. In addition to performing, the students will have the opportunity to tour the capital and local area attractions and make American friends. Roanoke County is co-sponsor for the delegation's concert on Sunday, April 30, at 3 p.m. in Roanoke College's Olin Hall, followed by an informal reception. We encourage Board Members to attend the April 30 concert if you wish. The students will be introduced at the afternoon session. ~ ACTION NO. ITEM NO. E-- J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request to amend the by-laws of the Length of Service Awards Program (LOSAP) and appoint Rebecca Owens as the Finance Department representative SUBMITTED BY: John M. Chambliss, Jr. Assistant County Administrator APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR1S COMMENTS: Recommend approval of the changes to the by-laws and the appointment of Rebecca Owens as the representative from the Finance Department. The new program will be brought back to the Board of Supervisors for approval in a few weeks. SUMMARY OF INFORMATION: The Length of Service Awards Program (LOSAP) was started in 1989 to provide a retirement type benefit to Public Safety volunteers as a means of promoting recruitment and retention of the volunteers. The program is managed by the Roanoke County Public Safety Volunteer Benefits Board of Trustees (LOSAP Board of Trustees) which has been comprised of the Chairperson of the Fire Chiefs Boardl the Chairperson of the Rescue Chiefs Board, the Roanoke County Risk Manager, a volunteer fire representative, a volunteer rescue representative, and two volunteer representatives at large. Article II Section 9, of the by-laws indicated that Board Members serve a four-year term with no more than two consecutive terms. During the budget deliberations with the Board of Supervisors, the LOSAP Board of Trustees advised that the annual contribution of $200,000 allocated to the LOSAP program was insufficient to cover the program and suggested that the LOSAP program as a retirement program be capped as of December 31,2005, and that a new benefit program be established beginning 2006. Also, there are four members of the Board of Trustees whose terms expired on January 1 , 2006, but continue to serve until their replacements have been appointed by the Board of Supervisors. These four members include Leon Martin, Volunteer Member at Large; Mike Gee, Volunteer Fire; Craig Sheets, Volunteer Rescue Squad; and Brian Garber, Volunteer Member at Large. Leon Martin and Mike Gee are completing their second four-year term and would normally not be eligible for re-appointment. Due to the capping of the retirement program and the establishment of the new program, it is respectfully requested that the by-laws for the LOSAP program be revised so that the two consecutive term limit be eliminated so that there will be a smooth transition between the two programs. It is further recommended that a member of the Roanoke County Finance Department (Rebecca Owens) be appointed as a member of the Board of Trustees to assist in managing the financial aspects of the program. The attached copy of the constitution and by-laws incorporates the following changes for approval by the Board of Supervisors: Article II, Section 1 Adds the phrase "a member of Roanoke County Finance Department" which will allow this person to sit on the Board of Trustees. Article II, Section 9 Removes the phrase "with no more than two consecutive terms." This change will allow the re-appointment of the members who have served two terms already and will allow them to assist in transitioning from the LOSAP retirement program and to establish the new reward program. Any appointment to the LOSAP Board of Trustees will continue to come to the Board of Supervisors for approval, but will not carry the two-term limit. Article II, Section 10 Adds the phrase "the member of the Roanoke County Finance Department" to the list of the members previously exempted from term limits because their appointment is based on other status such as Chief of the Fire Chiefs Board, etc. These changes have been endorsed by the Volunteer Fire Chiefs Board, Volunteer Rescue Chiefs Board, and the LOSAP Board of Trustees. This action of revising the By- laws is desired to allow the appointment of the nominees for the LOSAP Board of Trustees listed on the agenda of the Board of Supervisors today. FISCAL IMPACT: This change to the by-laws does not constitute a fiscal impact. The contribution to the LOSAP program is included in the budget. The new program will be defined and returned to the Board of Supervisors for approval and fund ing in the budget. 2 STAFF RECOMMENDATION: Staff recommends approval of the changes to the LOSAP by-laws so that the appointments may be made to the LOSAP Board of Trustees. In addition, staff recommends that Rebecca Owens be appointed as the representative from the Finance Department. Once the new program is designed, it will be returned to the Board of Supervisors for approval and funding. 3 teml ~~~::;'t-~~~ ACTION NO. ITEM NO. ~-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request to adopt resolution of support for a grant application to the Virginia Department of Conservation and Recreation for a Land and Water Conservation Fund Grant to help finance improvements to Whispering Pines Park SUBMITTED BY: Pete Haislip, Director Parks, Recreation, and Tourism APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: p~ ~ucJ @ SUMMARY OF INFORMATION: The Virginia Department of Conservation and Recreation has announced the availability of grant funds from the Land and Water Conservation Fund, a federal grant program administered by their department. These funds can be used for a variety of park improvements including new construction and/or renovation of sports fields1 restrooms, trails, parking areas, and picnic shelters etc. Parks and Recreation would like to apply for grant funding to allow us to expand planned improvements at Whispering Pines Park in the Catawba Magisterial District. Currently plans are underway to replace the existing playground, make A.D.A. improvements, add additional trails, and improve landscaping and parking. We would also like to add a water and sewer system so bathrooms can be provided. It is estimated that we would need up to an additional $100,000 to make the improvements identified above. Part of the application process requires a resolution of support from the local jurisdiction that includes an assurance that required matching funds are available from the local jurisdiction; that the land, Whispering Pines Park, will be set aside and operated and maintained for parks and recreation purposes in perpetuity; and that Roanoke County wilt follow all general provisions of the Land and Water Conservation Fund Act as well as Virginia Outdoors Fund Fiscal Procedures in the administration of this project. Adopting -~ the attached resolution satisfies all these requirements. FISCAL IMPACT: Roanoke County's share of the required matchr up to $100,000, is available in the Parks and Recreation Capital Maintenance budget and through in-kind construction services that will be provided by parks and recreation staff. ALTERNATIVES: Alternative 1: Adopt the attached resolution of support for a grant application to the Virginia Department of Conservation and Recreation for a Land and Water Conservation Fund Grant to help finance improvements to Whispering Pines Park. Alternative 2: Do not adopt the attached resolution resulting in scaling back of the project. STAFF RECOMMENDATION: Staff recommends Alternative 1, to adopt the attached resolution of support for a grant application to the Virginia Department of Conservation and Recreation for a Land and Water Conservation Fund Grant to help finance improvements to Whispering Pines Park. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINSTRATION CENTER ON TUESDAY, APRIL 25,2006 RESOLUTION OF SUPPORT FOR A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION FOR PARK IMPROVEMENTS AT WHISPERING PINES PARK (CATAWBA MAGISTERIAL DISTRICT) WHEREAS, the Department of Conservation and Recreation (DCR), provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within Roanoke County to develop park land; and WHEREAS, this area is deemed a development priority by the Roanoke County Board of Supervisors and shall be referred to as Whispering Pines Park; and WHEREAS, in order to obtain funding assistance from DCR, it is necessary that the Roanoke County Board of Supervisors guarantee that a proportionate share of the cost thereof is available. NOW, THEREFORE, BE IT RESOLVED BY THE Roanoke County Board of Supervisors that County Administrator is hereby authorized to cause such information or materials as may be necessary to be provided to the Department of Conservation and Recreation (DCR) and to enter into such agreements as may be necessary to permit the formulation, approval and funding of the Whispering Pines Park Project. AND BE IT FURTHER RESOLVED, the Roanoke County Board of Supervisors give its assurances that the funds needed as the proportionate share of the cost of the approved program will be provided, up to $100,000. AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors gives assurances that the General Provisions of the Land and Water Conservation Fund Act (L&WCF) and the Virginia Outdoor Fund Fiscal Procedures will be complied with in the administration of this project~ AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors will operate and maintain the public recreation facility in good condition and will provide permanent project acknowledgement signs of the participating funding agencies and that this signage will clearly state that the said facility is a "public" recreational facility. AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors shall dedicate the metes and bounds of the Whispering Pines Park M properties, in perpetuity, for public outdoor recreational purposes in accordance with the Land and Water Conservation Fund (L&WCF) Act. AND BE IT FURTHER RESOLVED, that the Roanoke County Board of Supervisors gives its assurance that all other applicable federal and state regulations governing such expenditure of funds will be complied with in the administration, development, and subsequent operation of Whispering Pines Park. AND BE IT FURTHER RESOLVED, that the Department of Conservation and Recreation is respectfully requested to assist in approval and funding of the Whispering Pines Park Project in order to enhance the standard of public recreational enjoyment for all our citizenry. ACTION NO. ITEM NO. t=" \ - LJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Janet Scheid Chief Planner APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~n-v~ ~~i\ ~ BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for Mav 23. 2006. The titles of these ordinances are as follows: 1. The petition of Cherney Development CompanY1 Inc. to rezone 4~75 acres from R-3C1 Medium Density Multi-Family Residential District with conditions, to R3, Medium Density Multi-Family Residential District for the construction of a townhouse-condominium residential development, located on Route 419 near its intersection with Stoneybrook Drive and Bridle Lane, Windsor Hills Magisterial District. 2. The petition of Bethel Assembly of God to obtain a Special Use Permit for the operation of a religious assembly, located at 6430 Kelley Street, Catawba Magisterial District. 1 , .. 3. The petition of Beacon Baptist Church to rezone 4.8 acres from C-2C, General Commercial District with conditions, to C2, General Commercial District and obtain a special use permit for the operation of a religious assembly, located at 7342 Plantation Road, Hollins Magisterial District. 4. The petition of Lawrence A. Goldstein to rezone .241 acres from R-1, Low Density Residential District to C-2 General Commercial District, and to rezone .44 acres from C- 2C, General Commercial District with conditions to C2, General Commercial District for the construction of a parking lot, located at 3604 Brambleton Avenue, Cave Spring Magisterial District. Maps are attached. More detailed information is available in the Clerk1s 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 Mav 23, 2006. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1-4, 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 PL-- 01900 LQ ~~\ \ County of Roanoke Community Development Planning & Zoning For Staff Use Onl f-\ Date received: Received by: 5204 Bernard Drive POBox 29800 Roanoke) VA 24018-0798 (540) 772-2068 F.AJC (540) 776-7155 Case Number A~J., AP;P~l;C4NtS ~ .. . - Check type of appJication filed (check all that apply) lXRezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal o Comp Plan (15.2-2232) Review 006. 06-Z3dO~ ""5~ II ~ {, -z:.. ~ 00 ~ :5 (0 -;;~ ?~O ~ ~plicants name/address w/zip Phone: l11erney Developnent Company, Inc. Work~ ell 0 Blt~e Ridge CCAllpanies, Inc. Cell #: 2401 P~ny Rd., Ste 107, High Point NC 27265 Fax No.: Owner's name/address w/zip Virginia Tech FOlmd~~f?P#: Inc. Peery Investments, lie 2000 Kraft Drive Work: P. o. Box 21592 St1i te 1209 Fax No. #: Roanoke VA 24018 Blackbtrr , VA 24060 Property Location Route 419 near intersection of Stoneybrook Drive and Bridle Lane, S.W. Tax Map No.: 076.11-03-76.00 Magisterial District: Windsor Hills Community Planning area: Wi nd.s 0 r Hi 11 s Existing Zoning: R3C Size of parcel(s): Ac~es: 4 ~ 75 acres Existing Land Use: Res id erl tial / V aean t . im~q~i;yij'1~!f€.qf1:i ll!!fP~:rWl!; W#!;~~~~P.'€9MP 'fL.AJ'! (l?:l-~2~f};J~k);PF# .1ffqCANt~~~~iXijgP) Proposed Zoning: R3C (amending proffered conditions) Proposed Land Use: townhome/condo residen tial development Does the parcel meet the minimum lot area, width. and frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the p~cel meet the minimum criteria for the requested Use Typ~ No IF NO. A V ARlANCE IS REQUIRED FffiST If rezoning request. are conditions being proffered with this request? Yes No ..;~l.~t;:~41ji~~1N~-1k4i.~ti~~f<~~~i~i..APp:zj~1lt$,[~r&}~~1tr...;... ..... Variance/Waiver of Section(s) . of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Istbe application complete? Please cbeck ifenclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RfSrwlCP V/AA ~ Consultation Application Justification 1 hereby certify that I am either of the O"WIler. R1SIWICP V/AA Application fee Proffers, if applicable Adjoining property owners r and am acting with the knowledge and consent 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQ,UESTS Applicant Cherney Development Company ~ roc. The Planning Commission 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, safetYi and genera) welfare. Please answer the following questions as thoroughly as possible. Use additional space ifnecessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The proposed llse continlles to be residential. The proposed llse (residential, townhome arid condominillms) already conforms to the underlying zoning district except for the two conditions imposed by the 1982 rezoning a The applicant seeks to remove those conditions. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The 1982 rezoning approved the constnlction of a tovmhollse complex. The applicant proposes a mixtllre of townhome and condominillms for the property, all of which are in conformi ty with the general gu.idelines and -po licies con tained in the ColJn ty 's Communi ty Plarl. 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 waterlsewert roadst schools, parks/recreation and fire and rescue. No adverse impacts are anticipated. 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 shan address any potential land use or design issues arising from the request. In such cases involving rezonings. the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building 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, walver, 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 consi dered 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, floodp]ain~ etc. f. The zon ing and I and use of a1] adjacent prop erties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights 1. Location~ widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of an driveways~ parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water~ sewer, storm drains) and connections at the site 1. Any driveways. entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased~ please show phase schedule <3 It-! Date 00 6 Virginia Tech Foundation, Inc., a Virginia corporation, owner of a portion of the property subject to this petition, hereby consents to this petition to amend the proffers affecting the property including the imposition of new voluntary proffers by Cherney Development Company, Inc. VIRGINIA TECH FOUNDATION, INC. By:,4~ il2.~ . t.~.. . 1ta~ond D. Smoot, Jr. Chief Operating Officer PeelY Investments, L.,L..C " a Virginia limited liability company, owner of a pOltion of the propelty subj ect to this petition, hereby consents to this petition to amend the ploffers affecting the property including the imposition of new voluntary proffers by Cbelney Development Company, IDeM PEERY INVESTMENTS, L,L.C" 8 __0_-- p!2 By: . .1 ~/~ / 0 ~ /LL-P'7}- Betty P.. If ejy, f1anager (T - '00 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 schedu~ed public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES J\ND/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 WTitten comments and/or suggestions to the planning staff and the Planning Commissio-n. 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 o METES AND BOUNDS DESCRJPTION ROANOKE COUNTY TAX MAP NO. 76.11-03- 75.00 BEGINNING at a point in the center of Salen1-Cave Spring Road, COITIer to the land of Charlotte Temple; thence leaving the road, passing through an Iron Pipe at the fence comer, at 19 feet in all S. 530 431 W. a total distance of392.4 feet to a point in the center ofa branch; thence up the center of said branch, and leaving the land of Charlotte Temple, N. 500 24' W. 275 feet; N. 50 57' E. 54 feet; N. 720 38' W. 161 feet; N. 240 00' W. 88 ft. to a point; thence leaving the said branch, and partly along the existil1g fence line, N. 450 21' 30" E. a total distance of 678.5 feet to a point in the Salem-Cave Spring Road; thence along said Road, S. 180 26~ 30" E. 515 ft. to an angle point; thence continuing along said Road, S. 290 25' 30" E. 130.55 feet to the place of Beginning; and ROANOKE COUNTY TAX MAP NO. 76.11-03-76.00 BEGINNIN"G at a point on the westerly side of Virginia Highway Route No. 419, said point being the northeasterly corner of the property of W.L. and Nellie L. Griffith; thence S. 580 32' W. 362.00 feet to a point; thence N. 480 37' 40" W. 125.09 feet to a point; thence N. 50 57' E. 54 feet to a point; thence N. 720 38' W. 129.69 feet to a point; thence N. 450 21' 30" E. 183.13 feet to an iron pin; thence N. 440 38' 30" W. 110.00 feet to an iron pin; thence N. 450 21' 30" E. 429.52 feet to a concrete highway monument; thence S. 190 23120" E. 113.74 feet to a concrete highway monument; thel1ce S. 170 48' E. 407.08 feet to the place of BEGINNING and being 4.299 acres as shown on survey made for Sam Lionberger, Jr. and Don Peery, dated January 17, 1974, by David Dick & Associates, Engineers & Surveyors, a copy of which is recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 995, page 554. · · ;...c =;;~II~; I 'l~;:;. hl'l Q.) ] r;; S J oil f ....~ I=f~d il'i! .. .' ~ 1 il [ ~llll ] IlJ ' ~ . 1(lli] ~ I JJh~ z ~ ! ~ I i i ~ ~ ~ ~ ~ ." elUl6JIA '4uno:) a)itDUl':Dl::l PPI5'IC 121JilIaSl6ew 5'U1H JO.SPUIM S'}uawdo]i3^i3O Ai3UJi:l4:> JOJ paJedaJd aW04UMOJ. pue xaldwo:J wn!UIwopUOJ auel ajP!J8 z ~ ... ~ ~ j ~~l. 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'C-a~. f= ...' _I ) <0 County of Roanoke Community Development Planning & Zoning For Staff Use Only fz -0(J)(f)@!d f ..-~ '- "" Date received: 3- -. :2 i./ - C b Received by~ 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: $JiO. ~ PCffiZA date: f)' -'. t.it...... 2.. 2.. 00 " Placards issued: BOS date: Check type of application filed (check all that apply) o Rezoning ~pecial Use 0 Variance o Waiver o Administrative Appeal . ~ . - ; - -:' , . . . .' . - . . . ~ '. - . , . - - - .. - -. -' - '-ALL:APPLICANfs,:::?--::Y'. Applicants name/address w/zip .B~J-k l f-\sse,,'\61l.( \9 ~ G oc\ It.,'63 ~ed Lo..\~ ~ ~t. s .'- \ e ~ (..' ... Phone: Work: Cell #: Fax No.: 5~D"- 38q"- ~c-19'B ;r-Lv/f1 111.4 ~r - !?'(tJ I I Owner's name/address w/zip ~.e.~\. (.:t5S \ Gt"~\~ r:p o...u..\ +\ " c.. \<. $ Property Location ~. 4 ~b t<e I\~ :SI-. of:- Groet Phone #: Work: Fax No. #: Magisterial District: eCL *- (). Lv beL Community Planning area: Tax Map No.: ~3. 04 -3 -41 h3.. 04 .- 3 -- .S-3 Size of parcel(s): Acres: Existing Zoning: A R A ; leLA I tcJ. f"o..L K.~~~id e..'Lt\6.t -;~.:.:.:::. .",-, . ." _ . ,. -.... .:,:> . _ . :~~~.; ;~.:. );--.:~:".. ~ :.- -':.:.:: - :~iqNifvij~J:#9@;;:0i{s#:rE.R#ITJRP-:lfAIf'E~-Af~f!~J;yts.@SKY>;:~<-:.~: .'.' - -':,- 0---:-- Proposed Zoning: 11 R S - S pec;~\ U~e .Pern'\....t Proposed Land Use: -Re I ( "i 0 LA , · f\t5 $ .., ~ ..J Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? y es ~ No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes 0 No 0 IF NO, A VARIANCE IS REQUIRED FIRST Ifrezoning request, are conditions being proffered with this request? Yes 0 No 0 . .--..... -. . .. __._ , - - ..., '_n' 0'. .. - .. . ,.,. ":'-." - f-.- -. .... . ....... "P' .... .. . ....., . . VAiit1NCE,..Jii~RANiJ ApM!lYJ~TlfAiiJ%MrMLAJ:l'licANts (V/iji(AAx:'}Ji/,,,;;,; Variance/Waiver of Section(s) N/14 I of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): Appeal of Interpretation of Zoning Map to of the Roanoke County Zoning Ordinance Is the application complete? Please check ifenclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlS/W V/AA RJS/W V/AA RlStW V/AA m Consultation U 8 1/2" x 11 It concept plan ~ Application fee v' Application . · Metes and bounds description Proffers, if applicab1e V Justification Water and sewer application Adjoining property ovmers I hereby certify that I am either the owner oftbe property or the owner's agent or contract purchaser and am acting with the lmowledge and consent of the owner. 01NJ1er's Signature 2 - .. .-.. . - .....,., '. ,.-, - .' . .. . . . - - ... . . .. .' . .,. ,. . . '.,.' ,.. ., .. ....,. . .. -. . . , , .." : - . JUSTI~'~CA TI,ON.FOR t~J~:ZONlNG,'~~~CIAJ~ D.SE .rE~I.T:.6R W AIV~R:'~EQU~ST;. . , . Applicant The Planning Commission will study rezoning, special use permit or waiver requests to detennine the need and justification for the change in terms of public health) safety, and general welfare. Please ansvrer the following questions as thoroughly as possible. Use additional space if necessary. 1. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. T ke.. re buest u.;;' I f' IC>:',' ; d e. te-,~. adel)u,t..::te, ' " ~ 11. t I ~ \ r- (! c~,...:~'j ~ i: .'l ~ ._Ct.1:'..;' e ~t ; f'ft ee.. , cf (lCCeS~ ()Vl.d satetj J w~tl tlo-r CaUSe co.\~e.s.;'tID.l .)1, f-'"'u.b\..c.. stre.ets (t~ d tV i II . P'" (). ;,/~ d e.. n. i'1. 0. t. t r a.,c ~ ',II,e. (.:.. r:;t ; v ,. t j , ~ e.I>l-'~ eO'" l~D (' . t ~ e.._ . _' CO ill 1"\1\ Uti I t: ~ ' 11 c k, st.c.....j c. b i.-1I I d It\. 5~ 0 (' (l.}~ eu. S w "r ~ t. ,0 c,s:: ~ j ~ 0(" ,e~'\cj'loacked u..PCl'"i. Ihe \'''e.~ue~.t wodd ~"CH.\...I t~e. ,;>(ho..l/ S~cde d e:ve.lopetnen't oP (t CI"':C USe C-cmpc..lt ible.. Wit~ tke. c..Otn~u~it~. . 1(e.l~3"ou~ AS$ernblj tS Cl.llo.l,..L~d 1101. the.... fl R. A~i""' cl.dtural Ke.,S,d e.I1t ICtl, Zone b:1 Special u.se pe.y"'ll'\lt.. 2. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. fke, ~,tl'\pfd'H=::t1,:)'j'Ve. 1>Lo...i,t de$'ilJho..re.S this a..~~e.n. (~s T(,CLi-tS~ti'OI1. J.. r1 S .t; t u. t ~ 0 n oJ sit e s} S u.c h (.l$ C.j-ULi"'c' it e.1 I CU- t'- e.~ C D LL. (' Cl.~y~.cl 1 Cl..V\-d u. .s e 't j p e .$. 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.. '1'"1 t .L fl. ..L 1: t' 5'o.~"\.t.~ci .'the.. r-e.CZ)u e ::ft I W d I a.: 0 ~ .0- V 0.. C v.. rt- 'l. ,... 0. C. 1: {) Clnd, LO. be. a eve l C' P ed I "'- /:;0 (L P l o..c.e. a ~ i e./, 5 J 0 U S (i.S~ e i'() 6 l.:!, A p er 1l\Cl: nen. str-l.LCtlJ.,re u)'ll'..be eY'ec'~~d a,S ~Dcn~ CLS p.o.s~f~'e.. ''R.eguir-e.meHtsc t.\te Z.C~\ii'\.~ ~r~'r'lCLY\ce. will ,be ~e.t. C le~' fClIltds:o-p,n<;j) pu'l"'lt11'\:\ ).coYeJ'a~ etc... )" . A dJ OJ r:' I t\.~ ,r ~., pe.... t I e5 wd I f' e. c e.l ve.. "'10 J t"n p (1. e.:t at he (' 'C It C'l- ill ~.s/l~h.t visua.llmpCLct-. ~ Wi tle.. R ol[0\..0 l fY\ea. c. h. (l..i1'\ a.nd Ke. I \ ~ t.u auld e.1-p e..1" OJ e nee 0_ S l ~ ~h.t , ~ Cr" eo.. se " V'I. ~(,<l ff"r <:. pr j 0.... to Q,t'\d, a:. .ft-er Su~d a.. j Se. {' v'; c.. e.g (.L\otci c.kUl~c/.l t:.y' e nt oS 0", S C "too I) P. a l" k / r-e..c. f' e(.l.. t 10 r\ uJ d I t'\,o t. be.. (\. f f e cte.d. "'F, re../ .1"':~<:'\.1.e. Issues wHI he. ~~egu~...t'e.lJ Qdd('eSSed~ Cluu'c.k. wcndd lASe. p. I va. t e l.V e , ( C... \"""\ d is e t \ C S $ t e t'~ .. 3 1'~STIFICAnON'F()RV~Nd~. R~9uEST' , I Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following actors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the re uest Ineets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with th .ntended spirit and purpose of the Zoning Ordinance. I' I I / I j 2. The strict application of the zoning ordinance wouJd produc"e undue hardship; a hardship that approaches / confiscation (as distinguished from a special privilege or convenieDJce) and would prohibit or unreasonably restrict the use of tbe property. ,/ I' /1 / / / / / / / / / .I 3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as ame.ridments to the Zoning Ordinance. I ! / / / / / / J J I / ;' / / 4. The variance will not be of.i~ substantial detriment to the adjacent properties or the character of the district. / ,/ i I I / / f 4 Applicant // / Please respond to the fo 11 owing as thoroughly as possible. If additi onal space is needere additional sheets of pap er. 1. Reasons for appeal: / / / ~( 2. Evidence supporting claim: 5 f' I -" .- I C~NCEPT PLANC~)<:C~UST.. : .. . A concept plan of the proposed project must be sublnitted with the application. The concept plan shall graphically depict the land use change~ development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that Inay not be Inanageable 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 lirniting 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 pennit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Plarming Division staffmay exempt some of the items or suggest the addition of extra items, but the following are considered minimmn: ALs,APPLICANTS . L ~ a. Applicant name and name of development ./ b. Date, scale and north arrow ./ c. Lot size in acres or square feet and dimensions /" d. L e. Physical features such as ground cover~ natural watercourses, floodplain, etc. ~. f. ./ g. / h. /' 1. L j. Locatio~ names of owners and Roanoke County tax map numbers of adjoining properties The zoning and land use of all adj acent properties All property lines and easements All buildings, existing and proposed., and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERJvflT APPLICANTS M/.t k. Existing utilities (wateT, sewer, stonn drains) and connections at the site -L l. Any driveways, entrances/exits, curb openings and crossovers V m. Topography map in a suitable scale and contour intervals V n. Approximate street grades and site distances at intersections ~ o. Locations of all adjacent fire hydrants lv.../A p. Any proffered conditions at the site and how they are addressed ~ q. If project is to be phased., please show phase schedule I certify that all items required in the checklist above are complete. (f-~-,~ S&<atufe of applicant . - {/~ ?6?~ ,.. ,Date 6 ....,... ~~~"",,,rI'"rI~-' QlLO -w.o:>li J.E.:_-=- _ l'!..5 S6~ __.. _ .- '..~.~ ~~~ ~~ ~~ ~~ ~~ ~~. ~~ ~~ - t-dB-~ - ~~ I 1 I I ! I~' !...-:. ~ I I I I '--'J~l - ,.' - - . - --} ..oll."Tl C. 0 PttA S t.. ~ ~ PL.A L.J c.l ~ . ID 1!a. -~ ~~lT~~\j~: j~I~~:;.t - CHURCH PLAN - 0403C 1--- I - I i~1 I ~ I; a i lEe '!!;:: ! .. :: i:~ ! ~ ~ grii; ;~~~;~ ~i;~~~ ..t":; ;!;~~~ i:~r:i i:~!i= ;;:ii:lf' ; ~g~;t!5 :E: -aM....:! IE 1.0 Z ..; ... . II:: ;: ..:; ~ .... - ~ :+ .., 10<- 1,.0 :t ~ Q o ~ ~ I- 0.' ~ ~t; ~ ~=.s CfJ b Lu :2b;z: ~ .. ~ Q.. ~Qti u "'t Lu U) ":3 ~ .. ~ If) <Cii!.~ 8 ::>~~~~ ~- I- 0 j i-tz ...,.0 Cl.. -r" !!;l:::o E-< s: ;: "'t >- t,) 0 E---)o( ~ _~Q~\,)~g:i:~ ~ ~ ~ ~ ~ < ~~ -: t ~ ~ lJ fu .e~ .I<~ ' U)i-tO A ~ .... 9: ~i:'lO: z ~ ~ C) E--- ::::r: U _ It. ~ 0 ~ ~ .., :\~ .. Pz oCc6CO'103 f--3 County of Roanoke Community Development Planning & Zoning For Staff Use Only Date received: Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7] 55 Appl ication fee: · ~(A ,00 PCfBZA date: --- Placards issued: Case Number \ 3 - ALL APPLICANTS Check ty pe of application fi led (check al] that apply) ezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15~2-2232) Review Phon e: Work: Cell #: Fax No.: S-<(o - 7? (, -D?77 Applicants name/address w/zip ~~,J ~S-r' a~ 1,/0") )(fild.6GrJ't:/ /2c( o~ 11 Z-C{ol'? Owner's namdaddress whip Cot"-iS7A~774 ~ C IIC.. /.f '$ :30 ( fc...( u../ ~ b ...J ,r c.. '-"7 "'\ /<1 Rc,~ ~ C (/ A ~ t.r 0 ( 2- Property Location 7 J Y z. ;:>~;AJ T..-t7"i 0I.Ai ~ ~K.CI (j~ 2-f.{:>11 $'.17" 9~z..., Phone #: Work: Fax No. #: Magisterial Distdct: Community PJanning area: Tax Map No.: Q l-7.. I ~ ,-t:)Z- - Q /... 0:>-- Size of parcel(s): Acres: '(.r Existing Zoning: (' Z ~ Existing Land Use: ~~.sr/IV~r REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PUN (15.2-2232) !1-EVIEW APPLICANTS (R/SNt' /CP) Proposed Zoning: Proposed Land Use: C2- 2e(rtJ,~s- /')r C Hull..CH D the parcel meet the minimum lot area, width) and frontage requirements of the requested district? Y No IF NO, A VARIANCE IS REQUIRED FI~ Does the parcel meet the minimum criterla for the requested Use Typ~ No I F NO, A VARIANCE IS REQUIRED FIRST If rezoning request., are conditions being proffered with this request? Yes No VARIANCE, WAIVER AND ADMINISTRA TIVE APPEAL APPLICANTS (VnJI/A4) VariancelWaiver ofSection(s) ,J! A. of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the appl ication complete? Please check jf enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE~ RlSIW fep v IAA RlSffillCP V I AA R/SIW ICP VI AA rn Consultation ~ 8 1/2" xl] U concept plan EE Application fee Application ' _ - . Metes and bounds description . Proffers, if applicable Justification Water and sewer application Adjoining property ovroers I hereby certify that J am either the owner of the property or the ovroer's agent or contract purchaser and am acting with the lmowledge and consent of the own er . Ovroer's Signature 2 JUSTIFICA TION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant ifG1Corl MI7iS7 C t.U/c-i The Planning Commission will study rezoning, special use permit waiver or community plan (] 5.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general werfare. Please answer the fo Ilowing questi ons as thoroughly as possi ble. 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. /Jr: 1/ l4 c6.J /)4/'(75 r A/'.4S C'D,...J oS r";;i'e-a.ef.:) rY'J4.,..J 7 A-<f.s o..c rU--rF /{f/~f A"tJ /.J~~~v(: /,,(.4r pJ~ t!A-r-J I14rf'-'~,,- ~ lit'.. ~6k'tT" Co,",,,, fir /AI l>~(/C loJ'.?/'~ lb.5/1'lve'p~~.r ~ ~<.V //ldrvt'c-)u,:J(r ,ei/ld 6,...,:.z:.~s_ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community P I an . lJeau';6 (J,C 4.rfoA!,~ G.~....~; fJo.s FT/,iF /"f'r77 -r-'u D G -;:;:cr,.,.",..d C..Lro~~ ,A~d ~(0"":".s O~.74N('?..4-t?C).-'Js / tJ.~ ~~L (/c-d!r aObr~ /) 5c>'-'r 6~ Con-/~ ,() ~r 6P ~c. /(~/(I.,s 4~~ D~ ~A;.J6I'~ ~ Co (.I' "l i}. (Jc~::> Ie ~C-I~Q ~ oS r~r:;-TH'eNIAi<;: ~/(../us /",v 7#'; eou-1 r7 A-.--.i) f-t.~"r~k~ .s~ .//~~/I"7.J ~(. CPt:..-... f Y . Please describe the impact(s) of the request on the property itsel f, 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. UC- <5'E~f€~ 77('~ C#Ut!.~/f /<.AJvL.D ~rr (' t1J ~c= '-'- (^' ?7-rtr arl-1......CooI,...... rr y . M ~;~ l' ~ I' (. F ~ f!.rl2-~e.. 2. "~t:- U (J ~~ oS' 4A140 ~4:Ja+J fPti57/-/t9f!!A1 ,4;1.1.2) Jt~ 1.l./;tJ S C#LJd-~~o~?"A-'r /VAzM..eVr;:: fJ tr D E .s- / /t-e- r:; /,-. Jf?A- '- r /%rF C ':;>4-._ v,.J f'r y .c;e Cff' I't!.r rr: 3 JUSTIFICATION FOR VARIANCE REQUEST Applicant The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before varjance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets e h factor. If additional space is needed, use additional sheets of paper. I. The variance shall not be contrary to the publ ic interest and shall be in harmony with the intended spirit and p Zoning Ordinance. 2. The strict application of the zoning ordinance wouJd produce undue hardship; a hardship at approaches confiscation (as distinguished from a specia! privi I ege or convenience) and would prohibit or unreasonably estrict the use of the property. J. The hardship is not shared by other properties in the same zoning dis let or vicinity. Such hardships should be addressed by the Board of Supervlsors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 4 JlJSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the foJ lowing as thorough Iy as possible. I f additional space is needed, use additional sheet of paper. ]. Reasons for appeal; 2. Evidence supporting claim: 5 I CONCEPT PLAN CHECKLIST A concept p}an of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regu lations. The concept plan shou'd 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 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 of the request. The County Planning Division staffmay exempt some of the items or suggest the addition of extra items, but the following are considered minimum: '..L g. h. 7 1. j. ALL APPLICANTS . L a. Applicant name and name of development -tL" b. Date, scale and north arrow --.iL c. Lot size jn 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. -L f. The zoning and land use of aJl adjacent properties All property lines and easements A) I buildings) existing and proposed, and dimensions, floor area and heights Locationt widths and names of all eXlsti ng or platted streets or other pu bl lC ways with in or adj acent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional infDrmation requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule ("~.../I /.y t.J,4-t'e~ r Sel II -c.. I certify that all items required in the checklist above are complete. ]. ..- ZI./ -0 ~ Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PER1vfIT 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. I f 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 referraJ 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 aU 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 COJnmission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TR.A.FFIC ANALYSES AND/OR TR.A.FFIC 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 wou ld 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 afthis 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 &r1D1/At.- 0 ~C2 ~ -{b ~/1 J L 1b c. '?- Name of Petition r Petitioner's Signat e 1--L~~~ Date Pt; n4l~l4 1f):3 t1A"r (19 14~26 SCHE.DULE BA" LOCATED IN ROANOKE COUNTY~ VIRGINU\. BEGINNING at a point on the West side' of Virginia Route No. 115 (Plantation Road) said point being the Northeast corner of the now or forDlerly Robert D. and Juanita L. Lawrence pro~Jerty; thence leaving said Virginia Route No. 115, S 68 deg. 57t w. 463.92 feet to a point; thence N. 21 deg 03' W. 490~87 feet to a point; thence N~ 69 deg. 491 E. 367.17 feet to a point on the West side of Virginia Route No. 115, thence along said road S. 28 deg. 11 t E. 168.89 feet; thence continuing on Virginia Route No. 115 a~"ong fle arc of a circ~.e to tJe 1.eft whose raG.ius is 1491.39 feet whose chord is S 34 deg~ 281 14u E. 326.65 feet an arc distance of 327.31 feet to the point of Beginning. BEING that certain 4.539 acre tract as shown on the survey of Sunnybrook Inn, Inc. made by T. P I Parker & Son, Engineers and Surveyors, Ltd~ dated May 31) 1983 being attached to that deed from A S. Davis and Missouri Davis! husband and wife to Sunnybrook Innt Inc., dated JuLy 20, 1983 a.nd recorded in the Clerk's Office of the Circuit Court for the County of Roanoke, State of Virginia in Deed Book 1195 page 255. BEING the same real property conveyed to the Grantor by deed dated May 5) 2003 from Schlosser Youngblood Properties, Inc., and recorded in the aforesaid Clerk's Office contemporaneously ~erewith. ?u-r /l?A~ '7.Jyz- (JtAdT~(N 010 '10 . ...--~.....". Dexter .... Rd ...... ... ... .. . ... ...... .- ,..> " .~ ..., . .. " " ... .. to " ... .... 85(5) 7J72 1. &17 c q.\..s.... \.~ ~~~~~,,' 2 ....- ~.... "-cr. 7J70 o \f?J9.0~ 7J56 ." ... .... J '-b '!) 7.1.12 % .~ -Pt;)' -tr. ~ $ 4. ~ rorcl....s ') 7.126 o...e'b-~ '(\:'r e, '( Sv~ ".... ._~ \ '\ro~ro . .- ....~ ,. 12. " 5. .1 .-r - - .... , 0 ,.- .- .~ " .,; - - " 2..? ~A.O 18 iP '). . .... 21. 7.1&5 ~ ?~s.&1. 17 0 ~ .~ 7J57 21L '). 7.- ~ 16 ~ 6 ~ ~ 707 "\-; \""~. SunnyBrook Inn . ... .. ... ...... ... ... ... ... ... ... ... .. T. ... ... " .... ......~.t> ~~~~-~~~--~ 7J28 ~ ~t" .", -I' U' 17. 1.1~ 7 lJ ~ 16. 7J21 t?.c;' J2 15.1 7.119 ').').~ 7.1" 15. 7J20 8. :? oc., "",& . 9. ~()1 "'0 ~~ \ \ \ ...~ \ ..;>'" \ \ \ \ I '<< $ I 1 I I : I 10.1 . -J / I / 19. 7J4g 'l"J.S 15 .5 % lJ4J lB. 6@ ;'J..'l~ 14 ~ 'b "'J', ',J- ......... 10. 11. 544 / / J . J I _ : J I : /12. .' / I I 2J i J : I ,/ J , ( J I -2 J-s ~ A.~ ~~\. ~1c.,.~1 gO \ 9A ~ \ \ \ \ \ \ \ \ \ , , \ , 72 l,? ') "".>tP 13. Iit'\o 11. oC It 19, 5'7 11. /~>. I ".,,,,"" i/ ///' 1 . t.....'" }... . 505 /9 ';-- ,,--, L ~ ~ ~ . ..... ----, ~- ~VIIi ~~ :f.q. ~ ..l ~ 901..~ ~ . \,. t1. ., ~::L ~ ,... ~ .~ \ ~ "1- ~ ~ \ " ~ c: ~ "'" ~ County of Roanoke Community Development Planning & Zoning Pc OLeCD LQ ~ 9 For Staff Use ~n]y f --' ~ Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 PCIBZA date: Check type of application filed (check all that apply) 'Rezoning 0 Special Use o Variance o Waiver Applicants name/address w/zip ~~~~--~ ~~ ~~\....~>~~~~ S',::, ~~~ ~,~~~ ~~ ~~~~'\L~ .."". ~~~ ~\~ Phone: Work: Cell #: Fax No.: S',-\~ \\~ - C:\\~ S'-\~ ~"~- ~~\~ ~',",~ \\~- (::)\\~ Owner's name/address w/zip S~~~ ,",S ~~~~ Phone #: Fax No. #: Property Location .~~~~ ~~~~~~-~,~~ ~~. Magisterial District: '--- ~~~ S~~~ ~ Community Planning area: ~~~ S, ~~~ Existing Zoning: ,,- \ Existing Land Use: ~ "''-~~, Tax Map No.: (J"... \ ~ _ \ -' \ Size of parcel(s): Acres: Co ~,,\ -~,~.~~Ir..m:_ft.l.l'!!__II.i.II[~I~mIIJiir~~t~ll~l'~lllt!I~, Proposed Zoning: c..;)- Proposed Land Use: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes 0 No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the'minimum criteria for the requested Use Type? Yes 0 No 0 IF NO, A VARIANCE IS REQUIRED FffiST If rezoning reques~ are conditions being proffered with this request? Yes 0 No 0 VarianceIWaiver of Section(s) oftbe Roanoke County Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION \VILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SfW V RJS/W V R/S/W V rn Consultation Eli 8 1/2u X 11" concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property O\VIlcrs I hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. ~~~~ ----1:. Ovvner's Signature " -- .,..... ....., Applicant '-" ~ ~-~'--~ ~. ~~\~~~,~~~ The Planning Conunission will study rezoning, special use permit or waiver requests to determine the need and justification for the change in terms of public health, safety, and general welfare~ Please answer the following questions as thoroughly as possible. Use additional space ifnecessary. 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. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community 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. Applicant The Board of Zoning Appeals is required by Sec;.tion 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your ovvn words~ describe how the request meets each factor. If additional space is needed) use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties in the spme zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building pennit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County P]anning Division staffma exem t some of the items or suo est the addition of extra items, but the followin are considered minimum: ALL APPLICANTS a Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke COWlty tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of aU adj acent rlIe hydrants p. Any proffered conditions at the site and bow they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. -S::;:) ~~~~~~ Signature of applicant J~ . ::> ~' olD Date Applicant Lawrence A. Goldstein Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This request is for C-2 zoning for parking necessary to serve the existing restaurant that has existed at this location for many years. It is in conformity with Section 30-91-2 which appears to prefer that parking be located on the same lot as the structure or use. While additional parking will be sought on a shared arrangement with an adjoining property owner, approval of this request would allow a reasonable chance for the existing long time use to continue. Please explain how tbe project conforms to the general guidelines and policies in the Roanoke County Community Plan. Improvement of this site with screened parking would encourage continued use of a long term independent restaurant originally constructed as a home. It is an attractive building constructed primarily of wood, wood shake, and natural materials that is a better blend than many newer commercial buildings. It is likely to serve in part the residential community in a harmonious manner and can be patronized by walking to it without crossing major roads. This should be particularly attractive to the community during inclement weather when residential roads may not have been cleared. Granting of this request would provide desirable employment and enlarge the tax base by continued sales tax receipts. It would also permit the continued use of up to $250,000 in restaurant equipment and major building renovation suitable to restaurant use only. Please describe the impact(s) of the request on the property itsel~ 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. There would be little, if any, impact on the public services since this request is to permit parking for a use that has existed for many years. The impact on the surrounding area would be to encourage a continued use that has served the neighborhood for many years. Properly constructed and screened, the parking might be far more desirable than a residential structure of up to 45 feet in height with a driveway entrance and paved driveway. Granting of this request would also screen adjoining residential property in a manner not required if a large home were constructed on this site. Granting this request would permit continued use of an attractive structure, originally a house with minimal commercial appearance. Applicant Lawrence A. Goldstein 1. The screened parking with minimal lighting would provide an attractive transition between the commercial and residential segments of the community. Ifbuilt of crushed stone, it would probably have less water run off than caused by residential development at the site. While the existing commercial building is not historic, it is older and more attractive and should be preserved. Granting of this request would indicate an attempt to accommodate a very large investment in the building and equipment that has already been made and evidences an attempt to encourage further economic development. 2. The denial of this request would probably require that the restaurant use of the building be discontinued and result in approximately $250,000 of investment in restaurant equipment and improvements suitable to restaurant use only to be abandoned or sold for pennies on the dollar. It would extinguish a very long term use that benefited the community and possibly lead to the demolition of an established and attractive building. 3. The hardship is not shared by other property owners in this zoning district or vicinity and is unique to the property for which this change is sought. 4. The applicant, although personally self-interested, believes that the change will not be detrimental to adjacent properties or the character of the district. While adjoining property owners may enjoy the status quo, the lot for which this request is sought must be economically developed. Granting this request assures attractive, low level and controlled development with less obstruction than a large residence. It also permits continued use of an attractive building and reduces the uncertainty of a totally new development of the presently zoned commercial site. 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 determine if a continuance may be warranted" POTENTIAL OF NEED FOR TRt\FFIC ANALYSES AND/OR TRt\FFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Pennit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. L,~ ,~~"'-~ t"---. ~'- ~~ ,""=.. ~ ~~... ~ ~-- ~~~>-- - Name of Petition ~ ~~~~. Petitioner's Signature '~\~-:,f \:)~ Date j0 17 \ \\ ~Q 20. \ 0 \\ _1 9 . ~ \ o \ \ \. \3633 \ \ \ \ 6 \ \ - \ VcP r!1 / ~\ r635 \ L~, \ 1/ '/ .:\.\.. IT:I 1() B / CQ~~ ~'\.. ~%e~ / v<> 3 1'=> .~~~ '0 \ J \ 7cJ~4 '\ ~ \ -- /' ~I' m ~ HI! liil II!! !Iii 111-1 ~; il II llil Ill! !lll! !Ill Mil z o ~ ~ ~ ~ .. \ >~ ~ J. /"~/ "--, ~:::! ~ (~._~__(h'! ' ~_~\-, ~ ~ _: ~ ~ ~ ~ . ~ W~. - '0( w ::::i ~ ;r.- ~".;;;... vi "r=-: -"", <.,~ ~g~.---- . .Jt!; '.. -" . ::,'1 . II ;Z""~.~~ . 0 ~ :li::: , > ) .... N h ," I ~.& \ 0::. Q:; ~,' I U ;" ... -'-':~~ ~I *::~\ . . ..... a. '. ~~ ~J ; ~ ;- I I,X "\ -' ,.,..- .(. ." ctj - 0 > too Ae~~"~~' --- . ~ . ~. "'-. ,~.) :.' i. . _...~ 6 g, ?1 j c_ '~qti~~)u. . ~~iliffi:~1!)f::tf!1'r~~~~%~"4fr : g: />- I:_.~:. 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" .-, \. o 8 z ~ a:::: w OJ ~ LS a:::: "" 'i:rJ t)t) zz ~o Ul...J ><5 Wrn Vl W 0 wz i= a:: i= . wzw L.... 6::S~ 0 <l.':a..~ ~~ ...JWQ UlZ -=> ~~f5 D r.nu l/'I 1-<...:) <( W wwz O~ ~w- wo zcrz I-z wI-a ~ <( >UlN =:l0 ~ <l.':0>- ua::: "" l./1zl- ....J ~ ~ <( z <l.':a::: I- ~ UW 1..1 Vl>-O Ct... ~ a~u l/'I / -Ul -< . Llu...~ <(<l.':w .it "" w U C.;l zoo cr--.lz o z <ct3~ ....JI-<e <(Io crcro l/'I~a::: wa::cr olX ..... 0 ~w1: .....0 ~zo r-II- a:l~~ 21- ~o5 wVlZ I'xO a..l-tl I- 'u..J N r-i Printed On 0313012006J?1LZER ..." r J'l. CO o. (} _\ .:::J4.O-' i I PG r "(15 !:EP 26 15138 TAX MAP NOS. 077.13-1-1 and 077.13-1-2 \~bH~~k 2€lQ516468 THIS DEED, made and entered into this the 8th day of September, 2005, by and between FEN AI CHEN~ Grantor; and LAWRENCE A. GOLDSTEIN, Grantee. WIINESSEIH IRA T FOR AND IN CONSIDERATION of the sum ofTEN DOLLARS ($10.00) cash and other good and valuable considerations paid by the Grantee unto the Grantor, receipt whereof is hereby acknowledged, the said Grantor does hereby BARGAm~ SELL, GRANT, and CONVEY, with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, unto the Grantee, all of that certain lot or parcel of land, with all the appurtenances thereunto belonging. lying and being in the COUNTY OF ROANOKE, VlRGINIA, and more particularly described as follows, to-wit: PARCEL ONE ~ ~ ~~<l: 8 <~ e:::; -l 0 CO ~ ~ ~ <C > <~.. ::c ~ ~ .~o t.L. 0 Z ~ ~< ~ <0 ~ ~ -< ~ _J\11 of a certain 0.2410 acre tract, being a portion of fonner Lots 22) 23 and 24, Block 3, Section 1, Mount Vemon Heights, which tract is to be combined with ---------~-- a 0.320 acre tract to fonn new Lot I-A containing 0.5610 acre, all as shown on survey dated December 27, 1989, showing the resubdivision of Lots 22, 23, 24 and I, Block 3, Section 1, Mount Vernon Heights, prepared by Balzer and Associates, Inc., of record in the Clerk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 12, pag~_ll4.. . ~ PARCEL TWO BEGINNrN"G at an iron pin on the southerly side of Custis Avenue, SWat (erroneously shown as at; on deed recorded in deed referred to hereinbelow) the division line of Lots 1 and 24, Block 3, according to the Map of Survey # I, Mount Vernon Heights, of record in the Cl~rk's Office of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 2, Page 67; thence leaving Custis Avenue, SW't S. 58' 001 W, 100.00 feet to an iron pin; thence N. 320 00' W. 190,00 feet to an iron pin on the southerly side of Brambleton Avenue, SW (formerly Mount Vernon Drive); thence along the southerly side of Bramble ton Avenue, SW, N. 580 DO' E. 75.0 feet to a point; thence S. 77. 00' E. 35.36 feet to an iron pin on the southerly side of Custis Avenue, SW; thence along the southerly side of Custis Avenue, SWt S. 32- OO~ E. 165.00 feet to the place of Printed Dn 03/30/2006 By B ZER ~ . C"t: ....., ~. < U~~ ~ -< Z ~ .....J G ~f-l~ <10-1 > <>.. ::t UJ UJ .~~ ~ 0 Z ~ ~-< cr:: < 0 ~ Ct: < :r: I ~ . PC ~. . 1 1{)5 :fP 26 15:38 j" I: I; BEGINNING, and being fle major portion of Lot 1 and 251 of Lot 2, Block 3, according to the Map of Survey #1, Mount Vernon Heights, of record as aforesaid, and as shown on survey made for Carl B. Flora, C. Cecil Flora and R. S. Thompson, Jr., by T. P. Parker & Son, Engineers and Sunreyors, dated July 12,1977, of record in the aforesaid C:.erI('s Office in Deed Book 1085, page 175. I H Both of the above parcels being the same property conveyed unto the Grantor by Deed from Feng Chen dated December 10, 1999, and recorcec.. in toe aforesaid Clerk's Office in Deed Book 1644, Page 1347. THIS CONVEYANCE is made subject to all effective easements, restrictions and conditions affecting the property herein conveyed. WITNESS THE FOLLOWING SIG:t\-A ID.R.E AND SEAL: 4~. FEN AI C~-fE~ r ('~) (SEAL) c~ CO MlvIONWEAL TH OF VIRGINIA. COillJTY OF ROANOKE, TO-WIT: The foregoing instrument was acknowledged before me this ~ day of September, 2005, by FEN AI CHEN. ~u1u' a~ Jo~ NOTARY PU3LIC My commission expires: cf/u'AL 3DI ~ D(fI ACTION NO. ITEM NO. G- - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Ordinance authorizing and approving execution of a renewal lease agreement with Cisco Systems, Inc., for office space in the Salem Bank & Trust Building at 200 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County, Virginia SUBMITTED BY: Anne Marie Green Director, Department of General Services APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~~ @> SUMMARY OF INFORMATION: Cisco Systems, Inc., a California corporation which is a major supplier of network equipment and management for the internet, has leased 1,400 square feet of office space in the Salem Bank & Trust Building since March of 2002. Their lease also allows Cisco to install and use both a WHIP antenna and a small satellite dish on the building's roof. The original lease term was for two years with an option to renew for the same period which Cisco Systems exercised. After negotiations which began last fall, Cisco Systems has agreed to renew their lease for an additional two years at a rental which is 4 percent above their current lease rate. Cisco has requested the option to terminate this lease after the first year upon sixty (60) days notice in writing to the County. FISCAL IMPACT: Roanoke County will receive an annual rental of $17,820 to be paid in twelve monthly installments of $1,485 for the two-year term of the lease. The rental proceeds will be placed in the Salem Bank & Trust revenue account. ALTERNATIVES: 1) Approve the renewal lease with Cisco Systems Inc., for their currently occupied space at Salem Bank & Trust at the negotiated increased rental, to be executed by the County Administrator or his designee on lease forms to be approved by the County Attorney's Office. 2) Disapprove the negotiated renewal lease. STAFF RECOMMENDATION: Staff recommends approval of Alternative # 1 . 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 251 2006 ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A RENEWAL LEASE AGREEMENT WITH CISCO SYSTEM, INC., FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing .68 acre, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13-6, #1 06-13-2, and #106-13-1, and common Iy referred to as the Salem Bank and Trust Building; and WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building, and subject to a number of commercial leases for the first and second floors of the building and the rooftop for antenna space; and WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and WHEREAS, by lease dated the first day of March 2002, the County entered into a lease with Cisco Systems, Inc., a California corporation, for a term of two years with the option to renew for an additional two years, for 1 ,400 square feet of office space in Suite 200 on the second floor of the building, and for placement and use of a WHIP antenna and an 18" satellite dish on the rooftop of this building, and said lease has expired; and WHEREAS, Cisco Systems, Inc~, has negotiated with staff to continue leasing the premises for a period of two years from March 1, 2006, at a rental of $1,486 per month; and WHEREAS, it would serve the public interest to continue leasing the premises to Cisco Systems, Inc.1 in order to have the office space occupied and maintained, and to generate revenue to be applied to meeting the bond obligations; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on April 25, 2006; and the second reading was held on May 9, 2006. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of 1400 square feet of office space in Suite 200, as shown on attached Exhibit "An, and rooftop space for a WHIP antenna and an 18" satellite dish on a 4' X 4' pad, as shown on attached Exhibit "B", at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to Cisco Systems, Inc., for a period of two years at an annual rental of $17,820, payable monthly in the amount of $1,4851 commencing as of March 1, 2006, and ending on February 29, 2008, with the option for 2 . . Cisco System, Inc., to cancel said lease after the first year upon sixty (60) days written notice to the County, is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shaH be upon form and subject to the conditions approved by the County Attorney. 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. 3 ACTION NO. ~ ITEM NO. ~ 1- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: fuL~~ ~('l--(d~ ~ SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare Board of Directors Mr. S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, has advised that at their meeting on April 6, 2006, the Board voted unanimously to nominate Daniel E. Karnes to complete the three-year term of John Hudgins, member at-large who has resigned. The unexpired term that Mr. Karnes will complete will expire on December 31, 2006; and his first three-year term will begin January 1, 2007 and expire December 31, 2009. Mr. Sikkema has requested that the County ratify the appointment of Mr. Karnes since the member at-large appointments must be ratified by the County, the City of Roanoke and the City of Salem. Ratification of Mr. Karnes' appointment has been placed on the consent agenda. " 2. 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 has recommended that each of these representatives be re- appointed for an additional four-year term that will expire on January 1, 2010. Confirmation of these appointments has been placed on the consent agenda. 3. Total Action Against Poverty (TAP) Board of Directors The two-year term of Ms. Elizabeth W. Stokes, who serves as the designee of Supervisor Richard Flora, will expire on May 5, 2006. 2 ....-- o /-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIAt HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 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 April 25, 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 6, inclusive, as follows: 1. Approval of minutes - April 11, 2006 2. Ratification and confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors and the Length of Service Awards Program (LOSAP) for Fire and Rescue 3. Request to adopt resolution amending and readopting guidelines for the implementation of the Public-Private Education Facilities and Infrastructure Act of 2002 4. Request from the schools to accept and appropriate funds totaling $20,000 for grant funds and contributions 5. Request from the Police Department to accept and appropriate funds in the amount of $4,500 from two Division of Motor Vehicle mini-grants 6. Request from the Information Technology Department to receive and appropriate reimbursement in the amount of $6,657.60 for time/resources committed as part of the BOOMHz Rebanding project 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. ACTION NO. ITEM NO. s~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Ratification and confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors and Length of Service Awards Program (LOSAP) for Fire and Rescue SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: leIJ.LDrrVTrW~~~ @ SUMMARY OF INFORMATION: 1. Blue Ridge Behavioral Healthcare Board of Directors Mr. S. James Sikkema, Executive Director, Blue Ridge Behavioral Healthcare, has advised that at their meeting on April 6, 2006, the Board voted unanimously to nominate Daniel E. Karnes to complete the three-year term of John Hudgins, member at-large who has resigned. The unexpired term that Mr. Karnes will complete will expire on December 31, 2006; and his first three-year term will begin January 1, 2007 and expire December 31, 2009. Mr. Sikkema has requested that the County ratify the appointment of Mr. Karnes since the member at-large appointments must be ratified by the County, the City of Roanoke and the City of Salem. Ratification of Mr. Karnes' appointment has been placed on the consent agenda. .. 1. Length of Service Awards 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 has recommended that each of these representatives be re- appointed for an additional four-year term that will expire on January 1, 2010. Confirmation of these appointments has been placed on the consent agenda. 2 ACTION NO. ITEM NO. J= 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request to adopt resolution amending and readopting guidelines for the implementation of the Public-Private Education Facilities and Infrastructure Act of 2002 SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: 12~uJmnnfl~~(![g) SUMMARY OF INFORMATION: The 2002 session of the Virginia General Assembly adopted the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) to authorize "responsible public entities" to create public-private partnerships for the development of a "qualifying project". Before a public entity can implement the provisions of this Act, it must first adopt procedures that it will follow to receive and evaluate any proposal submitted to it under the PPEA. On May 13, 2003, the Board of Supervisors of Roanoke County by resolution adopted procedure to implement the PPEA. Since that time, the General Assembly for the Commonwealth of Virginia has amended the PPEA. It is necessary to amend the procedures previously adopted by the Board in order to conform to these statutory amendments. The amendments to the guidelines implementing the PPEA do not make any substantive changes to the previously adopted procedures. STAFF RECOMMEN DATION: It is recommended that the Board favorably consider the adoption of the attached resolution amending the guidelines for the implementation of the PPEA. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25, 2006 RESOLUTION AMENDING AND READOPTING GUIDELINES FOR THE IMPLEMENTATION OF THE PUBLIC-PRIVATE EDUCATION FACiliTIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Board of Supervisors of Roanoke County determined that it is in the best interest of the County to adopt procedures for the implementation of the Public- Private Education Facilities and Infrastructure Act of 2002 pursuant to the provisions of Section 56-575.16.4 of the 1950 Code of Virginia, as amended; and WHEREAS, on May 13, 2003, the Board of Supervisors of Roanoke County adopted Resolution 051303-4 which adopted procedures for the implementation of the Public-Private Education Facilities and Infrastructure Act of 2002; and WHEREAS, the Board has determined that it is in the best interests of the County to amend these previously adopted procedures to incorporate recent amendments to the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that Board of Supervisors of Roanoke County, Virginia, hereby adopts the following: ~~~~~ I;. ~~~~ ~~.~.~~~~~~ ~ ~ "M ~ ^.~.r-~=::"'~=:=~: .I - t~~~~~~.~~: .~~~~ --- - -- -- I .. . . .. I ,.... - ..... "~=I ..~ _~. -_-~ ~ -_._''"J!J.~'~ ~ - -:! ""] ~ -- (~~ for~ ?~ .. --~ .' - .- -. . . .. . ~ . ",,'~::! """. I. . . . ,..: .) ~. ~ I ~; '-...:1 -:t ,~~- ,,~~~~- ~ ~.=- {F. . _i'l~~) ~~- .~J~ invit ~. dcsi gill -- __ 'I. _ ~ opcrat. ,~"~~::J {~==] ~ =:.: ~ -(~ - ~ {~-~ ~ ~j {!iM~ I pri~~~ ~~~::"] ,~, ,~~] fiMlii.,.&~j tiiIR-.w ~~ .~~ ,~-~ - - - - - ~x- l~..) ,-~ ~lrncnL<;'; - .. .. I.. .- . .....-.. -. . ... - . . - . .-~~-:. -.-:..: -- .-. --- -. . - -- - .................. ..~~..... W~ I~ ~~- '"*= :-r.- -...:.~~ - 1.1'..1' ...... . ... ..- The ~_ ._-J tor~~~~C::) . . .,.,..,. I . . .. _ : '. r" . ~ ~ ~ - -.' ..::J ~ ,~~ -::J ACTION NO. ITEM NO. S-L{ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request from the schools to accept and appropriate funds totaling $20,000 for grant funds and contributions. APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~evyvUJVC'~@ SUMMARY OF INFORMATION: Roanoke County Schools requests that the Board accept and appropriate the following grants and contributions: 1. Roanoke County Schools collaborates with Family Service of Roanoke Valley to implement both school-based and after school service learning opportunities for our students. One hundred students are enrolled in Service Learning for the 2005-2006 school year. Teachers and Family Service of Roanoke Valley staffs will work with students through the direction of the Service Learning Advisory Board to expand projects and activities. A g rant award in the amount of $1 0,000 was received from the Academy for Educational Development for the State Farm Good Neighbor Service-Learning initiative and should be appropriated to the Service Learning program. 2. Roanoke County Schools and Bedford County Schools have a partnership and have established the Roland E. Cook Alternative School. The student assistance coordinator at the school was part-time. Bedford County contributed $10,000 to make the position full-time. The Alternative School budget will be increased by $10,000. FISCAL IMPACT: The Service Learning Program budget will be increased by $10,000, and the Roland E. Cook Alternative School budget will be increased by $10,000. AL TERNA TIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation offunds in the amount of $20,000 as outlined above. 2 ACTION NO. ITEM NO. s--s- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request from the Police Department to accept and appropriate funds in the amount of $4,500 from two Division of Motor Vehicle mini-grants SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge, Jr. County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~rronvL afY1-Ll-~@ SUMMARY OF INFORMATION: The following two grants from the Division of Motor Vehicles have been awarded to the Roanoke County Police Department: 1. Mini-grant in the amount of $1 ,500 that will be used to support the Police Department's efforts in working with the Blue Ridge Crash Investigation Team. The funds will be used to purchase small equipment that will be used to conduct traffic investigations. No matching funds are required. 2. Mini-grant in the amount of $3,000 that will be used to support the Police Department's efforts in reducing drivers operating motor vehicles while under the influence of alcohol. These funds will pay officers overtime to conduct DUI check points in Roanoke County. No matching funds are required. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of two Division of Motor Vehicle mini- grants in the amount of $4,500 to the Police Department budget, as detailed above. ACTION NO. ITEM NO. S-(P AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Request from the Information Technology Department to receive and appropriate reimbursement in the amount of $6,657~60 for time/resources committed as part of the 800MHz Rebanding project SUBMITTED BY: Elaine Carver IT Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: /2~L.'J"171-/f'h..Q~ ~ A r-. Jl Irl....... t1 ~. '~l..-C ~~ (/2Jjj SUMMARY OF INFORMATION: Funds in the amount of $6,657.60 were received from SprinUNEXTEL as reimbursement for tjme/resources committed by Roanoke County Communication Shop to complete the planning for Phase I of the 800MHz Rebanding project. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends accepting and appropriating SprinUNEXTEL funds in the amount of $6,657.60 to reimburse the Informatjon Technology Communication Shop for time/resources committed to complete the Phase I planning for the 800MHz rebanding effort. N~' GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA 0/0 of General Amount Fund Revenues Prior Report Balance $11,808,285 7.570/0 Addition from 2004-05 Operations 1 ,103,457 Audited Balance at June 30, 2005 12,911,742 Unallocated revenue 2005-2006 350,000 Balance at April 25, 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 7.50/0-8.50/0 of General Fund Revenues 2005 - 2006 General Fund Revenues $156,020,489 7.50/0 of General Fund Revenues $11,701,537 8.50/0 of General Fund Revenues $13,261 ,742 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIPJ 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.OO) Rescue Station 12/20/2005 Contribution to the Town of Vinton for the War Memorial Expan (100,000.00) 2/28/2006 Appropriation for construction of a new school warehouse (40,244.50) Barance at April 25, 2006 $5,834,217.50 $5,000,000 of this reserve is being used to upgrade Public Safety Radio System Major County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportu 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 April 25, 2006 $679,628.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator N-~ nities. ) N-~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2005-2006 Original Budget $100,000.00 August 9, 2005 Appropriation for Legislative Liaison ($15,000.00) September 13, 2005 Appropriation for donation to American Red Cross ($10,000.00) for assistance with Hurricane Katrina October 25, 2005 Appropriation for the purchase and installation of a ($1 ,800.00) neighborhood sign in the Delaney Court Community 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 VMLN ACO APCO Steering Committee February 28, 2006 Appropriatjon for Volunteer Appreciation nSpring FlingU ($7,000.00) March 28, 2006 Appropriation for June 13, 2006 primary ($18,950~00) March 28, 2006 Appropriation for the relocation of several polling places ($2,750.00) April 11, 2006 Appropriation for restroom facilities at Starkey Park ($10,000.00) Balance at April 25, 2006 $23,297.00 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 $ 6,242,387 FY 2005-2006 Original budget appropriatia 2,000,000 Less increase in debt service (3,424,615) Add Economic Development Dropoff 524,000 (900,615) FY 2005-2006 Annual Capital Contribution Cou nty 300,000 Schools 300,000 600,000 Balance at April 25, 2006 $ 5,941,772 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge County Administrator ACTION NO. ITEM NO. 1Y-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Accounts Paid-March 2006 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge County Adminjstrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,712,736.48 Payroll 03/10/06 868,990.66 112,646.15 981,636.81 Payroll 03/24/06 815,700.62 207,103.04 1,022,803.66 Manual Checks 139.08 139.08 Voids Grand Total $ 6,717,316.03 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. dJ dJ l 0 ~ "= .~ ... > ~ .::.:: o = ~ o cz::: ~ o ~ .... = :::::l o U :E <r: N ~ ~ :g ~ 0\ -a o o t! :;;: ~ = o ; 0= .i: c. o I. C. C. -( "C = ~ ~ CU U = ~ ... .c e = u = ~ ~ CU 2r.o = .1:: "C = CU C. ~ ~ """'" Q ~ :::::l "C QJ ..c u rJJ ~ ...c """ QCIl""Cl e =t: C :J t. lloI ~ ~ J CIl ] ~r.J~ ;= ,. u u c E ~ i .2 e Q 1 e f Q,l c ... :Q., ~ CIlI ~ ~ ~ \C ~ ...... ~ ~ o "'CI ~ "'CI = ~ "'CI o 'C ~ ~ -= -= o :; C\ o <r.I 'f 10.0 o ~ a M 00 ""'" N ~oON \0 \0 \0 "8 .R E ~ = c u CII C "ii ~ = ~ N 00 0\ c:cx:~ Vi M 0'-. 0-. M ...0 0-. 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Q\ vi U c 0 QO ClJ I'f1 E q"l \Q ClJ '5 t- ~ ~ ... V5 = ~ CI) "; Q ~ '0 I: f CJ "'CI C = ~ 1! q"l c q"l CJ g ~ ~ < M 0 ....... N ~ ~ w. 0:.. "Cl C =' ~ 0\ o ~ L: 1.0 3 ~ ("j o 1.0 o o M l E lJ.I -5 c o ::;: ] !:l c l.Ll u o ~ o c.. ~ ] !:l c lJ.I I:i) c :.a c ~ co::I tU >- ~ ~ fV-l PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Contingency 12/03/04 Opening Balance $ 26,030,769 $ 780,923 01/27/05 Change Order (001) 21 ,065 (21 ,065) 01/27/05 Change Order (002) * 53,835 01/28/05 Progress Payment #1 (1 ,456, 157) 02/24/05 Progress Payment #2 (403,222) 03/24/05 Progress Payment #3 (375,678) 05/13/05 Progress Payment #4 (855,272) 06/1 0/05 Progress Payment #5 (401,210) 06/20/05 Change Order (003) - Establish Guaranteed Maximum Price (51 ,387) 51 ,387 06/28/05 Change Order (004) - Foundation change 319,034 (319,034) 07/14/05 Progress Payment #6 (378,417) 07/27/05 Progress Payment #7 (445,669) 08/1 0/05 Progress Payment #8 (759,513) 08/23/05 Change Order (005) - Sewer Line ReplacemE 124,407 (124,407) 1 0/05/05 Progress Payment #9 (774,442) 1 0/13/05 Change Order (006) - Convert Citations and Warrants Databases no cost 1 0/20/05 Progress Payment #1 0 (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 lir 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 ) 01/20/06 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) 04/05/06 Progress Payment #15 (1 ,464,883) Balance at April 14, 2006 $ 14,040,816 $ 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 rl- 'Z PUBLIC SAFETY CENTER BUILDING PROJECT CHANGE ORDER REPORT COUNTY OF ROANOKE, VIRGINIA Change Order Number Date Approved Description of Change Order Amount 001 January 27 J 2005 6 GHz Microwave and Vinton Related Costs $ 21 ,065 002 January 27 J 2005 Delete several CAD servers, add CAD and related CAD software (paid from departmental E911 funds) 53,835 003 June 20,2005 Establish Guaranteed Maximum Price (GMP) (51,387) 004 June 28,2005 Revised foundation due to soft soils 319,034 005 August 23, 2005 Replace the sanitary sewer line 124,407 006 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 cos t 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 cas t 011 January 3, 2006 Changes to the Evidence Storage Room 24J 621 012 January 20,2006 Modifications to voice radio transition plan 84J060 Total as of April 14, 2006 $ 579,372 Submitted By, Dan O'Donnell Asst. 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: April 25, 2006 AGENDA ITEM: Report from the Virginia Department of Transportation (VDGT) of changes to the secondary road system in February 2006 SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: 12U~JrrVn-lL~ ~@ 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 February 2006. All changes to the secondary system, with the exception of legal discontinuances, are effective the day they are approved by the Director of the Local Assistance Division. ..:\ 'C V) c V) ~ ~ ~ ~ c ~ ~ ~ -::: .~ ~ ~ t:I ..... ~ ~ ~ ..... 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CI.) :z. e; ....., Q ~ - ~ 3 u ~ tI:l ~ ACTION NO. ITEM NO. ~-l 0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Report of Clajms Activity for the Self-Insurance Program for the period ended March 31, 2006 SUBMITTED BY: Robert C. Jernigan Risk Manager APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA liON: In accordance with the Self-Insurance Program, Ordinance 0-061494-61 Section 2-86~C, attached is the Fiscal Year to Date claims activity report including the Third Quarter that ended March 31 , 2006. Attachment A - Auto, Attachment B - General liability. I- 0::: o D.. W 0::: VJ w W I- en ::J 0::: I- W U Z ~ ::J VJ Z ""i" LL ..J W VJ co a "'=t lO "I a ~ ('I") ~ T""" ~ cD ~ Lti "'=t f'.. N 0) 0) LC co lO T""" M cD T""" CD o o C"\I ... .... 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Q.) rJ) en o 0 <3: U o U ~ i 81818 <t: ; <2: <t: >j > > ~ 0 E >. 00 C Q.) ~ E 0 Q.) E > ClJ >. C- oO ~I -g! "0: C) 0.' ~I E1 ::::::l ro ~i J2 ~ ;1 U') ~ co ro :c ~ Q.) Q.) <3 16 II :.c > Q) .C' > c. enl EI E,! ~; ~i .[Tj o~ U' u UI C C rJ)' Q.) ~ E N ~ ~ u u Q.) Q.) Q.) ~I cn, (;): (;)' (IJ' (lJ ro co s: ~ ~ ~ :2 i :2 :!2 ~ Oi 15 (5 "'5 .. (/)t (f) (j) (j) ~I LO I,,() 0 0 ~I 0 N N ;::~ ei 0 N; co: eni m! I I .:.::: 0' ::::::l' .=' I T'"" c: 15 0 00 I ~ Q) Cl Q.) Ct1 Q.) c.. ::. o a o 01 a C? ~ o 0 m i _~L~I w J o. 0 U' U ~ Q) (/) o U I ---,' ID~ CD! coJ CI CUI :2' ~ en Ci: 1J--1 ! I I ! I -t' o U ~ ..c ~ Ct1 Q.) rJ) C) c: .C ::::::ll "'0; "0: tl1l ~I ~ ~ ~; Cti' 00 0: ~ ~i -g il'l - (lJ, ~I ~! ! -~LT1-: Q) (/)' .~, ~I 0' C- o.. I c.o' c.o 0 0 0 0 N N 0 a T'"" ~! - T'"" I . 1; . I .... ._--~ , I \ I ! I : r-- I ! I 1 -~- i I I I I OJ c Q.) E ..c o (lJ ~ <( ~t- ,z 'L1J :i >- ":::'~ '0 :z '> :, ...;;c' ,\:'w :<-:> ::,,:::ffi: ':<Sl 'cr: W l- e( ,..0 ::,:0: '~ >:~.a: ::"'~ H::~ QIoultt~ of ~onltok~ t (l(:~~~lrtiUl1 c. .~ z ~ ~ ~ DECLARING APRIL 19,2006, AS J.J. REDICK DAY IN THE COUNTY OF ROANOKE WHEREAS, J.J. Redick has had an outstanding basketbaU career at both Cave Spring High School and Duke Unlverstty; and WHEREAS. Mr. Redick led his high school team to the Vlrginia AAA state championship In 2002; set a three-game statB tournament record for points and thrBe~polnt field goals; and was Virginia's ail-time AAA leading scorer; and WHEREAS. Mr. Redick's high school honors Included being named a McDonald', Ail-American, the Most Valuable Player at the McDonald's game, and Its three-point competlUon winner; and being named the Virginia Player of the Year by four different groups during his senior year; and WHEREAS, Mr. Redick is pursuing a degree In History at Duke University with a minor in Cultural Anthropology and will graduate In May 2006; and WHEREAS, during Mr. Redick's college career, the Duke Blue Devils won three Atlantic Coast Conference (ACe) Championships; advanced to four National Collegiate Athletic AIsoclation (NCAA) tournaments, including three Sweet Sixteens and one Final Four; and during his senior sealon, the Blue Devils were ranked Number 1 In the national polls throughout most of the year; and WHEREAS, during Mr. Redick's college career, he became the leading scorer In Duke basketball hJstory; the ACC all.tlme leading scorer; and the NCAA career leader in three..polnt field goals; and WHEREAS, Mr. Redick's many honors Include beIng named ACe Player of the Year for the second consecutive year; Associated Prell (AP) Player of the Year; and U.S. Basketball Wrtters Association (USBWA) Co..Player 0' the Year; and WHEREAS, Mr. RedIck alBa received the Naismith Trophy; the John R. Wooden Award; was named one of ten finalists for the 2005 Sullivan Award; and received the Adolph F. Rupp Trophy for the second consecutive year, becoming onB of only three players to win the award multiple times; and WHEREAS. Roanoke County is proud of Mr, Redick and wishes to commend him for his determination to acquire a quality educatron while pursuing hI. love of basketball, and for beIng a positive role model, both on and off the balketbaU court; and WHEREAS, Mr. Redick wJII be recognized on April 19 by th, Virginia Gsneral Assembly and at an Bvent to be hsld In Roanoke for his extraordfnary talents and commitment to the sport or basketball. as well as for his dedIcation to his family and the community. NOW THEREFORE, WE, the Board of Supervisors of Roanoke County. Virginia. do hereby proclaim and recognize AprU 19, 2006. as J.J. REDICK DAY in the County of Roanoke, Virginia, and congratutate Mr. Redick upon his o utstan ding accompU sh m antI. ~gtt;1Jstracor fJM'Q)~. ~ Clane S. ChUde , CI rk to the Board \Y\~o..~ MlchaeJ A. Wray, Chairman - -- - \ Ntv~... ~ 1,1'I:'~JI_ I (1 .w~_ - 'l' .tt_"'~*~ ~~ - i\ (:~Ci~~I:O'~ ~f'~t '\ o l't' \ '" ... , ., ~ . :r k" I r r l' \- I ':1" ~' _:~. ': 1" ,". I, ' 1 ~'~,.,,' ~.;:,," .' -=r ~. r: 1 ~ '"' . ,.... ~~....i- *'4+' . .' ..~I' ~~. ~,"\. . ~ ~. f 1"'. ,"9f!+.. .,. / - /p'"J'.. ' I ~I,!, " .," t f I ,~ ~ : '~1'~f~~f1'.r'-( I f. ~ 1" ~ : '. ~ :~~i) G .-:t=-\~,,- Richard C. Flora /v-II Co) fv --- \ \ ( h') arnultt~ nf ~naltnk.e X (l(:~~~lltinl1 ~ . .... ';XJ C') ~ ~ DECLARING APRIL 28, 2006, AS NATIONAL ARBOR DAY IN THE COUNTY OF ROANOKE WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, 2006 is the 134th anniversa ry of Arbor Day which is now observed throughout the nation and the world, and will be celebrated in Roanoke County on Friday, April 28, 2006; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our county increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted. are a source of joy and spiritual renewal. NOW, THEREFORE, WE, Michael A. Wray, Chairman of the Board of Supervisors of Roanoke County, Virginia, and Richard C. Flora, Supervisor, do hereby proclaim April 28, 2006, as NATIONAL ARBOR DAY in Roanoke County; and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. ~s.~ \'l'~Q,. W~ Michael A. Wray, Chairman Diane S. Childers, Clerk ---z ,~J:> (. ~ o.t .... Richard C. Flora, Supervisor Hollins Magisterial District Qlount~ of ~oanok-c t(lC~~~lltial1 fl. ii (C) DECLARING APRIL 30 THROUGH MAY 6,2006, AS MUNICIPAUCOUNTY CLERKS WEEK IN THE COUNTY OF ROANOKE WHEREAS, the Office of the Municipal/County Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal/County Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal/County Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal/County Clerks have pledged to be ever mindful of their neutrality and impartiality, rending equal service to all; and WHEREAS, the Municipal/County Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal/County Clerks continually strive to improve the administration of their office through participation in education programs, seminars, workshops, and the annual meetings of the;r state, province. county, and international professional organizations. NOW THEREFORE. I, Michael A. Wray, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim and recognize April 30 through May 6, 2006, as MUNICIPAUCOUNTY CLERKS WEEK; and FURTHER, extend appreciation to Diane Childers, Clerk to the Board; Brenda Holton, Deputy Clerk to the Board; Mary Brandt. Office Support Specialist; and to all Municipal/County Clerks for the vital services they perform and their exemplary dedication to the communities they represent. !1mu/~. a1dwv Diane S. Childers, Clerk \'I.'~Q. W:4 Michael A. Wray. Chairman ,. /-~' ...~.......~....... --.....-.... .....>..-,:. .-..:-::-.,~~-_..., -,.:..'" . -.:.. ..... < . ...~ " ?, ...... ~ . ." .; '~ ,- i::}' :: -:-: . ~: p.'. ": :'.:. ~ :.. < ~ -"'r ~~~~. '., ii>,..t..: /.; }" ~_~. ..r -~.;.~.:: ..-~.;~~- '-., /",-",...~ 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: April 25, 2006 AGENDA ITEM: Work session to discuss and finalize fiscal year 2006-2007 budget SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to discuss and finalize the FY2006-2007 budget. Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke CountYI 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 J 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~ s - 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Presentation of and public hearing for the proposed budget for fiscal year 2006-2007 and the fiscal year 2007-2011 Capital Improvements Program SUBMITTED BY: Elmer Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a presentation of and public hearing for the proposed annual budget for fiscal year 2006-2007 and the fiscal year 2007-2011 Capital Improvements Program. This will include an overview of the proposed budget by the County Administrator and staff. A summary of the proposed budget was advertised in the Roanoke Times on April 18, 2006, and information previously discussed with the Board regarding the proposed budget has been distributed to all Roanoke County libraries. Beginning late last summer, the Board and staff worked closely together to review local revenue estimates, state funding issues, capital improvement projects, health insurance costs, and other costs of operations. In addition, the Board has hosted presentations from operating departments and Human Service, Cultural, and Tourism agencies to hear and then consider each group's budget requests for fiscal year 2006-2007. This overview outlines the major issues and funding needs that have been addressed in prior work sessions. The remainder of the budget process is as follows: . May 9,2006 . May 23~ 2006 . May 23, 2006 1 st reading of the Appropriation Ordinance 2nd Reading of the Appropriation Ordinance Adoption of Annual Budget and Capital Improvements Plan County of Roanoke Proposed Budget Fiscal Year 2006-2007 April 25, 2006 County of Roanoke Proposed FY2006-2007 Budget Table of Contents County Administrator's Message.............................................. Fin a n cia I 5 u m m a ri es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 Summary of Proposed Budget............................................... 1 General Government Revenue Summary... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 General Government Expenditure Summary... ... ... ... ... ... ... ... .... 4 Department Expenditure Summary........................................ 5 Cap ita I Imp ro v em e n t Pro g ra m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 FY07 -11 Summary of Capital Projects (Funded)....................... 7 FY07-11 Summary of Capital Projects (Unfunded).................... 8 Contribution Requests..... ........................................................ 10 Health and Human Service Agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 Cultural, Tourism, and Other Agencies... ... ... ... ... ... ... ... ... ... ..... 12 Additional Funding Requests................................................... 14 Summary of Additional Funding Requests (Unfunded)............... 14 Detail of Additional Funding Requests (Unfunded).................... 15 Additional Position Requests (Unfunded)................................ 19 County of Roanoke FY2006-2007 Proposed Budget The staff and I are pleased to present this Proposed FY 2006-2007 Budget to the Board of Supervisors and citizens of Roanoke County. This budget represents the priorities of the County as expressed by the Board of Supervisors, the School Board, the citizens, and staff and allows us to improve or maintain existing service levels in order to responsibly plan for the long-term welfare of our community. The budget is balanced, not only within existing tax rates, but includes a reduction in the real estate tax rate from $1.12 to $1.11. This reduction provided tax relief in the amount of$665,000 to the taxpayers of Roanoke County. In addition, enhancements to the Real Estate Credit for the Elderly and Disabled program were approved by the Board of Supervisors. These changes increased income and net worth limits for citizens over age 65 or who are disabled to become eligible to freeze their real estate assessments. While this proposed budget provides for the many needs that exist in our community, there is still some uncertainty in bringing the final budget to resolution. At this date, the Virginia General Assembly has not approved a FY2006-2007 state budget. The current stalemate in state budget deliberations revolves mostly around transportation funding; therefore, we do not anticipate these issues to significantly affect our projected local funding for the County or Schools. If unforeseen actions by the General Assembly adversely affect projected state revenues, the Board of Supervisors and staff will have to reevaluate the proposed budget and make adjustments as needed. Additional highlights of the Proposed FY2006-2007 budget are as follows: Revenues . General Government Fund revenues are projected at $151,667,991--an increase of 5% over last year's beginning projections of$144,392,088. Real Estate, Personal Property, Sales Tax, and Business License revenues continue to provide consistent, stable growth with which to fund needed services. . Roanoke County currently enjoys a stable and diverse economic base that is further enhanced by economic development initiatives. While also promoting economic vitality in the Roanoke Valley, 3 recent projects will provide $275,000 of direct tax revenue to the county in FY06-07 through real estate, personal property, and business licenses- Tecton, ITT, and Cox Communications. Public Safety Roanoke County has made great strides in providing for the public safety needs of its citizens as the needs have grown and changed. Since 2001, the county has added 57 positions to the Fire and Rescue Department and 23 positions to the Police Department. As our population grows and our demographics change, so does our need to safeguard the public. The following public safety needs have been addressed in the budget: . 6 new Uniform Patrol Officers were added to current year's staffing in the Police Department. This staffing increase represents an additional patrol district in order to reduce response times. . FY06-07 Proposed Budget includes 6 additional Uniform Patrol Officers to meet growing community need. The additional officers represent an additional patrol district; thereby reducing the size of existing patrol districts in order to reduce response times. Caoital Proiects/Infrastructure Needs Again this year, the Board of Supervisor's appointed Capital Improvement Program (CIP) Review Committee worked through the winter months to evaluate and prioritize submitted capital projects and made recommendations regarding capital planning and maintenance for County facilities. Due to the work and diligence of this committee and the support of the Board of Supervisors, a number of capital projects and initiatives have been implemented: . Increased County funding for joint County/School capital program by $300,000. Last year, the Board of Supervisors and the School Board agreed to set aside $600,000 ($300,000 each) to fund future capital projects and to increase the fund by an additional $600,000 ($300,000 each) every year. . The new Public Safety Center is scheduled to open in the fall of 2006. Operating costs of $250,000 for the partial year is included in General Service's budget. . The new Regional Jail that includes partners Salem, Montgomery County, and Franklin County will begin operations in FY2008. Renovations to the existing Roanoke County-Salem jail will be phased-in over 5 years and $500,000 from the year-end fund balance will be used to begin renovations in FY06-07. . The proposed CIP for FY2007-FY2011 identifies funding for additional projects including the following: o 800 MHz Radio System Upgrade o County Garage Facility o South County Library o Garst Mill Park Improvements Emolovee Benefits Our most important asset in providing quality services to the citizens of Roanoke County is our employees. The proposed budget includes the following items to ensure we are able to attract and retain a competitive workforce: . Funding has been included to provide an average pay increase of 4%, based on performance, totaling $1,700,000. . Health Insurance increases of approximately 8.5% are being shared equally with employees, with the County's cost at $640,000. 11 . After a 3 year premium holiday, VRS Life insurance contributions were reinstated for FY06-07 at a cost of $500,000. Other Considerations . Community Development: To meet the complex and evolving needs of our development community, a reorganization of this area was implemented during the current year. These changes will provide better customer service and coordination for critical services that affect our community and include the areas of highways/transportation, planning, zoning enforcement, and building inspections. The cost is approximately $400,000. . To maximize state matching funds, an additional $500,000 is being proposed to be allocated from year-end fund balance to the VDOT Revenue Sharing program. This will increase the total County allocation to $1,000,000. . Continued state mandated program cost for the Community Policy and Management Team (CPMT) has resulted in an increase in funding for FY06-07 in the amount of $500,000. This increase was split equally with Schools. . $200,000 has been included for instructional programs related to the construction of the new Art Museum of Western Virginia in partnership with Roanoke County Schools. Conclusion This is a very good budget. We have been able to address many needs; however, there are many requests that have been unfulfilled. While we were able to fund 12 new police officers, we were not able to fund the Police Department's request for 6 additional officers. In addition, increased staffing requests from Fire and Rescue were not granted. Departmental operating cost increases for gasoline and utilities have also not been funded and will be absorbed by the affected departments. While we have met many of the County's critical capital needs, there is still a large list of capital projects and maintenance needs that were deferred to later periods. Future budgets will need to include operating costs for our share of the new regional jail and allocations will need to be provided for renovations to the existing jail facility. We must keep this in mind as we begin planning the next budget cycle. I would like to thank the Board of Supervisors for their hard work and guidance through this year's budget process. The Office of Management and Budget is also to be commended for their work in organizing and facilitating changes in the process and providing information needed for informed decision making. In addition, I would like to thank the School Board and staff for their cooperation and willingness to work with the Board and County staff to bring together a plan that provides for all the citizens of Roanoke County. 111 County of Roanoke Summary of Proposed 2006-2007 Budget Revenue Estimates General Fund General Government General Property Taxes Local Sales Tax Business License Tax Utility Consumer Tax Motor Vehicle License Tax Recordation/Conveyance Tax Meals Tax Cellular Phone Tax Other Local Taxes Permits, Fees & Licenses Fines and Forfeitures Interest Income Charges for Services Commonwealth Federal Other Amount Total General Fund $ 104,341,925 8,060,000 5,369,500 4,700,000 1,865,000 1,550,000 3,090,000 1,455,000 2,655,000 633,100 696,500 604,000 2,896,750 9,392,866 3,470,000 888,350 151,667,991 883,959 5,976,206 41,648 289,718 430,063 988,589 3,646,397 376,702 164,301,273 4,468,740 4,153,442 971,706 127,465,088 4,637,000 9,403,876 5,013,800 1 ,153,676 1,302,185 399,495 488,731 323,759,012 (84,852,828) 238,906,184 Total General Government E-911 Maintenance Comprehensive Services Law Library VJCCCA/Life Skills S B & T Building Recreation Fee Class Internal Services - Information Technology County Garage Debt Service Fund - County Capital Projects Fund Internal Service Fund School Operating Fund School Nutrition Fund School Debt Service Fund School Grants Fund School Capital Fund School Textbook Fund School Laptop Insurance Reserve Regional Alternative School Total Revenues All Funds Less: Transfers Total Net of Transfers County of Roanoke Proposed Expenditures General Fund General Government General Administration Constitutional Officers Judicial Administration Management Services Public Safety Community Services Human Services Non-Departmental Transfers to School Operating Fund Transfers to School Insurance - Dental Transfers to Capital Fund Transfers to Debt Service Fund Transfer to Comprehensive Services Transfer to County Garage Other Amount Total General Fund $ 2,977,744 9,753,648 1,110,435 3,051,708 20,893,891 11,879,996 15,938,382 7,620,545 58,813,115 427,299 4,153,442 10,686,888 3,153,000 136,192 1,071,706 151,667,991 883,959 5,976,206 41,648 289,718 430,063 988,589 3,646,397 376,702 164,301,273 4,468,740 4,153,442 971,706 127,465,088 4,637,000 9,403,876 5,013,800 1 ,153,676 1,302,185 399,495 488,731 323,759,012 (84,852,828) 238,906,184 Total General Government E-911 Maintenance Comprehensive Services Law Library VJCCCA/Life Skills S B & T Building Recreation Fee Class Internal Services - Information Technology County Garage Debt Service Fund - County Capital Projects Fund Internal Service Fund School Operating Fund School Nutrition Fund School Debt Fund School Grants Fund School Capital Fund School Textbook Fund School Laptop Insurance Reserve Regional Alternative School Total Expenditures All Funds Less: Transfers Total Net of Transfers 2 I'- o o N I ~(D caO E~ E> ~L1. 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Q) c: Q) C) ns ...... o I- County of Roanoke Department Expenditure Summary Adopted 2005-2006 and Proposed 2006-2007 Budget Adopted 2005-2006 Budget Proposed 2006-2007 Budget General Government General Administration Board of Supervisors County Administrator Public Information Asst Co Administrators Human Resources County Attorney Economic Development Total General Administration 361,764 262,241 216,000 327,241 571,579 463,917 626,453 2,829,195 376,293 279,344 237,267 351,339 599,395 485,168 648,938 2,977,744 Constitutional Officers Treasurer Commonwealth Attorney Commissioner of the Revenue Clerk of the Circuit Court Sheriff's Office Total Constitutional Officers 744,601 692,251 714,563 900,043 6,215,370 9,266,828 743,634 764,594 761,784 956,528 6,527,108 9,753,648 Judicial Administration Circuit Court General District Court Magistrate J & DR Court Court Service Unit Total Judicial Administration 197,068 197,068 40,878 40,878 1,655 1,655 13,429 13,429 857,405 857,405 1,110,435 1,110,435 964,134 873,796 1,125,980 1,200,855 330,476 330,476 233,649 253,492 372,953 393,089 3,027,192 3,051,708 9,376,871 10,565,379 9,671 ,918 10,328,512 19,048,789 20,893,891 Management Services Real Estate Assessments Finance Public Transportation - CORTRAN Management and Budget Procurement Services Total Management Services Public Safety Police Department Fire and Rescue Total Public Safety 5 County of Roanoke Department Expenditure Summary Adopted 2005-2006 and Proposed 2006-2007 Budget Adopted Proposed 2005-2006 2006-2007 Budget Budget Community Services General Services 4,917,125 5,033,039 Community Development 4,272,011 4,874,454 Building Maintenance 1,669,114 1,972,503 Total Community Services 10,858,250 11,879,996 Human Services Grounds Maintenance 1,905,251 2,020,199 Parks and Recreation 2,566,833 2,723,079 Public Health 494,668 509,668 Social Services Administration 4,074,050 4,462,957 Public Assistance 2,619,500 2,619,500 Institutional Care 33,100 33,100 Contributions 467,251 686,491 Library 2,375,070 2,502,514 V A Cooperative Extension 94,129 94,129 Elections 273,147 286,745 Total Human Services 14,902,999 15,938,382 Non-Departmental Employee Benefits 3,127,348 3,207,822 Internal Service Charges 2,911,245 3,371,223 Miscellaneous 966,500 1,041,500 Total Non-Departmental 7,005,093 7,620,545 Transfers to Other Funds Transfer to Debt-General 3,603,596 3,594,881 Transfer to Debt-School 7,433,677 7,092,007 Transfer to Capital 3,436,208 4,153,442 Transfer to Schools 57,260,071 58,813,115 Transfer to Schools Non-Recurring Transfer to Schools Dentallnsuran( 407,299 427,299 Transfer to Internal Services 964,505 971,706 Transfer to CPMT-County 1,354,000 1,604,000 Transfer to CPMT-Schools 1,299,000 1,549,000 Transfer to Garage II 134,951 136,192 Total Transfers to Other Funds 75,893,307 78,341,642 Unappropriated Balance Board Contingency 450,000 100,000 Total Unappropriated Balance 450,000 100,000 Total General Government 144,392,088 151,667,991 6 E co s..... 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E S ~ ~ ~ ::t:: .s 9 FY05 FY06 FY07 FY2007 Adopted Adopted Request Proposed $10,000 $10,300 $1,300 $1,000 $4,200 $400 $0 $400 $5,200 $1,500 $500 $19,100 $5,500 $3,500 $1,000 $100 $7,500 $1,200 $3,300 $3,000 $2,000 $0 $10,000 $2,500 $10,000 $200 $7,500 $4,300 $1,268 $200 $0 $400 $5,000 $1,700 $5,000 $1,900 Property $0 $2,000 $1,000 $31,524 $15,400 $1,500 $800 $500 $0 $1,500 $200 $1,000 $200 $3,000 $1,400 $8,500 $900 $2,500 $1,600 $12,000 $700 $2,700 FY2006-2007 Agency Funding Requests Health and Human Service Agencies Agency Name Adult Care Center of the Roanoke Valley American Red Cross Bethany Hall Big Brothers and Big Sisters of Roanoke Valley Blue Ridge Independent Living Center Blue Ridge Legal Services, Inc. Boys & Girls Clubs of Southwest Virginia Bradley Free Clinic Brain Injury Services of SWVA Camp Virginia Jaycee, Inc. Child Health Investment Partnership (CHIP) Children's Advocacy Center of the Roanoke Valley, Inc Commonwealth Search and Rescue (Daleville) Conflict Resolution Center, Inc. Council of Community Svcs - Info and Referral Center Council of Community Svcs - Nonprofit Resource Center Court Appointed Special Advocate (CASA) Eastern Appalachian Teen Challenge, Inc. Family Service of the Roanoke Valley Fifth Planning District Commission Disability Svc Board Good Samaritan Hospice, Inc. Goodwill Industries of the Valleys Habitat for Humanity - Cash Donation Habitat for Humanity - Property Donation Literacy Volunteers of Roanoke Valley LOA Area Agency on Aging Mental Health Association National Conference for Community and Justice National Multiple Sclerosis Society Presbyterian Community Center Roanoke Area Ministries Roanoke Valley Interfaith Hospitality Network Roanoke Valley Speech & Hearing Center Roanoke Wildlife Rescue Saint Francis of Assisi Service Dog Foundation 10 FY2006-2007 Agency Funding Requests Health and Human Service Agencies FY05 FY06 FY07 FY2007 Agency Name Adopted Adopted Request Proposed Salem/Roanoke County Community Food Pantry - Operating 10,000 $5,000 Salvation Army $4,000 $2,400 Smith Mountain Lake 4H Camp $2,500 $0 Southeast Rural Community Assistance Project, Inc. $6,000 $400 Southwestern Virginia Second Harvest Food Bank $10,000 $4,900 TAP $31,000 $29,400 TAP - Dumas Center $0 $0 TAP - Transitional Living Center $19,400 TRUST $4,900 YMCA - Partners of Youth $1,500 YWCA of the Roanoke Valley $0 Sub- Total $145,050 $152,500 $358,644 $155,700 Contractual Relationship for Services: Blue Ridge Behavioral Healthcare $118,585 $11 $142,609 $130,000 Grand Total Health & Human Services $263,635 $272,100 $501,253 $285,700 11 FY2006-2007 Agency Funding Requests Cultural, Tourism and Other Agencies FY05 FY06 FY07 FY2007 Agency Name Adopted Adopted Request Proposed Art Museum of Western Virginia 1 $667 $1 ,400 $0 $0 Arts Council of the Blue Ridge $2,000 $2,500 $5,000 $2,700 Blue Ridge Soil and Water Conservation District $1,200 Blue Ridge Vision Film Festival $400 Center in the Square Operating $37,700 Clean Valley Council, Inc $1,200 Downtown Music Lab $1,000 Friends of the Blue Ridge Parkway $10,000 Harrison Museum of African American Culture $2,083 $2,000 $1,900 History Museum & Historical Society of Western Va. $7,500 $7,700 $8,400 History Museum & Historical Society of Western Va. - O. Winston Link Museum $1 ,000 $2,000 $6,000 $2,900 Jefferson Center Foundation $667 $1 , 1 00 $10,000 $1,200 Julian Stanley Wise Museum 2 $0 $0 Mill Mountain Theatre $6,400 Mill Mountain Zoo $7,000 Mill Mountain Zoo - Capital Request $900 New Century Venture Center $1,000 Opera Roanoke $600 Roanoke Ballet Theatre $400 Roanoke Higher Education Center $10,700 Roanoke Symphony $6,400 Roanoke Valley Sister Cities $2,400 Salem-Roanoke Baseball Hall of Fame $2,600 Science Museum of Western Virginia $17,000 Shenandoah Valley Travel Association $0 Small Business Development Center $3,500 Tri-County Lake Administrative Commission (TLAC) Smith Mtn Lake $9,400 Vinton Chamber of Commerce - Business Recruitment $3,000 Vinton Dogwood Festival $1,000 Virginia Amateur Sports $50,000 $44,400 Virginia Museum of Transportation $10,000 $6,000 Western Virginia Land Trust $10,000 $1,900 Williamson Road Area Business Association $10,000 $1,000 Young Audiences of Virginia, Inc. $667 $900 $1,550 $1,100 Sub-Total $184,417 $201,300 $387,350 $195,300 12 FY2006-2007 Agency Funding Requests Cultural, Tourism and Other Agencies FY05 FY06 FY07 FY2007 Agency Name Adopted Adopted Request Proposed Dues & Per Capita: Economic Development Partnership $140,054 $140,732 National Association of Counties Roanoke Regional Chamber of Commerce - Dues Roanoke Valley Alleghany Regional Commission Roanoke Valley Convention and Visitors Bureau Salem/Roanoke County Chamber of Commerce VA Western Community College - Scholarship Vinton Chamber of Commerce - Dues Virginia Association of Counties $15,732 $17,640 $18,000 Virginia Institute of Government Membership $0 $0 $5,000 $0 Virginia Municipal League $8,277 $8,277 $9,281 $9,281 Sub-Total $357,641 $365,488 $407,085 $382,785 Greenway Commission Grand Total Cultural, Tourism & Other $559,458 $584,388 1 Operating request was not submitted due to previously approved Board contribution of $200,000. 2 No request received, phone message indicated agency was in process of moving to a new location. 13 $824,035 $29,600 $607,685 FY2006 - 2007 Additional Department Funding Requests (Unfunded) Summary Human Services Elections 3,000 Library 152,435 Parks and Recreation Recreation 52,130 Grounds Maintenance 164,300 Human Services Totals $ 371,865 Community Services General Services 158,380 Community Services Totals $ 158,380 Constitutional Officers Commissioner of the Revenue 57,453 Sheriff 223,484 Commonwealth Attorney 285 Constitutional Officers Totals $ 281,222 General Administration Clerk, Board of Supervisors 30,000 Public Information Office 18,516 General Administration Totals $ 48,516 Judicial Services J & 0 Courts 2,500 Judicial Services Totals $ 2,500 Management Services Public Transportation 69,524 Management Services Totals $ 69,524 Internal Services Information Technology 228,172 Internal Service Totals $ 228,172 Public Safety Fire and Rescue $1,139,253 Police 1,520,084 Public Safety Totals $ 2,659,337 Total $ 3,819,516 14 .-.. 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T-l PETITIONER: CASE NUMBER: Grant Avenue Development 20-11/2005 Planning Commission Hearing Date: April 4, 2006 (Continued from November 1, 2005 and December 6, 2005, March 7, 2006) Board of Supervisors Hearing Date: April 25, 2006 (Continued from November 15, 2005 and December 20, 2005, March 28, 2006 ) A. REQUEST The petition of Grant Avenue Development, Inc. to rezone 1.3014 acres from C-1, Office District and .0786 acres from C2C General Commercial District with Conditions to C-2C, General Commercial District with Conditions and to obtain a Special Use Permit for the construction of a fast food restaurant with drive-thru, located at 3814 Challenge~ Avenue, Hollins Magisterial District. (Withdrawn by request of the petitioner) B. CITIZEN COMMENTS Mr. AI Moyer spoke in opposition of the Grant Avenue Development application citing traffic safety concerns regarding entrance and exits from the site. Specifically he referred to the crest of the hill in relation to the potential entrance to the site and the potential for a traffic accident to occur at that location. Robert Patton spoke in opposition of the application saying that it would be better for an office use. Mr. Chris Craft spoke in favor of the Arby's restaurant stating that an Arby's Restaurant is a good use for the parcel. Mr. Travis Lang spoke in opposition of the application stating potential traffic accidents and congestion created by the site and the newly installed traffic light outweighed the need for a Fast Food Restaurant to be located on the site. C. SUMMARY OF COMMISSION DISCUSSION Ms. Kate Youngbluth presented the staff report. She recommended an additional condition to revise the site plan date to November 1, 2005 and to remove the Zoning Notes, Parking Requirements and Landscaping & Screening sections of the submitted concept plan. Mr~ Ed Natt spoke on behalf of Grant Avenue Development. He addressed concerns brought forth by the community meeting regarding traffic and lighting that the site would create. During his discussion of traffic impacts Mr. Natt quoted from a traffic study done by T.P. Parker & Son. In addition, Mr. Natt agreed to proffer a number of staff suggested conditions from the staff report. Mr. Steve Azar then asked Mr. Natt if the buffer shown on plan was the 30' buffer with 6' screening option of the zoning ordinance. Mr. Natt confirmed that the plan depicted the 30' buffer with 6' screening option. Mrs. Martha Hooker asked Mr. Anthony Ford if the 10' Right of way would be sufficient for a right turn lane on West Ruritan Road. Mr. Ford answered that he had not been apart of the T.P. Parker & Son conversation with VDOT regarding how much land would suffice for a right turn lane and that 10' seemed like it would be the minimum amount necessary. Mr. Paul Brown of T.P. Parker & Son spoke and said that up to 20' of right of way could be dedicated if VDOT choose to require the applicant to do so. Ms. Hooker then asked Mr. Ford if the six right-turn lane stacking spaces on West Ruritan would be enough to accommodate traffic generated from the site onto Route 460. Mr. Ford then explained that he had never received the traffic study report that Mr. Natt was quoting and would need further information to answer her question. Mr. Brown then confirmed that Mr. Ford had not received the report and that the draft traffic study was submitted to VDOT only. Mr. Brown said conflicting traffic flows in and out from the site could be aided by placing traffic bars on West Ruritan Road to control traffic flow. Mr. Natt agreed to proffer traffic stop bars on either side of the West Ruritan Road entrance/exit. Mr. Ford commented that traffic bars were a good idea however the applicant must make sure they have VDOT's approval to create them. Mr. McNeil stated that it seemed that traffic was the biggest issue. He then asked ML Ford if VDOT would accept any right of way that the applicant chose to dedicate. Mr. Ford answered that VDOT is always willing to accept any right of way applicants are willing to dedicate. Mr. Azar commented that he was concerned because Mr. Ford had not received the traffic study. Mr. AI Thomason commented that VDOT should be present for the discussion. Mrs. Hooker asked Mr. Ford if he would like to examine and comment on the traffic study prior to the Planning Commission voting on the application. Mr. Ford said that the traffic study that T.P. Parker & Son had created should be a three-way discussion between himself, the applicant, and VDOT and that he did wish to examine and comment on the study prior to the Planning Commission vote. D. CONDITIONS 1) The subject property, 3814 Challenger Avenue, shall have no direct access to or from Route 460. 2) Up to 10' of right of way shall be dedicated by the deveJoper to VDOT on West Ruritan Road for a right turn lane onto Route 460. 3) The cross access easement shown on "Concept Plan for GRANT AVENUE DEVELOPMENT" under the date of August 30, 2005 revised October 25, 2005 between 3806 Challenger Avenue and the subject property shall be developed in substantial conformance with the concept plan to allow cross access between the two sites, West Ruritan Road and Trail Drive. 4) The hours of operation shall conclude no later than 11 :30 PM. 5) The top of any light fixture shall not exceed 15 feet in height. 6) Dumpsters shall not be emptied between the hours of 10:00PM and 7:00AM. 7) The propo.sed sign shall be no greater than 18 feet in height from grade. 8) The building design and color scheme shall be in general conformity with the Photos dated October 25, 2005. 9) The subject property will be developed in substantial conformity with the '''Concept Plan for GRANT AVENUE DEVELOPMENT" requesting the Rezoning and Special Use Permit of Parcel C-1 to Construct an Arby's Restaurantn submitted by T.P. Parker & Son, Engineers, Surveyors and Planners, under the revised date of October 25, 2005 and with the subsequent revisions made during the Planning Commission hearing dated November 1, 2005. 2 E. PROFFER(S) 1) The hours of operation shalf commence no earlier than 10: 00 AM on each morning. F. COMMISSION ACTION(S) 11/1/05: Mr. Azar made a motion for a 30 day continuance to provide Mr. Ford time to review the traffic study completed by T. P. Parker & Son. Motion carried 4-0. 12/6/05 (Update): Mr. Ed Natt requested a 60 day continuance. Mr. Jarrell made a motion for a 60 day continuance. Mot;on carried 5-0. G. DISSENTING PERSPECTIVE None. H. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 3 LAW OFFICES Edward A. Natt Please reply to: P. 0.80)( 20487 Roanoke. VA 24018 Direct: (540) 725-8180 Fax: (540) 774-0961 E-mail: enatt@opnlaw.com Os'"rERHOUDT, PRILLAMAN, NATT, HELSCHER, YOST, MAX,\\TELL & FERGUSON, PLG 3140 CHAPARRAL DRIVE, SUITE 200-G ROANOKE. VIRGINIA 24018-4370 WWW.OPNLAW.GOM SALEM, VXRGIN{A 24153 P. O. Box 27B l05 N. COl.ORADO S'IREET (540) 38e-23411 FAX (~40) 389p9560 (540) 980-0000 · FAX (540) 772-0126 March 281 2006 HAND DELIVERED Mr. David Holladay, Senior Planner Planning and Zoning Dept. Count of Roanoke 5204 Bernard Avenue Roanoke, VA 24018 Re: Zoning /Special Use Permrt - Grant Avenue DeveJopmentl Inc Property: 3814 Challenger Avenue Dear David: This letter will confirm our telephone conversation of yesterday wherein t advised you that the applicant, Grant Avenue Development, Inc., is not proceeding with its rezoning request for the property at 3814 Challenger Avenue. Please withdraw this matter from further consideration. As usual, , thank you for your cooperation throughout this matter. With best personal regards I am, Very truly yours, OSTERHOUDT, PRillAMAN, NATT. HELSCHER, YOST, MAXWELL & FERGUSON, P.L.C. ~D a f1~ Ur- Edward A. Natt EAN/swb cc: ~J1r. Mark Dunn Grant Avenue Development 69 South Street Auburn, NY 13021 Mr. Paul T ~ Brown T.P. Parker & Son P.O. Box 39 Salem, VA Mr. Jim Bolling Poe & Cronk Real Estate Group, Inc. 10 S. Jefferson Street, Suite 1200 Roanoke, VA 24011-1319 Mr. Ray Edwards 2334 English Road P.O. Box 6535 High Point NC 27262 T-~ PETITIONER: CASE NUMBER: Judy Taylor Wagner 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) AA 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. B. CITIZEN COMMENTS Two citizens spoke in opposition to the request. Key issues emphasized were traffic on both Colonial Avenue and Green Valley Drive; the maximum number of employees (including specialty services); the potential for tanning beds, the need for a dumpster; property value impacts; that the transition designation does not necessarily indicate fitness for rezoning but that the bordering Neighborhood Conservation properties cannot be adequately protected if this request is approved. A petition with 35 signatures of nearby property owners was also noted~ c. SUMMARY OF COMMISSION DISCUSSION Mr. Tim Beard presented the staff report noting changes proposed for the subject parce', negative traffic impacts, effects on adjacent properties and conditions proffered. Mr. Charles Osterhoudt, representing the applicant, summarized the proposal and related proffers. Mr. McNeil asked about parking in the Green Valley Drive right-of-way and the functional cJassification of Colonial Avenue. Staff replied that Green Valley Drive was not constructed to accommodate parking and that Colonial Avenue is listed as an urban minor arterial. Also, the Transportation Engineering Manager noted the internet source of the traffic generation multiplier (40 vehicle trips/stylisUday) described in the staff report. Ms. Wagner estimated the amount of time needed per customer. Mr. McNeil asked the future land use designation and Mr. Jarrell asked about zoning of adjoining parcels. The subject site is Transition and most adjacent sites are zoned R-1 Low Density Residentiar. Ms. Hooker inquired about the total parking proposed compared to the number of spaces required by the ordinance and use of handicap spaces. Staff indicated that the proposed parking total exceeds that required based on bLinding square footage. Mr~ Thomason a,sked if excess parking would be allowed in the Green Valley Drive right- of-way. Staff noted such actions are discouraged. Mr. Azar asked if the maximum number of stylists could be set at four or five. Staff noted the difficulty in enforcing such a limit. Petitioner's attorney stated a willingness to utilize no more than six rooms in the subject building, that not all employees will work eight hour days and the possibility of not having a dumpster. Mr. Jarrell asked about Type B screening and buffering (south border) and if any buffer is required against C-1 zoned property. A short brick wall stands along the C-1/R-1 common boundary. Mr~ McNeil stated that he believes that Colonial Avenue land use will slowly change and that this proposal is less intrusive than others could be. 4 D. CONDITIONS 1. The use of the property shall be limited to cosmetic services including hair, nail and skin treatment. 2. The carport will be enclosed t 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 shall be of a pervious surface and will be increased in size by the elimination of the dumpster. 5. Stormwater management will be addressed through available methods, including the use of the pervious surface and other sub-surface storm drainage. 6. Hours of operation shan 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~ 8. Signage shall be limited to one monument sign not exceeding 35 square feet 9~ Any exterior lighting installed shall comply with Colonial Avenue Corridor Design Guidelines for lighting. E. COMMISSION ACTION(S) Mr. McNeil motioned to approve the request with proffered conditions. The motion carried 3-2~ F. DISSENTING PERSPECTIVE Mr. Jarrell Mr. Azar G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 5 APR-13-2006 10:23 OSTERHOUDT PRILL~M~N NRTT 15407740961 P.02/03 AMENDED PROFFERS Address of Subiect Property: 3722 Colonial Avenue Cave Spring Magisterial District Roanoke County Tax Map No.: 077.18-03-31 Present Zon;nQ: R1 Proposed ZoninQ: C1 Applicant/Owner: Judy Taylor Wagner and Richard W ~ Wagner PROFFERS The undersigned ownersdo hereby proffer the following conditions in conjunction with the rezoning request: 1 . The use of the property shall be limited to cosmet;c services including hair, nail and skin treatment~ 2.. The carport may be enclosed, a canopy may be placed over the main entrance and there shall be no other exterior building expansiona 3. Colonial Avenue shall not be utilized for ingress and egress. 4. The new parking area shall be of a pervious surface and will be increased in size by the elimination of the dumpster. 5~ Stormwater management shall be addressed through avaBable methods, including the use of the pervious surface and other sub-surface storm drainage. 6~ Hours of operatlon shall be 9:00 AM until 8:00 PM Monday through Saturday~ 7. Applicable Co'onial Avenue Corridor Design Guidelines shall be in effect as determined during the site plan review process. 8. Signage shall be limited to one monument sign not exceeding thirty-five (35) square feet. 11: \ZON I N G\ Wagner- Taylor\AM e NOED PR OFFERS .doc Page 1 012 APR-13-2005 10:23 OSTERHOUDT PRILLRMAN NRTT 15407740961 P.03/03 9. Any exterior Jighting ;nstalled shall comply with Colonial Avenue Corridor Design Guidelines for lighting_ ,J7: APPLICANT: C:\Oocumenb and Settlngs\RICHARD WAGNER\Loca! Settings\Temporllty Inlernet FUe5\Cantanl.IES\EXW7QHKX\AMENDED PROFFERS[1).doe Page 2 of 2 TOTAL P.03 Petitioner: Judy Taylor Wagner Request: Location: Magisterial District: Proffered Conditions: To rezone 0.369 acre from R-l Low Density Residential to C-l Commercial with Conditions for the operation of a beauty salon located at 3722 Colonial Avenue, Cave Spring Magisterial District. Southeast of the Colonial Avenue - Green Valley Drive intersection Cave Spring 1. Use of the property shall be limited to cosmetic services including hair, nail and skin treatment. 2. The carport shall be enclosed, a canopy will be placed over the main (rear) entrance and there shall be no other exterior building expansion.. 3. Colonial Avenue shall not be utilized for ingress and egress. 4. The new parking area shall be of a pervious surface. S. Stormwater management shall be addressed through available methods, including the use of the penrious surface and other subsurface storm drainage. 6. Hours of operation shall be 9:00 am until 8:00 pm Monday through Saturday It 7. Applicable Colonial Avenue Corridor Design Guidelines shall be in effect as determined during the site plan review process. EXECUTIVE SUMMARY: This is a petition by Judy Taylor Wagner to rezone a 0.369 acre parcel in order to convert a residence into a beauty shop. The facility would provide space for up to eight employees providing hair, nail and skin care. Considered a personal service by the zoning ordinance, the proposal is limited with moderate compatibility by the Community Plan's Transition future land use designation that encourages the orderly development of highway frontage parcels while discouraging intense, highway oriented commercial uses. Compliance with county and state regulations regarding parking, screening and buffering, storm water management, signage, exterior lighting, traffic impact and commercial entrance permitting will be crucial for the proposed change of use to be compatible with surrounding land uses. If the Planning Commission wishes to favorably recommend this petition, acceptance of proffered and suggested conditions is highly recommended. 1. APPLICABLE REGULATIONS The zoning ordinance defines personal service as a business establishment engaged in the provision of frequently or recurrently needed services of a personal nature.. Examples identified include beauty and barber shops, pet grooming, seamstress and tailor shops, shoe repair shops, florists, laundromats and dry cleaners~ Personal services are permitted by right in the C-I district~ Building code requirements regarding change of use must be met in addition to Americans with Disabilties Act standards relative to modifications to the existing building. Stonnwater management regulations will apply to any changes involving the exterior of the site. Minimum standard 19 (MS-19) of the Virginia Erosion & Sediment Control regulation provides for the protection of properties and waterways dO\VIlstream from development sites.. Practices for erosion and sedimentation in the county shall exceed the standard by requiring more stringent storm water management criteria per ordinance 12390-7. Site plan review and VDOT approval for a commercial entrance will be required. 2. ' ANALYSIS OF EXISTING CONDITIONS Background - Judy and Richard Wagner have purchased the subject property. The proposal calls for enclosing the existing carport and attaching a canopy over the rear building entrance. The current structure footprint of approximately 1,450 square feet will not be increased - the lot contains an estimated 16,000 square feet. Per county records, the one-story residence was constructed in 1956~ This parcel has been zoned R-l since at least 1960. TopographylVegetation - The comer lot is landscaped with deciduous trees and shrubs along its Green Valley Drive boundary and deciduous trees parallel Colonial Avenue. Foundation plantings are in place around the existing structure. A serpentine brick wall stands along the east side property line. Deciduous shrubs and trees and one large evergreen tree are found along the rear border~ The grass yard is generally flat excluding well-defined ditches paralleling both Colonial Avenue and Green Valley Drive. Surrounding Neighborhood - In addition to the applicant's property, adjoining parcels to the south, west across Green Valley Drive and north across Colonial Avenue are developed with R-l zoned single family residences. A C-l Special Use, conditionally zoned accounting office operates east of the Wagner property. General retail, personal service, professional office and club facilities are found in the vicinity. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout! Architecture - The proposed use would be limited to the existing building footprint including basement. Colonial Avenue Corridor design guidelines call for the maintenance of existing structures' scale and front facing Colonial A venue~ avoidance of excessive height and the use of earth tones for any changes to a building's exterior materials. Per proffer, the carport will be enclosed) a canopy will be placed over the main (rear) entrance and there will be no other exterior building expansion. A pervious (permeable) surface parking area has been proffered indicating 12 spaces on the concept p]an~ The plan shows a freestanding sign near the property's northwest corner. Design guidelines recommend monument signage not in excess of 35 square feet, landscaped and ground or top lit with shielded lamps placed so as to not cast light on to any adjoining road or property~ No exterior lighting is indicated. Per ordinance, intensity shall not exceed 0.5 footcandle at adjacent streets and residential properties and glare is prohibited. Design guidelines call for fixtures to be compatible with the existing residential character, light placements not higher than 14 feet in height, path lighting where appropriate and keeping light sources out of view from adjoining residential areas. A screened dumpster is also sho\VIl on the east property line opposite the vehicular access. 2 Access / Traffic Circulation - The site's only vehicular access is at Green Valley Drive approximately 150 feet from its intersection with Colonial Avenue. The existing driveway led to a carport on the building's west end. Currently, a sidewalk connects the rear drive access to the residence. VDOT states that the posted speed limit on Green Valley Drive is 25 miles per hour with a minimum of 280 feet of sight distance required. Sight distance appears adequate and information regarding drainage system modifications will be reviewed as part of the commercial entrance permitting process per the Assistant Residency Administrator. 2003 Annual Average Daily Traffic was 740 vehicle trips on Green Valley Drive and 2004 Colonial Avenue MDT was 10,000 trips. The county's Transportation Engineering Manager reports that 40 trips per day per stylist is sometimes used as traffic generation multiplier. If eight work stations are created, traffic generated could reach 320 additional vehicle trips. The applicant anticipates 4-5 beauticians on the premises during work hours. Peak hour afternoon traffic is expected to be impacted at the Colonial/Green Valley Drive intersection. Stacking space on Green Valley Drive should accommodate 6- 7 vehicles fr<!ID the intersection south to the proposed rear entrance. Fire & Rescue / Utilities - Emergency vehicle travel time is within acceptable limits with Cave Spring Fire & Rescue squads as the primary response units~ Public utilities are available. Fire & Rescue staff report that two additional fire prevention inspections will occur annually at Count)' business locations. Stormwater Management - No drainage facility is shown on the concept plan. The petitioner has proffered that the new parking area will consist of a pervious surface with consideration given to brick pavers~ Subsurface stonn drainage proffered will include new underground piping. Surface methods will utilize trees, shrubs and groundcover to manage runoff. Screening & Buffering - Type B screening and buffering is indicated along the rear border with adjacent R-I zoned property. A 20-foot wide buffer is ShOVv11. Required are one large and two small trees for each 50 linear feet in addition to three shrubs for every 10 feet and a six-foot high screen. Right-of-way / street side plantings are also required along Green Valley Drive including one small tree each 20 linear feet and two shrubs for every five feet of frontage~ Existing vegetation remaining onsite will contribute to ordinance-required plantings. Neighborhood Meeting - On February 13,2006, citizens met to provide Ms. Wagner's attorney an opportunity to discuss the proposal. Topics included the petitioner's beauty salon experience) the fact that only three vehicular access points exist from Colonial Avenue into the entire Green Valley development, that numerous accidents and close calls are commonplace in the immediate vicinity, on- and offsite drainage problems exist and a beauty salon currently operates 400 feet from the subject property. 3 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This parcel is designated Trantition by the 2005 Community Plan. Transition policy encourages the orderly development of highway frontage parcels with a high degree of architecturally and environmentally sensitive site design for office, institutional, higher density residential, park and small-scale retail uses while serving as buffers between highways and adjacent lower intensity land uses. Neighborhood Conservation (adjoining on the south) delineates areas where established single family neighborhoods are in place and conservation of the existing pattern is encouraged~ Single family neighborhoods are traditionally the most protected land uses. 5. STAFF CONCLUSIONS Community Plan land use policy specific to neighborhoods advocates preserving the stability of residential areas by discouraging the intrusion of incompatible uses and encouraging the maintenance and enhancement of older neighborhoods recognizing that these homes provide a viable source of affordable housing to the community. This proposal represents the highest intensity redevelopment proposed in the Colonial Avenue corridor east of Route 419 since the Roanoke Council of Garden Clubs project was approved for C-l use in early 2004~ Quoting Colonial Avenue Corridor Design Guidelines, "as commercial pressures increase, the importance of protecting established neighborhoods and ensuring the safe and efficient flow of traffic becomes more crucial." The basic goal of the design guidelines is "to plan for and achieve compatibility between new and existing developments along the corridor." In addition to traffic, on-site parking, storm water management, screening and buffering, signage and exterior lighting are all critical to this proposal's compatibility with surrounding land uses. If the Planning Commission is in support of this proposal, staff recommends the proffered conditions listed on Page 1 of this report be attached. Staff also recommends the following additional conditions be proffered: . Signage shall be limited to one maximum 35 square-foot monument sign; · Any exterior lighting installed shall comply with Colonial Avenue Corridor Design Guidelines for lighting. CASE NUMBER: PREP ARED BY: HEARING DA TES: 5 - 3/2006 Timothy Beard PC: 4/4/2006 BOS: 4/25/2006 4 Pz-- () Lv to ( ~-{J County of Roanoke Community Development Planning & Zoning For Staff Use OnI Date rece'vcd: l '<1 06 Received by: '\-..... 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Application fee: G" -17 uU L I >- PC/BZA date: Placards issued: BOS date: Check type of application filed (check all that apply) lXRezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal o Comp Plan (15.2-2232) Review Applicants name/address w/zip Phone: Judy Taylor Wagner Work: aJITf\Cf: EdNard A. Natt, 3140 Chaparral Drive, CelI#: Su i te 200-C Roanoke VA 2401 8 Fax No.: 725-8180 774-0961 O\\TIer's name/address w/zip Bruce M. J6hannessen, individually, and as Executor of the Estate of Harry R. Johamessen CI:l'ITJ\CT: Edward A. Nat t Property Location 3722 Colonial Avenue Phone #: W or~: Fax No. #: 725-8180 774-0961 Magisterial District: Cave Spr i ng Community Planning area: Cave 5 r i Tax Map No.: 077. 1.8-03-31 Existing Zoning: Rl Proposed Zoning: Cl Proposed Land Use: beau ty sa I ~n Does the parcel meet the minimwn lot area, width, and frontage requirements of the requested district? Yes lX No D IF NO, A VARIANCE IS REQUIRED FlRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No 0 IF NO, A V ARlANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes XI No D VariancelWaiver of Sectton{s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOl\1PLETE. RlS/W/CP V/AA RlSIWICP V/AA R1SIWJCP V/AA fID Consultation ~ 8 1/2" xl] tr concept plan ~ Application fee X Application X Metes and bounds descrjptj on X Proffers) if applicable X Justification Water and sewer application X Adjoining property owners I hereby certify that I am elth~r the owner 0 - rogeI:ty r the er' ~ ~~nt or contract purchaser and am acting with the knowledge and consent of the owner. Appll can ~ /atll '/)z;r- ONner: ~ 2 JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT OR.WAIVER REQUEST Applicant Judy Taylor Wagner (3722 Colonial Avenue - Tax Map No. 077.18-03-31) The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and. general welfare. Ple~se answer the following questions as thoroughly as possible. Use additional space if necessary.. . Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The C-1 District permits personal service uses. These uses. include beauty shops.. Such uses are appropriately found along major arterial streets where existing c.ommetcial development has occurred and where commercial zoning has been established. Such is true in this area of Colonial Avenue. The use is consistent with the transition and core land use categories of the County Development Plan. The Roanoke County Comprehensive Plan and the Colonial Avenue Development Plan permit uses of this nature. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Roanoke County Comprehensive Plan and the Colonial Avenue Develop~ent Plan p~rmit such uses when done in a manner which is appropriate in order to preserve the character of the surrounding neighborhoods. The entrance from" Green Valley Drive prohibits ingress and egress on Colonial Avenue, which is in accord with the plans. The screening and buffering protect the resident,al property to the rear. This property is fronted on Colonial Avenue in an area where almost all properti.es along Colonial Avenue are commercially zoned. Please describe the impact(s) of the request on the property .itself, the adjoining properties, and the surroun.ding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The rezoning will have no negative impact on adjoining properties and the surrounding areas and no negative impact on the provision of public services. The entrance to the property on Gr~en Valley Drive will remove ingress aDd egress issues from Colonial Avenue. Ade-quate screening and buffering, as called for in the Colonial Avenue Development Plan, will be provided with the development. U:\ZONING\Wagner.. Taylor\JUSTIFICA TION.doc _.___._____._._._._.--_.~A---.---.~.-.-.-.-.-------~-A-.--~--.-.-.---.-.---.---.---. -.._----~--I ,0 ;:;:0 m m Z < }>- I I m -< o ;:;:0 < m COLONIAL AVE -~.-~----~_._--~---------~-r-_._~-'--------~--------~ / . j- ~~~ ! ! ! + ADJACENT PROPERT"f ZONED R-I SGALE. 1130 c.ONGEPT SITE PLAN AD.JAGENT PROPER,...,.. ZONE:D G-I STORM "'TEPt DeTeNTIDN 'fU!Il!!: Cl.NCIeR. LDT'} · exAc:.T sa! MOT cete~ J>>oP6mt AID 5GJiIE!N !XI5T>>O I!MIUCI: '!JGIiIIE!N ~ 20" aFPet . ,.."... 'D'" · CPTION-r - -------I----~------------- , J J I - I , I I I I r I COLONIAL AVENUE HAIR SALON Rife + Wood ARC HIT E C T S RollDOkI.. VA 24015 (540) J.44-.(;OU ~'22 GQl.ONIAl AVE. ROANOKE..- VA D.t.Tf: ..ClI!l 10 .lANJAR'r 2006 oc.a.t.E REVISION AS NOreD t:Po'oWW ..JSp SI-EET OSS4 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNWG COrvuvIISSION 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 ~formation is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately _evaluate and provide- written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition~ This continuance shall allow. sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petitioQ 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 Judy Tay lor Wagne r Subject Property: 3722 COlonial Avenue Tax Map No. 077.18-03-31 Name of Petition ~ li[tn1f:'~ I- /f- 0.6 Date LEGAL Address of Subiect Property: 3722 CoJonial Avenue Cave Spring Magisterial District Roanoke County Tax Map No.: 077.18-03-31 Present Zoninq: R1 Proposed Zoninq: C1 Applicant.s Name: Judy Taylor Wagner Owners: Bruce M. Johannessen, individually, and as Executor of the Estate of Harry R. Johannessen LEGAL DESCRIPTION Lot 5, Section 2, Green Valleys BEGINNING at a point on Bent Mountain Road at the northwest corner of Lot 1, Section 2, Green Valleys; thence leaving said road, S. 360 30' E~ 164.98 feet to a point; thence N. 530 30' E. 100.00 feet to a point on Green Valley Drive; thence with the same N. 360 30 W ~ 138.84 feet to a point; thence with a curved line to the right having an arc distance of 38.97 feet to a point on Bent Mountain Road; thence N. 520 49J E. 75.05 feet to the point and place of BEGINNING. \ \Opnsvr\Users\cbaumgardner\ZON ING\ W agner- Taylor\LE GAL. doc --- ill Q.) "+- D L{) Cf) ro :::J c.r a;J r.. <.) c 1. \ J640 l~. 2.60 AI::.. _,,-.f,. '\ '\ '\ '\ '\ '\ '\ '\ \ '\ '\ '\ \ '\ '7 <"S :Pi] O~ 50.0S. 4S'O,..., . ......t~ ",# l. 41t" # Do ~..." 3.9. J75J 2,9.6'.2. 211.f4'\ J757 \J ,1\ .Q' 4 28. 2.1 ~t . st,/ .9 5 ':Jl>. ,~,. ?? March 16, 2006 Roanoke County Planning Commission -ATIN: 11m B_eard P. '0'; SOx 29-800 Roanoke, VA' ,2401'S- RoaOOke County. Planning' Commission-: In regard to the request before the Planning Eommission to re-zone the 0.369 acre property located at 3722 Colonial Drive from R..l Residential to C-l, we the undersfgn@q are opposed to the petition. Green Valley subdivision is a residential community designated as Neighborhood 'C9fl~~~9~9n. _9~ ~~ .pro~rty identification -map, -last revised- 3/6/1998. We Clfe aware that .Coi'OrilaJ Avenue is~deSignated' ._as--tranSitiOnar,-hOwever Gree,,'VaiJey- is N6f~. -- The re-zoning of the above referenced property would require ingress and egress via . Greet) y~\tey Pri:Ye, .bri.n9lD-9 _.~Qo.iijQn~J. t@ffl.c-_i~~ . ~~r ,~~!g~~~~~~.. .~t.1? .9Uf u~~~~~~~t__t~ .~~~!.~"~..for ~n ~~at~_~a:uty_~~._~i~,~.~~~ ~s for manicures, pedic.ures -'and fac'icils.~ Certainly-Such- a busine-ss could'easi-Iy generate- 50 - 75 ,cu5t9mers ,9 .o~y. Tha~,a~ouJ}ts t9_an ~jti~aI50 - 75 ve~k:t~s entering and exiting our community daily plus the staff: Our concerns are multi-faceted. One concern is the safety issue. In addition to the safety'~ont$1ls:.w.ith the'additlonat traffic In-.our commonity is-the safety concern for per~s ~.~t~ri-~_ a~_ e!=it!~_~~ ~PPf>~q _pr~tW~ ~utr.' _~tl~V.' ,'.r~~n~' ~i~ home in the evening making a left turn off of colon"fal Avenue onto Green valley b'ii~v'"fr" encounter traffic -backed u'p to Thompson Drive. In the -mornjngl making a teft turn from-Green Valley -Drive onto-ColoniarAvenue is sometimes risky. A second concern is our property values. By having ingress and egress for a -.O)tl\"'~at-proP$tY Vl~:.~. y~t~ey _Pf1V~, ~'a~-_~~~~ "t~t~~r-~ ~'ues. wUJ decrea-se4 - ~ Please do not allow the quality of our neighborhood to be eroded by commercial traffic. 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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 .369 acres, as described herein, and located at 3722 Colonial Avenue (Tax Map Number 77~ 18- 3-31) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1. Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Judy Taylor Wagner. 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 use of the property shall be lim ited to cosmetic services including hair, nail and skin treatment. (2) The carport may be enclosed, a canopy may be placed over the main entrance and there shall be no other exterior building expansion. (3) Colonial Avenue shall not be utilized for ingress and egress. (4) The new parking area shall be of a pervious surface and will be increased in size by elimination of the dumpster. (5) Storm water management shall be addressed through available methods, including the use of the pervious surface and other sub-surface storm drainage. (6) Hours of operation shall be 9 am until 8 pm, Monday through Saturday. (7) Applicable Colonial Avenue Corridor Design Guidelines shall be in effect as determined during the site plan review process. (8) Signage shall be limited to one monument sign not exceeding thirty- five (35) square feet. (9) Any exterior lighting installed shall comply with Colonial Avenue Corridor Design Guidelines for lighting. 4. That said real estate is more fully described as follows: Beginning at a point on Bent Mountain Road at the northwest corner of Lot 1, Section 2, Green Valleys; thence leaving said road t S. 360 30' E. 164.98 feet to a point; thence N. 530 30' E. 100.00 feet to a point on Green Valley Drive; thence with the same N. 360 30' W. 138.84 feet to a point; thence with a curved line to the right having an arc distance of 38.97 feet on Bent Mountain Road; thence N. 520 49' E. 75.05 feet to the Point of Beginning and containing .369 acres, more or less. 2 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 3 PETITIONER: CASE NUMBER: Loblolly Mill, LLC 7 -3/2006 1=-3 Planning Commission Hearing Date: April 4, 2006 (Continued from March 7, 2006) Board of Supervisors Hearing Date: April 25, 2006 A. REQUEST The petition of Loblolly Mill, LLC. to rezone 94.229 acres from AG-3, agricultural/rural preserve, to PRO, planned residential development, in order to construct a planned residential community at 3672 Sterling Road and property in the 3800 block of Sterling Road. B. CITIZEN COMMENTS Several citizens spoke in opposition to the project citing ridge-top development, increased traffic. viewsheds, and rural preservation as concerns. One citizen presented a petition with the signatures of 179 residents opposing the rezoning. One citizen spoke in support, citing responsible and attractive development. C. SUMMARY OF COMMISSION DISCUSSION Mr. Josh Gibson presented the staff report. Representatives of the petitioner addressed citizen and commission concerns, including additional proffers. Members of the planning commission asked questions of the petitioner and staff concerning roads, trash pickup, schools. fire response, and density. Commissioners voting against the rezoning cited "ridgeline protection", roads, and community opposition. Those in support stated that PRD allowances presented a better method for developing the property than using by-right tools. D. CONDITIONS 1. Anywhere a house within the deveropment is sot or closer to a property line and a 50' natural buffer cannot be maintained, 2 rows of evergreen trees shall be planted. In no case shall the natu ral buffer be less than 20'. 2. A dry hydrant shall be installed at the existing pond~ 3. Road grades shall be red uced to 16010 or lower except for the road adjacent to lots #1- #6. 4~ Master Plan dated April 14, 2006, including all graphic materials submitted as part of their rezoning petition~ Details from the Master Plan include a maximum of 29 homes and a minimum of 500k dedicated open space. E~ COMMISSION ACTION(S) Mr. Azar made a motion to make a favorable recommendation for the rezoning request. Motion failed 3-2. F. DISSENTING PERSPECTIVE Commissioners voting against the rezoning cited Uridgeline protection", roads, lack of sufficient information on the project, and community opposition. G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 6 Petitioner: Loblolly Mill, LLC Request Location: Rezone 94.229 acres from AG3 to PRO 3672 Sterling Road and property at the 3800 block of Sterling Road Magisterial Oistrict: Proffered/Suggested Conditions: Vinton See attached PRO rezoning petition materials EXECUTIVE SUMMARY: Loblolly Mill, LLC, has applied to rezone 94.229 acres from AG-3 to PRD in order to construct a planned residential community in the Vinton magisterial district. Two separate parcels make up the 94.229 acres. The proposed project includes lots for 31 homes on privately maintained streets. The petitioner wishes to rezone the property so that potential home sites can be clustered to preserve the sitets naturat features. The density of homes proffered by the petitioner is equal to the density allowed under the current zoning district. Per Sectjon 30-47-5 (B) of the zoning ordinanceJ any application to rezone land to the PRD designation shalJ constitute proffers pursuant to Section 30-15. Once the Board of Supervisors has approved the final master plan, all accepted proffers shall constitute conditions pursuant to Section 30-15. The parcels the petitioner wishes to rezone are zoned AG-3 agricultural/rural preserve and are adjacent to 20 parcels zoned AG-3 agricuftural/rurat preserve, AG-1 agricultural/rurallow-densityJ and AR agricultural/residential. The majority of the site is designated Rural Preserve in the 2005 Roanoke County Community Plan, and a smaller portion of the property is designated Ru ral Village. The proposed rezoning and project will be developed using overall densities at or less than those outlined in the Future Land Use plan. Several accommodations are being made to preserve and protect environmentally sensitive areas on the parcel, including cluster development. Requesting a rezoning to develop this parcel allows greater freedom to design a development that protects these sensitive areas and allows for more responsible development than by-right allowances in the current AG..3 district. One objective of the Rural Preserve and ViUage areas states that "whHe aflowing future devetopment, emp10y design strategies that leave land available for open space". Thjs rezoning application takes into account those strategies and includes plans to cJuster home sites in order to preserve natural features while allowing the same overall density as is currently allowed by-right in the current zoning classification. The minimum gross densities for both the Rural Preserve and Rural Village designation are also met in this development. However, staff requests that the below recommendations be addressed by the petitioner. Suggested Amendments: Consider increasing natural buffering to 50' at property lines to reduce impacts on adjacent fands, particularly where vegetation does not currently exist Consider building roads according to VeOT subdivision standards. including a reduction in maximum proffered road grade If roads are kept private without meeting VDOT subdivision standards, include language stating that trash service and school bus service may not be available on those private roads A dry hydrant to assist fire fighters should be installed An increase in minimum open space from 300/0 to a least 500/0 Omit ambiguous phrase "natural earth tones" from language involving required home colors and submit instead a specific range or pallet of colors if this provision is to be included 1. APPLICABLE REGULA lIONS Per Section 30-47-5 (8) of the zoning ordinance, any application to rezone land to the PRO designation shalJ constitute proffers pursuant to Section 30-15. Once the Board of Supervisors has approved the final master plan, an accepted proffers shall constitute conditions pursuant to Section 30-15. Virginia Department of Transportation (VDOT) commercial entrance permit win be required for the proposed development. Virginia Department of Health approval is required for all private well and septic system permits. Roanoke County site development review will be required. Demolition permits will be required prior to the destruction of any existing structures. 2. ANALYSIS OF EXISTING CONDITIONS Backoround - The petitioner wishes to have properties at 3672 Sterling Road and the 3800 block of Sterling Road in the Vinton magisterial district rezoned from AG3 to PRO. The purpose of this rezoning request is to construct a planned residential community caned Loblolly Mill. The total size of these two parcels is 94.229 acres. Two single-family homes currentty exist on the property. and these are expected to be removed during development. The central natural features of the larger parcel are the 1.75-acre pond. the streams, knolls) and forest resources.. An historic grist mill and a covered bridge, moved from its original location on Back Creek in Roanoke County>> are also located on the property adjacent to Turner Branch. TopoaraohyNeqetation - The area to be rezoned varies in elevation from around 900 to 1100 feet. The topography consists of several knolls rising adjacent to a stream (Turner Branch) and its tributaries. An unnamed creek flowing from the southern portion of the property feeds the 1.75-acre manmade pond. Slopes vary from 00/0 to more than 500/0 on the property. The majority of the property is wooded. Trees consist of a pine and hardwood mix. Some wetland-type vegetation exists in the open areas adjacent to Turner Branch and the pond. A three-hole golf course has also been constructed and borders the creek and pond. Surroundino Neiohborhood - Properties immediately to the north, east and south of the parcels are zoned AG-3 Agricultural/Rurar Preserve District. Many of these parcels, ranging in size from 1 to 78 acres) have large wooded tracts, and some contain single-family homes. Properties to the west are AG-1 Agricultural/Rural Low Density DistrictJ and AR Agricultural/Residential District. Vegetation on these parcels is a combination of wooded tracts and open fields and pastures. Many of these properties, and many along nearby Sterling RoadJ contain single-family residences. The Blue Ridge Parkway is located approximately 0.5 miles northwest of the property1s northern boundary. No part of the property appears to be visible from the main Parkway thoroughfare; however>> some of the proposed home sites are clearly visible from the Roanoke Mountain OverJook 2 miles to the west. The properties surrounding the proposed Loblolly Mill Development are designated Rural Village and Rural Preserve according to the County of Roanoke Future Land Use map. Rurar Preserve regions are generalty stable and require a high degree of protection to preserve agricultural, forestal] recreationalJ and remote ruraf residential areas. Residential uses here shou1d be single-famify residentiat generally averaging a gross density of one unit per three acres. Cluster developments are encouraged here to protect natural resources. Rural VilJage regions are areas where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural community areas are generalJy found between the intense suburban development patterns already estabrished in the County and the designated Conservation and Rural Preserve areas. Residential uses here should be 'ow-density. single-family residential generally averaging one unit per acre, with cluster developments encouraged where applicable. 2 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The master plan for the proposed Loblolly Mill residential community shows a gO-acre tract accessible by a smaller 4- acre parcel from Sterling Road. The plan shows 31 clustered single-family home lots predominantly situated near the tops of rises on the property where slopes are more conducive to development. The lots generally border the perimeter of the property, surrounding the pond and some wooded slopes that comprise the core of the development. Minimum lot size is 0.5 acrer with lot frontages of 100 feet (30 feet on the cu)-de-sacs). Normal minimum lot size for the existing zoning is 3 acres, but the proposed rezoning allows the appHcant to cluster homes on the property in order to anow for larger contiguous tracts of open space and to preserve natural features. Taking into account the total size of the development and the number of lots, the average density of the proposed development ;s 1 house per 3.04 acres or .33 houses per acre. PRO zoning district regulations allow proffering up to 5 dwelling units per acre. The maximum area allowed for clearing trees for a home site is 16,500 square feet. This number is exclusive of any drain field areas. According to the County zoning ordinance, the PRD zoning district requires at least 150~ of the gross area of the project to be common open space and/or recreational area. A minimum of 30% of this site has been proffered for preservation through dedicated open space and conservation easements. No roads or homes will be allowed in these areas, which will.include the steeper slopes. streams, and pond. Most development will occur near the tops of knolls in order to preserve the environmentally sensitive areas at the lower elevations of the property. The historjc grist mill and covered bridge on the property will aJso be preserved for scenic purposes and possibly some vehicular traffic. Areas of clustered home development win be connected to these natural features through a network of maintained trails. Maintenance of these and other amenities will be perfonned by a homeowners association. It is important to note that open space areas counting toward the final percentage must be 5)000 contiguous square feet and cannot include road rig ht -of-ways or driveways I The developer has proffered a 20-foot natural buffer at aU adjacent property lines and a 35-foot minimum setback from adjoining landowners' property Jines and public right-of-ways. The Zoning Administrator, Mr. Murphy, has suggested that the applicant consider increasing the buffer and adding trees in areas where wooded vegetation does not currently exist to reduce the impact on adjacent properties. All utilities will be placed underground and heating and other equipment will be screened from view. Architecturaf design will be regulated by the homeowner's association through an established architectural review board. The board will review all improvements to ensure that they are in hannony with other improvements and that no new improvements will adversely affect other property values in the development. AccesslT raffle Circulation - The petitioner has maintained that all roads within the development wiJI be private. They will be a minimum of 18-feet wide with 3-foot shoulders. The development will be accessible from one main entrance on Sterling Road. Three main roads will be constructed in the development, and additional driveways will provide access to the homes from those main roads. Maximum street grade wHl be 180/0. The predominant access to the site will come via Jae Valley Rd) Rte 116, and Sterling Rd, Rte 663. Jae Valley Rd, Rte 116, is classified as an Urban Minor Arterial from the City to the Blue Ridge Parkway and then is a Rurar Major Collector from the Parkway to the Franklin County line. As such, Jae Valley Road should be capable of handling an additional 310 trips per day (the trip generation as stated by the applicant). Mr. Anthony Ford, transportation engineer for Roanoke County, made the foUowing comments: The existing traffic on Rte 663. SterJing Rd is 460 vehicles per day (the section from Rte 664 Sterling Rd near Rakes Rd to Rte 1260 Periwinkle Lane.). It appears that Sterling Rd would be capable of handJing an additional 310 trips without much degradation of Level Of Service. Howevert Sterling Rd is not marked with pavement markings at this time, as is the case for most roads in Roanoke County with less than 500 vehicle trips per day. With the addition of 310 trips per day to Sterling Rd. it would experience some 780 vehicle trips per day. Mr. Ford recommends that VDOT consider striping at least a double yellow center line on Sterling Road should this 3 rezoning request pass. At least a 30-ft wide entrance at the intersection with Sterling Rd is also recommended, with a 14-ft wide egress lane and 16-ft wide ingress lane (this could taper back to the typical sectjon within 25-50 feet). He also included with his comments the below comparison chart that lists the applicant's proposal for Loblolly MinTs roads, Roanoke County's private road standards for Cluster Subdivisions (no standards exist for PRO zoning)J and the new VDOT Subdivision Street Requirements. The proposal for Lobl011y is consistent with what VDOT wou'd require for a new subdivision road, and is in some cases more stringent (Le., pavement surface requirements). However, the maximum proffered grade for Loblolly Mill is 180/0, while the maximum grade allowed in the Countyrs cluster development private roads and VDOT's subdivision street requirements is 160/0. Mr. Ford has expressed concerns about the avaiJability of trash pickup on these slopes, and the County school system has expressed concern about buses traversing the maximum slopes. ".. Roanoke County Cluster Private Loblolly Proposal Rd VDOT 2005 SSR Min. Pavement Width 18' 20' 18' Min. Shoulder Width 3' 4' 4' 81r Base Stone 6" Base Stone 6" Base Stone Pavement Section typical 2" asphalt Asphalt req'd Blotted Seal Coat (no thickness req1d) (suriace treatment) Min Curve Radius 95' Not Specified 95' if mountainous Max Grade 18% 16% (not exceed 300' in length 160/D if mountainous for grades > 160/0) Cul-de~sac radius 40' Not Specified 45' (3D' if 25 dwellings or Jess) The Virginia Department of Transportation has noted that sight distance may be limited in both directions near the entrance and that it should be field verified to determine whether sight easements or rights of way are needed to obtain sight distance in both directions. Mr. Ford urges the petitioner to consider making the roads public or building them to VDOT standards with the option to remain private. This will avoid the expensive problem of bringing the roads up to VDOT standards in the future if necessary. The applicant lists can pickup as the method for trash disposal. The method for picking up cans at the lots further off of the main road in the development (lots 9-22) should be addressed and coordinated with general services. It is the opinion of staff that language similar to that required for cluster subdivisions may also be appropriate for this deveropment. It states that ~&the final subdivision plat shall contain the notation that the proposed private streets do not meet the standards for public solid waste collection and that Roanoke County shall not provide sotid waste collection on private streets. The applicant shall have the responsibiJity for addressing the collection of solid waste on private streets. A representative of the Roanoke County Department of General Services shaH review proposals for solid waste collection on private streets. prior to plat approval". A similar statement may be appropriate for the provision of school bus service on private roads not meeting standards for schoor bus service. County Schools .- County School systems appear adequate to handle a development of this nature. At fun build-out, a scenario assuming 1 school-age chi1d per home in the deve10pment would be expected to add an additional 16 children to elementary schools, 8 to middle schools, and 8 to high schools. Fire & Rescue/Utilities- Fire and Rescue service would be provided by the Mount Pleasant station. Mr. Steve Poff, Division Chief of the Fire and Rescue Department, expresses concern that there are no public fire mains available in the area. Fire and Rescue officials suggest that the petitioner install a Udry hydrant" at the 1. 75-acre pond to assist firefighters with obtaining water. Dry hydrants allow for quicker hookup by fire apparatus to begin a drafting operation for obtaining water, saving valuable time in getting water to the scene of a fire. Mr. Poff also noted that the access off of Sterling Road must be designed to handle a taker truck fun of water since current access (covered bridge) is not sufficient. FinaHy, wildland interface issues are a concern for the Fire Department, since development is occurring in a wooded setting. The Fire and Rescue Department encourages the developer to use as much fire resistive materials as 4 possible for roofs and sidings (fire resistive shakes and metal roofsi brick and other masonry for exterior walls). Water and sewer will be provided by well and septic systems. Public water and sanitary sewer is not available to the site. All private well and septic systems must be approved by the Virginia Department of Health. Economic Development - The Department of Economic Development had offered no objections to the proposed rezoning application by Loblolly Mill, LLC. Community Meetinq - A community meeting was held at the Mount Pleasant fire station on Monday, March 20th, 2006 at 7:00pm. Approximately 65..70 community residents attended the meeting. Mr. Sean Horne with Balzer and Associates presented the proposed development and its goals, followed by a period of questions and comments. Some of the concems voiced by those in attendance included increased traffic on Sterling and other area roads, increased taxes and property valuesJ and the impact this proposed rezoning may have on the future character of the neighborhood. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The proposed rezoning generally confonns to the policies and guidelines of the Roanoke County Community Plan and its future land use designations but there are some inconsistencies. Some Community Plan discrepancies in this rezoning request inc'ude the proposed project's suitability with respect to County services. The maximum road grades proposed in the PRD exceed the maximum VDOT subdivision and County's c'uster development requirements for private roads. The rezoning would be in closer conformity to the Community Plan if the maximum proffered grades were reduced from 180/0 to grades nearer County and VDOT standards. This may reduce future problems with trash pickuPJ school bus pickup~ and the ability to bring the roads into public maintenance shou~d the need arise. There also may be a need to obtain sight distance easements in order to ensure sufficient sight distances in both djrections. The 2005 Community Plan has listed "rural view and vista preservation" as an objective for Rural Preserve and Rural Village land use designations. Although most of the proposed sites in Loblolly Mill are removed from the view from public rights-of-way, care should be taken to incorporate homes into the naturaf surroundings as much as possible in order to preserve viewsheds from surrounding properties in the Rural Preservation areas since some home sites are situated near the tops of the property's knolls. This should include preserving natural buffers or including landscaping where necessary near home sites to screen them from public rights of way and neighboring homes. Chapter 3 of the 2005 Community Plan (Land Use Issues) encourages cluster developments that set aside more than 500/0 of the development for open space. An increase in the proffered amount of open space in Loblolly (300/0) would bring the project into better compliance with the Community Plan. The maximum area allowed for clearing trees for a home site (16,500 sq ft) does not include areas for drain fields. Proffered open space should be of sufficient quantity so that Clearing for drain fields does not affect the overaU percentage. The majority of the site is designated Rural Preserve in the 2005 Roanoke County Community Plan, and the smaller section of the property is designated Rural Village. Rural Preserve regions are generally stable and require a high degree of protection to preserve agricuttural. forestal, recreational, and remote rural residential areas. Residential uses here should be single-family residential, generally averaging a gross density of one unit per three acres. Cluster developments are encouraged here to protect natural resources~ Rural Vmage future land use regions are areas where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. These rural community areas are generaHy found between the intense suburban development pattems already established in the County and the designated Conservation and Rural Preserve areas. Residential uses here should be 10w-densityJ single-family residential generally averaging one unit per acre. Cluster developments are encouraged. The proposed rezoning and project will be developed using overafl densities at or less than those outlined in the Future Land Use plan. Several accommodations are being made to preserve and protect environmentally sensitive areas on the parcel, including cluster development. Requesting a rezoning to develop this parcet allows greater 5 freedom to design a development that protects these sensitive areas and allows for more responsible development than by-right allowances in the current AG-3 district. Design guidelines in the Community Plan encourage development to keep driveways from publjc roads to a minimum, and this proposal will have one such entrance. The proposed rezoning is consistent wjth many objectives of the 2005 Community Plan. One objective of the Rural Preserve and ViUage areas states that "while allowing future development employ design strategies that leave land available for productive agricultural activities and open space". This rezoning application takes into account some of those strategies and includes plans to cluster home sites in order to preserve natural features while allowing the same overall density as is currently allowed by-right in the current zoning classification. The minimum gross densities for both the Rural Preserve and Rural Village designation are also met in this development. 5. STAFF CONCLUSIONS Loblony Mill, LLC has applied to rezone 94.229 acres from AG3 to PRO in order to construct a planned residential community. The PRO district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations. The requested zoning district provides for clustering and proffered conditions in order to protect natural resources and local character, and encourages ingenuity, imagination and high quality design on parcels where constraints to conventional development exist. Per Section 30-47-5 (8) of the zoning ordinance, this application to rezone land to the PRO designation and the information contained herein shall constitute proffers pursuant to Section 30-15. The proposed rezoning and project will be developed using overall densities at or less than those outlined in the Future land Use plan. Several accommodations are being made to preserve and protect environmentally sensitive areas on the parcel, including cluster development. Requesting a rezoning to develop this parcer allows greater freedom to design a deve'opment that protects these sensitive areas and alJows for more responsible development than by-right allowances in the current AG-3 district. The proposed rezoning is consistent with many objectives of the 2005 Community Plan. One objective of the Rural Preserve and Village areas states that Kwhile allowing future development, employ design strategies that leave land available for productive agricultural activities and open space", This rezoning application takes into account those strategies and includes plans to cluster home sites in order to preserve natural features while allowing the same overaU density as is currently allowed by-right in the current zoning classification. The minimum gross densities for both the Rural Preserve and Rural Village designation are also met in this development. The proposal is generally consistent with the Community Plan, but staff recommends the above-listed amendments be addressed. CASE NUMBER: PREPARED BY: HEARING DAlES: 7..03/2006 Joshua Gibson PC: 4/4/06 BOS: 4/25/06 6 Pc-C)(QOO ~5 d County of Roanoke Community Development Planning & Zoning For Staff Use OnI Received by: Application fee: PCffiZA date: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Placards issued: BOS date: Check type of application tiled (check all that apply) ~ Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address w/zip LOblOlly Mill, LLC 119 Norfolk Avenue Phone: Contact Mi ke Pyl e Work: Cell #: Fax No.: 985-6444 985-f)79~ Phone #: & LOblOllY Mill, LLCWork: Norfolk Ave. FaxNo.#; QRS-fi444 985-'1796 Tax Map No.: Vinton Community Planning area: Mo u n t P 1 e i1 san t Existing Zoning: A 6 - 3 3672 & 3804 Sterling Road Size ofparcel(s): Acres: " .-"_~ ~4 _ ? . _ Existing Land Use: . ~ '._ . . \~i~~!N$~~j,iq~~:'iY&~~~~i~,:~i~~k~~iaf[t6~~~L~~~jIi~~i~~:~1di~~~ef'i€~~fji'@~JW~qh Proposed Zoning: PRD-Planned Residential Proposed Land Use: Does the parcel meet the minimum lot area) width, and frontage requirements of the requested district? Yes CY No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes nx No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No 0 .,~:- ~ ",J';:fi.l":; ... ,-." ;~..~ ... .," ~;~ -.'~....' ~.. i'" ~ ::.. ;:-:.. )......~...:. :-. ."-'(::....,)0.... .-~-.'r;.... t-=,..L ....... .Jr:;'O:- ... ..'- (':..::.,;.. ...... ./. ...~. .. T"";..'-~'-,-,'-'..,) VARIANCE, l-YAlVER AND MDMiiYISTRATIVE :A.PPEAL~APpi/jlJANTS_(YLWIA.f4) ,~~_, 'c - > > c~:: <'~ C', ">' ..,-. ~ , --.....'i.. :. ~.).,..,.:._,~ .... ,....~ L"' '..~....-::.~.: : ..-:" ,.:, ...- ~ r. . .', '.~I...-:' ~. .. .- ~ :.:~ -=~". '", -:' ...-..,',".". r oJ ..... ',' ., ,.-. VariancelWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WlLL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/Sffi1ICP VI AA R1S/W fep VI AA R/SfW ICP V I AA EB Consultation Eii 8 1/2" x ] 1 tt concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and se r application Adjoining property owners I hereby certify that I am either the owner of th rop or the ow s agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature 2 Applicant Lob 1 0 11 y Mill, L L C The Planning Commission 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 genera] welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. See attached Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. See attached Please describe the impact(s) of the request on the property itself~ the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer) roads, schools, parks/recreation and fire and rescue. See 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 potential land USe or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building 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 of the request The County PlaIming Division staffmay exempt some of the items or suggest the addition of extra items, but the following are considered minimum: -L a. l b. l c. l d. l e. l f. l g. L h. L 1. -L J. Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS -L k. -X- I. ---X- m. l n. ~ o. L p. 1- q. Existing utilities (water~ sewer; storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed Ifproject is to be phased, please show phase schedule L~2rJ. tJ' 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 andlor an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County 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 necessitatefurther 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 / ., 2 d. O,.{, Date CITIZEN PETITION TO STOP UNSUITABLE ~ DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. 1 ~ .., 7 1 _5 ~~ -, ~ Name Address Phone Date 3-22-- .{ to ~ -3 -r9d---O ' .~C~ ~ C~~O j:J It,1 ^,l.t~^->4 /..... V v:.~" '-.J, ; . " I~V't.:"'.J.' '-&-l''\..,. , " r-.....,.~. -) L.1, \....} J,7" .~'~) ~ ~\ (;-. rl ).J .." \\ , ,~J, ;. ~. \ _?'. /1.,2 c:- ~ " \ i. . .. ~.',. -." _".... ~":... 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Please return pages to Michelle BuonocQre, 4414 Bandy Road, 427-2278 by April 3 ~ 2006. TIuink you. ".,; CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes~ This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a l~ \1 \<6 IC1 ",.. 'wi 2P i\ 11 l.1' {..,. o , project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date 4 30 ') I(J .3 2'1. L~ )- )'1 tIt,:; .......--.,. . ....' " I · .., ~~' /'. k': / ~{, ll1 t r '\ .r-', \ . / - J .' ,0 ""-, r; \:,.. 'tY I It/...l--t..' 'Ii~ V_o~. . . · 1/ : / ~t...~- : \.J v ~r22:~ 'E1?~:-;f12-D 4)11- /9 j 7 5!5C)-- 21 .?i2 ~lct ad iJ }.. 7 - (C~:~ 7 'V ~ f1 t) 6 \~,., --j[;,:) (- /1 ) .J:, ~ I ~ 3C;&~ /~ S T b2Li filet 'K..D All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. '. ~{ QcR. if } 1;'1 ?f)ItC~ /~d ~ l~.' ~ ~\~\t.. L-i I\C"- 7Jv~ i,. ~ ( _~ (- ," 'I /1., -' ~ UJ t/.J' .l,. j .. C.,I ~,.7 . ....)(\ 6' ? ~~.\~ -. '~-~ -'" '1'. .."" .A--\ I \..(J~ ....._J './ . ..... / .. ' .....' - / ) / ( { ( ( --"~ 5....1. I _. 5- .' - { " ./ C-;7 ~T'.", ..A ,.., ./. . /.-..... 7--......,. ~, ., - I _. . ., CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes~ This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address )\ ',2- ''l?) ,_ ./'\.J\.. ( ."~ <~iL( ~., {\O KX~~, ) S~ Z l \."'"' ( n J Phone Date I cl.'3 - ac1.' ..~ ~ ~ \ -.\ 3> ')'1 .j) ~1L 1( ~l ?y '~7 \')~ 3 L~L S/rr ,t. ._ /~/ -', ' Q OF { /J , ... .' .,', ~~ ~ i ''-I::-~ . j d./i' J'Tu/~~: ~-! d / ~3 'f 9-tL .5 ~'-'L t. -', . ,2 to-t ( t./ -1'11 ' .. / f / / : tG.~/ ;r'/_A;;~-';e..)") ?- .J t..-....{/. ,. Ii .,..11.. ~ j' 3- 'I c- . 'It; I ,~\ ~ ~!; L~ ',,~i:;{ L,u} .-"~"" .... : I j' -7 v""'. I -i.... __. i.~' "~ I 1 j" Lf.... '-("! / 1'..-. l/" f J -- ,'..... ",'1 v/.' l,.~; l .' J :/ ," , .I .1.....' i /,;,,;) pO "'~L. ~s Lf'J... 0 qUD ~f\~ 5QtO 5/er r'~. / '7 ~i s (~C::J 5 -.S i_/ A (1 - ') ~ ~.:, I ; ~ - Z" CJ . .; ( 1[;)1-.5337 3'-)S-Ci, I # ~. '" ~ i j.-.? I " 1 '+ 1_ L. {~. -' ,~."' ",' " rf:27/ ~ 7.' Lf ~ 7 /:L7. '12. 7.... ()(S 2- All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3. 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes~ This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date s) SL ~1 t)~ ~il J'l3 ~() I t{ 'I \ i\p ,"' 1 j)Ai~. l\1 ~~ ~1 ~o ~\ ~;~ ~) U---;}? -oSIJ/ , -11- (j All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. Cl'l~IZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Ster] ing Road and oppose tl1e proposed rezoning and development of3672 Sterling Road by Loblolly Farm) LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/.. acre site for a proj ect that is unsuited for Sterling Road and the surrounding community. Name Address i ..;;::~ VV\ ,e... Cr e U0 ~ f2~ U t'-. 3'6"2~ ~ \clr~ ~ (tf p'\ I t)ft :fJ I Date I 3i Z- 4 ~ z-!I 0/ ZS 'l ~~ i.f:2-7~C{Zl/L9 3/. - J-/'l1-1'111 -, '24 31a'1 All signatures are of persons aged 1 & and older. Please return pages to Michelle Buonocore> 441~ Bandy Road, 427-2278 by April 3; 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm) LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County goverrunent officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community~ Name Address Phone Date $12 /-()' C;~7 ~ 7-;;Z I '-( ED /[/V_S/-?:rRtE- fj!~. Lj:LI--I$/o/ CL-~ vA- t.( j.." 1 - I 0 '2 Lj 3 - ;21-D '2-' J() I QJ. U 1/Ci. '-(J-7 - ):2CJ 7 3-17-lJ k i5&, fJ~ ) ;I 01 L{sg ( ~ ed. "l2kt. VCt. rf;l7 -/;uJ 7 J ~2?~~ d1 tJJ C1U 415/ fde.nshi~ /(DO-f1,04 Y'21- tglq 03 27 D~ 240 J l.,L. All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. . We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date L/,J j--t1itP5 3/~-1fft)(. C1\ q7.. II ~ 1i '1 zjr'j2C ~, '01 ~ /- ,J 0 L ~"'--~~, It.. dl . 1,/.1 t"o C/" All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is: proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/ ~ acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date I~ [61 ' SSk . II SV 0') 7 · 23 ~ 5.-2/~ All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore) 4414 Bandy Road, 427-227& by April 3~ 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling.Road by Loblolly Farm) LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose Upon. our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date 1(;& PCI Hd (\ I ~l i~'7-,/ ./ 4lfl& g.{ tfll . 47--) - J-?rf9 .~(Z41/;b All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3 ~ 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community~ Name Address Phone Date '1 ;2 f7 -?J'1ll 1 _ if 27-0771 3--3 \ ~Co I(~- y -t:;2 ?3-Ql f2 ~ o/OL/ 4737 '7 VeL oLlD ~ All signatures are of persons aged 18.-find older. Please return pages to Michelle Buonocore, 44] 4 Bandy Road, 427-2278 by Apri 1 3, 2006. Thank you. -"J "" -: ~ ," ,..-- L,/ ~')i:\_ CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood~ We urge Roanoke County government officials at all levels to oppose rezoning this 90+/.. acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Phone Date iff/V t q D 3 Cl.-~-h s A 'It: --{ Co G 2- Y-P t ( c ~. L ~ 4 -9--0b i{-J 7 - (f G.~( '-( -) - cb '{)7--; ,',r' ~(x06 -~ - --, ('~' ' :J ~" All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Address Date <F5.& (t) U I'^- ll(J J( ~2g8 s..<~~ -" / 5;1" . ~ ~ ') L ~() Ot t\. \j '" ,~Y1 '> \ {'IIO OCtJ UH. SP;{liJ ~j (2 J ~?7-~3-7 1;1-~33/ C(z1-ZIl 3 - l-C-v~. Oct , -1- 2f\S'5 ~\\ \2J. t{ClD -- o~K t{--l-O (p All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. Name Add ress Phone Date ~i \~ \'{ \ '-{ " 3~?<$ 5" iCfU.rf./6 flft, Lj.;ld-. ~ :,'~(J ~.i~ ;; .'", L~ _'/ J' . f .~ t:Z-~~-~~ .-. c/ '-/.- 6 ~1-/.305 4-/-u? \'J \S \S \s. l'i \4 4 - J - t:'6 Y_l-o(1 If 2 7~-09 ~ 2., -j --0 tv //~/ eJ :;; .L/-/ ~O? All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road~ 427-2278 by Aprjl 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project th~t is unsuited for Sterling Road and the surrounding community& Name Address Phone Date , l~' r ~~ 1---... / . /') ~ d-r \r, I ~ )w JUL.} Iv ( /ll) Ji'\<K f/ 3 ~ .- 7' , W7- S3Cc0 3-d..~-ofc L/Ili7 -060'-~ 3 3/-0G 4l1-.D~4l 3,31-04:> ~) L{1 (p~ -bC\.V'u~ \ \~J l~J<cr... All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore) 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdivision consisting of 31 homes. This project is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community~ Phone Date (o~. \~~ I~ tic 01 icJ,~II-'L e... CJ~~ ~ Y~i -Pi-('zer IZ-d. f/2 7~_s- 2U 4 / 0 L ;I Z7 0LL ~ -I/I/cG Ltz.7 ~ Lf-7S~ 4 / Z.!6k- '-1 ':iO l f'1--+z.e,...--eJ L+Z-'"7-,-\7 5 ~ '-t /2-1 ~ l1 . l1 l1 \1 Lf-J" (G All signatures are of persons aged] 8 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427..2278 by April 3, 2006. Thank you. CITIZEN PETITION TO STOP UNSUITABLE DEVELOPMENT ON STERLING ROAD We the undersigned residents of Roanoke County live on or near Sterling Road and oppose the proposed rezoning and development of 3672 Sterling Road by Loblolly Farm, LLC, into a gated subdi vision consisting of 31 homes. This proj ect is proceeding without sufficient feasibility studies of the additional traffic burdens and adverse environmental consequences it will impose upon our neighborhood. We urge Roanoke County government officials at all levels to oppose rezoning this 90+/- acre site for a project that is unsuited for Sterling Road and the surrounding community. . Name Address Phone Date 17~ \1) 1'1 111 ~7-oo4S- \421-CO~5 - -dt Y-Y-Ob All signatures are of persons aged 18 and older. Please return pages to Michelle Buonocore, 4414 Bandy Road, 427-2278 by April 3, 2006. Thank you. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 25,2006 ORDINANCE TO REZONE 94.229 ACRES FROM AG-3, AGRICULTURAL PRESERVE DISTRICT, TO PRD, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT, TO CONSTRUCT A PLANNED RESIDENTIAL COMMUNITY LOCATED AT 3672 STERLING ROAD AND THE 3800 BLOCK OF STERLING ROAD (TAX MAP NOS. 89.00-3-12 AND 89.00-3-6), VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF LOBLOLLY MILL, LLC WHEREAS, the first reading of this ordinance was held on February 28,2006, and the second reading and public hearing were held April 25, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 4, 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 94.229 acres, as described herein, and located at 3672 Sterling Road and in the 3800 block of Sterling Road (Tax Map Numbers 89.00-3-12 and 89.00-3-6) in the Vinton Magisterial District is hereby changed from the zoning classification of AG-3, Agricultural Preserve District, to the zoning classification of PRO, Planned Residential Development District. 2. That this action is taken upon the application of Loblolly Mill, LLC~ 3. That the owner of the property has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A entitled "The Planning and Design Documents for Loblolly Mill-A Planned Residential Community, Roanoke County, VA, Vinton Magisterial District, prepared for Loblolly Mill, LLC, 119 Norfolk Ave. ~ Roanoke, VA 24011 , prepared by Balzer and Associates, Inc., Roanoke, VA, Project #R0500414.00, dated January 18, 2006, revised April 17, 2006" which the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 4. That said real estate is more fully described as follows: Tax Map No. 89.00-03-12 Parcel One containing 90.22 acres as shown on a survey made for Harry P. Turner by W. I. McChee, CPE, dated April 30, 1959, a copy of which is attached to a deed recorded in the Roanoke County Circuit Court Clerk's Office in Deed Book 618, page 236. Parcel Two being a 1 O-foot strip along the west side of the property being conveyed to the Grantors by deed from Annie Laura Turner and shown as the easterly one- half of the 20-foot roadway on the survey made by T. P. Parker, SCE, dated July 25, 1959, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 1233, page 1181. Tax Map No. 89.00-3-6 Containing 3.808 acres, being Lot B-1 as shown on Boundary Line Adjustment Plat of Turner Boundary Line Adjustment #2 recorded in the aforesaid Clerk's Office in Plat Book 29, page 56& 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 Planning and Design Documents for: LOBLOLLY MILL A PLANNED RESIDENTIAL COMMUNITY ROANOKE COUNTY , VA VINTON MAGESTERIAL DISTRICT Prepared for: Loblolly Mill, LLC 119 Norfolk Ave. Roanoke, VA 24011 Prepared by: Balzer and Associates, Inc& 1208 Corporate Circle Roanoke, VA 24018 Project # R0500414.00 Date: January 18,2006 Revised: April 17, 2006 BALZEQ AND AS50C!ATES INC . R(f"LECCnNG TOMORROW T~3 Attachment A Balzer and Associates 1 Table of Contents: I. Table of Contents Page 2 II. Introduction Page 3 III. Vicinity Map Page 4 IV. Site Summary Page 5 v. Site Photographs Page 7 VI. Site Design Guidelines Page 9 VII. Architectural Requirements Page 13 VIII. Proffer Statement Page 14 IX. Adjacent Property Owners Page 15 x. Site Maps Page 17 Balzer and Associates 2 LOBLOLLY MILL DESIGN GUIDLINES INTRODUCTION Loblolly Mill is a proposed 94..229 acre Planned Residential Community located on Sterling Road in the Vinton Magisterial District of Roanoke County.. The intent of this project is to develop a high end residential development in a "mountain village concept" while preserving the abundant natural and historic features of the site. The proposed development will also preserve the rural character of the Mount Pleasant area by limiting the density to that which is less than one single family dwelling per three acres. This existing property can only be described as unique, picturesque and isolated. The natural topography of the site consists of a series of wooded knolls bordering the property focused centrally on an 1 ~75 acre pond. There are two primary historic features on the site, a covered bridge and a water powered mill house. According to the previous owner Mr. Morton Brown, the bridge was purchased from VDOT when the Back Creek Crossing was improved. The bridge held special meaning with Mr. Brown& As a child he would walk his neighbor Vivian Brooks to school and carry her books as they walked across the old covered bridge. Morton and Vivian were eventually married and Mr& Brown moved the bridge to its current location after purchasing it from VDOT in 1979. The old mill house was operational until 1959 when Mr. Morton Brown purchased the property. These historic structures are being preserved and renovated and will serve as key attractions and scenic backdrops for this development. In summary, this proposed development will provide a unique housing opportunity for Roanoke residents, take advantage of a wonderful setting, preserve sensitive natural and historic amenities, and compliment on of the most unique rural communities in Roanoke County. Balzer and Associates 3 Vicinity Map: \ to~ ~ J .~ ~ to..,.~ Balzer and Associates 4 LOBLOLLY MILL DESIGN GUIDELINES SITE SUMMARY Site Data The site consists of tax parcel #'s 89&00-03-06 (3~809ac.) and 89.00-03-12 (90~42 ac.). The total site area is 94.229 acres.. The current zoning is AG-3 and would allow up to 31 units under the by-right lot line option. Zoning Ordinance Compliance The proposed development is in compliance with the Roanoke County Zoning Ordinance. Loblolly Mill furthers the intent of the AG-3 Agricultural/Rural Preserve District (Sec30-32) in several ways. This project will protect and preserve sensitive natural and historic features~ It will also limit the density to less than one residence per three acres which is the density allowed in the AG-3 zoning~ Finally Loblolly Mill will minimize the demand on public services by providing privately maintained roads and individual well and septic systems& Community Plan Compliance Loblolly Mill is located within the Mount Pleasant Community Area and the majority of the site falls under the "Rural Preserve" land use category. A small portion of the property (about four acres) lies within the "Rural Village" future land use category, and all of the southern and western boundary borders the "Rural Village" designation. Both the ~"Rural Preserve" and "Rural Village" concepts promote Cluster Development options. Loblolly Mill is based on the cluster development design criteria and is below the suggested density of the "Rural Preserve" designation. Loblolly Mill caters to the community's values and respects the key natural and historic resources that are strongly promoted within the Mount Pleasant Community Planning Area. This development will preserve significant natural areas including streams, a 1.75 acre pond, and steep slopes. There will be no impact on the view shed of the Blue Ridge Parkway froln this development. The developers will preserve and restore two significant historic structures that provide a link to the traditions of the local residents. Through quality planning and an environmentally sensitive site design, Loblolly Mill will promote and preserve the rural characteristics of the Mount Pleasant area and its residents.. Balzer and Associates 5 Existing Conditions The site is comprised of a series of wooded knolls that border the property. The knolls are focused centrally on a 1.75 acre pond. Slopes on the property range from 2% to 50%,and the elevations range from 892 to 1100 feet. A network of streams filter between the knolls and ultimately drain to Turner Branch.. Turner Branch runs west to east through the property. The setting that is created by these natural features is one that feels completely isolated from any adjoining property. An historic covered bridge and grist mill are located on Turner Branch in the northwest portion of the property. Both of these structures will be restored, preserved and incorporated into this development. There are two existing residences on site that will be removed with this development Adjacent Properties Adjacent properties are a combination of single family residential and undeveloped property which are mostly wooded acreage tracts. All adjacent property is zoned AG-3. Utilities Water and Sewer will be provided through individual well and septic systems& Access/Traffic Access to the property from Sterling Road will be located on tax parcel # 89.00- 03-06. The development may generate up to 290 vehicle trips per day. The design and sight distance of the entrance from Sterling Road will be in accordance with all applicable requirements of the Virginia Department of Transportation. Balzer and Associates 6 I' : I . I I. I I I I I I I I I ":I' :':"": "11 I "1 I I III t il I I' i ~ : . ~I I~ I I I -=,~ !I" ~ .... I I LOBLOLL Y MILL DESIGN GUIDELINES Site Desi2ll Guidelines Intent These design guidelines are written with the intent to guide the development of Loblolly Mill. They are intended to develop the overall character of the cormnunity. These guidelines are not meant to cover all site-specific issues or alterations and should be applied as a guide to meet the development goals of the project& Association All property owners at Loblolly Mill will automatically be members of a Homeowners Association for this development.. The Homeowners Association will be established to maintain all common open space, consenration/recreation areas, trails, roads, and site amenities& Preservation Areas A minimum of 500/0 of the site will be preserved as open space and conservation/recreation areas. The area will be comprised of dedicated open space and conservation/recreation easements. A minimum of 15% of the site will be dedicated cormnon open space and the remainder of the preserved area will be comprised of conservation/recreation easements. The conservation/recreation easements will be established for the benefit of the residents within the cormnunity and will serve the same function as the dedicated open space& All common open space and easements will be recorded with the subdivision plat The main areas of conservation will be the most environmentally sensitive portions of the site including streams, the pond and some of the steepest slopes. No residence or road will be allowed within any open space or conservation/recreation area. The Historic Grist Mill and Covered Bridge will be preserved with this development. An interpretive plaque will be developed for these structures describing their historical significance. The covered bridge will either be incorporated into the design as a foot bridge or it may serve as a vehicular access, pending a structural inspection. The Grist Mill will remain as a scenic and interpretive backdrop for the development.. Site amenities and utility crossings will be allowed with in the open space and conservation/recreation easements. The following Amenities will be allowed within the commonly held open space: Trails(pedestrian and/or equestrian), tennis courts, playgrounds, open play fields, equestrian stable, historic grist mill, the covered bridge, picnic areas, pond, tishinglboat dock.. All of these amenities will be maintained and owned by the homeowners association. Balzer and Associates 9 The following Amenities will be allowed within the conservation/recreation easements located on privately owned property: Trails (pedestrian and/or equestrian), picnic areas. The cutting of trees within these easements shall be limited to trail and picnic area construction& The homeowners association will maintain all amenities located within the easement areas& Development Areas The primary ,areas used for the construction of the proposed homes will be along or near the top of the existing knolls. The placement of the homes will allow for the preservation of the most sensitive portions of the site. Buffer Yard A 50 foot natural buffer shall be maintained along all adjacent property lines except; Wherever a house, driveway or drainfield on the Property is located fifty feet (50~) or closer to an adjacent property line and a natural fifty foot (50') buffer is not maintained, as shown on the Master Plan, two (2) rows of evergreen trees shall be planted as an additional buffer. In no case shall there be a natural buffer betwe~ houses on the Property and an adjacent property line of less than twenty feet (20'). All proposed evergreen trees shall be a minimum of 6 feet high at the time of planting. Loblolly Mill, LLC will submit a landscaping plan for review and approval by the County as part of site plan review. Roads All roads within Loblolly Mill will be private. The Homeowners Association will maintain all roads. All roads will be a minimum of 18 feet wide with 4 foot shoulders. The minimum pavement section will be 8" base stone with a 2" SM 9&5 asphalt surface. The minimum centerline radius will be 95 feet The maximum road grade will be 16% except that the road serving lots 1-6 on the Master Plan shall have a maximum road grade of 18%. The minimum paved radius for any cul-de-sac will be 40' Trails A network of pedestrian/equestrian trails will be provided. These trails will be through out the development and will connect the separate development areas with the open space, historic features and any other site amenity& The trail surface will be mulch or pea gravel and will be a minimum of 4 feet wide. Balzer and Associates] 0 Landscaping A professionally landscaped entrance will be provided for the development. Each residential home will be professionally landscaped with sufficient foundation landscaping and additional trees where sufficient growing space is available& Tree Preservation The maximum allowable area to be cleared for any home site shall be 16,500 sf exclusive of any drain field areas required. Any additional clearing shall be approved by the developer prior to construction~ Lot Size The minimum lot size shall be 0.50 acres. The minimum Lot frontage shall be 30 feet on the cul-de-sacs and 100 feet otherwise.. Minimum Building Size The minimum building size shall be 3,000 sf ~ Maximum Building Height The maximum building height will be 45 ft. The building height does not include walk out basements~ Accessory Buildings All accessory buildings must be located behind the front building line. Setbacks The minimum front setback will be 25 feet from any private road. The minimum side setback will be 10 feet from any internal lot. The minimum rear setback will be 10 feet from any internal lot The minimum setback from any adjoining owners property line or from any public right-of-way will be 35 feet Density No more than twenty nine (29) homes will be constructed on the Property as shown on the Master Plan. Balzer and Associates] 1 Lighting Any and all street lighting shall be residential in scale and style (i.e. post mounted lighting) and shall not exceed 10' in height The lighting shall be top shielded to cast all light and/or glare downward. All street lights on the Property will not exceed 150 watts. All light emanating from the outside of any house located on a lot on the Property will include a shield on top that causes the light to shine down, not up or out. Dusk to dawn lights will not be pennitted& All lights on the outside of any house on a lot on the Property will not exceed 1 00 watts~ All lighting shall be arranged so it does not cast glare on adjacent properties and so no more than 0.5-foot candles cross any adjacent property line~ Utilities All utilities shall be placed underground and all heat pumps and other appurtenances shall be screened from view of the roads or adjacent property owners. Trash Collection Trash collection will be individual can pick up and will be collected internally within the development There will be trash collection or can pick up on or adjacent to Sterling Road. Fire Protection A dry hydrant will be installed at the pond located on the property for use by the County's Fire Department to benefit homes within the development as well as any other property with in the vicinity. Balzer and Associates ] 2 Loblollv Mill Architectural Requirements This project will be developed and then the lots will be offered for sale& The following information will serve as guidelines for the architectural styling of each home~ Architectural Review Board: A review committee shall be established to review and approve any and all improvements on the lots to maintain harmony with other improvements and to reject proposed improvements that would otherwise adversely affect the atmosphere and values of the development This would include review and approval of all house plans, elevations and exterior colors & Exterior Materials: All exterior siding material shall be wood, synthetic wood, brick and or stone. All roofing material will be either metal standing seam roof, natural shingles or architectural asphalt shingles~ Colors: All exterior colors will be per the Shef\\lin Williams colors listed below or equal: ShetWin William colors 7008 - 7012, 6385, 7013, 6119,7035-7041 , 6077-6083,6154-6160,6190-6195,6385-6391, 6437-6440,6606-6608. A sample of the colors listed above are to be kept with this document. Accessory Structures: All Accessory structures will be reviewed and approved by the Architectural Review Board Prior to installation and/or construction~ All accessory structures will be constructed to match the primary residence on each site. Balzer and Associates] 3 Statement of Proffers The owner hereby voluntarily proffers and agrees that if the Property is rezoned as requested, the rezoning will be subject to, and the owner will abide by, the following conditions: The property will be developed in substantial conformance with the "Planning and Design Documents for: Loblolly Mill a Planned Residential Community" prepared by Balzer and Associates, Inc., dated J uary 18, 2006 and revised April 17, 2006& Dated: :f/ ~ {)6 Signed: Owner Balzer and Associates 14 ~ ~ ~ o ~ ~ ~ ~ o ~ ~ ~ z ~ u < ..., ~ C\fl = . .... 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I ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 u ~ 0\ 0\ 0\ 0\ 0\ 0\ ~ ~ 0\ 0\ 0\ 0\ ~ 0\ 0\ ~ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o --q U) p:: lJ.l ~ o ~ lJ.l ~ o p:: ~ r- ffi u -< ~ ~ o ~ CJ ~ ~ ~ Vl ~ Vl ~ 25 ~ ~ r- :!J ~ LEGAL DESCRlPTIONS TAX PARCEL #89.00-03-12 PARCEL ONE BEGINNING at a point on the south side of State Route #663, about one mile from State Route 116; thence with the south side of said road, N. 730 48'E. 142.7 feet to a point; thence along the center line of an old unimproved road being also the westerly line of the remaining Annie Laura Turner property, the following courses and distances: S.430 36'W. 71.8 feet to a marked 18 inch chestnut oak, S.. 40 28'W. 181.9 feet, S. 210 26'E. 363.9 feet; thence leaving the center line of the said 20 foot road, S.. 460 53'E. 238.4 feet to a double 18 inch white oak, N. 490 05' E.. 356.6 feet to a marked oak, N. 740 39' E. 385.4 feet to an old iron, being also at a fence comer; thence with the westerly line of the Turner property, formerly Ferguson, S.. 370 20' E. 2084..7 feet to a large white oak old comer; thence S. 00 41 'E. 329.0 feet to a stake; thence N. 540 04'W.. 109.4 'feet to an 18 inch poplar; thence N. 650 25' W. 190.1 feet to an old iron; thence S. 760 35' W. 95.2 feet to a 10 inch maple; thence S. 60 03'W.. 31.3 feet to a point 6 feet south. of a persimmons; th~nce S.. 860 35' W. 109feet; thence N.. 730 40'W. 90.8 feet; thence N. 71 ~ 55'W. 76.1 feet; thence N. 400 34'W& 209 feet to a corner post just north of the north line of an old road; thence S. 28D 44'W. along the fence; 192.8 feet to a comer post; thence S. 710 46'W. 246..2 feet to a comer post; thence along a fence S. 800 22'W~ 607.2 feet to a 10 inch white oak on an old fence comer; thence S.. 41 D 50'W. 509~3 feet to a chestnut oak; thence S.. 660 W. 126.8 feet to a planted stone; thence with the easterly line of the boundary ofMrs.. Jones, N. 180 20'W.. crossing a branch at 158 fe~t, a total distance of 896..5 feet along a fence to a planted stone 6.5 feet from a 16 foot white oak; thence a new division line separating the 13..88 acres retained by the parties of the first part, N. 4D 39' W. 842&75 feet to an iron pipe 3.4 feet west ofa 24 inch chestnut oak by the road; thence continuing said new division line N. 130 27'W& 429.55 feet to a 12 inch white oak and N. 180 54~W..288.46 feet to an iron; thence with the old original line of the property of Annie Laura Turner conveyed to the parties of the first part by said deed in Deed Book 433, page 389 aforesaid, N. 530 45' E.396,,4 feet and N& 320 43'E. 249.6 feet to the place of Beginning; and containing 90.22 acres, and being the property as shown on survey made for Harry P. Turner, by W. I. McChee, C. P. E., April 30, 1959, a copy of which is attached to deed recorded in the aforesaid Clerk's Office in Deed Book 618, page- 236 and made a part hereof. PARCEL TWO BEGINNING at a point on the south side of Virginia State Route 663; thence S& 430 36'W.71.8 feet to a point; thence S. 40 28' W. 181.9 feet to a point; thence S. 210 26'E. 363..9 feet to a point; thence S. 460 53'E. 238..4 feet to a double 18" white oak; thence N. 49~ 05' E.. 10 feet to a point; thence N~ 460 53'W.238.4feet to a point; thence N.. 21026' W. 363.9 feet to a point; thence N.. 40 28'E. 1'81.9 feet to a point; thence N. 430 36' E. 71.8 feet to a point on the south side of Virginia State Route 663; thence west along the south side of Virginia State Route 663, 10 feet to the point and place of BEGINNING and being a 10 foot strip along the west side of the property conveyed to the Grantors by deed from Annie Laura Turner and shown as the easterly one-half of the 20 foot roadway on the survey made by T.P. Parker, State Certified Engineer, dated July 25, 1959, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 1233, page 1181, and made a part hereof. Document] Tax Map #89.00-03-06 Lot B-1 Beginning at a Point on the Southerly right-of-way line of Sterling Road (Route 663), being the northwest comer of Lot B-1 as shown on Boundary Line Adjustment Plat of Turner Boundary Line Adjustment #2 (Plat Book 29, Page 56); thence with the southerly right-of-way line of Sterling Road along a curve to the left having a radius of243.00 feet, an arc distance of 151.33 feet and a chord ofN39041 '43''E, 148.89 feet to a found iron _ pin at the southwesterly comer ofNIF Joseph Jaklitsch & Beth Snyder-Jaklitsch (Instrument #200510773); thence leaving said right-of-way and conti~uing with the southerly line of said Jaklitsch property the following: S76032'24"E, 199.60 feet to a point; thence S76003'30"E, 189.97 to a point; thence S75054'22''E, 371..26 feet to a found iron pin on the westerly property line of N/F Robert J.. & Mary Shawn Sorrentino (Instrument #200410384); . thence .Ieaving the line of said Jaklitsch property and continuing with the westerly line of said Sorrentino property the following: S 13012' 42"E, 130.2] feet to a found iron pin; thence S04023'08"E, 13.43 feet to a found iron pin at the northeast comer of Lot D-l as shown on said Turner Boundary Line Adjustment #2 plat; thence leaving the line of said Sorrentino property and continuing with the line of said Lot 0-1 the following: S88037'43"W, 174.91 feet to a found iron pin; thence N86049'09"W, 278.42 feet to a found iron pin; thence S71 041 '27"W, 86.77 feet to a point; thence N55044'38''W 398.33 feet to the Point of Beginning containing 3.808 acres, being Lot B-1 as shown on Boundary Line Adjustment Plat of Turner Boundary Line Adjustment #2 recorded in the clerk's office of the circuit court of the county of Roanoke, Virginia in Plat Book 29, Page 56. / ~llln 3i, I ! 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J / I / \'" \ \ ----'~........._..// J ,/ /' ,/ --------' / / . _ __ _ 1. _ II . .~: .~ ,. _ _ _____ _ - ;.~?f~ I ~L1 \ - I PETITIONER: CASE NUMBER: Kevin & Jennifer Cook 8-4/2006 Planning Commission Hearing Date: April 4, 2006 Board of Supervisors Hearing Date: April 25, 2006 A. REQUEST The petition of Kevin & 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. B~ CITIZEN COMMENTS Mr. Ronald Palmieri. owner of Brookside Auto Sales} spoke in opposition to the request. He stated he owns property adjacent to 7400 Sunnybrook Drive and had applied for a Special Use Permit for that location 13 years ago and was denied. He also stated he believed Mr. Cook was unable to meet the Virginia Motor Vehicle Board's standards and thus should not be granted the Special Use Permit. c. SUMMARY OF COMMISSION DISCUSSION Ms. Rebecca Mahoney presented the staff report. Mr. Kevin Cook restated his request and plans for the site. He also brought a copy of a Jetter from Mr. Mike Bailey, the property owner, stating out of the 21 spaces on the entire parcel, 10 are designed for Mr. Cook. Mr. Rodney McNeil stated he had a letter from Mr. Mike Bailey indicating only three spaces are to be used for each tenant in the building. Mr. Cook explained that is the arrangement for the other four tenantst however Mr. Bailey has allowed him the use of 10 spaces. There was a discussion between Mr. McNeil and Mr. Cook pertaining to the Virginia Motor Vehicle Board's requirements for a dealer's license. Mr. Cook stated he can meet all the requirements currently except the zoning requirements, which was why he was applying for the Special Use Permit. Mr. McNeil also believes that the parcel is not large enough to accommodate the 1 0 spaces required for the dealer's license and parking for the other business on the parcel. Mr. Gary Jarrell questioned the process of the proposed business. Mr. Cook restated the process and furthered explained there would be no inventory of vehicles kept on site. Mr. Jarrell also expressed concern about approving the Special Use Permit before Mr. Cook has obtained the dealer's license. Mr. Azar asked staff to clarify the parking issue. Ms. Mahoney stated 3.5 spaces are needed per 1 ,000 square feet. Per Mr. Mike Bailey, there are 21 total spaces. (Since the pub1ic hearing, staff has determined there are a total of 20 parking spaces.) D. CONDITIONS 1) No more than two (2) vehicles shall be stored on the parcel at any given time. 2) No outside display of vehicles for safe shall be allowed 3) No truck or commercial vehicle with, or designed to have, more than two (2) rear wheels shall be stored on the parcel 7 E. COMMISSION ACTION(S) Mr. Jarrell motioned to approve the request with suggested conditions. The motion carried 3-1. Me Thomason abstained. F. DISSENTING PERSPECTIVE Mr. McNeil G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 8 Petitioner: Kevin and Jennifer Cook Location: Special Use Permit for Used Automobile Dealership 7400 Sunnybrook Drive, Suite 6 Req uest: Magisterial District: Hollins Suggested Conditions: No more than two (2) vehicles shall be stored on the parcel at any given time. No outside display of vehicles for sale shall be allowed. No truck or commercial vehicle with, or designed to have, more than two (2) rear wheels shall be stored on the parcel. EXECUTIVE SUMMARY: Kevin and Jennifer Cook are requesting to obtain a Special Use Permit for the operation of a used automobile sales business located at 7400 Sunnybrook Drive, Suite 6~ Mr. and Mrs. Cook plan to use the existing building for office-use only. Used and new vehicles will only be marketed via the Internet. No outside display of vehicles is needed or desired, however vehicles will need to be stored on the parcel until picked up by the client. This final visit by the customers will eventually be eliminated as the petitioner plans to have a service delivering vehicles directly to the customers. The proposed use is consistent with the polices and guidelines of the Core commercial land use designation of the 1998 Community Plan. The proposed use is defined in the Roanoke County Zoning Ordinance as a used automobile dealership and requires a Special Use Permit in order to meet zoning compliance, and requirements of the Virginia Motor Vehicle Dealer Board. Since the petitioner desires no outdoor display of used or new vehicles for sale, but does not have the capacity for only indoor storage, staff recommends a condition requiring no more then two vehicles, new or used, shall be stored on the parcel at any given time and no outside display of vehicles for sale shall be allowed. Staff also recommends no outdoor storage of tow trucks, or commercial trucks of that nature. 1. APPLICABLE REGULATIONS Used Automobile Dealerships are allowed by Special Use Permit in the C-2 General Commercial District~ The site will remain unchanged with no display of automobiles or auto parts & 2. ANALYSIS OF EXISTING CONDITIONS Background -The property is zoned C-2, and contains a 7 -unit building. The proposed unit is 400 square feet~ The site is paved and level with two driveways, north and east end of the parking lot. Other businesses on the parcel include a home healthcare service, a collections agency, an insurance claims adjuster, and a furniture sales company. Finally, per a 'Written agreement between Kevin Cook and Mike Bailey, the property owner, only 10 spaces are to be used by the proposed business, "Car Connections~" TopographyiV egetation -Existing developed site. 1 Surrounding N eighborhood -The parcel is at the intersection of Sunnybrook Drive and Dexter Avenue. Surrounding properties to the north, east, and west are zoned C-2 General Commercial District. The property to the south, across Dexter Road is zoned RI Low Density ResidentiaL 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout! Architecture ~ With the new business, the site appearance would remain unchanged. There will be no automobiles displayed outdoors for sale. Mr. and Mrs. Cook will market and sell used and new automobiles via the Internet. Even though this proposed use is not a typical used car dealership, the Virginia Motor Vehicle Board requires a dealer license and a physical address to operate from. The dealer license requires compliance with local zoning codes through the special use permit. Access/Traffic Circulation - Occasional visits by potential buyers and clients would generate minimal traffic. These visits would include an initial consultation, signing of contracts, and final delivery of purchased vehicle. Fire & RescuelUtilities -There services would not be affected. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated Core conunercial in the 1998 Roanoke County Conununity Plan. The Core designation encourages high intensity urban development. The proposed use is consistent with the polices and guidelines of the Core land use designation. S. ST AFF CONCLUSIONS No changes to the site are necessary or desired by the petitioner. The proposed use does require a Special Use Permit in order to meet the zoning compliance requirements of the Virginia Motor Vehicle Dealer Board. Staff recommends the following conditions: 1. No more than tvvo vehicles shall be stored on the parcel at any given time. 2. No outside display of vehicles for sale shall be allowed. 3~ No truck or commercial vehicle with, or designed to have, more than two (2) rear wheels shall be stored on the parcel. CASE NUMBER: PREPARED BY: HEARING DATES: 8-4/2006 R. Mahoney PC: 4/4/2006 BOS: 4/25/2006 2 Mar 27 06 06:24p Kevin Cook County of Roanoke Community J)e..elopment Plannine & ZoninE 5204 BeJn3Id Drive POBox. 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (S40) 776-7155 ALL APl'UCANTS 5402650003 p.2 For SuffUse OD P<--- 6LeC031 \ o.lt' f<<C....-ed~ " ,_'.J:~~_ _. _ _ ... .. AppL~rion r~ RCCe1Y1Cd by: Cue N' I.IIPbef Checlc. type of ppJ,cauon filed (check all tha1 BPply) o R.ezoning ~i.1 Use D VartaDCt 0 Walvc" 0 Admioi:-tr.tin: Ap-poe.1 o COMp Pla. (15...2-1231) R~iew Phoae; Work: Cell #~ FlU. No ; 5HD-~I'/-~ ~:~~ ~2!.5~~~ Stto-~-~r~ ~n ... ~ .. A'i 2-~ Pb()oe If: Work; FaX No. 14: Magigtaial District: J/ oil, h ComMunity P1annlng a.n:::.a~ ;loll i"5 C2 (;.I 00 0 Exi.uing ZObjrlg: Ex.i1.-rin~ LUJd U:;e: ~e p REZONING, gEe/AL USE PERMIT, WAlVER.AND COM' PUN (J~1"]1J;1) R.EVIEW APPUCANTS CRJSIW/CY) P"roposc:d Zonins~ CZ I Spec."a.J use penn-cr Proposed Land Usa:: Does th!t p:n-c1t1 meel the minimum lot area, w-jdm. n.nd fronbCe. Ic.qUlrCOlCOlS of the rt;quc~!c.d di:;trict? tr;;) No IF ~O. A V A.R1ANCE lS RLQUlRED FIRST.. ~ mo }Woel meet the minirnurn critc::ria Cor the requested U~ T)'pC'?~ No IF NO, A VARIANCE IS REQU"JRED FlRST If ra.obmg request, .aI"E COIJditions beiDa praffered \vith tho reques1? Yes Nt) Y A.RJANCE. W A./YER ANP ADM/NlSTRATIYE APPEAL APPLICANTS (VIWIM) Vori:mco'WaivtlC of Secnon(s) -11/ /:lr oftbc R.ouIo)u:: County Zoning Onli..-ot'(: in order to: Appeal of Zooing Admioil.tnttor"s du:illOO to Appeal of lJJtc.rprcation of Sectil)n(!;)~ oftbc Roanoke CoW'1ry Zollir'\l Ord;ru.nec Appeal of lnlerprcutioD of Zoninl Map to 150 [he: application complele? Pietist check if t:D(:105~t1. A.rPLI(:A TION W1LL NOT BE ACCEl'TF..D IF AN'Y OF THESE J,TEMS ARE M1SSINC OR INCOMPLETE. l~! (1 W~~~ V/~ ~~ vr~A Consultation a 8 112'" ,. 1'. cooctpt plan ~ Applil;DtloO fee ApplJ.c:uton MC.';C'llInd bouDd, d5cription rrctr~ ifJc-pHcabJc y 1unit\~ti.on W.l~ ar\d ~ 'pplication Adjoining proPcrt>' ~nen: 1 bctt'b "j ~rti fy Uu,,( J :.m ci Ihcr the OwMe' 01lhc pro f...rry ~ thlr O\lJo'OCtr.ll.s .~t)[ Of co~ ~ pvrdwcr Ind am IICI.OC wi ~ !be blo \AI Jedtc. .ilf1teJ cOC3cnl of {he owner. . ~... ..,""'\ ...: ~-..""'I ~. ......;1'(_ _ __' r~ ...... ..... ._ "t 1~" r or """'),1 <? .~ /... I. ...{.. \,,..... Ownert,! SignJ.ln1~ &},. '.' ,-~L:-~";/' . ~ '--. ._ .., ~_ ::=-""'- ::. ~- " ,. 2 JUSTIFICA TION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS n_ APplic~nt --. -~.e.~LQ fho({fL CD~Df. The Planning Commission 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 well as the purpose found at the beginning of the applicable zoning district classifIcation in the Zoning Ordinance. Spec 61 USe- ~(hi+ per~C3\.ni~ to howfOC prrp'fy wt'tl be ([cd. furettHy tJ- LhmrnerCkJI rrr{ffn; 1 of'fJre J'psce. Will be tJstrl J'olet (i( Comp~H1V hed~lJ;J{m. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. '"thiS pro~(*L !-aIls vnDer m &re Idnd oJrfH ,wt.ere JI1[)ffJ01 Ctr:JerS) ~ful J usesdr'd pl:Jllned olhrc. deve1opmenJ- IS- enC/)tlI6:(JfrI. 1hlS b~sJrt'S) f~lls under +iuS jlll'deUI>e. Please describe the impact(s) of the request on the property itselft the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation an8 fire and rescue. No Pu.rfheY' I~ 01] ..;fus pr{)pe~-h;.. CurretJffv ~ cNe 1\"'td1ider -bt: Stored InsIde. J}ere w;11 be n() veHC!es oufs/de. CurrOLfprtpeIly wHl hJve.. 110 cfutrl.e itJ OJp~QJreICe. 11er-c. will ~ no veJ1icJes Jlored 0'( d iSpby-td 0 uJ--S'ide · 3 I CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such Cases involving rezonings, the applicant may proffer conditions to limit the future use and deve!optnent 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 Dr variance) the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required Vv"ith aU 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 Date, scale and north arrow Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses~ floodplain, etc. The zoning and land use of all adjacent properties ~ b. Y c. v d. r' e~ v f. Vg. v h. L i. ~ j. All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adj acent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS v" k. Existing utilities (water, sewer~ storm drains) and connections at the site /' 1. Any driveways" entrances/exits, curb openings and crossovers L m. Topography map in a suitable scale and contour intervals / n. Approximate street grades and site distances at intersections / o. Locations of all adjacent fire hydrants vwh p. Any proffered conditions at the site and how they are addressed /pJ~ q. If project is to be phased, please show phase schedule the checklist above are complete. 6 In accordance with Roanoke County zoning regulations, this form was -, --~--genetated-to-.represent-the- eoncept--Plan7 Checklist: ,for' theu8pecial: U se--,Permi t 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 - .38 acres D~ Location- 7400 Sunnybrook Dr. Unit 6. Owner - D~ 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. ZoninglUse - 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-SeeAttached~ H. Existing Buildings - 7 -unit office building. 1 story wood frame building with brick face and shingled roofs. Proposed unit is 400 sq. ft. I. Location -7400 Sunnybrook Dr. Comer lot at intersection of Sunnybrook and Dexter. Streets are 16ft wide. See attached Map J. DrivewayIParking 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, storm 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 Sunnybrook and Dexter, approx~ 16 feet from the parking area. See maps. P. Proffered conditions - Nt A Q. Phase Schedule - Nt A DMB Properties, LLC POBox 19684 Roanoke, Va& 24019 (540) 366-8829 Fax (540) 366-6737 April 4, 2006 Rebecca Mahoney Roanoke County Zoning and Planning Roanoke, Va. To whom it may concern, Please be advised that per our agreement, out of the 21 spaces on my property, ten spaces are designed for Car Connections use by paying an extra premium beyond the required monthly rent. Mr ~ Cook has introduced himself and his business to all four of my tenants and adjoining neighbors with no concerns received from them to me. Please contact me if there are any further questions. Thank you, ~ e Bailey DMB Properties, LLC l", Planning & Zoning Divis;on Community Development NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Pennit petition 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 information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional infonnation and provide written COlnlnents and suggestions to be included in a written Inemorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning COlnmission 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 ~/~ ",' .-,," ./" Parcel: 27.14-4-5 DATE: 25 January, 2006 SCALE: 1 '. == 50' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE OPERATION OF A USED AUTOMOBILE SALES BUSINESS LOCATED AT 7400 SUNNYBROOK DRIVE, SUITE 6 (TAX MAP NO. 27.14-4-5) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF KEVIN AND JENNIFER COOK WHEREAS, Kevin and Jennifer Cook have filed a petition for a special use permit for the operation of a used automobile sales business to be located at 7400 Sunnybrook Drive, Suite 6 (Tax Map No. 27.14-4-5) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 4, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia. held a first reading on this matter on March 281 2006; the second reading and public hearing on this matter was held on April 25, 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 Kevin and Jennifer Cook for the operation of a used automobile sales business to be located at 7400 Sunnybrook Drive, Suite 6, in the Hollins 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) No more than two (2) vehicles shall be stored on the parcel at any given ti me. (2) No outside display of vehicles for sale shall be allowed. (3) No truck or commercial vehicle with. or designed to have] more than two (2) rear wheels shall be stored on the parcel. 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 PETITIONER: Sonic Restaurants, Inc. CASE NUMBER: 9-4/2006 T-~ Planning Commission Hearing Date: April 4, 2006 Board of Supervisors Hearing Date: April 25, 2006 A. REQUEST The petition of Sonic Restaurants, Inc. to obtain a Special Use Permit for the construction of a drive-in and fast food restaurant at 4504 Challenger Avenue in the Hollins Magisterial District. B. CITIZEN COMMENTS One citizen spoke in support of the permit. C. SUMMARY OF COMMISSION DISCUSSION Mr. Josh Gibson presented the staff report. A representative of the petitioner addressed concerns from the staff report. Commissioners in support of the permit stated that the use was consistent with the area. D. CONDITIONS 1. Substantial compliance with the concept plan prepared by Parker Design Group dated 2/15/06. 2. Freestanding sign shall be limited to monument-type. Maximum height shall be 12 feet 6 inches. E. COMMISSION ACTION{S) A motion was made to make a favorab1e recommendation for the special use permit request. Motion carried 5-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Janet Scheid, Secretary Roanoke County Planning Commission 9 Petitioner: Sonic Restaurantst Inc. Request: Special Use Permit for the operation of a drive-in and fast food restaurant 4504 Challenger Avenue Holli ns Location: Magisterial District: Suggested Conditions: 1. A monument-type sign is suggested. 2. Substantial compliance with concept plan prepared by Parker Design Group dated 2/15/06. 3. Petitioner should provide the County with a conceptual plan showing the proposed use in relation to the surrounding commercial development. 4. Petitioner needs to show that this type of use (fast food restaurant with drive- through window) or a similar use for the above property was incorporated into the original traffic impact study for the larger commercial development. OtherwiseJ a traffic impact study will be required. EXECUTIVE SUMMARY: This is a request by Sonic RestaurantsJ Inc. to obtain a Special Use Permit to operate a drive-in and fast food restaurant at 4504 Challenger Avenue. The 1.101 acre site is currently zoned C-2. The property is designated as Core in the Future Land Use Map from the 2005 Community Plan. The Core designation encourages high intensity urban development. Core areas may also be appropriate for larger-scale highway-oriented retail uses and regionalty-based shopping facilities. The proposed Special Use Permit is in compliance with the 2005 Community P\an. 1. APPLICABLE REGULATIONS The Roanoke County Zoning Ordinance defines a URestaurant, drive-in or fast food" as an establishment primarily engaged in the preparation of food and beveragesJ for either take-out, delivery or table service, served in disposable containers at a counter, a drive-up or drive through service facility or offers curb service. These restaurants are allowed in C-2 zoned districts with a Special Use Permit per Section 30-85-24(A). The applicable section under general standards reads as follows: (A) General standards: 1. AJl drive-through windows shall comply with the standards for drive-through facilities contained in Section 30- 91-10. Virginia Department of Transportation (VDOT) approval is required for all entrance permits into the proposed development. A traffic impact study may be required. Roanoke County site development review will be required. 2. ANALYSIS OF EXISTING CONDITIONS Backaround - This is a vacant site located on Challenger Avenue in eastern Roanoke County. The site is located along a major corridor (US Rte 460) and ,s adjacent to a Lowes retail store and a War-Mart retail store. Topoaraphv/VeQetation - The general character of the proposed site is disturbed land. Jt is generally flat except for steeper slopes leading to US Route 460 and the entrance to Lowes. There are no natural buffers or vegetation. 1 SurroundinQ NeiQhborhood - Most properties surrounding the proposed site are zoned C-2 general commercial district. Properties directly across US-460 from the property are zoned R-2, as are many of the parcels on nearby Huntridge Road. The property is located directly in front of Lowe's Home Improvement Store and War-Mart Supercenter. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout'Architecture - Sonic Restaurants, Inc. proposes to construct a 1,526 square foot building on the site at 4504 Challenger Avenue. A conceptual rendering plan has been included with the application. There are no buffers included with the conceptual ptan~ as it is not required for this property. Screening for on-site dumpsters is shown in the conceptual plan. The proposed building is situated in the center of the 1.1 01-acre lot, with parking on two sides of the structure. The proposed entrance to the property is from a private drive that is accessible from the westbound lane of Challenger Avenue/US Rte 460 West. These details of the conceptual plan have not been proffered. AccesslTraffic Circulation - The proposed special use will increase traffic to this site. A fast food restaurant with drive-thru window ( ITE land use code 934) could generate up to 757 vehicle trips per weekday, 81 vehicle trips per weekday (peak hour morning)} and 53 vehicle trips per weekday (peak hour evening). Access to this site comes from a private road that serves a larger commercial development. As a small part of a larger commercial development, it should be ensured that this type of land use was addressed in the original traffic impact study. The petitioner should also provide staff with a larger scale conceptual plan that shows the property in relation to the surrounding commercial development. Fire & Rescue/Utilities - There appears to be sufficient water supply near the property with respect to Fire and Rescue operations. The property is located within 2 miles of the Read Mountain Fire Station. The impact this deveropment would have on fire and rescue is 2 additional fire inspecHons per year by fire prevention personnel. Zoning - If a freestanding sign is proposed at this location, a monument sign is suggested. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN This site is in conformance with the Core area designation of the Future Land Use Map from the 2005 Community Plan. The Core designation encourages high intensity urban development highway-oriented uses. Commercial zoning currentfy exists, the location is served by an arterial street, and it also is currently served by urban services. The surrounding zoning also supports implementation of the Future Land Use map 5. STAFF CONCLUSIONS This is a request by Sonic Restaurants, Inc. to obtain a Special Use Permit to operate a drive-in and fast food restaurant at 4504 Challenger Avenue. The 1.101 acre site is currently zoned C-2. The property is designated as Core in the Future Land Use Map from the 2005 Community Plan. The Core designation encourages dense commercial use along major highways. The proposed special use of a fast-food restaurant with drive-through window is consistent with this type of development. Staff has commented that the above-listed requirements should be met in order to fully review this special use permit application. CASE NUMBER: 9-4/2006 PREPARED BY: Joshua C. Gibson HEARING DATES: PC: 4/4/06 80S: 4/25/06 2 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 Pz- o[Q0038~ For Staff Use Onl Date recei ved: 6)' Received by: Placards issued: 7 Case Number q _ 1...1 Check type of application filed (check all that apply) o Rezoning IX Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15&2-2232) Review Applicants name/address w/zip Sonic Restaurants, Inc. Attn: Jason Kapka 300 Johnny Bench Drive Oklahoma Ci ty, OK 73104 Owner's name/address w/zip F&W Community Development Corp. Attn: Steve Claytor P ..0. Box 2006 0 Property Location 4504 & 4510 Challenger Avenue Roanoke COilllty Tax Map No.: 040.14-01-02.09-0000 Size of parcel(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: Corrmercial - Vacant REZONING~ SPECML USE PERMIT~ WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (RISI\V/CP) Proposed Zoning: C-2 Proposed Land Use: Drive-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 REQUmED FIRST. Does the parcel meet the minimum criteria for the requested Use Type~ No IF NO, A VARIANCE IS REQum.ED FIRST If rezoning request, are conditions being proffered with this request? Yes No . .. . V ARlANCE~ _ WAIVER AND ADMINISTRATIVE APP~AL;APPLjCANTS ~IW/AA) VariancelWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is tbe application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE l\fiSSING OR INCOMPLETE. V/AA H ,I X. 1.-' rf R1SM'ICI! V/AA Consultation 8-l/2" x 11 JLconcept plan ~ Application fee Application Metes and bounds description n a Proffers, if applicable ./ Justification n 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 knowledge and consent of the owner. C ~ .~ Owner's Signature 2 JUSTIFICATION FOR REZONING, SPECIAL USE PER1\1IT WAIVER OR COMP PLAN (15&2-2232) REVIEW REQUESTS Applicant SONIC RESTAURANTS, INC The Planning Commission 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 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 "corell. It is supportive of nhigh 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 I1corell areas in the county. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The impacts the proposed project will have on the existing infrastructure will be minimal. Water, sewer, stormwater, and traffic 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 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 o(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 regulatio'ns 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, ~De..f..ial use permih waiver, commu~ity 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. Date, scale and north arrow V c. Lot size in acres or square feet and dimensions V d. /' e. Physical features such as ground cover, natural watercourses, floodplain, etc. / f. / g. / h. /i. / j. Dimensions and locations ofall driveways, parking spaces and loading spaces Location, names of owners and Roanoke County tax map numbers of adjoining properties The zoning and land use of all adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS ../' k. Existing utilities (water~ sewer, storm drains) and connections at the site /" l. Any driveways, entrances/exits, curb openings and crossovers /' m. Topography map in a suitable scale and contour intervals /. n. Approximate street 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 1:!/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 2. 13--- Signature of applicant (At:;. E:"""'-) .z. /6"~, I Dat~ 6 ~~lrN~~! METES AND BOUNDS DESCRIPTION Description of Lot 2A (1.101 acres) F & W Community Development Corporation Subdivision (P .8. 26. Pg. 94) Tax No. 040.14-01-02.09 Beginning at a 1/211 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 IIAL TAlACSM Land t;tle survey for Sonic Restaurants, Inc." by T.P. Parker & Son dated December 22,2005; thence along the northerly right-at-way of Challenger Avenue, S 37041 ~ 111' W, 116.5~1 to a pin with cap found. designated corner no. 2; Thence, continuing with Challenger Avenue, S 26036'04" W, 133.51 t 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 60016'03" W, 227.831 to the easterly property Hne of Lot 4A, property of Lowes Home Centers, inc., to a pin set, designated corner no. 9; Thence with said property line with the foflowing four (4) courses: N 45013150" E, 240.31' to a 1/2u pin found designated corner no. 10; Thence with a curve to the left whose radius is 265.00', arc distance of 50.811 (ch = S 66031J46U E, 50.54') to a pin with cap found, designated corner no. 11; Thence, N 58053109" E, 33.54- to a pin with cap found, designated corner no. 12; Thence, S 50047133" E, 107.34' to the point 01 beginning and containing 1.101 acres and being shown on the aforesaid plat by T.P. Parker & Son. 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 ifnew or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County 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 necessitatefurther 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 PlalUling Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April19t 2005 s..... I.:::... ~ ~ e,c:..lA L. l.b.e... ?e..~M\...,.... Name of Petition SLt,L ~. &-- Petitioner's Signature ( N:a e..M' ) 't. //'1 /PI- ,. I Date AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A DRIVE-IN AND FAST FOOD RESTAURANT LOCATED AT 4504 CHALLENGER AVENUE (TAX MAP NO. 40.14-1-2.09) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF SONIC RESTAURANTS, INC. WHEREAS, Sonic Restaurants, Inc. has filed a petition for a special use permit for the construction of a drive-in and fast food restaurant to be located at 4504 Challenger Avenue (Tax Map No. 40.14-1-2.09) in the HolJins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 4, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 28, 2006; the second reading and public hearing on this matter was held on April 25, 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 Sonic Restaurants, Inc. for the construction of a drive-in and fast food restaurant to be located at 4504 Challenger Avenue in the Hollins 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 followjng conditions: 1 (1) Substantial compliance with the concept plan prepared by Parker Design Group dated 2/15/06. (2) Freestanding sign shall be limited to monument-type. Maximum height shall be 12 feet 6 inches. 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. 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V"l o ~ ~ ... ~~~ u.......lf') ~~~ '-'00(00( ~~~ 2:i~ ~ .-H 00(0 ~~ ~ ~ ~ < ~~ ~~ QV1 t'<( ~lIg w.....1-1- ........om ~~~~w~~~ ~~g~~~~~ g L..i II II II =:t .. ~~~~~~~ <~2:Ct:Lii~~ :rl....Vi j:8 :~~ 85 30::.~ ::C:....J o ::I:t~ ~~ Z ~~~ 9~ z ~~~ ~~ o N N I u o w Z o N >- ....- 0:::: W a... o 0::: a... ~N""; ..rLJ"l .:.: :z <( u =:J 0..- 0..- <( 0..- :=> tn ~ vO >.- vi g~ ;Zo..c.::::::: <i.:t.uO c..c O::oQ) . =>~co >. <( ;::: t- !:: >. U {/)o-= wlnco O::~"5E U..""?~ z.5oE O.....O.:L' tf)<ino u ~ ~ Cz:l ~ < 0 -' U 0 (I) f-O Wlt:l ~ W ~ II ::r:: ~..c ~ u -- .:: <t 5l ~ CJ ~ T-G PETITIONER: CASE NUMBER: Che Torry 1 0-4/2006 Planning Commission Hearing Date: April 4, 2006 Board of Supervisors Hearing Date: April 25, 2006 A. REQU EST 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 B. CITIZEN COMMENTS There were no citizen comments. C. SUMMARY OF COMMISSION DISCUSSION Ms. Wood presented the staff report. Mr. Sean Horne, Balzer & Associates, and Mr. Torry gave brief overviews of the proposed project. Mr. Jarrell asked why condition #3 was proffered. It was explained that the top of the proposed building was only slightly below the Jevel of the adjoining R-2 zoned properties and there was a concern for sight and sound issues. D. CONDITIONS 1. The development of the site shall be in substantial conformity to the Concept Plan and Proposed Elevation concept plan dated February 28,2006, subject to those changes that may be required by the County during comprehensive site plan review~ 2. Hours of operation shall be from 6am - 10pm Monday through Friday, 9am -5pm Saturday and 12pm - 5pm on Sunday. 3& A professional engineer must design and seal the retaining wall plans for the site~ 4. There shall be no roof top mechanical equipment proposed. E~ COMMISSION ACTION(S) Mr~ Thomason motioned to approve the request with proffered conditions. The motion carried 5-0. F. DISSENTING PERSPECTIVE None G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Janet Scheid, Secretary Roanoke County Planning Commission 10 Petitioner: Request: Che Tony The petition is to rezone .92 acres from C-1 , Office District to C-2J General Commercia1 District in order to construct a personal improvement service (personal trainer) business Location: 4600 block of Brambleton Avenue Magisterial District: Proffered/Suggested Conditions: Windsor Hills Magisterial District 1. The development of the site shall be in substantial conformity to the Concept Plan and Proposed Elevation concept plan dated February 28, 20061 subject to those changes that may be required by the County during comprehensive site ptan review. 2. Hours of operation shall be from 6am -10pm Monday through FridaYJ 9am -5pm Saturday and 12pm - 5pm on Sunday. 3. A professional engineer must design and seal the retaining wall plans for the site. 4. There shari be no roof top mechanical equipment proposed. EXECUTIVE SUMMARY: This is a request by Mr. Che Torry to rezone the property to construct a two story approximately 6000 square foot per floor building consisting of a personal training studio and office space. The property is approximate'y .920 acres and is currently zoned C-1 Office district. The proposed studio and offices conform to the proposed C2 General Commercial district zoning ordinance standards. The site is designated Transition by the 2005 Community Plan. 1. APPLICABLE REGULATIONS Personal Improvement Services are defined as estabHshments primarily engagea in the provision of informational, instructjonal. personal improvements and similar services. Typical uses include driving schools, heaJth or physical fitness studios, reducing sa'ons, dance studios. handicraft and hobby instruction. Personal Improvement Services is a use permitted by right in the C2 - General Commercial district. 2. ANALYSIS OF EXISTING CONDITIONS Background - Mr. Torry is proposing a new business for the Roanoke area. The project will consist of a personal improvement services business on the lower floor and physical therapist and counseling offices on the second floor. The first floor business win consist of 6 personal trainers with an average cHentele of 15-20 people. The second floor businesses will consist of several physical therapy offices and one counseling office a rea. TopoQraphy/VeQetation - The parcel is level from Bramb'eton Avenue and rises steeply on the north and south sides and approximately 40 feet on the west side. There is considerabJe vegetation and trees on an three banks of the property. SurroundinQ Neighborhood - The surrounding neighborhood consists of R2 zoned properties to the west and south of the parceL Titan Park a C1 zoned parcel is rocated to the north of the property and across Brambleton Avenue to the east is S1. John's Lutheran Church on a parcel zoned C2. Site Layout/Architecture - Mr. Torry proposes to construct a MO story building. not to exceed 30 feet, for his personal trajning studio and office space buifding on the sjte which is illustrated by the architectural desjgn conceptual rendering enclosed dated 2/28/06. All outside mechanical equipment will be located in the area between the proposed building and retaining wan on the west side of the property. This will set the units befow the top of the retaining walt and will not be visible from the adjoining residential properties. The top of the roof line will be approximately eight (8) feet be'ow the northerly property lineJ resulting in an average retaining wall height of approximately twenty (20) feet in the parking lot area and approximately twenty-eight (28) feet high along the building area. AccessfTraffic Circulation - Public utilities, roads, schoo1s and parks would not be negatively impacted. Per Traffic Engineering Manager, Anthony Ford, use would generate 18 VTD between 7 and 8am and 34 VTD between 4 and 6pm. These number are not sufficient to trigger a traffic impact study per the criteria set forth by the County Planning Commission. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is in the Transition area of the 2005 Community Pian. The T ransitjon future land use area encourages the orderly development of highway frontage parcels. Transition areas serve as developed buffers between highways and nearby or adjacent lower intensity development. Intense retail and highway oriented commercial uses are discouraged, however office institutional and small-scale, coordinated retail uses are more suitable. Planned office parks and independent facifities in a park-like surrounding are encouraged as well as small-scale planned and clustered retail uses. The parcel is located where commercial zoning exists, has direct frontage and access to an arterial or major collector street and serves as a log ical buffer strip between residential and commercially zoned areas as noted in the Transition Land Use Determinants section of the Community Plan. 5. 5T AFF CONCLUSIONS The petitioners' rezoning request is compatible with the existing and future uses of the Transition Land Use designation of the Brambleton Avenue area. If recommended for approval, the following conditions are suggested: 1. The development of the site shall be in substantial conformity to the Concept Plan and Proposed Elevation concept p~an dated February 28t 2006, subject to those changes that may be required by the County during comprehensive site plan review. 2. Hours of operation shall be from 6arn - 10pm Monday through Friday, 8am -5pm Saturday and 12pm - 5pm on Sunday. 3. A professional engineer must design and seal the retaining wall plans for the sjte. 4. There shall be no roof top mechanical equipment proposed. CASE NUMBER: PREPARED BY: HEARING DATES: 10..412006 Tammi Wood pc: 4/4/2006 BOS: 4/25/2006 2 Apr-, IB-~6 02 23P . : Wayne Ayers Tax Serv;cQ 540 563 4016 P...02 , .'.......... PROPfE1lED CONDITIONS Petitioner; Request: Che Tony L..ocanon: The pttition 1& to rezone .92 8efM from C-1, Office District rIl C-2. General Commercia} Dishier in order fa Q)I$J'\JCt a personal itnprowmen f sertice (persofllJ trainer) business 4600 bIocl: of BrambJlton Avenue \Mndsor Hilts Magisterial Oistrie, 1- The de~ment rl !he site sh.JI) be in !ubslantial COnformity to the Conceot Plan iIld Proposed Elevation CX)~ p1ao dated February 2a~ 2006. SJbjed to tho... eh.,ges thlf may be required by the County during comprehensi~ site pl&n reyiew. j , ! I Magiltenll Distrfct: ProffaredtSuSJgeCted Conditions: 2. Mours of oper~ Shsl be from 68m -10pm Monday throu~ Friday, 9am ..5pm Saturday and 12pm - 5pm on Sunday. 3. A professional engineerrnust de&tgn _ seallhe mtaining wall plans b the 5ite. 4. There sh8iJ be tto roof tdp rn&chanieal uquipmoot Stg~; ~~ Lf/;rY )0 ~ T;Oe: Date:_ Signed: Title: ~ Dafe ~ .... .. ""'" 3 ::r f'l..1 ffl1 &~ ~n~ fll .7Vn~VO~ . \ ':J i1 1&T () '1 II ") ':l\I rH..~V() ).l ~S;:lL9LL Dt~ IV:! ~~:~{ DOQZ/tl/tO eo C T } Q l' () fo ~ V\,T..f tn' ' Q 0 Q n n ~ leT f f n 64L19/20es 08:33 7573450169 V4/14/ZUUU LO;UU tAA 04U //OIJOO Petftloner: Request Location: Magisterial Dietrtct: ProfferedfSugge.sted Condition,: CHE TORRY J\Un.t.u.a.o \tV VV. f,J&t:l. . I"'"'At:Jt:.. ~:i/~, PROFfEREO CONDI'rIONS ehe Torry Tha petition Is to rezone ,92 acres from C-1 , Offtee District to C-2, General Commeraal District in order to conGtruot a personal improvement selVice (personallrainer) business 4600 block of Brambfeton Avenue Windsor Hills Magisterial Disbict 1, The devetopment of the site shaH be in aubstantia) conformity to the Concept Flan and Proposed Elevation concept plan dated February 28~ 2006, subject to ttlose changes that may be required by the County dUrfng camprehenmve site plan review. 2.. Hours of operation shall be from6am -10pm Monday through Friday, 9am -5pm Saturday and 12pm - 5pm on SUnday. 3. A professional englneer must design and seal te retaining wall pJans for the slte~ 4.. Thers shall be no roof top mechanical equipment --- Signed: Tlfle: ~t'tCS \~~~ Date: ,-1 ~~ l{ o~ Signed: _ Title: Date: 3 County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 {)z. o LeQJ3~l For Staff Use OnI Reeei ved by: Check type of application filed (check all that apply) Jl Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Phone: Work: Cell #: Fax No.: gcrl-C1:A4 Applicants name/address w/zip C l-tE TO ra..~'Y eo333 CHrtrsTI6 L.aJ ~&b"-e, VA zqOJ8 ~ c.&.wY 1~5-r.2<:{~ Owner's name/address wlzip ,-,( "'1Ne ,A "l cR.S S7 -, 5 ~ C-.R.e:li K: 'R-D J20 AN C\C.E I VA 1.'-I019 Phone #: Work: Fax No. #: 353-/IZ7- Property Locati on o B1t.",W1 ~ Le7Ot'J. A" G I, Lt~O b~ Tax Map No.: 08Co. 08 -O,-/- -I f.t:;i 02-CO Size ofparcel(s): Acres: O. q Z Magisterial District: ~~ Community Planning area: C ~e S Existing Zoning: C., t Existing Land Use: V ~C~J4-r WI"" DSOtz, HI U,S !!AZJi~!NG, .~f~qJAL:ci$~lil?lJ4"T~"AIVJiIl..~NR?pfMP!f.4l'th$,i;~~~~~1j1Jij1~wj:~p~ l~H<<r~n@SnY/~fX~/ Proposed Zoning: c... Z. P-&..."'ZCf~~\ -\.-eA.u~:'l I to I Q:X:) -:.:IF Proposed Land Use: ~ "YZd(,/&~e- r Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes p. No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes 1- IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No ~ ';'f}~fatv~~t{iPA}tij'~~~Ji1~X1i&j~'TRA!lfl1~PEAtCCi~ftt:E~Xit~,tK@jA)~';~.;. . VarianceIWaiver ofSection(s) No 0 of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S/W/CP V/AA R/SfW/CP V/AA ~ Consultation ~..,... 8 1/2" X Ill! concept plan -/'- Application v'--' Metes and bounds description V' Justification - Water and sewer application I hereby certify that I am either the owner of the property or{the owner's of the owner. \ RJSIW /CP V I AA ;/ Application fee Proffers, if applicable Adjoining property owners ct purchaser and am acting with the knowledge and consent Owner's Signature 2 Applicant (! It€ IOtz R.j The Planning Commission will study rezoning, special use p,ennit 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 well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. ::# I See A. TT\Ac.. t-h::ll) Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County ComnuUlity Plan. tt,- c:;~ ~Tl\ACl1t::'v.J Please describe the impact(s) of the request on the property itselft 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. :It ~ ~ A-~ fte:-v:) 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 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 pennit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use pennit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, conununity plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may val)', 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 followinp; are considered minimum: ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover) natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties g. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, stonn drains) and connections at the site 1. Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. Signature of applicant Date 6 Tax #86.08-04-16.02-00 Applicant Che Torry #1 This project furthers the intent oftbe 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 will 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. 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 determine if a continuance may be warranted~ POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver~ Public Street Waiver, or Special Use Permit petition if the County 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 conunents and/or suggestions to the planning staff and the Plarming 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 7 . ;.7. 1.1 c.,r Date 03/01/2085 80:57 5407728058 BALZER&ASSOCIATES PAGE 02/02 Legal Description of Roanoke County Tax M,ap #86~08-04-16~02 Begin.n.ing at a Point on the westerly right-of-way line of Brambleton. Avenue (U.S. Route 221) at the southeasterly comer of Titan Park (Instrument #200416420), a.pproxirn,ately 140 feet from the South,vesterly intersection of Brambleton A "coue & Pleasant Hill Drive (Route 1548), being the nortl1easterly co.mer of the Tract A of Queens Court (Plat Bookl 0, Page 97) after a con'leyance to the Cornmollwealth of Virginia in Deed Book 1314, P age I 099; thence continuing with. the westerly rigbt-ofnwa y line of Brambleton A ven.ue S28012~09')')W, 391.94 feet to a point at tbe northeasterly comer of NfF Benjamin D. Owen & Susan L~ Schauweaker (Instrument #200215702); thence lea\ring said right-of-way and continuing along the northerly line of said. Owen pro.perty N59034'OS"W, I 04.63 feet to a point at the southeasterly corner ofNIF Judith E. Orourke (Deed Book 1604" Page 734); thence leaving the line of O,,'en and continuing along the easterly line of said Orourke property and the line:: of Lots 3) 4 & 5 of said Queens Court plat N27045'05"E) 370.23 feet to a point on the southerly line of Titan Park; thence leaving the line of said Orourke property and Lots 3, 4 & S and continuing with the sOlltl1erly line of said Titan Park S71007'38'!.E, 108.91 feet to the Point of Beginning c.ontailling 0&9277 acre and more particularly ShOVvll on "Plat Showing the Surv"ey of Lands of Salem Bank & Trust bein.g Conveyed to Both I.. Wayne Ayers & J enn.ifer Jacob - Ayers & William E~ & Lorraine L~ L.an.ge" prepared by .RaymDnd E. Robertson, dated April 28, 1993 recorded in Deed Book 1403, Page 1194 of the cler.k's office oftJJe ci.rcuit court ofRofl.l1.oke County~ Virginia. 086.08 - 04 -16.08 - 0000 ~ is ~ ~ ~ IJ gj I Qj 086.08 - 04 -18.00 - 0000 lY\LZEQ ANO ASSOC14TES ~NC . ADJACENT PROPERTY MAP FOR TAX MAP #86.08-4-16.02 . PlANNERS . ARCHITECTS . ENGINEERS . SURVEYORS ROANOKE COUNTY, VIRGINIA 086.08 - 03 - 29.00 - 0000 SCALE: ,. = , 00. z 0 ~ ~ ~ > ~ \D ~ 0 0 N ~ cG -< ~ cG ~ ~ u... 00 N -< .- Z9 G~ cG II >~ * UJ........... ~ OLU Z~ << O~ cG u 2S 1ZI ~ c--.. -< o o 1ZI t.rJ < ~ " U.J ~ -< a.J ~ ~ o w.J " A: ~ " ~ I~~~ '""'J """'J I ID N 0 VINI'Dl::::Il^ I AlNn08 3>lONVOl::::l > > :2 '2 q .. '""'J J (J) ro U! ~i~ ~ I oo::::t ~ I ~ CD ~~~~ ~ N\fld lV'n.ld30NOO >= >= 0 N 0 1j;1.. I ~~;! 1 ; m 0 Iii i I~j.. i !~fi ID !! ~t: ~ li~; ).: 0 0 0 aSoi ffH t~Q !f':~ J"~. m w 0 z 0 CD Eo .jX f ~~~ J -Ii cUI SS:3 N11::J :3SIM:3::Jll z w 0 a.:! .. Z (.) ~ ~ Z [[ Ua. ~ (~-i PI ~ u ~ ~I~~ ~IH in w w m i~jl~ iHj!~ w I ~ r 0 g-l~ 0 0 U Vl _lEG.1.L m..'" II. ..II ... .. III II. -;) /" Z l · t l /" I t /" /" ' t /" /" ... - .... .... ".. /" \ , l l A ~ - _ ~ ! " - ~ --l.. r ,I --1- /~ / --....- - W :) I U Z Q: j W I > U <( Z <[ a:: w Z J: ...... 0 :J ...J f-- -.J ',.r. W c( , U; ..-J ::. m 'w 'l:) ~ Z ~ <( w 0::: z m I 0 .., ...: en ~ N N -.~.. W ..b- :j -Ir 0 u M. ... ... _ 0::: <( > \ \ \ 1 [ \ ......... ......... \. \ \ \ \ , .:d f5 I Q - r' · Q to') Q lO Q ~ a lO ll.} --...J ~ (,J ;t a..: -q: ~ a (.Q tI :: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 25,2006 ORDINANCE TO REZONE .92 ACRES FROM C-1, OFFICE DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, IN ORDER TO CONSTRUCT A PERSONAL IMPROVEMENT SERVICE LOCATED IN THE 4600 BLOCK OF BRAMBLETON AVENUE (TAX MAP NO. 86.08-4..16.2), WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE APPLICATION OF CHE TORRY WHEREAS, the first reading of this ordinance was held on March 28,2006, and the second reading and public hearing were held April 25,2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on April 4, 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 .92 acres, as described herein, and located in the 4600 block of Brambleton Avenue (Tax Map Number 86.08-4-16.2) in the Windsor Hills Mag isterial District, is hereby changed from the zoning classification of C-1, Office District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Che Torry. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County~ Virginia, hereby accepts: (1) The development of the site shall be in substantial conformity to the Concept Plan and Proposed Elevation concept plan dated February 28, 2006, subject to those changes that my be required by the County during comprehensive site plan review. (2) Hours of operation shall be from 6am -1 Opm, Monday through Friday, 9am- 5pm Saturday and 12pm - 5pm on Sunday. (3) A professional engineer must design and seal the retaining wall plans forthe site. (4) There shall be no roof top mechanical equipment. 4. That said real estate is more fully described as follows: Beginning at a point on the westerly right-of-way line of Brambleton Avenue (U.S. Route 221) at the southeasterly corner of Titan Park approximately 140 feet from the southwesterly intersection of Brambleton Avenue & Pleasant Hill Drive (Route 1548)J being the northeasterly corner of the Tract A of Queens Court (PB 10, Page 97) after a conveyance to the Commonwealth of Virgin ia in Deed Book 1314, page 1099; thence continuing with the westerly right-of-way line of Brambleton Avenue S. 280 12' 09" W 391.94 feet to a point on the northeasterly corner of N/F Benjamine D. Owen & Susan L& Schauweaker; thence leaving said right-of-way and continuing along the northerly line of said Owen property N. 590 34' 05" W 1 04.63 feet to a point at the southeasterly corner of N/F Judith E. Orourke (DB 1640, page 734); thence leaving the line of Owen and contjnuing along the easterly line of said Orourke property and the line of Lots 3,4 & 5 of said Queens Court plat N. 270 45' 05" E 370.23 feet to a point on the southerly line of Titan Park; thence leaving the line of said Orourke property and Lots 3, 4 &5 and continuing with the southerly line of said Titan Park S. 710 07' 38" E 108.91 feet to the Point of Beginning containing .9277 acre. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 .... ACTION NO. ITEM NO. T-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 Second reading of an ordinance authorizing the vacation of two 50' roads located between Lots 1 0 and 11 and Lots 17 and 18 on the north side of Buck Mountain Road and shown on the plat of Thomas H. Beasley Subdivision, Cave Spring Magisterial District AGENDA ITEM: SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This is the second reading of this ordinance. The first reading was held on April 11, 2006. There have been no changes to the information or the ordinance since that time. AI M. Cooper Construction has requested that the Right-of-Way shown as "Road" in two locations on the Thomas H. Beasley Subdivision dedicated by the plat of record in Plat Book 3, Page 61 to the Board of Supervisors of Roanoke County adjacent to Buck Mountain Road (Rte. No. 679) be vacated for the replatting and anticipated subdivision of the property. The Right-of-Way was originally shown as a connection to the state maintained Buck Mountain Road (Rte. No. 679) for future development of the parcel now shown as 1 B-1 on the Old Heritage Corporation plat (Plat Book 28, Page 44) now owned by AI M. Cooper Construction Inc. Since the Right-of-Way is platted within lot 1 B-1 of the Old Heritage Corporation plat all of the road Right-of-Way would transfer to the said petitioner. There are no adjoining landowners or other persons that will be affected by this action. County Departments and local utility companies were contacted concerning the vacation. Utility companies contacted had no objection in the roads being vacated. Pertinent information shown on Exhibit uAu is attached hereto and titled uPLAT SHOWING TWO UNNAMED ROADS - TO BE VACATED BY BOARD OF SUPERVISORS ROANOKE COUNTY, VIRGINIA". FISCAL IMPACT: The cost and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility ot the petitioners. AL TERNATIVES: 1. Adopt the proposed ordinance authorizing the vacation at a right-ot-way& 2. Do not adopt the proposed ordinance authorizing the vacation of the right-ot-way. STAFF RECOMMENDATION: Staff recommends Alternative 1, adoption at the proposed ordinance as written and attached. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 ORDINANCE AUTHORIZING THE VACATION OF TWO 50' ROADS LOCATED BETWEEN LOTS 10 AND 11 AND LOTS 17 AND 18 ON THE NORTH SIDE OF BUCK MOUNTAIN ROAD AND SHOWN ON THE PLAT OF THOMAS H. BEASLEY SUBDIVISION IN PLAT BOOK 3, PAGE 61, LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Beasley Subdjvision plat prepared by C. B. Malcom, dated February 11, 1948, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 3, page 61, C'the Beasley Plat") established two unnamed streets 50 feet in width and approximately 300 feet in length located between Lots 10 and 11 and Lots 17 and 18 to provide ingress and egress access from the north side of Buck Mountain Road to the remaining property of Thomas Beasley; and, WHEREAS, the property immediately adjacent to and surrounding the two described unnamed streets, consisting of a tract of 60.69 acres, adjoining Buck Mountain Road, Virginia Secondary Route No~ 679, in Roanoke County, is now owned by AI M~ Cooper Construction, Inc ('~Cooper Construction"), as evidenced by a deed from Old Heritage Corporation, recorded as Instrument No~ 200415900 in the aforesaid Clerk's Office on August 24, 2004; and, WHEREAS, Cooper Construction has recorded contemporaneously with the aforesaid deed a current plat of this property, designated as UPlat Showing Property of Old Heritage Corporation Being Tract 1 B-1 (60~069 AC.) (Roanoke County Tax Map No. 87.20- 01-09), prepared by Lumsden Associates, PC, dated August 22, 2004, and recorded in Plat Book 28, Page 44, which indicates that the 60.69 acres owned by Cooper Construction has not yet been developed and that the two unnamed roads have never been utilized and serve no purpose; and, WHEREAS, the above described streets or roads are more clearly indicated as "ROAD" "TO BE VACATED" in two locations on "Plat Showing Two Unnamed Roads - To Be Vacated by Board of Supervisors of Roanoke County, Virginia", dated 3-7-2006, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "An; and, WHEREAS, no other property owner will be affected by the vacation of these two unnamed streets and that their existence imposes an impediment to Cooper Construction's development of its property adjoining these previously dedicated streets; and WHEREAS, the developer, as the Petitioner, has requested that, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virgjnia, vacate those two rights-af-way, each designated as "Road" on the plat of the Thomas HI Beasley Subdivision, Plat Book 3, Page 61, as now shown on the attached Exhibit uA"; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and, WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 11 , 2006, and the second reading and public hearing was held on April 25, 2006. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 2 1. That pursuant to the provisions of Section 18&04 of the Roanoke County Charter. the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 11, 2006. and a second reading and public hearing of this ordinance was held on April 25. 2006~ 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter. the subject real estate (two unnamed streets 50 feet in width and 300 feet in length) are hereby declared to be surplus and the nature of the interests in real estate renders them unavailable for other public use. 3. That those two unnamed streets, 50 feet in width and approximately 300 feet in length. being designated and shown as two roads uTO BE VACATED" on Exhibit "An attached hereto, said streets being located between Lots 1 0 and 11 and Lots 17 and 18 on the north side of Buck Mountain Road and having been dedicated on the subdivision plat for Subdivision of Thomas H. Beasley and recorded in the aforesaid Clerk's Office in Plat Book 3, page 61, in the Cave Springs Magisterial District of the County of Roanoke, be, and hereby are. vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That all costs and expenses associated herewith. including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 5. That the County Administrator. or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 3 .... . 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.2-2272 of the Code of Virginia (1950, as amended). 4 \. . 9 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLA TS, AND CALCULA TED INFORM A TION AND 00 NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. v v C!) a.. co N TAX # 87.20-01-09 EXISTING TRACT lB-l cc a.. 60.069 AC. LEGEND 1(:\f.<i~:~11 ROAD TO BE VACATED ~,.,?~,,~O ' J~'~.r ~l':@' ~o.05' ~l,;:~~,'~U,:/~ ~. 11""0 -.' Rl R d~~~~~ A":;:"~:~'or; . 'If ~ ' ::'>~:_<::" ~ '_o:",>:-o~,;} ,,~.-:..;,:~,;-:) ~ ~ "e"<,,,, 200.42.1 ~t - ~ 4t(~ & Br9 ~~~ I liOj_ .... -- ............... ~... o~ ~ EXHIBIT "A" SCALf: 1 '~=200' PLAT SHOWING TVVO UNNAMED ROADS - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA PREPARED B~. ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT .. . I . ~ t."" 0 ;~;~~~i l~ . . T"'_';"'~~'_o~~' " (,--r ,~, ~ \.~.., 01 ~ ~..'~' . 'b':" ..~ 1!i~ :', Yl~ ~~~\'~ ~'*t~ DA TE: 3-7-2006 ACTION NO. T-~ ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 25, 2006 AGENDA ITEM: Second reading of an ordinance to vacate, quit-claim and release a fifteen foot width drainage easement dedicated by the Deed of Easement recorded in Plat Book 10, Page 112, formerly dedicated by Lynn Brae Farms, Inc., and to accept dedication of a new fifteen foot width drainage easement, said easement crossing the same property currently owned by Cox Cable Roanoke, Inc., Cave Spring Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR1S COMMENTS: SUMMARY OF INFORMATION: This is the second reading of this ordinance. The first reading was held on April 11 ,2006. There have been no changes to the information or the ordinance since that time. The petitioner, Cox Cable Roanoke, Inc., is the current owner of the subject property and requests that the Board of Supervisors vacate, quit-claim and release the described fifteen foot (15') width drainage easement and accept the dedication of the new fifteen foot (15') width drainage e~sement as shown on Exhibit A. The existing fifteen foot (15') width drainage easement was originally dedicated to the public by deed of easementr recorded in Plat Book 10, Page 112. The new fifteen foot (15') width drainage easement would cross the property of Cox Cable Roanoke, Inc., located on Fallowater Lane. The petitioner would like to place an addition to the existing building where the existing fifteen foot (15') width drainage easement is located. The County of Roanoke will not allow a building to be located in or on an existing drainage easement; therefore, the petitioner requests that the existing fifteen foot (15') width drainage easement be vacated and a new fifteen foot (15') width drainage easement be dedicated in order to place the addition to the existing building in the preferred location. County of Roanoke staff has reviewed and approved the amendment to the stormwater drainage piping and structures and does not see the petitioner's request to have an adverse impact on the drainage in that location. FISCAL IMPACT: Cox Cable Roanoke~ Inc. will be responsible for all costs associated with the vacation and dedication of the fifteen foot (15') width drainage easement and the recordation of the ordinance. ALTERNATIVES: 1. Approve the second reading of the proposed ordinance to vacate the drainage easement~ shown on the attached plat, and accept the new fifteen foot (15') width drainage easement as shown. 2. Decline approval of the vacation of the drainage easement and acceptance of the new fifteen foot (15') width drainage easement as shown on the plat. STAFF RECOMMENDATION: Staff recommends Alternative 1. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 25,2006 ORDINANCE TO VACATE, QUIT-CLAIM AND RELEASE A FIFTEEN FOOT WIDTH DRAINAGE EASEMENT DEDICATED BY THE DEED OF EASEMENT RECORDED IN PLAT BOOK 1 0, PAGE 112, FORMERLY DEDICATED BY LYNN BRAE FARMS, INC., AND TO ACCEPT DEDICATION OF A NEW FIFTEEN FOOT WIDTH DRAINAGE EASEMENT, SAID EASEMENT CROSSING THE SAME PROPERTY CURRENTLY OWNED BY COX CABLE ROANOKE, INC., (Tax Map # 77.19-01-34.00-00) LOCATED IN THE CAVE SPRING MAGISTERIAL DISTRICT. WHEREAS, by an approved subdiv;sion plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, page 112, Lynn Brae Farms, Inc., as owner of the property designated on the Roanoke County Land Records as Tax Map No. 79.19-01-15.1 to 15.10, conveyed to the Board of Supervisors of Roanoke County, Virginia, a fifteen foot (15') drainage easement as depicted on "MAP OF TANGLEWOOD EXECUTIVE PARK, PROPERTY OF LYNN BRAE FARMS, INC., SITUATE ON STARKEY ROAD AND FALLOWATER LANE, ROANOKE COUNTY, VIRGINIA", prepared by T.P. Parker & Son, dated September 22, 1987; and WHEREAS. Cox Cable Roanoke, Inc., is the current owner of Lot 5A, comprising Lot 4, Lot 5 and a part of Lot 6 of Tanglewood Executive Park as recorded in Plat Book 10, Page 112 , and the subject property is located on Fallowater Lane, a public right-of- way in the Cave Spring Magisterial District and is now designated upon the Roanoke County Land Records as Tax Map No. 77&19-01-34; and, WHEREAS, the Petitioner, Cox Cable Roanoke, Inc. as the current owner of this property, has requested that the Board of Supervisors vacate. quit-claim and release the above-described existing fifteen foot (15') drainage easement and accept the dedication of a new fifteen foot (15') drainage easement (as shown on Exhibits A and B attached hereto); and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on April 11, 2006, and a second reading and public hearing were held on April 25, 2006. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject real estate is hereby declared to be surplus and the nature of the interest in real estate renders it unavailable for other public uses. 3. That, subject to the following conditions, the vacation, quit-claim and release of an existing fifteen foot (15') drainage easement across property of Cox Cable Roanoke, Inc, located on Fallowater Lane in the Cave Spring Magisterial District of the County of Roanoke, designated as "EXISTING 15' DRAINAGE EASEMENT HEREBY VACATED" on Exhibit A attached hereto, is hereby authorized and approved. 4& That, subject to the following conditions, the acceptance of a new fifteen foot (15') drainage easement across property of Cox Cable Roanoke, Inc., located on Fallowater Lane in the Cave Spring Magisterial District of the County of Roanoke, designated as "15' DRAINAGE EASEMENT HEREBY DEDICATED" on Exhibit A attached hereto, is hereby authorized and approved. 2 5. That Petitioner, Cox Cable Roanoke. Inc. shall be responsible for all costs and expenses associated herewith. including but not limited to, all costs associated with the establishment of an alternative drainage system, surveysJ publication, and recordation of documents; and, 6. That the County Administrator, or an Assistant County Administrator. is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation, quit-claim, and release, all of which shall be on form approved by the County Attorney. 7. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County. Virginia, in accordance with Section 15.2-2272(2) of the Code of Virginia, 1950, as amended. 3 ....... ...~- --- - I: . ...=- -=-:iiiiii =-- ~ -~