HomeMy WebLinkAbout9/26/2006 - Regular
Roanoke County
Board of Supervisors
Agenda
September 26, 2006
Good afternoon and welcome to our meeting for September 26, 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:
Pastor Peter Isenberg
New Hope Christian Church
3. Pledge of Allegiance to the United States Flag
B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF
AGENDA ITEMS
C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
1. Recognition of the Sheriff's Office for receiving re-accreditation by the
American Correctional Association
D. BRIEFINGS
1. Briefing regarding the gypsy moth program. (John M. Chambliss, Assistant
County Administrator; Jon Vest, Extension Agent - Virginia Cooperative
Extension)
E. NEW BUSINESS
1
F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING
ORDINANCES - CONSENT AGENDA: Approval of these items does not
indicate support for, or judge the merits of, the requested zoning actions but
satisfies procedural requirements and schedules the Public Hearings which will
be held after recommendation by the Planning Commission.
1. First reading of an ordinance to rezone 4.494 acres from R-1, Low Density
Residential, to C-2, General Commercial, in order to construct a retail sales
facility located at 3909 Challenger Avenue and 3911 Challenger Avenue,
Vinton Magisterial District, upon the petition of The Rebkee Company.
2. First reading of an ordinance to review proposed water and sewer line
extensions to Explore Park per section 15.2-2232 of the Code of Virginia for
consistency with the adopted Community Plan, located at 3900 Rutrough
Road, Vinton Magisterial District, upon the petition of Virginia Living Histories,
Inc.
3. First reading of an ordinance to obtain a special use permit to operate a
commercial indoor sports and recreation facility on 1.53 acres located at 7525
Hitech Road, Hollins Magisterial District, upon the petition of Laura Quarles.
4. First reading of an ordinance to rezone 4.1,:!: acres from AR, Agricultural
Residential District, to C-2, General Commercial, and CVOD, Clearbrook
Village Overlay District, and to obtain a special use permit to operate a retail
sales establishment with gross floor area greater than 50,000 square feet,
garden center, and minor automobile repair facility on 41,:!: acres, located in
the 5200 block of Franklin Road, Stable Road, Clearbrook Lane, Singing Hills
Road, and Sunset Drive, Cave Spring Magisterial District, upon the petition of
Holrob Investments, LLC.
5. First reading of an ordinance to rezone 24.46 acres from R-1, Low Density
Residential, to R-3, Medium Density Multi-Family Residential, in order to
construct multi-family dwellings at a maximum density of 5.15 dwelling units
per acre located at 4800 Keagy Road, Windsor Hills Magisterial District, upon
the petition of Hidden Valley Villas, LLC.
G. FIRST READING OF ORDINANCES
H. SECOND READING OF ORDINANCES
1. Second reading of an ordinance authorizing the acquisition of certain real
estate from Len Deshano and Dorothy Deshano consisting of approximately
8.9 acres for future County use, Hollins Magisterial District. (Anne Marie
Green, Director of General Services)
2
I. APPOINTMENTS
1. Building Code Board of Adjustments and Appeals (Fire Code Board of
Appeals)
2. Capital Improvement Program (CIP) Review Committee (Appointed by
District)
3. Economic Development Authority
4. Grievance Panel
J. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE
RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION
IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND WILL BE CONSIDERED SEPARATELY.
1. Approval of minutes -September 12,2006
2. Request from the Police Department to accept a United States Department of
Justice grant in the amount of $21 ,677
3. Request from the Community Development Department to accept a Virginia
Department of Conservation and Recreation grant in the amount of $148,000
for the Mudlick Creek urban stream restoration at Garst Mill Park
4. Resolution amending and readopting guidelines for the implementation of the
Public-Private Education Facilities and Infrastructure Act of 2002
5. Request to accept and appropriate reimbursement in the amount of
$32,909.28 for timelresources as part of the 800MHz rebanding project
6. Confirmation of committee appointments
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 - August 2006
6. Statement of expenditures and estimated and actual revenues for the month
ended August 31,2006
7. Public Safety Center Building Project Budget Report
8. Public Safety Center Building Project Change Order Report
9. Proclamations signed by the Chairman
O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (30)
discussion of the award of a public contract involving the expenditure of public
funds and discussion of the terms or scope of such contract with the Virginia
Recreational Facilities Authority, where discussion in open session would
adversely effect the bargaining position or negotiating strategy of the County.
P. WORK SESSIONS (Training Room - 4th floor)
1. Work session to present initial findings with respect to the Parks, Recreation
and Tourism Master Plan. (Pete Haislip, Director of Parks, Recreation, and
Tourism; Leon Younger, PROS Consulting)
EVENING SESSION
Q. CERTIFICATION RESOLUTION
R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS
4
S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES
1. Continued until November 14. 2006. at the reQuest of the petitioner.
Second reading of an ordinance to obtain a special use permit for the
construction of a mini-warehouse facility on 14.559 acres located at 5627
Williamson Road and Florist Road, Hollins Magisterial District, upon the
petition of Wayne Fralin.
2. Second reading of an ordinance to rezone 8.829 acres from R-1, Low Density
Residential District, to PRD, Planned Residential Development District, for the
development of a residential community called Summer Hill located at 5815
Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of
Qwiz Construction and Investments, LLC. (Philip Thompson, Deputy Director
of Planning)
3. Second reading of an ordinance to rezone 1.26 acres from R-1, Low Density
Residential, to C-1, Office, in order to construct two general office buildings
located at 2404 Electric Road, Windsor Hills Magisterial District, upon the
petition of R. Fralin Development Corporation. (Philip Thompson, Deputy
Director of Planning)
4. Second reading of an ordinance to vacate, quit-claim and release a 15' width
drainage easement and a variable width waterline easement dedicated in Plat
Book 28, Page 128, and to accept dedication of a new 15' width drainage
easement and new variable width waterline easement over property currently
owned by R. Fralin Development Corporation located in the Hanging Rock
Terrace Subdivision, Catawba Magisterial District. (Tarek Moneir, Deputy
Director of Development Services)
5. Second reading of an ordinance amending Section 5-29. "Same-
Impoundment" of Article II. "Dogs, Cats and Other Animals" of Chapter 5.
"Animals and Fowl" to increase the daily impoundment fee charged by
Roanoke County from $8.75 to $10.00 per day per animal and to increase the
pickup fee for the first offense from $20.00 to $25.00. (John M. Chambliss,
Assistant County Administrator)
T. CITIZENS' COMMENTS AND COMMUNICATIONS
U. REPORTS AND INQUIRIES OF BOARD MEMBERS
1. Michael W. Altizer
2. Richard C. Flora
3. Joseph P. McNamara
4. Joseph B. "Butch" Church
5. Michael A. Wray
5
V. ADJOURNMENT TO TUESDAY, OCTOBER 10, 2006 AT 12:00 P.M. FOR THE
PURPOSE OF A JOINT MEETING WITH THE CITY OF ROANOKE AND THE
ROANOKE REGIONAL AIRPORT COMMISSION, 5204 BERNARD DRIVE, SW,
ROANOKE, VIRGINIA, 4TH FLOOR TRAINING ROOM.
6
-....
ACTION NO.
ITEM NO. C-l
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Recognition of the Sheriff's Office for receiving re-accreditation
by the American Correctional Association
Elmer C. Hodge fc;!
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside to recognize the Sheriff's Office for achieving its second re-
accreditation through the American Correctional Association (ACA). The Sheriff' Office
was first accredited in 2000 and was re-accredited in 2003. To be accredited by the ACA,
a jail must be in compliance with 100% of the 41 mandatory standards and 90% of the 413
non-mandatory standards. The Roanoke County/Salem Jail was in 100% compliance of
the mandatory standards and 98% of the non-mandatory standards. It is the in out of 85
local jails in Virginia and 98th out of over 4,000 local jails nationwide to achieve accredited
status. The standards for accreditation cover such areas as those listed below:
< Jail administrative operations
< BudgeUfiscaJ management
< Staff training
< Inmate records
< Jail security and operations
< Inmate classification and discipline
< Jail physical plant
< Food service
< Safety and sanitation
< Health care
< Other inmate services and programs
Present at the meeting will be Sheriff Gerald Holt; Captain Barry Tayloe, Director of
Corrections; Denise Likens, Professional Standards Manager; and Karen Hough,
Accreditation Assistant.
2
ACTION NO.
ITEM NO. [) -,
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Briefing regarding the Gypsy Moth Program
SUBMITTED BY:
Jon Vest, Extension Agent
John Chambliss, Assistant County Administrator
Elmer C. Hodge ~ ~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATORtS COMMENTS:
SUMMARY OF INFORMATION:
This time has been set aside to discuss the Gypsy Moth Program and to brief the Board of
Supervisors concerning the work of the Gypsy Moth Coordinator.
On July 11, 2006, the Board of Supervisors authorized hiring Bob Grace of County Gypsy
Moth Program, Inc. of Broadway, Virginia, as the Gypsy Moth Coordinator to assist
Roanoke County in conducting the gypsy moth egg mass counts for properties in Roanoke
County and to file the necessary application to the State by mid-November to potentially
qualify for any Federal or State monies that may become available for the Gypsy Moth
Suppression Program. Bob Grace is one of the two major consultants in Virginia with
experience in coordinating the program and filing the necessary application forms.
The attached letter dated September 8, 2006 to Mr. Hodge from the Commonwealth of
Virginia, Department of Agriculture and Consumer Services, advises that Roanoke County
has been added to the list of localities under the Virginia gypsy moth quarantine. This
designation is intended to prevent the movement of articles that may artificially spread the
gypsy moth through such means as nursery stock, logs, pulpwood, mulch, trailers, and
outdoor household articles (grills, picnic tables, toys, etc.). Affected businesses have been
notified by the State of this change to the quarantine status. This status is also used to
determine those localities that qualify for participation in the Virginia Cooperative Gypsy
Moth Suppression Program.
The Suppression Program utilizes USDA monies to aerially treat areas that will be impacted
by the gypsy moth. Localities that participate in this program must appoint I hire a Gypsy
Moth Coordinator (which Roanoke County has done) who will be required to complete the
gypsy moth population surveys which must be conducted in the fall and must be completed
by mid-November.
At this time, the Federal budget has not been approved and specific monies to cover the
gypsy moth program have not been included in the draft. We have asked our Senators and
Congressmen to support our need for such monies. The actions of Roanoke County to hire
the coordinator and complete the survey will position us to be ready for the suppression
program when funding becomes available. We will make the appropriate application to the
State agency coordinating this program by the November deadline.
Plans are being finalized to have education program(s) in the County impacted area
concerning the gypsy moth and notification of any meetings will be communicated to area
residents and through the media.
Jon Vest and I will be happy to further discuss this matter with the Board at the beginning of
the evening session and will keep you informed of the progress of the program.
Attachment
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.I. Cllr/ltl/l COl/rfer. III
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COMMONWEALTH of VIRGINIA
Department of Agriculture and Consumer Services
Division of Consumer Protection
Office of Plant & Pest Services
PO Box 1163, l~iclllnolld,VI..J.tinin 23211i
Phone: 1104/786-3515' Fux: 804/371-7793' H~urhI2Impulrcd: 800/828-1120
VI-' \'t'w. \'d111.~S. ,.tn te. v n .1I~
September 8, 2006
Elmer Hodge
Roanoke County Administrator
P. O. Box 29800
Roanoke, VA 24018-0798
Dear Mr. Hodge:
The Virginia Department of Agriculture & Consumer Services (VDACS) has expanded the
Virginia Gypsy Moth Quarantine to include Roanoke County. This letter is to notify you of
this change and provide information that may assist Roanoke County residents in their efforts
to reduce the impacts of this devastating forest insect.
The Virginia Gypsy Moth Quarantine and the corresponding USDA APHIS Gypsy Moth
Quarantine are designed to prevent the movement of articles that may artificially spread the
gypsy moth. These articles include nursery stock, logs, pulpwood, mulch, trailers, and outdoor
household articles (grills, picnic tables, toys, etc.). Affected businesses in your county have
been notified of this change to the quarantine. This quarantine is also used to determine those
localities that qualify for participation in the Virginia Cooperative Gypsy Moth Suppression
Program (VCGMSP).
VDACS cooperates with Ql'8lifying (quarantined) localities to suppress gypsy moth
populations through the implementation of the Virginia Cooperative Gypsy Moth
Suppression Program. This program utilizes USDA-Forest Service grant funding to aerially
treat areas that will be impacted by the gypsy moth. Localities that participate in this program
must appoint/hire a Gypsy Moth Coordinator, who will be required to complete gypsy moth
population surveys to determine those areas that will qualify for aerial treatments. These
surveys are normally conducted in the fall and must be completed by mid-November. More
information regarding the role of the Gypsy Moth Coordinator and the VCGMSP can be
found by clicking on the Gypsy Moth Suppression Guidelines link on VDACS' web site at
http://w\.vw.vdacs.virginia.gov /plant&pcst/ gypsymoth.html. The 2007 Virginia Cooperatil}e
GyP!) Moth SuppreJJioll GliidelineJflr Partiapation - Aerial Treatmentx will be mailed to
participating localities in approximately two \veeks.
It ml/Jt be noted that the 2007federal budget iJ still tinder consideration and the proposed level of
appropnatiomfor gyp!y moth .ruppre.r,rion adivitie.r varie.rgrea/!y be/ween both hou.re.r qlCongre.r.r. c.yp~y
E. Hodge
September 8, 2006
Page 2
moth adivities mqy be fulfy-funded or eiiminated in tbe jinal budget, IPhich mqy not be jinalized for se/leral
months. Due to the biology of the gyp!} moth and the resulting deadlines of the VCGMSP, localities tbat
)JJish to partiapate in thisprogram must t'Ondud the required survrys, public meetings, etc. wen thoJJ.I!,h
USD/l-1:'~ t'Ost-share fundingfor the VCGMSP mqy be eiiminated or greatly reduced.
If you have any questions, regarding the Virginia Gypsy Moth Quarantine or the Virginia
Cooperative Gypsy Moth Suppression Program, please feel free to give me a call.
Sincerely,
cr~n~
Larry M. Nichols
Gypsy Moth Programs Coordinator
Enclosure
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ACTION NO.
ITEM NO.
}= l-C)
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Requests for public hearing and first reading for rezoning
ordinances - consent agenda
SUBMITTED BY:
Philip Thompson
Deputy Director of Planning
Elmer C. Hodge C II
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR"S COMMENTS:
BACKGROUND:
The first reading on these ordinances is accomplished by adoption of these ordinances in
the manner of consent agenda items. The adoption of these items does not imply approval
of the substantive content of the requested zoning actions; rather, approval satisfies the
procedural requirements of the County Charter and schedules the required public hearing
and second reading of these ordinances. The second reading and public hearing on these
ordinances is scheduled for October 24. 2006.
The titles of these ordinances are as follows:
1. The petition of The Rebkee Company to rezone 4.494 acres from R-1, Low Density
Residential, to C-2, General Commercial, in order to construct a retail sales facility
located at 3909 Challenger Avenue and 3911 Challenger Avenue, Vinton Magisterial
District.
2. The petition of Virginia Living Histories, Inc. to review proposed water and sewer line
extensions to Explore Park per section 15.2-2232 of the Code of Virginia for consistency
with the adopted Community Plan, located at 3900 Rutrough Road, Vinton Magisterial
District.
3. The petition of Laura Quarles to obtain a special use permit to operate a commercial
indoor sports and recreation facility on 1.53 acres located at 7525 Hitech Road, Hollins
Magisterial District.
1
4. The petition of Holrob Investments, LLC to rezone 4.1::!: acres from AR, Agricultural
Residential District, to C-2, General Commercial, and CVOD, Clearbrook Village
Overlay District, and to obtain a special use permit to operate a retail sales
establishment with gross floor area greater than 50,000 square feet, garden center, and
minor automobile repair facility on 41,:!: acres, located in the 5200 block of Franklin
Road, Stable Road, Clearbrook Lane, Singing Hills Road, and Sunset Drive, Cave
Spring Magisterial District.
5. The petition of Hidden Valley Villas, LLC to rezone 24.46 acres from R-1, Low Density
Residential, to R-3, Medium Density Multi-Family Residential, in order to construct multi-
family dwellings at a maximum density of 5.15 dwelling units per acre located at 4800
Keagy Road, Windsor Hills Magisterial District.
Maps are attached. More detailed information is available in the Clerk's Office.
STAFF RECOMMENDATION:
Staff recommends as follows:
1. That the Board approve and adopt the first reading of these rezoning ordinances for the
purpose of scheduling the second reading and public hearing for October 24. 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) 1-5, and that the Clerk is authorized and
directed where required by law to set forth upon any of said items the separate vote
tabulation for any such item pursuant to this action.
2
County of Roanoke
Community Developmenl
Planning & Zoning
For Staff Use 001
'Pz-- OLQ.O ~ \ \ 8
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5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
ALL APPLICANTS
Ch;ck type of appli cation filed (check all that apllly)
srRewning 0 Special Use 0 Variance 0 Waiver o Administrative Appeal 0 Comp Plan (lS.2-2232) Reyiew
Applicants name/address whip
The Rebkee Company
Attention: Kevin T. McFadden
1020 Old Bon air Road Richmond, VA
Phone:
Work;
Cell Ii:
Fax No,:
(804) 560-0S00
23235
(804)
(540)
(540)
560-0778
977-6113 (Swortzels
977-4702 (DaVis)
Owner's name/address whip
James & Patricia Swortzel
3909 Challenger Avenue
Roanoke VA 24012
Property Location
3909 & 3911 Challenger. Avenue
Roanoke, VA 24012
Phone #:
Thomas Davis ~~
2343 Sourwood St. FaxNo, #:
R
Magisterial District: Vinton
Community Planning Mea: Bonsack
Tax M;!p' No.: E .. Z .
050.lTI-OI-04.00 and 050.01-0h-03.00 ~lstmg onmg: R-l
o a
Size of parcel (s): Acres: '=I ll.R & 1.346 (4.494 Existing Land Use: Residential
BEtON/NO, Sf~ClALUS~PEio/IT; W)j.ivf:RJ1NDfOMPPf.A,N (15.:1-1131) REVIEW APFLlQlNTS (Rlsrw IeI')
Proposed Zoning: C-2 General Commercial
Propos~d LaT1d Use: Re tail Sales - CVS PhulIlacy with drive- thru
Does the parcel meet the minimum lol mea, width, and frontage requirements of the requested district?
Yes a No 0 IF NO, A VARIANCE IS REQUIRED FIRST.
Does the parcel meel the minimum criteria for the requC$ted Use Type? Yes !:3 No 0
IF NO, A V ARlANCE IS RE.QUIRED FIRST
lfr=ning request., are conditions being proffered with this request? Yes 0 No 0
VARL4NCE, WAIVER AND ADMlNIST1J1.TlV4 APPeAL APj?LJ9A.JifTS (VIW/AA)
VarianceNlaiver of Section(s)
oflhe Roanoke County Zoning Ordinance in order to;
Appeal of Zoning Administrator's decision to
Appeal of1nterpretBtion of Seclion(s): oflhe Roanoke County Zoning Ordinance
Appeal of Interpretation of Zoning Map to
Is the application complete? Please check ifeneJosed. APPLlCA nON \VTLL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
IMlAV/CP VlAA RlSlWICP VIM R/S/W/CP V1AA
~ ConsultatiDIl ~ Rt/l"xll"conlleptplan ~ Application fee
Application x Metes and bounds description PrOffe1S, if applicable
X JustJfiClluon x Water Md sewer application x Adjoining ?,operty owners
I hereby certify that I am either the owneroflhe property or the o\>mer's llgent or contT:lcl purcl1aser and am acting v.ith the knowledge ilnd consent
of !he OM1er.
O\\T.lc-rl;. Si~J(..h.lo.l e
THE REBKEE COMPANY
3y' p:7)2-
~vin T. McFadden
2
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JUSTIFICATION FOR REZONiNG, SPECIAL USE }>ERMITWAIVER OR COMP PLAN (15.2-2232) REVIEW
REQUESTS
Applicant THE REBKEE COMPANY
The Planning Commission will study rezoning, special use penn it waiver or community plan (J 5.2-2232) review requests to
determine the need and justification for the change in tenns of public health, safety, and general welfare. Please answer the
following questions as thoroughly as possible. Use additional space ifnecessary.
Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the
beginning ofthe applicable zoning district classification in the Zoning Ordinance.
PLEASE SEE ATTACHMENT A
Please explain how the project confonns to the general guidelines and policies contained in the Roanoke County Community
Plan.
PLEASE SEE ATTACHMENT A
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.
PLEASE SEE ATTACHMENT A
3
I JUSTIFICATION FOR VARIANCE REQUEST.
Applicant
THE REBKEE COMPANY
The of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance
can be granted. Please read the factors listed below carefully and in your OWn words, describe how the request meets each factor. If
additional space is needed, use additional sheets of paper.
I. 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.
N/A
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.
N/A
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 amendments to the Zoning Ordinance.
N/A
4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district.
N/A
4
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JUSTIFICATION FOR ADMINlSTRA TIVEAP'PEAL REQUEST
Applicant
THE REBKEE COMPANY
Please respond to the following as thoroughly as possible, If additional space is needed, use additional sheets of paper.
I. Reasons for appeal;
N/A
2. Evidence supporting claim:
N/A
5
I CONCEPT PLAN CHECKLIST
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depicllbe
land use change, development or variance that is to be considered. Funher, 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 permining
regulations,
The concept plan should not be confused with the site plan or plot plan that is required priorto the issuwlCe ofa building permit.
Site plan and building permit procedures ensure compliance with State and County development regulations and may require
changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special
use permit or variance, the concept plan may be altered 10 the extent pel1l1itted by the zoning district and other regulations,
A concepl plan is required with all rezoning, special use permit, waiver, community plan (15.2.2232) review llnd variance
applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature
oftbe request. The County Planning Division staffmay exempt some of the items or suggest the addition of extr'4 items, but the
following are considered minimum:
ALI,APPLICANTS
~ a. Applicant name and name of development
~. Date, scale and north arrow
V: eo",", i, ~"'" "l"= r""",d d;m,,,,"'"
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Location, names of owners and Roanoke County tax map numbers ofadjoining properties
Physical features such as ground cover, natural watercourses, floodplain, etc.
The zoning and land use 0 f a1l adjacent properties
All property lines and easements
AU buildings, existing ftIld proposed. and dimensionS,floor arca and heights
Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development
Dimensions Wld IOL:ations of ilIJ driveways, parking spaces and loading spaces
AddNional information required/or REZONING and SPECIAL USE PERMIT AP PLfCANTS
/
~ k.
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 sire distances at intersections
o. Locations of all adjacent fire hydrants
v' 1.
-4rn.
~ n.
p. Any proffered conditions at the site and how they are addressed
q. If project is to be phased, please sho w phase schedule
I certify that il'i items required in [he checklist above are eomplete.
TRE
T. HcFadden
(j,r; g I,,? u /..,/
If ..,/~ f/L-rf;;:;J
Date
Sigl
1/
6
ATTACHMENT A
TO REZONING APPLICATION FOR
THEREBKEECOMPANY
Please explain how the requestfurthers the purposes of the Roanoke County
Ordinance as well as the purposefound at the beginning of the applicable zoning
district classification in the Zoning Ordinance.
According to Section 30.54.1 of the Code of Roanoke County, the purpose of the C-2
General Commercial District is to:
"Provide locations for a variety of commercial and service related
activities within the urban service area serving a community of several
neighborhoods or large areas of the County. This district is intended for
general application throughout the County. General Commercial Districts
are most appropriately found along major arterial thoroughfares which
serve large segments ofthe County's population."
"The C-2 District permits a wide variety of retail and service related uses.
Land uses permitted in this district are generally consistent with the
recommendations set forth in the Transition and Core land use categories
of the comprehensive development plan. Site development regulations are
designed to ensure compatibility with adjoining land uses."
These parcels front on U.S. Route 460, which is a major east-west arterial
thoroughfare connecting downtown Roanoke to the developing eastern corridor of
Roanoke County and the Bonsack area. The adjacent property has already been
approved for a retail development for Kahn Development Company, Inc., and the
proposed use by The Rebkee Company is consistent and puts the property to its
highest and best use. The property immediately adjoining the properties and the
Kahn Development Company, Inc., project have been developed as a
business/industrial park and is currently zoned C-2. The property across
Challenger Avenue is zoned C-l. The rezoning requested by The Rebkee
Company would allow for a complete and uniform development of the Valley
Gateway Business Park and permit full beneficial use of the frontage that exists
along this section of US. Route 460. In addition, the rezoning of the properties
would permit a wider variety of possible land uses, which would be integrated in
the proposed Valley Gateway Plaza.
The current zoning of the subject parcels as R-I Low Density Residential District
is no longer consistent with the general plan of development in the area, nor is it
the highest and best use of the land. A rezoning of the parcels to C-2 General
Commercial District would make these parcels consistent with the parcels
comprising the Kahn Development Company, Inc., project, now zoned C-2
General Commercial District.
14920/2/2032564vl
Please explain how the project conforms to the general guidelines and policies
contained in the Roanoke County Community Plan.
Community Values: The proposed project would be entirely consistent with the
specified desire that U.S. 460 have a unified development plan in conjunction
with Roanoke City, Roanoke County and Botetourt County. The proposed
development, together with the approved project for Kahn Development
Company, Inc., would provide for a planned or campus-like setting providing
nodes of development along this portion of U.S. Route 460, rather than allow
development as a typical strip commercial/industrial development as may
otherwise be the case. The proposed use by The Rebkee Company would not
impact the views of the mountains and ridgelines, would not impact or detract
from existing historic buildings or structures, and would prevent typical strip
commerciaVindustrial development along this important gateway along the US.
Route 460 corridor.
Key Resources: The proposed project would not impact the key resources defined
in the Bonsack community planning area. This would include Glade Creek and
the tributary to Glade Creek which runs along Carson Road.
General Policies
Natural Resources: The proposed project would be sensitive to the preservation,
protection and enhancement of the view sheds from the Bonsack community by
providing a higher standard of design that will minimize the visual impact of the
development and promote innovative methods of site planning. The proposed
project would also establish critical linkages to shopping on the adjacent Kahn
Development Company, Inc., project, providing nodes of development along this
portion of US. Route 460.
Land Use: The project promotes the use of planned commercial developments
and/or nodes of commercial development along the U.S. Route 460 corridor,
including appropriate landscaping and buildings with a unified architectural
design. This will allow an appropriate balance between residential, commercial,
industrial and agricultural land in the area to assist Bonsack in becoming a
sustainable community.
Public Facilities: The proposed project would not impact Bonsack Elementary
School or the facilities at Bonsack Park. It would be integrated into the Valley
Gateway Plaza and, with the additional access to the property, would improve the
safety of U.S. Route 460.
I 4920/2/2032564v I
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.
Existing Property: The subject parcels include two residences that would be
removed to allow for a retail development that includes the CVS Pharmacy and
another retail use. The parcels are contiguous to the approved retail development
ofKalm Development Company, Inc., and therefore would be entirely consistent
with that project.
Adioining Properties: The adjacent properties include the tract of land known as
Valley Gateway Business Park, which is currently zoned C-2 General
Commercial District and contains approximately 26 acres. Other nearby or
adjacent properties are zoned C-I or R-I. Given the general pattern of
development in the area and the fact that the subject parcels are in the Core area
of the County Community Plan, a rezoning of the subject parcels to C-2 General
Commercial District will have no adverse impact on any of these adjoining
properties.
Public Services and Facilities, Including Water/Sewer, Roads, Schools,
ParksIRecreation and Fire and Rescue: The rezoning and subsequent commercial
development of the subject parcels would have little or no impact on any of these
County services, since the subject parcels are contiguous to the adjoining
commercial and industrial zoned properties. Public water and sewer are located
immediately adjacent to the parcels, and the proposed project will not have any
adverse impact on public schools in the area or adversely affect any area of an
existing or proposed park or greenway.
I 49201212032564vl
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ROANOKE COUNTY, VIRGINIA 09/28/06
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CONSENT
Tax Parcel 50.01-1-3 (3.148 acres)
Tax Parcel 50.0 1-1-4 (1.346 acres)
Vi'HEREAS, James L. Swortzel, Patricia D. Swortzel and Thomas F. Davis, the owners of the
property parcels listed above, that are the subject of the application of The Rebkee Company for rezoning
from R-I Low Density Residential District to C-2 General Commercial District, hereby consent to this
rezoning application and agree to be bound by any conditions that are proffered in this petition.
~f_ Df ~~/
Jam i . Swortzel
.? /23/o~
Date / '
: ,.
!/
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Patricia D. Swortzel
~~
Thomas F. Davis
g / ~ 3 / C'c.
Date I I
o/U~h
Date
14920/2/2032618vl
LEGAL DESCRIPTION - 3.148 ACRES
(fAX PARCEL 50.01-1-3)
BEGINNING AT A POINT ON THE EAST LINE OF U.S. ROUTE 460, SAID POINT
BEING 829.87' SOUTH OF THE SOUTH LINE OF VALLEY GATEWAY
BOULEVARD (RT. 757); THENCE LEAVING THE EAST LINE OF U.S. ROUTE 460
N 89031' E, 412.81' TO A POINT; THENCE S 1052' E, 390.15' TO A POINT;
THENCE S 79042'48" W, 135.67' TO A POINT; THENCE N 38017'08" W, 249.47' TO
A POINT; THENCE N 76057'55" W, 252.43' TO A POINT ON THE EAST LINE OF
U.S. ROUTE 460; THENCE ALONG THE EAST LINE OF U.S. ROUTE 460
N 34033'29" E, 191.79' TO THE POINT OF BEGINNING. CONTAINING 3.148
ACRES OF LAND.
LEGAL DESCRIPTION - 1.346 ACRES
(fAX PARCEL 50.01-1-4)
BEGINNING AT A POINT ON THE EAST LINE OF U.S. ROUTE 460, SAID POINT
BEING 618.37' SOUTH OF THE SOUTH LINE OF V ALLEY GA TEW A Y
BOULEVARD (RT. 757); THENCE LEAVING THE EAST LINE OF U.S. ROUTE 460
N 79008'30" E, 268.07' TO A POINT; THENCE S 1052' E, 203.06' TO A POINT;
THENCE S 89031' E, 412.81' TO A POINT ON THE EAST LINE OF U.S. ROUTE
460; THENCE ALONG THE EAST LINE OF U.S. ROUTE 460 N 42031' E, 211.50' TO
THE POINT OF BEGINNING. CONTAINING 1.346 ACRES OF LAND.
County of Roanoke
DEVELOPMENT APPLICATION
(Please Type or Print)
DATE: August 23, 2006 PROJECT NUMBER:
o SiTE PLAN
o SUBDlVISION PLAN
APPLICANT: The Rebkee COIDoanv PHONE: (804) 560-0500 FAX: (804) 560-0778
ADDRESS: 1020 Old Bon Air Road Richmond, VA 23235 E-MAIL ADDRESS:
James & Patricia Swortzel (540) 977-6113
OWNER: Thomas Davis PHONE.; (540) 977-4702 FAX:
j~O~ Challenger Avenue Roanoke VA 1"012
ADDRESS: 2343 Sourwooa Street. RoanoKe. "fJAZ4012. "E-MAILADDRESS:
ENGINEEI Kimley -Horn and Associates PHONE: 804-673-3882 FAX: 804-673-3980
ADDRESS: _ 1500 Forest Road, Suite 115, Richmond. VA 23229 E-MAIL ADDRESS:
CONTRACTOR:_ N/A at this time
PHONE; FAX:
E-MAIL ADDRESS:
SOURCE OF REVIEW NOTIFICATION (CIRCLE)
MAIL - FAX - INTERNET
SITE INFORMATION
PROPERTY ADDRESS:
DEVELOPMENT NAME:
PROPOSED USE Retail
DEVELOPED AREA:
TAX MAP #: 0:2.0.01-01-04
ZONING:
3909 and 3911 Challenger Avenue. Raonoke. VA 24012
GRADED AREA:
& 050.01-01- 03 MAG1STERIAL D1STR1CT:
TOTAL UNITS: TOTAL LOTS:
Vinton
REQUESTED SERVICE: (CIRCLE)
WATER FAClLmES: ~OU~CI1Y - TOWN OF VlNTON - PRIVATE - WELL)
SEWER FACILITIES: OUN CITY - TOWN OF VINTON - PRIVATE - VVELL)
IS BUILDING TO BE SPRINKLERED?
Yes
FLOW REQUIRED:
GPM
It is understood that submission of inaccurate or incomplete information may delay final approval of the comprehensive
development plans.
I do hereby certify that r fuJly understand the provisions of the Erosion and Sediment Control Ordinance and program, and
the above-referenced project as approved. I further grant the right-af-entry to this project, as described above, to the
designated personnel for the purpose of inspecting and monitoring for~ c. ..m.;T nee with tho e. aforesaid Ordinance.
/. ~J;J..-?~
?f4 /~
" . SIGNATURE OF APPLICANT
Western Virginia Water Authority
Water/Sewer Availability Application
Date: August 23. 2006
Applicant: The Rebkee Company
Mailing Address: 1020 Old Bon Air Road
Richmond. VA 23235
Phone: (804) 560-0500
Ce II:
Fax: (804) 560-0778
Property Address: 3909 & 3911 Challeneer Avenue. Roanoke. VA 24012
City or County: County
Tax Map Number(s): 050.01-01-04 & 050.01-01-03
Development (Subdivision) Name:
Bonsack
Single Residentia~uPlex, Multi-Residential, Subdivision, or
ceommercial Facili~ ,
Water Meter Size Requested:
Sewer lateral Size Requested:
COMPLETE THE FOLLOWING FOR
NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES
Domestic Flow Required? U GPM
... (Attach completed "Sizing Water Service Lines and Meters" Form AND "Non-Residential Sanitary Sewer
Checklist", blank forms available on website under "Engineers" section)
Is Building to be Sprinkled? YES / NO
Minimum Fire Flow Required?
GPM
Return to: Jamie Morris, Engineering Coordinator, Phone: 540-853.1588
Via Mail- 601 South Jefferson Street, Suite 300 Roanoke, VA 24011
Fax: 540-853-1017
E-mail: Jamie.morris@westernvawater.orQ
Website: westernvawater.org
Rev. 1/06/06
Name: The Rebkee
R1
Tax
04
Area: 4.494 Acres
~
28 August, 2006 Scale: 1 100'
County of Roanoke
Community Development
Planning & Zoning
Pz.. -()(sD d ri9
Received by r~ F - 'd
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
Applicat,ion fee:
rJ/[:>...
PCfBZA dale:
Ocf-. 3 2~
Placards issued:
)0
Case Nu~~-
ALL APPLICANTS
Check type of application filed (check all that apply)
o Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal ~Comp Plan (15.2-2232) Review
Applicants name/address wlzip
Virginia Living Histories, Inc.
] 170 I Bonnan Drive, Suite 315
St. Louis, MO 63146
Phone: (3 14) 994-9070
Work:
Cell #:
Fax No.: (3] 4) 994-99 J 2
Phone #: (540) 853-5700
Work:
Fax No. #: _(540) 853-1600
Owner's name/address wlzip
Western Virginia Water Authority
601 S, Jefferson Street; Roanoke, V A 240 II
Property Location
3900 Rutrough Road; Roanoke, V A 240 14
Magisterial District: Vinton
Community Planning area: Mount Pleasant
Tax Map No.: See Attached
Existing Zoning: EP (Explore Park)
Size ofparcel(s): Acres: _773.35
Existing Land Use: Explore Park
REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (RJS/W/CP)
Proposed Zoning: N/A
Proposed Land Use: Water & Sewer Line Extensions to Explore Park
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
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request?
No 0
';/A
}lIA
All A
Yes 0
No 0
VARIANCE, WAlVERAND ADMINISTRATIVE APPEAL APPLICANTS (V/WIAA)
Variance/Waiver of Section(s)
of the Roanoke County Zoning Ordinance in order to:
Appeal of Zoning Administrator's decision to
Appeal ofInterpretation of Section(s): of the Roanoke County Zoning Ordinance
Appeal of Interpretation of Zoning Map to
Is the application complete? Please check ifenclosed. APPLlCA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
R1SM'/CP V/AA
rn Consultation
Application
Justification
I hereby certify that 1 am either the owner of
oflhe owner.
R1SM'/CP VIAA RlSfWlCP VIAA
8 1/2" x ] I" concept plan ~ Application fee
Metes and bounds description Proffers, if applicable
d sewer application Adjoining property owners
r's age t or contract purchaser and am acting with the knowledge and consent
Owner's Signature
')
JUSTIFICATION FOR COMMUNITY PLAN (15.2-2232) REVIEW REQUESTS
Applicants: Virginia Living Histories, Inc./Westem Virginia Water Authority
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.
In December, 2006, Roanoke County updated its EP (Explore Park) zoning district and, upon
the application of Virginia Living Histories, Inc. ("VLH") and with the consent of the
Virginia Recreational Facilities Authority ("VFRA") rezoned the property commonly known
as Explore Park to that new district. The updated EP zoning district and the 2006 rezoning of
the property commonly known as Explore Park was intended to enhance Explore Park's
emergence as a family destination resort. The application filed by VLH noted that public
water and sewer extensions would be required. Thus, this request for the extension of water
and sewer service to serve Explore Park was contemplated when the ordinance revisions and
rezoning occurred and is in furtherance of the purposes of the EP zoning ordinance.
Please explain how the project conforms to the general guidelines and policies contained in
the Roanoke County Community Plan.
As noted in VLH's 2006 rezoning application, and as reinforced by the December, 2006
actions of the Board of Supervisors related to Explore Park, the Park represents a unique
opportunity to provide education, recreation as well as the commercial support services
associated with a family destination resort.
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 andfacilities, including
water/sewer, roads, schools, parks/recreation and fire and rescue.
While Explore Park is currently served by well and septic systems, it was noted and
recognized during the 2006 rezoning and ordinance changes, that existing methods of
obtaining water and sewer are not adequate for Explore Park's development. Without public
water and sewer, Explore Park cannot become the family destination attraction envisioned by
the VRFA ,VLH, and Roanoke County. To limit impacts on adjoining properties, buffers
were provided between Explore Park and its neighbors, as more fully described in the
proffers associated with the 2006 rezoning.
I:.?O~~ .f1:A~ CW;~ISl"
A cr.n=:pt plan armc prtJpOl'C<l projcd must be llUbmiU.c:d with the appli<:atiml Th.. """""J>!. pllUl ~lrdl1 gIaphi...Uy ,)c:p;1Ol \hc
lE<lld ll&e change, developnlent r:tr varianee that is to be eonsidertd. Further, the pl;u, shall address MY potential land use 01
d~ i~e$llri"illgfi-o\1l the reqlleGt.ll'l $tJc:h CQSe$ involving rqQ'!Iinp, thcapp1icantmayprotTcrconditlOll!: to lil))it tbe~
11[11> euoJ d"vetopJ\I"l)~QrUIC P' '>11'" t1 aW b169 "oinS, COli a.:t auy dcIici=i"" 1111'1 may 11,,1 1x: mauagc:ll.bh: by Ccullty pc;nnilliu,!;
regulations.
The ~l>C<:Jl' pliUl ""auld n!11; be: confu.scd wlth the she pllllll>' plot p\all that I~ ''''Iui,cd p"iOl to the jSSUellCC Qta bw1ding pcr/llit.
Sne plan and building permit procct!IIl"ClI cneurc compl;Br,,:c wilil SIlltC $lid County devc:loprllC!1t teg'llb-tions and may mjlrire
changes 10 tbe initial concept plan. T)nte$O limiting condition" arc ~ and accepted in a TC%onillg Or impooed on a apecial
~ p<::lmit QI VlQjlll)oo. Ule CIIM"pl plaJ:lll'Illy Ue a1teled 10 II.. ",.denl ptlImilt=! by 1Jt" wm!!g &11;I;l a"d uther 1,,~ulaLiuns.
A cOIlCCpt plan is rcqW't(I with llll rtZOl1ing, special \I8e permit,. waiver, commrmity plan (15.2-2232) review and varlanc:e
IIpj)Ucation3. n.c plan should be ptcparcd by II prerCSS;ona1 ~E<: ~JN\"'tor. Th(; 1(;TI;1 of c1<otail tl'lll)" "*1)', dcpc;ndinll on lh., n<m=
of the reqnest. The COmity P1ann~g Divi~ioll mfflnllY exempt $QlllC: of tho jt(:l'Jl$ Qr suggcatthl> addition of c:xtu items, lM1he
following Ilfe ooasidered tninimmn:
ALL APPLICANTS
a Applicant narm: and name of developmel1t
b. Date, scale and nortb nrrow
Co Lot size in acres t:tr square feet and dimensions
d. L~on, names of owners and Remoke CoUllty tax map DllITlbcnl of adjoiOUlg properties
e. PhYllical featuf<:S suc:h lIS UOund cover,ll8lW'al wau:rcO\lIl/C8. f]oodpJaift, ete.
t. '!be zoning and land use of all adjacent propetties
g. All prOperty lines aDd 1!3S~
b- All tl\JlltJings, f,7,;:tst!ng anl1 proposed, and dimensiOlls, floor _and \l.cighbi
i. Locarlcm, wiclthg and names of all exining or platud ~ ot other publij1 wart within Of" sdjllc~llo the &velepment
j. DltllCfl$lOIl$ and 10CIIli0nS of aU driVl:WIIoYll. parlliDg spac:es and loading !:pACes
AcJdut~nDl u.fim71(1;t/01l reqlllredjbr- REZONING tmd SPBClAL USE, rlSRMlT APPuCAIVTS
Ie.. P.xi$ting utiltrill'6 (wllter, lewf$l', stomr dralns) and c:onne<:t1i:m8 at the !lite
Any drivewa~ CI1!1'll:tlccsf~;u., C\l1t> opCllings !We! crOSSO'V\$
m. TopoQOlphy map 111 II ~\l.jtablc _Ie 1u.1.;l 9Q1IWW iIl~e;l\"d~
II.. Al'proxi~ $tract grlld~ 8TId sit<:: dimn<;e, lit mler.;ections
o. Loc:lluons ofaJ] adjae<:m fitc hycl~ll1'I.te
p. Arry proli"m conditions at the site and how they 8l'C addrwsed
q. lIpI<>j~ i.:o \0 Ix: pballed, pl..- u~w ph_c: $1~bc<hUc
applictln\
President
f. Z~-O~
Dale
6
EXPLORE PARK PROPERTY LISTING
Tax Map No. Acreage
071.03-01-15.00-0000 18.78
071.03-01-10.00-0000 24.16
071.03-01-11.00-0000 3.75
080.00-01-35.00-0000 21.96
080.00-01-34.03-0000 0.07
080.00-01-34.02-0000 3.83
080.00-02-36.00-0000 0.30
080.00-02-35.00-0000 5
080.00-02-32.00-0000 8.67
080.00-02-33.00-0000 23
080.00-02-34.00-0000 13.86
071.00-01-03.00-0000 47.7
080.00-05-17.00-0000 13.95
080.00-05-24.00-0000 488.28
080.00-05-34.00-0000 1.75
080.00-05-31.00-0000 2.23
080.00-05-30.00-0000 1
080.00-05-32.00-0000 2.23
080.00-05-26.00-0000 10
080.00-05-27.00-0000 18.12
080.00-05-29.00-0000 22.66
071.00-01-12.00-0000 9
071.00-01-13.00-0000 33.05
ORDINANCE 122005-12 TO REZONE 774+/- ACRES FROM EP,
EXPLORE PARK DISTRICT WITH EXISTING MASTER PLAN AND
EXISTING PROFFERED CONDITIONS, TO EP, EXPLORE PARK
DISTRICT WITH NEW MASTER PLAN AND NEW PROFFERED
CONDITIONS, VINTON MAGISTERIAL DISTRICT, UPON PETITION OF
VIRGINIA LIVING HISTORIES, INC. AND THE VIRGINIA RECREATIONAL
FACILITIES AUTHORITY
WHEREAS, the first reading of this ordinance was held on November 15, 2005, and
the second reading and public hearing were held December 20, 2005; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on December 6, 2005; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 774
acres, more or less. in the Vinton Magisterial District and as described herein by tax map
number, is hereby changed from the zoning classification of EP, Explore Park District with
new master plan and existing proffered conditions, to the zoning classification of EP,
Explore Park District with new master plan and proffered conditions.
2. That this action is taken upon the application of Virginia Living Histories, Inc.
and the Virginia Recreational Facilities Authority.
3. That the owner of the property has vofuntarily proffered in writing the following
conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts:
1
(1) All prior zoning conditions and proffers associated with Explore Park
are removed.
(2) As shown on the Master Plan prepared by Hayes, Seay, Mattern &
Mattern dated November 30, 2005, ("Master Plan"), the primary access for visitors to
Explore Park shall continue to be the Roanoke River Parkway. VLH shall work with the
Blue Ridge Parkway to determine the specifics of that usage, including road maintenance
responsibrlities. Except as permitted in proffer #3 below, Rutrough Road shall be used only
for construction traffic, commercial deliveries to Explore Park, internal transportation by
Explore Park personnel, and for emergency vehicle access. This will not preclude,
however, the connection of internal Explore Park roads over and across Rutrough Road, as
generally indicated on the Master Plan. Those crossings shall be designed to prevent their
use as independent points of public access to Explore Park. Use of Rutrough Road for
Explore Park road crossing purposes will require the administrative review and approval of
Roanoke County and VDOT.
(3) The Mayflower Hills parcels (Roanoke County Tax Map Nos. 80.00-2-
32,80.00-2-33,80.00-2-34, and 80.00-2-35) currently use Rutrough Road as their access.
Notwithstanding the limitation on the use of Rutrough Road imposed by proffer #2 above,
Rutrough Road may be used for general public access to the Mayflower Hills parcels. A
portion of the Mayflower Hills parcels currently serves as a neighborhood park pursuant to
the terms of a lease agreement. Should VLH's development of the Mayflower Hills parcels
diminish the value of the park to the neighbors, which determination shall be made solely
by the Roanoke County Board of Supervisors, then, at its expense, VLH shall find an
alternate location for the neighborhood park.
2
(4) In an effort to meet the objectives of the Blue Ridge Parkway to protect
Parkway viewsheds which could be impacted when the Mayflower Hills parcels and the
parcels along Highland Road are developed, VLH agrees that, unless waived by the Blue
Ridge Parkway, no structures visible on June 30 of any year (to recognize the impact of
seasonality on views) from the center line of the Blue Ridge Parkway between milepost
marker 114 % and 117 shall be constructed on the Mayflower Hills parcels (identified in
paragraph 3 above) or the parcels along Highland Road (having Roanoke County tax map
parcel numbers 71.03-1-10, 71.03-1-11, 80.00-1-34.2, 80.00-1-34.3 and 80.00-1-35), so
long as the Blue Ridge Parkway will permit VLH to landscape on Parkway property to
shield views of structures to be constructed on said parcels if a Parkway location provides
the most effective means for screening a structure.
(5) For improvements visible from the Blue Ridge Parkway, at such points
as determined by the Blue Ridge Parkway and VLH, VLH shall comply with Blue Ridge
Parkway design standards.
(6) All signs visible from a public right of way shall be no higher than 25
feet and shall have a consistent design treatment. This shall not preclude, however, the
use of different sign designs in different sections of Explore Park to enhance the theme of
the section within which the sign in placed.
(7) When Explore Park development adjoins a Residential or Civic land
use, or a public street right of way for Rutrough Road, Lemon Lane, Highland Road or
Hogan Road, a Type E, Option 1 buffer yard (Le. 75 feet) wtth Type E, Option 1
landscaping, or equivalent natural vegetation, shall be provided per Section 30-92 of the
3
Roanoke County Zoning Ordinance, except that, for development adjacent to Tax Map No.
80.00-5-14 (Mayflower Hills Baptist Church), the buffer yard shall be 100 feet.
(8) Maximum structure height shall be 45 feet for structures located at the
minimum buffer line. The maximum height may be increased 1 foot for each additional 2
feet of buffer yard provided, up to a maximum height of 125 feet.
(9) VLH may wish to relocate the Blue Ridge Parkway Visitor Center now
located within Explore Park. Any new Visitor Center must consist of a building of
comparable size to the current Visitor Center, must be accessible to Blue Ridge Parkway
travelers and cannot impose a charge for customary public use, Before the Visitor Center
can move from its current location, VLH shall provide Roanoke County and the Blue Ridge
Parkway with notice of its desire to relocate the Visitor Center including the proposed new
location. W,thin 90 days of the date it receives notice from VLH of its des ire to relocate the
Visitor's Center, Roanoke County and the Blue Ridge Parkway shall have the exclusive
right to provide an alternate location for the Visitor Center on property contiguous to
Explore Park, so long as the parcel is accessible to Blue Ridge Parkway travelers, will be
ready for on-site grading and have all necessary governmental approvals to commence
construction (except for building plans required to be provided by VLH) within 6 months,
and the off-site location has been approved by VRFA. Failure of Roanoke County and the
Blue Ridge Parkway to designate an alternate location for a new Visitors Center within the
90 day period set out above will allow VLH to proceed with its plans. Any new Visitors
Center must be constructed in its entirety before any demolition of the current Visitor's
Center.
(10) Utilities providing service to Explore Park shall be underground.
4
(11) VLH agrees to cooperate with Roanoke County so as to allow a future
extension of the Greenway system into the non-fee area of the Park on terms acceptable
to Roanoke County and VLH,
(12) Recognizing that internal Explore Park roads will be private, VLH
agrees that such roads shall be designed to allow access by emergency vehicles.
4. That said real estate is more fully described as follows:
Tax Map Nos. 71.03-1-15 (18.78 ac.); 71.03-1 ~ 10 (24.16 ac.); 71.03-1-11 (3.75 ac.):
80.00-1-35 (21.96 ac.); 80.00-1-34.03 (0.07 ac.); 80.00-1-34.02 (3.83 ac.); 80.00-2-
36 (0.30 ac.); 80.00-2-35 (5 ac.); 80.00-2-32 (8.67 ac.); 80.00-2-33 (23 ac.); 80.00-
2-34 (13.86 ac.); 71.00-1-3 (47.7 ac.); 80.00-5-17 (13.95 ac.); 80.00-5-24 (488.28
ac.); 80.00-5-34 (1.75 ac.); 80.00-5-31 (2.23 ac.); 80.00-5-30 (1 ac.); 80.00-5-32
(2.23 ac.); 80.00-5-26 (10 ac.); 80.00-5-27 (18.12 ac.); 80.00-5-29 (22.66 ac.);
71.00-1-12 (9 ac.); 71.00-1-13 (33,05 ac.) containing approxir:nately 774 acres, more
or less.
5. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
On motion of Supervisor Altizer to adopt the ordinance with revised proffered
conditions submitted on 12/20/05, and carried by the following recorded vote:
AYES:
Supervisors McNamara, Church, Wray, Flora, Altizer
NAYS:
None
A COpy TESTE:
~9L~
Brenda J, Holton, CMC
Deputy Clerk to the Board of Supervisors
5
cc: File
Arnold Covey, Director, Community Development
Janet Scheid, Chief Planner
David Holladay, Senior Planner
William Driver, Director, Real Estate Valuation
Paul Mahoney, County Attorney
6
Petitioner:
. .
STAFF REPORT
Virginia Living Histories, Inc.
with consent of the Virginia Recreational Facilities Authority
Rezone 774:t acres from EP, Explore Park District with existing master plan
and proffered conditions, to new EP, Explore Park District with new master
plan and proffered conditions.
3900 Rutrough Road
Request:
Location:
Magisterial District:
Vinton
Proffered/Suggested
Conditions:
See attached proffer statement
EXECUTIVE SUMMARY:
Virginia Living Histories, Inc. requests on behalf of the Virginia Recreational Facilities Authority to
rezone 774,:!: acres from EP, Explore Park District with existing master plan and proffered conditions, to
new EP, Explore Park District with new master plan and proffered conditions. The requested rezoning
would follow a proposed amendment to the EP, Explore Park District, currently under consideration by
the Planning Commission and Board of Supervisors. The proposed rezoning includes a list of proffered
conditions addressing issues such as relationships with the Blue Ridge Parkway, access, structure height,
and buffer yards. Other regulations such as permitted uses, design standards, and requirements for open
space are addressed through a separate preceding action to amend the EP zoning district.
The park and surrounding area are designated Rural Preserve and Rural Village in the 2005 Roanoke
COllilty Community Plan. Portions ofthe Park on the northeast side of the Roanoke River are designated
Transition. Parks and outdoor recreational facilities are encouraged land use types in the Rural Preserve
and Rural Village areas. The areas between Hardy Road and the Roanoke River were designated
Transition in the 2005 update ofthe Conununity Plan. The Transition designation encourages orderly
development of highway frontage parcels. This designation was applied to the areas near the Vinton
Business Center, and Virginia Mountain Country, and includes adjacent Explore Park land.
Future revisions of the Roanoke County Community Plan will need to take into consideration the effects
of development at Explore Park on the surrounding transportation system as well as the surrollilding
community. Public water and sanitary sewer systems are planned for Explore Park. Extensions of these
systems to Explore Park will require review for conformance with the Community Plan, per section 15.2-
2232 of the Code of Virginia. Extension of public services through areas currently designated as rural
would bring substantial change to those rural areas, depending upon the route of construction.
Throughout its history, Explore Park has provided excellent visitor services in a unique outdoor
recreation setting. But the park operates under constrained finances, and needs to continue to grow in
order to thrive. The Virginia Recreational Facilities Authority, through its lease agreement with Virginia
Living Histories, Inc., has seized an opportunity to see the Park thrive. The proposed amendments to the
EP zoning district, followed by this petition to rezone the Park property, represent an exciting and
challenging change in direction for Explore Park.
Major changes in Park access would require a rezoning petition to amend the master plan. In addition, if
additional properties are acquired by the Virginia Recreational Facilities Authority in the future, these
1
properties would need to be rezoned through the same public legislative process in order to be used for
Park facilities. This rezoning is just the beginning of a new and exciting era in the history of Explore
Park.
1. APPLICABLE REGULATIONS
Development of the park would be regulated by the amended EP, Explore Park District, as well
as proffered conditions accepted by the Board of Supervisors for this rezoning.
US Department of Interior, National Park Service approval is required for any utility crossing of
the Blue Ridge Parkway lands.
Virginia Department of Transportation (VDOT) entrance permit is required for any new
commercial entrance from state highways.
Site development review is required for conformance with applicable County standards.
2. ANALYSIS OF EXISTING CONDITIONS
Background - The 1987 Explore Park Master Plan was the result of over hvo years of extensive
public process to identify a site for Explore, identify and mitigate community concerns and
develop the plan. The Master Plan described a development including the Blue Ridge Traveler's
Village and Welcome Center, Ridgeline Resort, University Research Campus, Historic Farm,
American Indian Park, Blue Ridge Town, and American Wilderness Park. This original Explore
Park concept was an ambitious commercial park endeavor, and included lodging, conference
centers, restaurants, museums, visitors' center, and park operations facilities.
In July, 1991, the Roanoke County Board of Supervisors created a new zoning district, the
Explore Park (EP) District, in recognition of the unique nature and diversity of uses proposed for
the Explore Park. The purpose of this district, as stated in Section 30-71-1 of the zoning
ordinance, is to ensure "that areas surrounding Explore Park are afforded any protections
necessitated by the Park's development and operation," and "ensure that public facilities and
services are planned and are adequate to ensure the safe and efficient operation of the Park with a
minimmn of impact on the surrounding neighborhood and the larger community."
The Virginia Recreational Facilities Authority (VRF A) is a political subdivision of the
Commonwealth of Virginia, formed to own and operate Explore Park. In June, 1993, on
application by the VRF A, the Roanoke County Board of Supervisors rezoned 767 acres to the EP
district. A detailed description and analysis of the rezoning application is given in a Staff Report
prepared by Roanoke County Assistant Director of Planning Mr. Jon Hartley on June 9, 1993.
This report is available for review in the Department of Community Development, in file #16-
6/93. The staff report offers a history of the planning process for Explore Park, as well as a
description of the application documents. The Explore Park master plan that was approved in the
1993 rezoning was scaled back from the original 1987 master plan, and set aside almost 2/3 of the
park as natural areas, including a 300-foot perimeter buffer area.
All development in the park has occurred on the southwest side of the Roanoke River, rather than
both sides ofthe river as originally planned. The Roanoke River Parkway was constructed, and
links Explore Park to the Blue Ridge Parkway. The Roanoke River Parkway terminates in a
central developed area that includes the Taubman Welcome Center, Brugh Tavern, Blue Ridge
2
Parkway Visitor Center and park administrative offices. Other developed features include a 17th
Century Tortero Village, 1St Century Frontier Settlement, 19th Century Valley Community, plus
mountain bike and hiking trails and other recreational facilities and opportunities.
By the late 1990s, many of the feasible development sites outside the designated natural areas had
already been used for the features mentioned above. Also, potential development areas adjacent
to the existing developments were constrained by the natural areas. Realizing these constraints,
and the need for future space to plan and expand activities in the park, the VRFA voted in March,
2004 to repeal their natural areas resolution. In their resolution repealing the natural areas, the
VRF A also requested the Roanoke County Board of Supervisors to amend the Explore Park
District zoning ordinance to reflect the change.
In June 2004, the Board of Supervisors amended the Explore Park master plan to remove the
natural areas overlay. That amendment carried over all of the other written and graphic
information from the 1993 rezoning request, and added a new proffer designating 75-foot, type E
buffer yard and landscaping where park development adjoins residential and civic land uses.
In Jnne 2005, the VRFA executed a fifty-year lease of Explore Park lands to Virginia Living
Histories, Inc. (VLH). The lease allows VLH a three-year time frame to study the feasibility of
operating a family destination resort at the Explore Park. The June, 2008 construction is expected
to commence, unless a mutually agreed upon extension is granted.
The lease also includes a representation and warranty that "The Premises is currently not zoned to
pennit the development ofthe Premises for the Tenant's intended use". Virginia Living Histories
reviewed the existing EP, Explore Park District and Explore Park Master Plan, and expressed that
a complete feasibility study could not be conducted unless amendments were made to the
regulations. As a result, the VRF A and VLH have requested that the County consider amending
the EP, Explore Park District regulations in order for VLH to proceed with their feasibility study
and ultimate commencement of construction. Subsequent to the amendment of the code, VLH
has requested to rezone the Explore Park land to the new zoning district with new proffered
conditions.
The County of Roanoke has strongly supported Explore Park throughout its history. During the
mid and late 1980s, the COWlty helped facilitate an extensive community participation process
that led to the 1987 Explore Park Master Plan. In the early 1990s, the County was involved in the
Roanoke County Explore Advisory Committee, and later the Explore Management Group. Since
that time, the County has provided financial and in-kind support such as annual budget
allocations, planning, infrastructure design, surplus vehicle donation, and most recently, County
parks and recreation staff support for recreational programs and management services.
Recent and Upcoming Events Involving Virginia Living Histories
In addition to numerous meetings in September, October and November between County staff
and representatives ofVLH, the following meetings and events have taken place:
September 20, 2005 - Planning Commission holds work session to discuss possible revisions to
EP, Explore Park zoning district. Potential1ist of permitted uses are discussed.
September 29,2005 - Virginia Living Histories holds a Community Open House at the Explore
Park Visitor Center to meet neighbors, answer questions and listen to suggestions for
3
development of a family destination resort.
October 18, 2005 -- Planning Commission holds work session to discuss possible revisions to the
EP, Explore Park zoning district. Draft code amendments are reviewed, and comments received.
October 21,2005 - VRFA and VLH submit application to rezone Explore Park land in Roanoke
County to the proposed new zoning district, pending/following amendments to the EP District
code.
November I, 2005 - Staff from Blue Ridge Parkway, Roanoke County, and representative of
VLH hold conference call to discuss proposed code amendments, rezoning request, and Blue
Ridge Parkway involvement and issues.
November 1, 2005 - Planning Commission passes resolution to consider amendments to the EP,
Explore Park District.
November 7, 2005 ~ Staff from Blue Ridge Parkway, Roanoke County, and representative of
VLH meet at Parkway headquarters in Asheville, NC to further discuss code amendments,
rezoning request, and Blue Ridge Parkway involvement and issues.
November 15, 2005 - Planning Corrumssion holds second work session to discuss latest draft of
proposed code amendments to the EP District, as well as to discuss possible proffered conditions
for the proposed rezoning.
November 17; 2005 - Staff from Blue Ridge Parkway and Roanoke County meet at County
Administration Center to review latest draft of proposed code amendments and discuss parkway
involvement and issues.
November 21, 2005 - Roanoke County staff and representatives ofVLH meet to discuss rezoning
proffers.
December 6, 2005 - Planning Commission public hearing to review proposed amendments to the
EP, Explore Park District, and to hear petition to rezone Explore Park land to the proposed new
district.
December 20, 2005 - Board of Supervisors scheduled to hold public hearings for the proposed
amendments to the EP, Explore Park District, and for the petition to rezone Explore Park land to
the proposed new district; pending Planning Commission recommendation.
TopographvN egetation - Topography ranges from gently rolling meadows and forests to steep
wooded terrain. The steepest terrain drops into the Roanoke River and Back Creek areas.
Several small creeks drain the property, and all of the creeks flow to the Roanoke River or Back
Creek. The Roanoke River and the river gorge are a major scenic attraction of the park. Virginia
Living Histories has made known their intentions to incorporate this scenic resource in their
development plans, but at tills time does not have any specific development details for the river
and the gorge.
Two sections of the zoning ordinance will regulate development along the river. The Floodplain
Overlay District and the Roanoke River Conservation and Overlay District will govern any
development along the river, especially in the floodplain. Federal regulations will govern any
4
activity within the navigable waters and streambed of the Roanoke River and Back Creek.
Vegetation consists of maturing and young mixed hardwood and evergreen forests. Some areas
of the park are open agricultural pastures and meadows. Other areas have been developed into
the existing park attractions and related services.
Surrounding Neighborhood - Adjoining properties in Roanoke County are zoned AR, AGl,
AG3, and PCD (PlaMed Commercial Development). Many adjoining parcels are large acreage
tracts containing single family homes and agricultural land uses. These homes are located along
Rutrough Road, Highland Road, Lemon Lane and Hogan Lane. Blue Ridge Parkway lands
adjoin to the northwest of the property. The Roanoke Valley Resource Authority owns a large
tract of adjacent land that contains the now-closed regional landfill. The Roanoke River Parkway
crosses the landfill property and connects Explore Park to the Blue Ridge Parkway. Across the
Roanoke River, Virginia Mountain Country occupies land zoned PlaMed Commercial
Development. Adjoining properties to the northeast in Bedford COlmty are owned by VRF A and
are under consideration for development by VLH. Other adjoining properties in Bedford County,
across the Roanoke River are large rural tracts containing single family homes and agricultural
land uses.
Community Open House - Virginia Living Histories held a community open house on September
29,2005 from I :OOpm - 8:00pm at the Explore Park Visitor Center. The meeting was designed
to meet neighbors, answer questions, and listen to suggestions for development of a family
destination resort. Staff from Explore Park, Roanoke County and the Blue Ridge Parkway, as
well as representatives ofVLH and VRFA, were available to receive comments and answer
questions. Approximately 150 citizens attended, and some completed a brief questionnaire.
Many of the previ'ous drawings and plans for Explore Park were displayed around the room.
While there were no new plans displayed for review, VLH had creative designers actively
drawing concept sketches of possible park scenes and activities as they listened to comments
from citizens.
3. ANAL YSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - The master plan submitted for this rezoning request consists of two
drawings of Explore Park, as well as a list ofproffered conditions. The first of the two drawings
is a large sheet, dated October 2005, containing current aerial photography of the Park along with
topographic information, as well as light blue shading ofthe Park properties. The drawing
depicts various existing and plalU1edJpossible access points to the Park, as well as the local street
network, Blue Ridge Parkway, Norfolk Southern Railway. The second of the two drawings is a
smaller sheet, dated November 30, 2005 that shows basically the same information, but without
the aerial photography or topographic information. The second drawing also shows nearby
homes and churches, as well existing buffer yard information. Discussions of the submitted
proffers are found below in various applicable sections of this report. In addition to the Master
Plan drawings and proffers, the revised zoning code for the EP District would regulate which land
uses are allowed, provide use and design standards for some of those uses, and regulate the
percentage of Park land that may be developed.
By proffer submitted with this rezoning petition, the buffer yards would be applied not only
where park development adjoins residential or civic land uses, but along public streets as well.
The proposed buffer yard is 75 feet, except around the Mayflower Hills Baptist Church, where
the buffer yard would be 100 feet. Required landscaping within the buffer yard would consist of
5
a combination of trees and shrubs, Or where sufficient, existing natural vegetation.
Structure height is addressed in Proffer #7. Maximum height is limited to 45 feet for structures
located at the minimum buffer line. That height may be increased 1 foot for each 2 feet of
additional buffer yard provided, up to a maximum height of 125 feet.
Proffer #4 addresses improvements visible from the Blue Ridge Parkway. For certain areas of the
Park, as determined by the NPS and VLH, improvements would comply with Blue Ridge
Parkway design standards.
Sign height is limited, by proffer, to 25 feet for any signs visible from a public right of way.
Proffer #5 states that signs shall have a consistent design treatment and varying themes through
different areas of the park. Most ifnot all of the signs for park services and features will be
located internal to the Park. The intent of the sign proffer is not to regulate internal park signage,
but to avoid tall sign structures that project above tree canopies and are visible from outside the
park.
In their application to rezone the Park property, VLH states that "Although sections of the Park
may well have different architectural styles to emphasize different periods oftime or locations,
Explore Park will be developed in a unified fashion, through the use of consistent design and
architectural themes, providing visitors with a unique experience." While this statement is not a
proffer, it may help provide, albeit subjective, a value or standard by which the intent of Virginia
Living Histories may be measured in the future.
VLH has indicated their intent to use the existing structures in the Park. Per the lease between
VRF A and VLH, VLH has the right to relocate or dismantle the structures in the Park. In any
case, VRF A would retain ownership ofthe structures.
Accessffraffic Circulation - Access to the Park would continue as currently provided. Visitor
traffic would enter Explore Park via the Roanoke River Parkway, a spur road from the Blue
Ridge Parkway that was constructed specifically as an entrance to the Park. Construction,
delivery, service and emergency vehicle access would continue as currently provided from
Rutrough Road.
The rezoning application references traffic studies that were conducted when the existing access
roads were reviewed and approved. The 1993 rezoning application for Explore Park included trip
generation rates for the development. Per the staff report for that rezoning, the traffic projections
generally coincided with those considered in the Roanoke River Parkway Environmental Impact
Statement. The figures indicated that with the ultimate development in 2020, the level of service
on the Roanoke River Parkway would approach Level C during weekday peak periods and Level
D during weekend peak periods. In the mid 1990s, the Roanoke River Parkway was constructed
based on expectations of steadily increasing visitor traffic to Explore Park
Mr. Anthony Ford, Roanoke County Transportation Engineering Manager, has expressed concern
that the original traffic studies are dated in the late 1980s and early 1990s, and that the base data
and methods for evaluating traffic impacts has changed since that time. Mr. Ford states concerns
that the capacities of the existing road networks has changed as well. He also noted the need for
additional information about proposed land uses in order to more effectively evaluate traffic
impacts.
6
Since the proposed rezoning petition does not include information about specific land
developments, it is difficult if not impossible to conduct realistic traffic impact studies at this
time. As VLH proceeds with their feasibility study, and subsequently commences development,
some traffic and development impact analysis will be needed, for the benefit of all parties
involved. The National Park Service will need to plan for future improvements and maintenance
of the Parkway roads. The Virginia Department of Transportation and Roanoke County will need
to plan for improvements to affected local streets, including the areas around the interchanges
between the Parkway and Route 24 and Route 220. Roanoke County will need to evaluate traffic
and land development patterns with respect to future land use plans. VLH will need to include
traffic studies in their plans for growth in order to ensure the quality of their visitors' experiences.
Several proffers submitted by VLH address traffic and transportation issues.
Proffer #2 refers to the Master Plan dated November 30,2005. Proffer #2 states that the primary
visitor access to Explore Park shall continue to be the Roanoke River Parkway, and that
construction, delivery, service and emergency vehicle access will continue via Rutrough Road.
The Master Plan uses arrows to indicate points of access. Arrows indicate access from the Blue
Ridge Parkway and Rutrough Road. Two of the arrows on the Master Plan are two-directional,
indicating possible rail or river access. This indicates possible visitor access via train from
downtown Roanoke, or possible visitor access via boat from Smith Mountain Lake.
Three more of the two-directional arrows on the Master Plan indicate internal visitor
transportation across the Roanoke River and Rutrough Road. The river crossing would connect
property on both sides of the river, and could be a vehicular or pedestrian bridge, or some other
form of visitor transport. The Rutrough Road crossings would serve as connections from the
internal park road network to properties on the southwest side of Rutrough Road, but would not
allow public access from the state highway. This could be bridges or on-grade, gated crossings.
Two-directional arrows are also shown at the existing entrance to Mayflower Hills Park and,
through private easement, to property on the north side ofthe Roanoke River. The arrows at
Mayflower Hills Park point toward the existing service road for the now-closed regional landfill.
The properties served by this road are owned by the Commonwealth of Virginia and the Roanoke
Valley Resource Authority, and that dri veway entrance is outside the scope of this rezoning. The
accesstbrough private easement to properties on the north side ofthe river is subject to the terms
of the easement language granting the access.
Proffer #3 acknowledges the existing driveway and public access to Mayflower Hills Park and
the surrounding Explore Park property that was once the American Center for Rare and
Endangered Species. This proffer also addresses possible relocation of Mayflower Hills Park,
and VHL's responsibility for replacing the county park. Since Proffer #3 really addresses two
separate issues, one of continuing public access and another of relocation of Mayflower Hills
Park, it may be helpful to split it into two proffers.
Proffer # 10 addresses continuation of the Greenway system into the non-fee area ofthe Park. It
would be helpful to have this proffer refer to the Roanoke Valley Greenway system.
Proffer #11 requires the internal private road network to be designed to allow access by
emergency vehicles. It would be helpful to have this proffer also read "constructed" in addition
to designed for emergency access.
7
Blue Ridge Parkway -The Blue Ridge Parkway and Roanoke River Parkway are important
neighbors to the development. Both of these parkway roads will function as primary visitor
access to the park. The importance of continued cooperation and collaboration between the
National Park Service, Roanoke County and Virginia Living Histories carmot be understated.
In a letter dated 11/16/05 to Elmer Hodge, Roanoke County Administrator from Philip Francis,
Acting Superintendent of the Blue Ridge Parkway, Mr. Francis states: "From the time that a
visitor enters the Blue Ridge Parkway at one of three major interchanges, turns onto the Roanoke
River and then enters Explore Park, the National Park Service (NPS) is responsible for the safety
and quality of their experience."
Mr. Francis continues in his letter to state that the NPS interest comes "from two fronts in
evaluating Virginia Living Histories, Inc. redevelopment plans. First, we believe that their long
term park 'theme' should be compatible with the Parkway's mission of'.. . enhancing the
outstanding scenic and recreational qualities of the conidor that it traverses, conserving
unimpaired its significant natural and cultural resources, and promoting in perpetuity the public
enjoyment and appreciation oftbe central and southern Appalachian mountains.' Visitors will
not easily separate where the Parkway and Explore Park begin and end experientially. "What
Explore Park becomes will be associated with the Parkway for better or worse." Mr. Francis
continues, "Secondly, we are interested in proactively working with Roanoke County tIu-ough
your zoning and project review process to provide our comments and concerns up front."
Several proffers submitted by VLH address parkway issues.
Proffer #2, addresses visitor access via the Roanoke River Parkway. This proffer continues to
state that "VLH shall work with the Blue Ridge Parkway to determine the specifics of that usage,
including road maintenance responsibilities." This could take the form of a memorandum of
agreement between NPS and VLH for snow removal and other road maintenance, and possibly
construction. As mentioned above, traffic studies will be needed in order to evaluate these
agreements.
For improvements that are visible from certain points on the Parkway, proffer #4 requires the
improvements to comply with Parkway design standards. The intent of this proffer is to ensure
that critical views from the Parkway are not impaired by new Explore Park development.
Proffer #8 acknowledges that VLH may need to relocate the Blue Ridge Parkway Visitor Center.
This proffer spells out the responsibilities of VLH in such relocation, including the provision that
a new facility must be constructed in its entirety before demolition of the existing facility. The
proffer also requires any new facility to be comparable in size, accessible to Blue Ridge Parkway
travelers, and free of charge for customary public use.
The central theme of the relationship between NPS, VLH and Roanoke County is that the Park
Service bas, and will continue to have, a role in several key functions of Explore Park. The Blue
Ridge Parkway and Roanoke River Parkway provide visitor access to the Park, and thus the Park
Service has a stake in providing for visitor safety and enjoyment, plus planning for future
roadway needs. For extensions of public water and sanitary sewer to Explore Park, any utility
easement for crossing Parkway lands would require an Environmental Assessment pursuant to the
National Environmental Policy Act. The Park Service has a financial and programming interest
in the Parkway Visitor Center, and will playa key role in deciding the location and design of any
relocated facility. And, the Park Service will have a role in mitigating impacts to their view areas
8
and visitor experiences.
Discussions between the National Park Service, Roanoke County and Virginia Living Histories
continue, and may result in adjustments to the proffers mentioned above. Park Service staff plan
to attend the Planning Commission public hearing on December 6. They will present comments
on the proposed code amendments and rezoning petition, and answer any questions from the
Commission.
Fire & RescuelUtilities - Fire and rescue service would continue as currently provided from the
Mount Pleasant and Vinton stations. Once fully developed, Explore Park would likely provide its
own security and first aid services.
Currently, all electrical and telephone service lines are located underground. Virginia Living
Histories has proffered to continue locating these services underground.
An above-ground water tank supplies pressure for a small system of water lines and fire hydrants.
This system serves the developed area at the entrance to the Park. Tn the historic area near the
Roanoke River, potable water is supplied by well and fire suppression water is available from the
Dver.
Two drip-irrigation septic systems have been installed in the Park. All other waste water disposal
is through conventional septic drain fields.
Public water and sanitary sewer systems are planned for Explore Park. Extensions of these
systems to Explore Park will require review for conformance with the Community Plan, per
section 15.2-2232 ofthe Code of Virginia. Extension of public services through areas currently
designated as rural would bring substantial change to those rural areas, depending upon the route
of construction. Also, if those utility extensions need to cross Blue Ridge Parkway lands, the
easement for crossing Parkway lands would require an Envirolll11ental Assessment pursuant to the
National Environmental Policy Act.
The timing and sequence of ultimate build-out at Explore Park is dependent on construction of
water and sanitary sewer systems. Until these services are provided, the Park development will
continue functioning on wells and septic systems. Hotels, restaurants and commercial recreation
facilities need adequate water, waste water and fire suppression systems. The scale and scope of
these facilities will depend on whether they are supported by wells and septic systems, or some
sort of water and sewer system.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The park and surrounding area are designated Rural Preserve and Rural Village in the 2005
Roanoke County Community Plan. Portions ofthe Park on the northeast side of the Roanoke
River are designated Transition. The Rural Preserve areas are mostly undeveloped, outlying
areas. These rural regions are generally stable and require a high degree of protection to preserve
agricultural, forest, recreational and remote rural residential areas. Rural Village areas are
generally rural community and farming areas located in between intense suburban development
patterns and the Rural Preserve and Conservation areas. Parks and outdoor recreational facilities
are encouraged land use types in the Rural Preserve and Rural Village areas. The areas between
Hardy Road and the Roanoke River were designated Transition in the 2005 update of the
Community Plan. The Transition designation encourages orderly development of highway
9
frontage parcels. This designation was applied to the areas near the Vinton Business Center, and
Virginia Mountain Country, and includes adjacent Explore Park land.
In 1991, the Roanoke County Planning Commission reviewed the Explore Park Master Plan for
conformance with the Comprehensive Plan, pursuant to Section 15.2-456 (currently 15.2-2232)
of the Code of Virginia. The Commission determined that the Park concept and master plan were
in substantial conformance with the Comprehensive Plan. Explore Park is recognized in the
Roanoke County Community Plan as an important recreation and tourism resource.
Future revisions of the Roanoke County Community Plan will need to take into consideration the
effects of development at Explore Park on the surrounding transportation system as well as the
surrounding community. Public water and sanitary sewer systems are planned for Explore Park.
Extensions of these systems to Explore Park will require review for conformance with the
Community Plan, per section 15.2-2232 of the Code of Virginia. Extension of public services
through areas currently designated as rural would bring substantial change to those rural areas,
depending upon the route of construction.
5. STAFF CONCLUSIONS
Throughout its history, Explore Park has provided excellent visitor services in a unique outdoor
recreation setting. But the park operates under constrained [mances, and needs to continue to
grow in order to thrive. The VRF A, through its lease agreement with VLH, has seized an
opportunity to see the Park thrive. The proposed amendments to the EP zoning district, followed
by this petition to rezone the Park property, represent an exciting and challenging change in
direction for Explore Park.
Future revisions of the Roanoke County Community Plan will need to take into consideration the
effects of development at Explore Park on the surrounding transportation system as well as the
surrounding community. Public water and sanitary sewer systems are planned for Explore Park.
Extensions of these systems to Explore Park will require review for conformance with the
Community Plan, per section 15.2-2232 of the Code of Virginia. Extension of public services
through areas currently designated as rural would bring substantial change to those rural areas,
depending upon the route of construction.
Major changes in Park access would require a rezoning petition to amend the master plan. In
addition, if additional properties are acquired by the VRFA in the future, these properties would
need to be rezoned through the same public legislative process in order to be used for Park
facilities. This rezoning is just the beginning of a new and exciting era in the history of Explore
Park.
CASE NUMBER:
PREPARED BY:
HEARING
DATES:
21~1212005
David Holladay
PC: 12/06/05
Bas:
12120105
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County of Roanoke
Community Development
Planning & Zoning
For Staff Use OnI
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5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
Dale rec.eived:
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Case Number ~ 1-
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ALL APPLICANTS
Check type of application filed (check all that apply)
o Rezoning []"Special Use IJ Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review
Applicants name/address w/zip
Lu.t-.. re.... C~(..(C., k s
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Phone:
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Cell #:
Fax No.:
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Owner's name/address w/zip
Le.uv.s. P{..~rs '
";;"'i' 10 Loc..h h.v.c'C.t'\. Ibt
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Property Locatio,:!_ .
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Tax Map NO':.o7 J 10 _q_1
Size ofparcel{s): Acres: i. 53
Phone #:
Work:
Fax No. #:
5lf()- 3&(r S-333
Magisterial District: 1-1 .. II,' n S
Conununity Planning area: /-10 111'1\ S
Existing Zoning: ..L - 1-
Existing Land Use: "l~c.,~" ~LA e..
REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/SIW/CP)
Proposed Zoning:
Proposed Land Use:
s
~ the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
~ ND IF NO, A VARIANCE IS REQUIRED FIR.s,L.,
Does the parcel meet the minimum criteria for the requested Use Type? ~ No
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request? Yes No
VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/WIAA)
Variance/Waiver of Section{s) ~'/ 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 oflnterpretation 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.
RfSfWlCP Y/AA RfSfWlCP Y/AA RfSlW/CP Y/AA
~ Consultation rii 8 Ifl"x II" concept plan ~ Application fee
.,/ Application r0 I~ Metes and bounds description (\/{ Proffers, if applicable
Justification (\) Pr Water and sewer application Adjoining property owners
[ hereby certify that I am either the owner ofthe pr<w.erty or the owner's agent or contract purchaser and am acting with the Imowledge and consent
of the owner. ~ W ~ /')-
(~~ -U.......I\O--.- ... \. _::X--L< a .\.~ Owner's Signature
2
E,u;d r~t5 cheer
August 25, 2006
Excel Tumble and Cheer began as the Roanoke Valley Lancers All Star program
in May of2004. It rented space from a local fitness center until it outgrew the space. We
began trying to locate our own building to begin a stand alone cheer gym and give a new
home to the All Star program in March of 2005. After many months and looking at many
buildings we found a location that suited our needs and had a commercial zoning.
In November of 2005 we began the work to change the use of the building from
retail to assembly, removed the drop ceiling, added lighting and opened as Excel Tumble
& Cheer shortly after. At the beginning of August we were informed that the building
we were operating in was sold to a new owner that would in fact be a user, so once again
our search was on.
Ironically, that same afternoon we pulled out of the parking lot and took three
lefts and found ourselves looking at a building located at 7525 HiTech Road just off of
Plantation Road that was empty and looked very nice. After some research on the
internet and a phone call to the realtor we were able to look at the building the following
Monday and found that it would be a great location and building for our needs.
It has the high ceilings, an open floor plan, ADA bathrooms, a nice lobby area
and a safe location for both our parents to drop off and pick up their athletes and for our
athletes themselves. After conferring with the owner on the hours of operation we found
that our hours would fit nicely around the neighboring building's hours. While theirs are
mainly daytime hours Monday through Friday, our hours or operation are the evenings
and weekends. Therefore, parking would not be an issue for either building. There is
more parking available at this facility than our old facility and getting into and out of the
parking area is much safer as well. Before our parents would have to enter and exit
directly from Williamson Road and during the evening that would sometimes pose a very
big risk.
Excel Tumble & Cheer not only houses the Roanoke Valley Lancers All Star
program, but also offers basic cheer classes, preschool and toddler classes and tumbling
classes for the beginner to very advanced tumbler. We began with 4 athletes in May
2004 and have now grown to over 150 athletes that utilize the building for either team or
classes on a monthly basis.
The average amount of athletes we would have in the building at a given time
would be 45-50. Most of these athletes are dropped off and picked up by their parents
just in time for their class or practice. This facility would only be used for practices,
private instruction and classes, and would not be used for any competitions.
Currently the property lies within an industrial area in Roanoke County and is
zoned I-I. We are also aware of the need to change the use of the building to assembly
which we had to do to the current building. Excel Tumble & Cheer is requesting to obtain
a special use permit that falls within the commercial uses and continue our operation as
an Indoor Sports and Recreation Facility at 7525 HiTech Road, Roanoke, VA 24019.
Laura Quarles
11
/1
Number: 027.10-09-01.00-0000
District: Hollins Area: 1,53 Acres
II
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County of Roanoke
For Staff Use Only
. Community Development D.lo rooeivod: ROC~
Planning & Zoning 9- 25-0(0
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Applica\ion flOC: '\ PCIB::'C#. dole:
5204 Bernard Drive iH~.Oc) IO-3-oic
POBox 29800 PI~Clln:lS i>svod: BOS d'lo:
Roanoke, VA 24018-0798 iO-Z.~-cC:.
(540) 772-2068 FAX (540) 776-7155 eGGe Nom bcr cl~.;" \ C'; /::I r){)( \)
ALL APPLICANTS T
Check type of application mild (check 011 thnlllpply)
:g] Rezoning Iia Special Use o Variance o Waiver o Adminlstrntive Appeal o Comp Plan (15,2-2232) Rel'lew
AppliClUlts nBme/address whip Phooe:
Eb1rcb Invesbta1tsr LIe Work: Pfi5-342-B726
633J Eaun Drive Cell #:
Kn::Jxville I 'IN 37919 Fax No : ffi5-558-f49?
Owner's name/address whip Phone II:
Work:
SEE SCHEDUlE A Fax No 1/:
Property Location Magisterial District Cave S[::rir8
SEE SCHEDUlE A Community PlllIlIliDg Ilrell: Clearbrook
Tox Map No : SEE SrnEDULE A Existing Zoning: SEE SCHEDUlE A
Size of parctll(s): Acres: SEE SCHEDUlE A Existing Land Use: SEE SCHEDULE A
REZONING, SPECW. USE PERMIT, WAIVER AND COMP PLAN (15..1-2131) REVIEW APPLlCANTS (RlS/W/CP)
Proposed Zoning; C2CVCD
Proposed Land Use: O::mrercial Eh:w:i.r8 CEnter
~e parcel meet the minimum lol arell, width, and frontage requirements of the requested district7
No IF NO, A V ARlANCE IS REQUIRED F~
Does the pllreel meeL the mininnnn criteria for fue requested Use Type Yes No
IF NO, A V ARlANCE IS REQUIRED FffiST @:
If reroning request, are condilions being proffered with this request? Yes
VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL. APPLICANTS (V/1WAA)
Variance/Wniver of Section(s) of the Romoke County Zoning Ordinance in order to:
Appeal of z.oning Administrator's decision to
Appeal of Intelpretlltion of Section(s): of the: Romoke County Zoning Ordinance
Appeal oflntcrprewtion of Zoning Map to .
Is the Ilppliclltioncomplete7 Please check ifenclosed APPLICATlONWfi...LNOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR rnCOM:PLETE
RJSrwlCP VIM
~ Consultntion
Appliclltion
1usLificIltion
I hereby certifythnt I nm eitherlhe ownerofth
of lhe owner
rusrwrcp VIM RlSNNCP VIM
81/2" x. II" concept plan ~ Application fee
Metes lInd bounds deSl:ription ~-.. Proffers, if l!.pplicnble
Water bI1d sewer oppHclllion Adjoining property owners
opcr1y or' r's ~ent orconlrac~pllrchDsc;rnnd n!n nCling with the knowlcdge nnd COIlS en!
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2
GLENN
FELDMANN
_._~_"_'._'.'.______ .m__.
DARBY"".
. '....,.. ._-_._~._...._. ..~ .....'~
GOODLATTE
210 1st Street S.W
Suite 200
Post Office Box 2887
iZoanoke, Virginia 24001
540224.8000
Fax 540 224 8050
gfdg@gfdg.com
Ii,
MARYELLEN F. GOODLATTE
Direct Dial (540) 224-8018
E.mail mgoodlatte@gfdg.com
August 25, 2006
HAND DELIVERED
Mr. David Holladay, Senior Planner
Roanoke County Planning & Zoning
5204 Bernard Drive
Roanoke, Virginia 24018-0798
Re: Ho1rab Investments, LLC:
Application for Rezoning and Special Use Permit
(A) Parcels for which rezoning is sought:
088.04-01-26,00
088.04-01 "" 34,00
088,04-01-35.00
(B) Parcels for which special use permit is sought:
088.03-01-09,00 088,03-01-06.00
088.03-01-04.01 088.03-01-03.00
088.03-01-02.00 088.03-01-01.0 1
088.04-01-38.00 088.04-01-39.00
088.04-01-41.00 088.04-01-40.00
088.04-01-36.00 088.04-01-39.01
088.04-01-34.00 088.03-01-01.02
088.03-01-01.03 088.04-01-35.00
088,04-01.26,00
Dear David:
Enclosed please find our application to rezone the properties identified above
and to obtain a special use permit for all of the properties identified above.
As you can see from Schedule A to the application, all of the parcels except
for tax map nos. 088.04-01-34.00, 088.04-01-35.00, and 088.04-01-26.00 are
already zoned C2CYOD. Those three parcels, currently zoned AR, are
requested to be rezoned to C2CVOD.
GLENN
- --
FELDMANN
DARBY,
GOODLATIE
Mr. David Holladay
August 25,2006
Page 2
The three parcels for which rezoning is sought total 4.05 acres. All of the
properties, including these three parcels, for which a special use permit is
being sought, comprise 39.65 acres.
Planned for the site is a retail shopping center anchored by a national retail
store. Small shops and out-parcel development would complement the
anchor store. Because all of the properties are or will be subject to the
Clearbrook Village Overlay District regulations, we are requesting a special
use permit to allow the following uses on the property:
1. Retail use exceeding 50,000 sq. ft. of gross floor area
(S 30-85-24.5(A) and 30-58-4(B));
2. Garden center use (s 30-58-4(B)); and
3. Automobile repair services minor (s 30-58-4(B)).
The anchor store will include the customary retail uses and services found in
a superstore. In addition to a garden center and tire and lube express, these
include a grocery, pharmacy (with a drive-thru), and fast food restaurant.
Pursuant to S 30-85-24(A)(2), we have been advised that a fast food
restaurant located within the anchor store will not require a special use permit
ifit does not include drive-in or curb service.
In addition to our application, please find the following supporting materials:
1. Original and one copy of the concept plan;
2. Metes and bounds descriptions;
3. List of adjoining property owners; and
4. Property owners' consents approving the rezoning and
special use permit application.
Our check in the amount of$1,145.00 for the filing fee is also enclosed.
GLENN
FELDMANN
DARBY.
GOODIATTE
Mr. David Holladay
August 25,2006
Page 3
Thank you for your assistance and cooperation.
Very truly yours,
/J1fv'y'{/"'~--
<1
Maryellen F. Goodlatte
MFG:1nh:5090017
Enclosures
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1-1-1-
JllSTIFICA TION FOR REZONJNG, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-'lJnl REVIEW
REQUESTS
Applic!ln! Holrob Investments I T,T [',
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, lU1d general welfllJe Please !lnswer the
following questions !IS thoroughly os possible, Use additionoJ spoce if necessary
Please explain how the request furthers the purposes of the ROW1oke County Ordinance ilS well !IS the purpose found ot the
beginning of the applicable zoning district clnssiFication in the Z.oning Ordinance
SEE ATIACHED.
Please explain how the project confonns to the genernl guideliI1es and policies contained in the Roanoke County Conununity
PIon
SEE ATIAmED.
Please describe the impnct(s) oftl1e request on the property itself, the odjoiniDg properties, and the surrounding oren., as well !IS
the impacts on public services and fllcilities, including waler/:rewer, roads, schools, parks/recreation and fJIe Dud rescue
SEE ATTACHED.
3
JUSTIFICATION FOR REZONING AND SPECIAL USE PERMIT REQUESTS
Applicant:
Bolrob Investments, LLC
Please explain how the request furthers the purposes of the Roanoke County Ordinance as
well as tlte purpose found at the beginning of the applicable zoning district classification in
the Zoning Ordinance.
Of the 17 tax map parcels which are the subject of this application, all but three are already
zoned C2CVOD. Those three parcels for which rezoning to C2CVOD is sought (parcels 088.04-
01-34, 088.04-01.35 and 088-04-01-26) adjoin the other parcels and complete the assemblage
required for this development. The Clearbrook Overlay District encourages commercial
development which is consistent with the community standards and design regulations
enumerated in the CVOD ordinances. This proposed shopping center, anchored by a national
retail store, will emphasize landscaping, building design, site design, lighting and sign age control
consistent with the Clearbrook Village Overlay District regulations.
Please explain how the project conforms to the general guidelines and policies contained in
the Roanoke County Community Plan.
The County's Community Plan designates the future land use of the parcels which comprise this
development as either "core" or "transition". "Core" properties are specifically identified as
appropriate for high intensity urban development, including larger-scale highway-oriented retail
uses and regionally-based shopping facilities. "Transition" properties, which buffer less intense
residential or other development, include planned and clustered retail uses. Property already
zoned C2CVOD is designated as a "Primary Area" for development in the Clearbrook Village
Design Guidelines. The three parcels for which rezoning to C2CVOD is sought are located in
the "Secondary Area". According to the Design Guidelines: "The Secondary Area designation is
used primarily as a safety valve to ensure that if and when those properties are rezoned they are
evaluated under the same guidelines as the adjoining properties within the Primary Area". By
including all these properties within one shopping center development and one rezoning/special
use application, comprehensive and consistent development pursuant to the Clearbrook Village
Overlay District regulations can be achieved.
Please describe the impact(s) of the request on the property itself, the adjoining properties, and
the surrounding area, as well as the impacts on public services and facilities, including
water/sewer, roads, schools, parks/recreation and fire and rescue.
The proposed development will be a "value-added" neighbor, providing significantly more
revenue to the County than any resultant costs of public services. Not being a residential
development, Roanoke County schools will not be adversely impacted. Rather, the national
retailer which will be the anchor for the shopping center has established programs by which it
"partners" with local schools and other area non-profit organizations to enhance the quality of
life for its community. hnpacts on traffic will be identified and analyzed by the developer,
VDOT and Roanoke County through a traffic impact study and any required improvements to
public rights of way will be made. Public water and sewer utilities will be extended to serve the
development. Although the concept plan shows on-site storm water management, the developer
is aware that Roanoke County is interested in creating a regional storm water management
system. If that regional system is available at the time final construction plans for the shopping
center are approved by Roanoke County, the developer would be interested in participating.
1 CONCEPT PLAN CHECIU,IST
~~ - ~
A concept plan of the proposed project must be submitted with the application TIle concept plnn shall graphically depicllhe
land use change, developmenl or vDriance Ulat is 10 be considered Further, the plan sba.ll address any polentinllnnd use Dr
design issues arising from the request. In such eElSes involving rezonings, the applicnntmay proffer conditions ID limit thefuillre
use end development oftlle property Dnd by so dDing, cOiTecl any deficiencies thaI may nol be manageable by Counly pennil1ing
regulations
The concepl plan should nol be confused with Ihe sile plan or plot plan thaI is required prior to the issuance ofa building permit
Sile plllIlllnd building permit procedures ensure compliance wilh StIlle alld County development regulations and mny require
changes \0 the inilial concept plan Unless Iimiling conditions nre proffered and accepled in a rezoning or imposed on a special
use pennit or variance, the concepl plan mny be altered to the extenl permitted by the zoning distric.t and other regulations
A concept pl!l!l is required with all rezoning, special use pemlil, waiver, community plan (152-2232) review and VwiWlCC
appliClltions. The plan should be prepared by !I professional sile plnnner The level of de!nillllay vary. depending on the nature
of the request The Counly Planning Division slaffmllY e>.:empt some of the items or suggest the addition of extra items, but the
following are considered minimtnn:
AL4.-APPLICANTS ~
~ D Applicant nnme and name of development
./ b Dale, scale Dnd north arrow
/ e 1-01 size in acres Dr square feel and dimensions
./' d.
./'e
./f
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/11
./
./
l.ocution, n!ll1les of o\Vners WId Ronnoke County lB.x map numbers of adjoining properties
Physicnl felltures such as ground cDver, natural watercourses, floodplain, ele
The zoning !Uld l!lDd use of !llllldjacent properties
All property lines and easemenls
All buildings, exisling !Ind proposed, a.nd dimensions, floor urea nnd heights
Locution, widths and names of all existing or platted streets or olherpublic ways wit1un or ndjacenllo !he development
Dimensions and locations of nil driveways, parking spac.es nnd loading spaces
Additional infomlalion requiredlor REZONING and SPECIAL USEPERMTr APPUCANTS
/ k
-
./ I
-
,/ m
7 n.
-
/ 0
-
/ p
/ q
Existing utilities (waler, sewer, slolID drains) und connections a! the site
Any driveways, enlmnceslexi!s, curb openings llIld crossovers
Topogmphy mllp in n suitable scale and contour inlenrals
Approximate' streel grades nnd site distances a! inlersections
Locn.tions of all adjacent flIe hydrants
Any proffered conditions III the sile nnd how they Ill'e addressed
If project is to be phased, plense show phElSe schedule
08/25/06
Dale
Holrob nvestrnents, LLC
By: Robyn J, As kew
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 Conunission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Wai.ver 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 Comrn.ission 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 thiO.. Jl)anning Commission The
Planning Commission shall consult with planning staffto determine if a continuance may be
warranted
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR Tl<..A.FFrc IMPACT STUDY
The ROmloke Comty Planning Commission reserves tbe 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 oj potential land uses and situations that would
/1eces~itate jurther 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
andlor suggestions to the plarming staff and the Planning Commission If a continuance is
warranted, the applicant will be notin ed of the continuance and the newly scheduled pub1i c
hearing date.
Effective Date: April 19,2005
lie
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By: /Robyn J. kkew
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Use Permit
Tax Number: 88.03-01-01.01,88.03-01-01,02,88.03-01-01.03,
88.03-01-03, 88.03-01-06, 88. 88.04-01-34,
88.04-01-35,88.04-01-36,88.04-01-38, 88.04-01-39. 88,04-01-39.01,
88.04-01-41
District: Cave
Area: 41+/-Acres
28 August, 2006 Scale: 1
equals 300 feel
88.04-01-41
District: Cave
Area: 41""1 ill
.
..... .......- .,... :n'
8/25/'06 FRI 14:37
) 15409839465-20
# 1/
Vz- - 01s:0~\:)~
s
County of Roanoke For taff Use Only
. CommunIty Develnpment D,.~;tlved; /6 & RtCo;vod byfuf
Planning & Zoning o Z,-S- 0
APP!icllliDIl fee: ~ PCIllZA flo:
5204 Demard Drive /(p/Otl(') I) C " :J woe;
POBox 29&00 /
. Placards i,~uerl: 13a~f~' 1
Ruanoke, V A 24018-0798 c .2 20 0 (;;
(540) 772-206& FA.X (540) 776.7155 CM~ l'Iurr.beT ~C\ - \ 0 I :J On (p
.,,~_.-------------....-.--_..-. ,- I
ALL APPLICANTS
Check Iype of applicliliOTl filed (checK a.1l \hat apply)
lil Rewning 0 Special U$C DVQr!lll\ct o Waiver o Admlllbtl"1ltive Appeal o Comp PIAn (IS.2-11J2) R~view
Applicants na.melllddress whip Phone: (804) 419-~S56
R~dden Valley Villas. I.l.e. cIa Jarne~ Thorp@ Worl;::
14350 Sommerville Cou't t Cdlll; (J304 ) 22.L-1260
M".n nt"ld "'n. VA 23113 fax No.: (804) 419-2558
Own~r's name1addrcss whip Phone II:
Worle:
PleQJ:;a l:H!c Attachment A Fa, No. #;
--
f'ropeny Location .'
4800 Keagy RO<lo Magislerlal District: Windsor Hills
Roanoke, VA 2401B Community Planning area; Neighborhood Conservation
Tall M!1p NI,l,: A Existing Zoning: R-l
Please see'Attachment
Sizr: ofpun:~I(~); ACrc:~: 2!J. 46 E>.islini LMd Use: Si1'\g' ~ F~TT1~ly Home
REZONiNG, SPECIAL USE PERMIT, WAIVER AND CaMP PlAN (15.2-2151) REVlEw APPLICANTS (RISIWICP)
Prupu~ed Z<mint:; R,-3
Proposed Land Use: Singh Family Attached/Multi Family Attach~d/Retir~t ty
Docs the: pared meet (he minImum 101 area, width. and frontage requirements of the requested di strict?
Ye$ ~ NoU IF NO, A VARIANCE IS REQUIRED FIRST.
Docs (he parcel mee.t me. minimum criteria (or lIle requesled Use Type? Yes ~ No IJ
IF NO, A VARIANCE IS REQUlRED FlRST
1 f rl':2oning requc:sl, arc condilions being proffel'ed with tb is request'! YeS f/ No iJ
VARIANCE, WAIVeR AND ADM1NISTRATIVE APPEAL APPLICANTS (YIWIAA) ,
Vnrillncd\\lllivcr of Scclion(5) of the Roanoke County Zoning Ordinance in order 10:
~. - . ,-.-
App~ar~(io'njn~ Administralor's decision (0
Appeal ortnterprelation of sectiOl'(!:): of the ROllnokc C[)unty Zoning OrdiMl\ce
Appeal of Interpretalion of Zoning Map \0
Is the :!pplic.alion complrlt? Pk.8.sc: check If enclosed, APPLlCA TION WILL NOT BE ACCEPTED 11" ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
By, /U ~_
'Mike Morgan, I '
F-15
2
GENTRY LOCKE
RAKES ex MGDRE
Attorneys at law
A Limited Liability Partnership
r 0 Franklin Road, 5. E
540.983.9300
Post OFfice Box 40013
Facsimile 540.983.9400
August 24, 2006
Roanoke, Virginia 24022-0013
wIWI.gentry1oCKe. com
Direct Dial: (540) 983.9312
mike yace@gentrylocke.com
HAND-DELIVERED
Mr. David Holladay
Senior Planner, County of Roanoke
Department of Community Development, Planning Division
5204 Bernard Drive
Roanoke, Virginia 24018
Re: Hidden Valley Villas, LLC, Keagy Road, Windsor Hills Magisterial District
Parcell: Tax Map Numbers: 067.17-01-01 (19.78 acres) and 067.17-01-01.01 (2.5
acres) (Victor F. Foti, Jr.)
Parcel2: Tax Map Numbers: 067.18-02-06 (1.0 acres) and 067.18-02-05 (0.3 acre)
(Earle C. and Marcelene S. Atkins)
Parcel],' Tax Map Numbers: 067.18-02-07 (0.88 acre) (Hidden Valley Villas, LLC)
Dear David:
We have the privilege of representing Hidden Valley Villas, LLC ("HVV"), and Triangle
Development Company, LLC ("Triangle"), the contract purchaser/owner and the developer,
respectively, of a unique planned residential community known as Hidden Valley Villas. The
development features ranch home-style units ranging in price from $275,000 to $350,000,
grouped in "quads." There would be 27 four-unit buildings and 9 two-unit buildings, for a total
of 126 units as shown on the concept plan. Each unit would be owned by the homeowner, but
with a condominium form of governance through a unit owner's association made up of residents
as members.
Similar communities developed by Triangle include Jefferson Villas near Poplar Forest in
Bedford County, the Orchard Villas in Bonsack, and another one in York County, Virginia.
These and the one proposed are EPCON developments, of which there are 325 in the United
States. The target market is people over 55 years old whose families are grown, which alleviates
any stress on county schools. Residents typically drive during off-peak hours and generate
approximately 48 percent ofthe traffic created by a standard single-family subdivision. They
contribute to the tax base without using many of the services provided other residents in the
County. The streets in Hidden Valley Villas would be private and trash collection would be
handled by a commercial waste disposal company. The community would be served by public
water and sewer.
GENTRY LOCKE
RAKES & MffiRE
Mr. David Holladay
August 24, 2006
Page 2
The property is currently zoned R-l Low Density Residential District. The proposed
development requires a rezoning to R-3 Medium Density Multi-Family Residential District due
to some definitional issues. The "quad" concept provides significant benefits in aesthetics and
design, but because they are connected only by garages, the units technically fall under the
"multi-family" definition in the zoning ordinance. The property is also designated as
Neighborhood Conservation in the County's Community Plan. As shown on the architectural
renderings included in the rezoning application, these units are definitely single-family in
appearance and design, at least 90 percent of which will be two-bedroom homes ranging in size
from 1,400 to 1,900 square feet. As a result, this residential community has a single-family look
and feel rather than what may otherwise be considered a typical multi-family residential
development.
We know that during the Keagy Village rezoning, the issues of traffic and additional
development along Keagy Road were discussed. To address these concerns, HVV has
commissioned a traffic study based on the projected number of occupants and the experience at
other EPCON communities so that interested parties and decision-makers can see for themselves
that this development will have minimal impact.
HVV has included with this application for rezoning voluntary proffered conditions, one of
which is that it will obtain the consent of Kahn to permit access to Hidden Valley Villas through
the Keagy Village commercial entrance. These details are currently being worked out as part of
a co-development agreement between HVV and Kahn with respect to utilities, grading, the
entrance and other matters. Accordingly, any approval of the requested rezoning will be
conditioned on obtaining authorization for the entrance from Kahn.
Significantly, Hidden Valley Villas provides for parks, open space, landscaped walking trails and
recreation areas, including a walking connection to Keagy Village. The development proposed
by HVV, as compared with a permitted R-l single-family use, is substantially less intensive:
R-l Single Familv Attacbed (2 units)
HVV
Setbacks:
Front: 30 ft.
Side: 10ft.
Rear: 25 ft.
40 ft.
30 ft.
25 ft.
Density:
3 units per acre (3 people per unit)
= 220.5 people
5.2 units per acre (1.75 people per unit)
= 223 people
Building Coverage:
30%
25%
I 2897/2/2033728v I
Mr. David Holladay
August 24, 2006
Page 3
Maximum Building Height:
45 ft.
Traffic:
10.1 trips per unit (73 units)
= 737.3 trips per day
. Additional school impact
. Travel at peak: hours
GENTRY LOCKE
RAKES & MCDRE
25 ft.
4.8 trips per unit (126 units)
= 604.8 trips per day
. No impact on schools
. Off-peak hours travel
We are confident that after considering what is proposed, everyone should be pleased with the
benefits that the County provided a community like Hidden Valley Villas.
Thank you for your consideration.
GMP:st
Enclosures
cc; Mr. James W. Thorpe
Mr. Michael A. Littleton
Mike Morgan, II, PE
Mr. Victor F. Foti, Sr.
Mr. Victor F. Foti, Jr.
12897/2/2033728vl
Sincerely,
GENTRY LOCKE RAKES & MOORE, LLP
~~
G. Michael Pace Jr.
PROFFERS
HIDDEN V ALLEY VILLAS, LLC, HEREBY VOLUNT ARIL Y PROFFERS AND
AGREES IF THE PROPERTY THE SUBJECT TO THIS REZONING APPLICA nON
IS REZONED AS REQUESTED, THAT THE REZONING WILL BE SUBJECT TO,
AND THAT HIDDEN V ALLEY VILLAS, LLC, WILL ABIDE BY, THE
FOLLOWING CONDITIONS:
1. mE PROPERTY SHALL BE USED FOR ONLY THE FOLLOWING
PERMITTED USES: RESIDENTIAL USE: RESIDENTIAL CONDOMINIUMS,
USED FOR PRIVATE RESIDENTIAL PURPOSES WITH A MAXIMUM OF
FOUR UNITS PER BUILDING. OFFICE USE: LIMITED TO MAINT AININO
A SALES OFFICE AND MANAGEMENT OFFICE DIRECTLY RELATED TO
THIS PROJECT.
2. NO MORE THAT 126 DWELLING UNITS MAY BE CONSTRUCTED ON
THE PROPERTY.
3, THE MINIMUM SQUARE FOOTAGE FOR UNITS WILL BE 1,270 SQUARE
FEET AND THE MAXIMUM SQUARE FOOTAGE WILL BE 2,000 SQUARE
FEET (not including the Clubhouse). THESE SQUARE FOOTAGES ARE
HEA TED SP ACES ONLY. NINETY (90) PERCENT OF THE UNITS WILL
CONTAIN TWO BEDROOMS OR LESS.
4. THE MAXIMUM HEIGHT OF BUILDINGS SHALL NOT EXCEED 30 FEET.
5. THE CONDOMINIUM DOCUMENTS GOVERNING THE DEVELOPMENT
WILL BE SUBSTANTIALLY SIMILAR TO THOSE FOR ORCHARD VILLAS
LOCATED IN ROANOKE COUNTY, VIRGINIA, INCLUDING BUT NOT
LIMITED TO: PUBLIC OFFERING STATEMENT, DECLARATION,
BYLAWS AND RULES AND REGULATIONS.
6. MANAGEMENT OF THE COMMON AREAS, WHEN TURNED OVER TO
THE PROPERTY nWNERS ASSOCIATION, SHALL BE BY A CERTIFIED
PROPERTY MANAGER, WITH A WRITTEN MANAGEMENT
AGREEMENT IN A FORMA T SUBSTANTIALLY SIMILAR TO THE ONE
FOR ORCHARD VILLAS IN ROANOKE, VIRGINIA.
7. ARCHITECTURAL STANDARDS FOR THE BUILDINGS WILL BE HARDI
PLANK SIDING, OR SIMILAR CEMENT FIBER SIDING PRODUCTS,
ACCENTED WITH ROCK OR BRICK. SIDING AND ROCKfBRICK
ACCENTS ARE TO BE TO GRADE. ARCHITECTURAL GRADE
SHINGLES ARE ALSO TO BE USED. BUILDING ARCHITECTURAL
STYLE SHALL BE SIMILAR AS THOSE AT ORCHARD VILLAS IN
ROANOKE, VIRGINIA, WITH THE EXCEPTION OF THE ROOFLINES.
12897fJ/2034180v I
HIDDEN V ALLEY VILLAS WILL HA VE TALLER ROOFLINES THAN
ORCHARD VILLAS FOR AESTHETICS.
8. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE MASTER DEVELOPMENT PLAN DATED AUGUST 23.2006.
PREP ARED BY MIKE MORGAN ENGINEERING, LLC.. EXCEPT AS
MODIFIED BY THESE PROFFERS AND AS MODIFIED BY THE FINAL
SITE DEVELOPMENT PLAN.
9. ALL NEW STREETS WILL HAVE STREETLIGHTS INSTALLED BY THE
DEVELOPER AT THE TIME OF THE CONSTRUCTION OF EACH
SECTION. NO ON-SITE LIGHTING SHALL ILLUMINATE ANY OFF-SITE
PROPERTY OR RIGHT OF WAY. THE STREETLIGHTS SHALL NOT
EXCEED 20 FEET IN HEIGHT. SHALL PROVIDE LOW LEVELS OF
ILLUMINATION AND SHALL BE SIMILAR TO THOSE USED AT THE
ORCHARD VILLAS PROJECT IN ROANOKE, VIRGINIA.
1 O. AT LEAST 20% OF THE TOTAL LAND AREA SHALL BE KEPT AS OPEN
SPACE.
11. LANDSCAPING ON THE SITE WILL CONSIST OF SOD LAWNS WITH A
HEA VY DISTRlBUTION OF ORNAMENTAL TREES AND SHRUBS. THE
LANDSCAPING PLAN WILL BE DESIGNED BY A LICENSED
LANDSCAPE ARCHITECT AND SHALL BE APPROVED BY COUNTY
8T AFF IN THE SITE DEVELOPMENT PLAN PROCESS. THE PROPERTY
OWNER'S ASSOCIATION WILL PERMANENTL Y MAINTAIN ALL
LANDSCAPING THROUGHOUT THE PROJECT.
12. THERE SHALL BE A TWENTY-FIVE FOOT \VIDE MINIMUM: BUFFER
AROUND THE THREE SIDES OF THE PROPERTY THAT ADJOIN OTHER
RESIDENTIAL PROPERTIES. THE BUFFER WILL CONSIST OF NEW
LANDSCAPE PLANTINGS AS THE EXISTING VEGETATION MAY HAVE
TO BE REMOVED DUE TO GRADE RESTRAINTS. ALONG KEAGY ROAD
THE DEVELOPER WILL CONSTRUCT A BUFFER OF LANDSCAPE TREES
AND SHRUBS TO SCREEN THE DEVELOPMENT FROM KEAGY ROAD.
A PORTION OF THE BUFFER ALONG KEAGY ROAD WILL CONSIST OF
UNDISTURBED ORIGINAL VEGET A nON. ALL BUFFERS WILL BE
DESIGNED BY A LICENSED LANDSCAPE ARCHITECT AND SHALL BE
APPROVED BY COUNTY STAFF IN THE SITE DEVELOPMENT PLAN
PROCESS. THE BUFFERS WILL CONSIST OF EVERGREEN TREES AND
EVERGREEN SHRUBS AND DECIDUOUS TREES.
13. PAVEMENT SECTIONS FOR THE PRIVATE ROADWAYS WITHIN THE
DEVELOPMENT SHALL BE BUILT TO THE 8T ANDARDS OF THE
VIRGINIA DEPARTMENT OF TRANSPORTATION BASED ON THE
NUMBER OF VEHICLE TRIPS PER DAY. ALL NEW STREETS WITHIN
THE DEVELOPMENT WILL BE CONSTRUCTED WITH CURB AND
12897/1 /203 4180v 1
GUTTER. ALL NEW STREETS WITHIN THE DEVELOPMENT WILL BE
CONSTRUCTED TO A MINIMUM WIDTH OF 241 AND DRlVEW A YS A
MINIMUM WIDTH OF 12'.
14, VEHICULAR ACCESS TO THE DEVELOPMENT IS CONDITIONED ON
APPLICANT OBT AININO THE APPROVAL OF KAHN DEVELOPMENT
COMPANY, INC., TO USE THE PROPOSED ENTRANCE TO KEAGY
VILLAGE AS A SHARED ENTRANCE TO HIDDEN V ALLEY VILLAS.
15. PUBLIC WATER AND SEWER WILL BE UTILIZED IN THE
DEVELOPMENT OF THIS PROJECT, HOWEVER THE UTILITY MAINS
ONSITE SHALL BE PRIVATELY CONSTRUCTED AND MAINTAINED.
12897/1/2034180vl
08/25;2005 11:41
54072544'38
VIAMAC OFFICES SALE
PAGE 01
CONSENT
Tax Parcel 067.17-01-01 (19.78 acres:)
Tax Parcel 067.17-01-01.01 (2-58 acres)
WHEREAS, Victor F. Foti, Jr., the owner of the property parcels listed above,
that are the subject of the application of Hiddcn Valley Villas, LLC. for rezoning froOl
R-I Low Density Residential District to R-3 Medium Density Multi-Family Residential
Districtj hereby consents to this rezoning application and agrees to be bound. by any
conditions that are proffered in this petition..
Vicro~J~J
AlJlZUSt 24. 2006
Date
I 2897f.U203363Svl
08/25/2006 15:01 FAX
I4l 002
CONSENT
Ta.x Parcel 067.18-02-06 (1.0 acres)
Tax Parcel 067.1 8-02-05 (0.3 acres)
WHEREAS, Earle C. and Marcelene S. Atkins, the ovmers of the property parcels
listed above, that are the subject ofthe application of Hidden Valley Villas, LLC, for
rezoning from R-I Low Density Residential District to R-3 Medium Density Multi-
Family Residefltial District, hereby consent to this rezoning application and agree to be
bound by any conditions that are proffered in this petition.
L ~
(~4-- i! .." 4r:J
Earle C. Atkins
August 24. 2006
Date
'/}!aAAi-Pk-fl r:- xt 4Z;L'_~~/
Mal-celene S. Atkins
August 24, 2006
Date
12R97/2/2033632v I
JUSTIFICA TION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW
REQUESTS
Applicant HIDDEN VALLEY VILLAS
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 wning district classification in the Zoning Ordinance.
PLEASE SEE ATTACHMENT B.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
PLEASE SEE ATTACHMENT B.
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.
PLEASE SEE ATTACHMENT B.
3
l JUSTlFICA nON FOR VARIANCE REQUEST.
Applicant
HIDDEN VALLEY VILLAS
The of Zoning Appeals is required by Section 15.2-2309 of the Code DfVirginia to consider the following factors before a variance
can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If
additional space is needed, use additional sheets ofpaper.
1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose ofthe
Zoning Ordinance.
N/A
2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as
distinguished from a speci aJ privilege or convenience) and would prohibit or unreasonably restrict the use of the property.
N/A
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 amendments to the Zoning Ordinance.
N/A
4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district.
N/A
4
JUSTIFICATION FORADMINISTRATlVE APPEAL REQUEST
Applicant HIDDEN VALLEY VILLAS
Please respond to the following as thoroughly as possible. If additional space is needed, use additi onal sheets of paper.
1. Reasons for appeal:
N/A
2. Evidence supporting claim:
N/A
5
8/25/'06 FRI 15: 17
) 15409839465-20
~ 1/
I CONCEPT PLAN CHECKLIST
A I:oncep\ plHn or \he proposed project must be ~ubllliLtcJ ..viLh the appliCfltion. The concept pll1n shull fl,r:lphiclllly depict the
land u~e chungc, devcloplMnI or variance !hat is to he cOIl:>idcn:.u. FlU1hcr, the plnn shllIl address any plJtentiaI lllnd LIse or
dc~ign issUe~ lIrising rfllm the relluesl. In such ca~e~ involving rC:lonings, the applicant m~'y proffer condiLiorn to 1i1TIi1 thi.: rulw-e
ll~C IIno developmenL urLhe property and hy ~o doing, eom:et uny ddlcicncics Lhal JrIIlY nul be mana F,eil blc by County fIl\mlittinB
n;guluLions.
TIle cl~ncepL pllln shoulJ nnt be confuscU wiUllhe site plan orplut pIun thuL is required pri~IT Lo the issUllncc uf u building pcmut.
Siw plan !1m! builJ.in)3 permiL prU(;eJw-cs ensure compliance wiLh SLaLe and County uevclopmenl regulutions and Tl'IHY require
chulIgc;; tu thc initial cum.:cpL plan. Onle~s.1imitinB corn.liLion3 !lrc protl'efl.lJ uuJ IIlleepled in a rezoning or imro~~,d on a special
US!; pennit ur vurllllll.le, the coneepl plan mllY he Hhcn:d Lo (he extenL pcnnilll'J by the :r.ol1ing district and olhC'r rebrulation:>.
A eum~cpl plnn is required witil ull r~zoning, spc[;illl use pennit. waivcr, commwlity plan (l5.2-22J2) review and variance
applicaLions. The plall ~h(\ulJ he prcpllruJ by a professional site planner. The level of ,\cl<lil may vary. depending 011 thl.: nalure
ofLhc request The County Plll.llnillg.Divisiun stllITmay exempl Some of (he items or ~Uggc::lL the addiLion uf cxtra iLCm::!, bul!he
follO\vins;\ are considered min.inHlln;
Al.J, AP)iI.ICANTS
V u. Appllcunt n!ime and name of developmenL
~ h, DoLe, scult.: unu m>rlh arruw
../' c, LoL size illllcres or sqwm: fe.cl um] Jimensions
./ d.
-/ e,
./ f.
./ g.
V h,
/i.
../'
-- J.
Location, nltmc:; of uwners find ROllnnk~ CounLy Lax map munb~rs ur adjoining propc-rlics
Physical t"eatuces such ll~ ground cover, naLw'fJl wlltcreuurses, flnodpluin, eLc,
ThC' wning and land use of 0.11 udjut;l:nL pro per Lie;;
A II rrop~rty lines lmd casements
All buildin8.~, existing und propo~cd, and dimensions. 1100r area Ilnd hl,;.ights
Lucalion, \vidLhs and IlQmes Drull ex IS ling or plllLtt.'l1 strl.:cLs or other pubtil: WUY8 wi(hin Ilr ~djacel1t to the d~vclnpmcnt
Dimensions and locations of Illl driv\:'wuys, parking SpIlCC;S llnd loading spnces
Additional injo/7J1afirm required/or RE'L{)N1NG and SPl!.'C'JAL USE PF.RJ..flT AJ'PJJCAN7:,
V k,
../ 1.
V Ill.
~ n.
./ l~.
./ p.
N/k- q,
Exi.:ting u\ililics (waLer, sewer, stonn drnins) und corulcCLi()n~ ilL the siLe
l\JJy driveways, cllu'on..:c~/cxits, curb opcning~ and t;rO:l~overs
Topog.raphy mup in u suitable scule llnd l.l\lntullT inlcrvals
Approximate street grades unu siLe di~Lancc~ al inll.lTSCcLiolls
T.nclllion-. ~>r alllldjllcent fire hydranl::!
Any prorrercd condil;on~ ul\he siLe and how lhey url.: Hddn:~~ed
11" pr~)jcct i:i 10 be phased, plca~e ~how phase scl1eduk
1 certify \haL all items required in the checklisL ahove Ilre c~lmplcLe
~--s:-
.-------
~/~s/u("
Datl
6
9/\2/'06 TUE 14:07
) 15409S39455-18
Community Development . Planning & Zoning Division
NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER,
PUBLIC STREET W AlYER, 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
availabte 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 corrunents 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 ANAL. YSES 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 tbe County
Traffic Engineer or staff from the Virginia Depilltment of Transportation requests further
traffic analyses and/or a traffic impact study !hat 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 paclrof?e).
This continuance shall al10w 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 ::IUggcstions to the planning staff and the Planning Conunission. If a continuance is
warranted, lhe applicant will be notified of the continuance and the newly scheduted public
hearing date.
EHiu:r/v~ d.te: April 19, 2005
---H/lAJ6A1 I//JUttt. Vlltiis I Lu:. __
~.'~tj:2
P.t .'r'. Sign re
?'-lI/CJ{,
Dot.
2/ 2
ATTACHMENT A
TO REZONING APPLICATION
Applicant's Name: Hidden Valley Villas, LLC
O~ers' Information
Victor F. Foti, Jr.
5041-A Benois Rd
Roanoke, VA 24014
Earle C. and Marcelene S. Atkins
4926 Keagy Road
Roanoke, VA 24018
Hidden VaHey Villas, LLC
cia James W. Thorpe and Michael A. Littleton
P. O. Box 1462
Midlothian, VA 23113
12897/1/2034B3vl
Phone: (540) 725-4460
Fax: (540) 725-4490
Phone: (540) 774-6064
Phone: (804) 221-1260
Fax: (804) 897-6276
Parcel 1
Tax Map Numbers:
067.17-01-01 (19.78 acres)
067.17-01-01.01 (2.5 acres)
Parcel 2
Tax Map Numbers:
067.18-02-06 (1.0 acres)
067.18-02-05 (0.3 acre)
Parcel 3
Tax Map Number: 067.18-02-07 (0.88 acre)
ATTACHMENT B
TO REZONING APPLICATION FOR
HIDDEN V ALLEY VILLAS, LLC
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 as necessary.
Please explain how the requestfurthers 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.
According to Section 30.45 of the Code of Roanoke County, the purpose of the R-3
Medium Density Multi-Family Residential District is to:
"Provide areas in the County within the urban service area where existing
middle-high density development ((six) 6 to twelve (12) units per acre)
has been established and land areas which generally appear to be
appropriate for such development. This district is intended to coincide
with the development and transition land use categories contained in the
Community Plan. They are designated based on access to major streets,
sewer and water, and schools with suitable capacity to accommodate
development at the stated density, and where parcel sizes allow for well-
planned residential development. The areas designated in this district are
also intended to serve as a buffer between less intensive residential areas
and more intensive office, commercial and industrial areas in districts. A
variety of housing densities and styles is encouraged in order to permit a
diversity and flexibility in design and layout. Additional standards are
established to provide for amenities and higher density developments."
Hidden Valley Villas provides a quiet, safe and attractive neighborhood for
seniors, active adults and retirement-aged adults within a well-planned
conununity that has proven in other areas to be a very good neighbor to
surrounding residents. Its design and character are consistent with the size and
shape of traditional single family residences, with floor plans from 1,270 to 2,000
square feet, 90% of which will have only two bedrooms. This unique and well-
planned residential community will promote the public health, safety and general
welfare by acting as an appropriate transition from the commercial corridor along
Route 419, and between the Keagy Village and the existing residential
neighborhoods without increasing demand on County services, including schools
and roads. Access to major streets, sewer and water are currently sufficient to
acconunodate this development, with parcel sizes that allow for this well-planned
residential conununity.
12897/2/2034136vl
The current R-l zoning allows for attached single-family dwellings of up to two
attached living units. Hidden Valley Villas would teclmically have only two
attached single-family units, but as many as four units would be connected by the
roofline of garages in the middle of each "quad." R-l allows for a density of
three units per acre, while Hidden Valley Villas would have 5.2 units per acre,
with the same number of people per unit.
Hidden Valley Villas includes walking trails and other outdoor amenities for its
residents that preserve or create open space for the convenience and recreation of
residents.
The proposed development would improve the available housing stock in this part
of the County by providing active adult and retirement housing which currently
exists only in modest quantities, and by permitting diversity and flexibility in
design, layout and amenities.
Please explain how the project conforms to the general guidelines and policies
contained in the Roanoke County Community Plan.
Hidden Valley Villas is in an area designated under the County's Community
Plan as Neighborhood Conservation. The primary objective of the Neighborhood
Conservation area is to preserve and enhance the existing character of established
neighborhoods through boundary protection and the addition of desired amenities.
Guidelines include appropriate screening and buffering with respect to adjacent
uses; incorporation of greenways within neighborhoods and to adjacent
institutional services, other neighborhoods and commercial centers; and the infill
of vacant land with similar density housing near well-designed low impact service
oriented businesses.
These objectives and guidelines are wholly consistent with the benefits provided
by the Hidden Valley Villas residential community. The proposed development
provides for a well-planned, inter-connected residen.tial experience providing its
residents with shared recreational facilities and amenities and a maintenance-free
living environment that ensures an attractive and appropriately maintained
neighborhood. Hidden Valley Villas would maintain and utilize the scenic beauty
of the surrounding mountainside and ridgelines through use of outdoor amenities,
recreation areas and walking trails that meander through the development and
COlU1ect to Keagy Village. The majority of the existing tree buffer along Keagy
Road will be maintained as a natural vegetative buffer with the addition of
appropriate screening and buffering as shown on the concept plan. All of this
enhances the existing character of the established neighborhoods in the area by
providing a positive linkage between the 419 commercial corridor, Keagy Village
and adjoining residential areas.
I 2897/2/2034136v 1
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
andfacilities, including water/sewer, roads, schools, parks/recreation andfire
and rescue.
The property consists of woods and open fields, with three residential homes.
The homes will be raised to permit the development as shown on the concept
plan, which includes significant landscaping and existing and additional
buffering and screening.
Residents on adjoining properties will see little, if any, of Hidden Valley Villas.
The maximum height of each building is 25 feet, which is 20 feet lower than
allowed under the current R-l ordinance. The development is designed to slope
away from Keagy Road and uses existing tree buffering and proposed landscape
berms to shield the neighborhood from view from surrounding areas.
The rezoning request includes voluntary proffers, one of which is that access to
Hidden Valley Villas is proposed to be through the commercial entrance to Keagy
Village, subject to the consent of Kahn Development Company, Inc., which must
be obtained. The applicant and Kalm Development Company, Inc. are finalizing
a co-development agreement that addresses this and other shared attributes of
their respective properties. If granted, the shared entrance will provide a
significant enhancement to the community by not requiring a separate entrance
onto Keagy Road.
Hidden Valley Villas will have little or no impact on public services and facilities.
As previously stated, residents of Hidden Valley Villas will primarily be empty
nesters, alleviating any impact on public schools. Water and sewer service will be
provided by the Western Virginia Water Authority without added cost, since all
utility mains will be constructed and maintained as private utilities for Hidden
Valley Villas.
Hidden Valley Villas would provide varied options for outdoor recreation for its
residents by means as recreation areas and walking trails throughout the
development and cOIlllected to adjacent properties.
Hidden Valley Villas would provide no impediment to fire and rescue services
provided by the County. Trash removal, street maintenance and snow removal
will all be provided by the property owners association through contracts with
private companies to provide such services.
12897/2/2034136v I
1.
2.
3.
4.
MAIN
5.
lNJ
MIKE MORGAN ENGINEERING, LLC
14350 SOMMERVILLE COURT
MIDLOTHIAN, VA 23113
OFFICE: 804.419.2559
FAX: 804.419.2558
CONCEPT PLAN
FOR REZONING OF
HIDDEN VALLEY VILLAS
ROANOKE, VIRGINIA
DATE 0!5r23I2QM
SHEET NO,
pRDJECllt: ;lom..100
C2.00
DRAWN ay: r-IDM
CHECK BY; MOM
{J
I
<
/
/
/
<:>
CJ
\
200
I
100
I
o 200
I ,
GRAPHIC SCALE IN fEET
400
~
NOTF:S:
,. APPLICANTS NAME: HIDDEN VALLEY WUAS, LLC
DEVELOPMENT NAME: HIDDEN VALLEY WLLAS
2. 24.46 ACRES
3. PROPOSED: 126 2-3 BEDROOM UNITS
1,300 TO 1,900 SQ. FT. PER UNIT
4. PRIVA TE WA TF:R AND SAN. SEWER SYSTEMS
ONSlTE CONNECTED TO PUBLIC SYSTEMS
5. ALL ROADWA YS TO BE PRIVA TE
6. SETBACKS (PROFFERED) ABUT71NG R-l
FRONT: 30'
SIDE: 30'
REAR: 25'
~
NOTES:
,. DRIVEWA YS ARE 12' I+1DE UNLESS NOTED OrnERI+1SE
2. PARKING SPACES ARE 9' x lB- UNLESS NOTED ornERWlSE
3. BUILDING FLOOR AREAS RANGE FROM 1,300 - 1,900 SQ.
FT. DEPENDING ON UNIT TYPE
4. EACH UNIT HAS 2 CAR GARAGE AND 2 PARKING SPACES
OUTSIDE GARAGE. CLUBHOUSE HAS 15 SPACES
5. MAXIMUN RESIDENT1AL BUILDING HEIGHT IS 25' UNLESS
NOTED OrnERI+1SE
6. CLUBHOUSE I+1LL BE APPRX. 3,000 SQUARE FEET
7. KEAGY ROAD IS 22' WIDE I+1rn A VARIABLE WlDrn R/w.
ADJACENT TO PARCEL
MIKE MORGAN ENGINEERING, LLC
14350 SOMMERVILLE COURT
MIDLOTHIAN, VA 23113
OFFICE: 804.419.2559
FAX: 804.419.2558
CONCEPT PLAN
FOR REZONING OF
HIDDEN VALLEY VILLAS
ROANOKE, VIRGINIA
DATE:0612:l12006
SHEET NO.
PROJECT'~ 2006-...00
C3.00
DRAWN BY, MOM
CHECK BY: MOM
llIDDEN VALL~~Y
VI LLAS
':"1 ~"~'(il~ eOIT"HJlIJ.::II:,>"
- -----
/-
I
I
THIS DRAVVlNG IS NOT TO SCALE
[NI
MIKE MORGAN ENGINEERING, LLC
14350 SOMMERVILLE COURT
MIDLOTHIAN, VA 23113
OFFICE: 804.419.2559
FAX: 804.419.2558
CONCEPT PLAN
FOR REZONING OF
HIDDEN VALLEY VILLAS
ROANOKE, VIRGINIA
DATE: O.!l;f23120OS
SHEET ND,
PROJECl j: '200&-100
C4.00
OAAWN av; Mo"
CKECK av, MOM
APPLICANT NAME: HIDDEN VALLEY VILLAS, LLC
PROJECT NAME: HIDDEN VALLEY VILLAS
PARCEL SIZE 24.46 ACRES
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17' APPROXltJA1E DltJENSIONS
TYPICAL 4-UNIT BUILDING
(FINAL DIMENSIONS WILL VARY DEPENDING ON
UNIT TYPE, ALL 4-UNIT TYPES ARE SHOWN
ABOVE)
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VICINITY MAP
ron.s.
ADJOINING PARCEL INFORM A nON (SEE SHEET C 2,00)
TAX MAP II ZONING LANDUSE MAILING ADDRESS
SYMBOL OIrlNER
4712 KEAGY RD.
GREENE. NELSON R ~ 067.17-01-02.00-0000 R1S SINGLE F AMIL Y HOMES ROANOKE VA., 24018
A BRENDA Z 1775 ELECTRIC RD.
B VIA EDIrIARD B 067.14-02-04,00-0000 R2 V AC ANT ROANOKE VA., 24018
C KEAGY VILLAGE. LLC. C SHOPPING CENTER
4-913 KEAGY RD.
ALDRIDGE,- VERA G. 067.18-02-11.00-0000 R1 SINGLE F AMIL Y HOMES ROANOKE VA., 2401 B
D WARWOOD DR.
E GVYN, MARY ANN 067.18-02-37,00-0000 R1 SINGLE FAMILY HOMES ROANOKE VA., 24018
KEAGY RD.
F GARDNER, TROY I!. 067.18-02-08,00-0000 Rl SINGLE F AMIL Y HOMES ROANOKE VA., 24018
NORMA 101, 4835 KEAGY RD.
VDRDSVORTH, MARIAN 067.17-01-30.01-0000 R1 SINGLE FAMILY HOMES ROANOKE VA., 24018
G H, 4-825 KEAGY RD.
H GREEN, RODNEY E. & 067.17-01-30,00-0000 R1 SINGL E F AMIL Y HOMES ROANOKE VA., 24018
RICKEY F. 4.817 KEAGY RD.
J MAYCOCK, JERRY R. s.. 067,17-05-31.00-0000 R1 SINGLE FAMILY HOMES ROANOKE VA., 24018
CATHERINE F, 4809 KEAGY RD.
K SINGH, NAVTEJ &. 067.17-05-30.00-0000 R1 SINGLE FAMILY HOMES ROANOKE VA., 24018
MALKIAT KAUR 4801 KEAGY RD.
L VIGGINGTON, LEAH 067,17-05-29.00-00DO R1 SINGLE FAMILY HOMES ROANOKE VA., 24018
4.797 KEAGY RD.
M MCBRIDE:, .JEAN G. 067.17-01-27,00-0000 R1 SINGLE FAMILY HOMES ROANOKE VA., 24015
4791 KEAGY RD.
N MCBRIDE, JEAN G, 067.17-01-27,01-0000 R1 SINGLE F AMIL Y HOMES ROANOKE VA. 24018
DILLON, DANNY R, s.. HOMES 4783 KEAGY RD,
P 067.17-01-25,00-0000 R1 SINGLE FAMILY ROANOKE VA., 24-018
TAMMY L TRS 4759 KEAGY RD.
Q SCHNEIDER, NEVILLE 06 7.17-0l-24,00~0000 Rl SINGLE F AMIL Y HOMES ROANOKE VA.. 2401B
FELLOVES 4748 KEAGY RD.
R BENJAMIN, CARL M. &. 067,17-01-08,00-0000 R1 SINGLE F AMIL Y HOMES ROANOKE VA., 24018
TERRIE A. 4742 KEAGY RD.
S FOWLER, RALPH ~ L 067.17-01-07,00-0000 Rl SINGLE F AMIL Y HOMES ROANOKE VA., 24018
BETTY R. 4734 KEAGY RD.
T DEGIDIO, KEVIN p, ll. 1067.17-01-05.00-0000 R1 SINGLE F AMIL Y HOMES ROANOKE VA., 24018
V ANDA J.
MIKE MORGAN ENGINEERING, LLC
[N) 14350 SOMMERVILLE COURT
MIDLOTHIAN, VA 23113
I OFFICE: 804.419.2559
FAX: 804.419,2558
CONCEPT PLAN
FOR REZONING OF
HIDDEN VALLEY VILLAS
ROANOKE, VIRGINIA
DAlE: OBl23f2DO&
SHEEr ND.
PROJECT.: 200&-'00
C1.00
ORAWNSY,"'!)'"
C~EC~ aY, MOt.!
8/25/'06 FRI 15:38
) \5409839465-20
# 1/ 2
Western Virginia Water Authority
Water/Sewer Availability Application
Date: -~t1-:rI-(j b
Applicant: __JilJ2IL€-.!Y-.__'{8:-'~.k€.y-Jll~ktJ:.57 I- L- c..
Mailing Address: _LLf~:j:9...___~t;!_I!1t!!~l!::Y.!.ldr-'~ Col/~
_(!i'-el-Qr..tf..ur~__lI..Lt.___~~ II S
Phone:(Q;Q_V._'iL1.::._~~:~ ~
Cell: -\..t'?_~)--~ J.,L=-_L~_~ 0
Fax= _~~_IjJ_:t_::__~~~ff
Property Address: ___'t_ffq_Q__~t?.IJ_ff__.i!::f!_I}J2_____________
City or County: ----fl.rLJnLrf------------------------------
Tax Map Number(s): __Jl_~_T..!_[J:__=_<2...L~nL.!.~L--g:J2QQ.___
Development (Subdivision) Name: _Lt!~J!.~_1L.&~__l/L~~5
Single Residentiall Dup'ex,€ulti-Residenti3VSubdivision, or Commercial
Facility?
M If
Water Meter Size Requested: _L~1.~r.~..I::___!:J.___________________
1"1
Sewer Lateral Size Requested: ____~_____________________________
COMPLETE THE FOLLOWING FOR
NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES
Domestic now RequIred? fl1l" ~__L'-_~___GPM
~ll (Attach completed ''Sizing Wat@r Service Ulles and Meters" Form AND "Non-Residential Sanitary Sewer
Cft@cklist", blank forms available on website under "Engineers" section)
I~ Bultding to be Sprinkled? YES Ie;
Minimum Fire Flow Ri!quired? 5"'10 CPM
Return to Jamie Morris; Phone: 540-853-1588; Fax: 540-853-1017
Postal Mail: 601 S.Jefferson Street, Suite 300. Roanoke, VA 2401 1
lamie. mo rris@Westernvawater.orq: ~."Y~!~![1yawater .orq
Rev. 1/06/06
8/25('06 fRI 15:38
) 15409839465-20
Western Virginia Water Authority
Sizing Water SSNice Lines and Meters
Development: H l bD6'AI V IT J..-L-Gy
Type of Occupancy; ~~ J Df5. 1Jrt rl L-
Plumbing Fixture
Bathtub
Bedpad Washers
Combination Sink & Tray
Dental Unit
Dental Lavatory
Drinking Fountain - Cooler
Drinking Fountain - Public
Sink
1/2" Connection
3/4" Connection .
3/6" Connection
1/2" Connection
1/2" Conne<;tion
3/4" Connection
Lavatory
Laundry Tray
SnowerHead(Showeron~)
Umial . Ped;stal Flush Valve
Wall Flush Valve
Trough ( 2 foot unit)
Wash Sink ( each set of faucets)
Water Closet. Flush Valve
Tank Type
Dishwasher -
1/2" connection
3/4" connection
Washing Machine - 1/2" connection
3/4" connection
1" connec.:tion
Hose Cannection (Wash Down).
Hose (50 foot Wash Down)
1/2"
314"
1/2"
5/B"
3/4"
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Developed by: Triangle Development Group, LLC
--~ ~,--
HIDDEN VALLEY
VI LLAS
An Epcon Community
Our Mission is: To Build Homes, Neighborhoods and lifestyle that provide One Remarkable
Experience SM
An Epeon Com.munity
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lIIDDEN VALLEY
VILLAS
I. Site Description
- Location and size 3
Existing and surrounding land use 4
Existing conditions & character 5
II. Project Description
- An Epcon Communities Developer 6
Demographics 6
- Project overview 7
Benefits to sun-ounding neighborhood 8-9
Proposed land use 10
R1 Zoning Comparison to HVV 10
Traffic Analysis 11
Description of residential products 12
Community amenities 13
III. Exhibits
- Artist's renderings 14
Exterior home pictures 15
Interior home pictures 16
Locations 16
Demographic information 17
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience 51'"
AD EpcO'n Communit,
~~
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EPCON
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Site Descriotion
g
HIDDEN VALLEY
VILLAS
Location &. Size
~
HIDDEN VALLEY
VILLAS
.... I'.lI-~"''' r......_....-I.y
'\if
· The site is located on Keagy Road approximately 1,500' fr'Om Electric
Road and adjacent to the future Keagy Village project.
· The parcel is approximately 24.5 Ac of which 20 Ac will be developed
Page 3
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
An Epcon CO!Il.1I'Lunit.y
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Communities
~
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VILLAS
Existing and surrounding land uses
------ /
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· The Roanoke County Land Use Plan Map designates the site as Rl
· The parcel to the North is undeveloped, the parcel to the east is the future
Keagy Village project, the parcels to t he south are Rl single family houses
across from Keagy Road and to the west is an Rl single family home.
· The existing land use is a single family home.
Page 4
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
Ac. EP.COD CommuDity
~~
vs.
EPCON
Communities
l'
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SU:e Desc~iption
HIDDEN VALLEY
VI LLAS
Existing conditions and character
. The existing site is composed of the Foti property which contains a single
family dwelling and the Sheetz and Atkins property which also contain single
family homes. The site is currently partially wooded and partially open mowed
fields.
Page 5
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
An Epcon Community
~
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EPCON
Communities
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HIDDEN VALLEY
VI LLAS
Epcon Communities and Triangle Development Group
- Epcon Communities
-Founded in 1986 by Ed Bacome and Phil Fankhauser
-Concentrate exclusively on ranch-style condominiums
-Began franchising in 1995
-To date, Epcon Communities and its franchisees have built over
20,000 homes in over 325 communities across 26 states
- Triangle Development Group, LLC
-Founded in 1998 by a Custom Home Builder and a Developer
-The Triangle team brings over 75 years of combin~d building and
developing experience in luxury custom homes
-Has currently constructed 5 Epcon Luxury developments
-Seeks to build luxurious, safe, quiet, active adult neighborhoods
that are professionally maintained.
-Typical Epcon Communities Customer
-Active Adult, Baby Boomer
-Over 60% of Epeon Communities residents are over 55*
-57% of Epcon Communities residents consider themselves retired
or semi-retired*
-Have a desire for downsized homes, condominium services,
carefree lifestyle "Active Adults" (45+) is the lart:test & fastest
growing age group!!!
12,000
10,000
8,000
6,000
4,000
~ +51%!! I
o_z'ifurce: u.s. cens'fS:~Data, 2000 45+
[J Population - 1990 m Population - 2000
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience sMPage 6
AD. [peon Community
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EPCON
Communities
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HIDDEN VALLEY
VI LLAS
Project Overview
The concept plan presented in this application proposes a community that
meets the demands of aging residents while providing a beautiful
transition from the surrounding single family homes, to the future Keagy
Village shopping center.
The site pia n achieves the following:
· Directs all traffic through the Keagy Village entrance to eliminate
any traffic from in front of the existing single family homes
.Preserves 900' of the existing tree buffer along Keagy road while
adding over 600' of landscaped berms to buffer the proposed site
from the existing neighborhoods.
· Integrates coordinated development patterns with interconnected
open space, streets and walking trails
- Creates direct access to the future Keagy Village to eliminate the
need for residents to drive onto Keagy road to shop and dine
-Site is graded so that only a few units will be visible from Keagy
Road
-Only the front door of a unit will be visible to Keagy Road.
Page 7
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience ,1,'
AD. Epeon Community
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vs.
EPCON
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1'T %5roie~~ ~~~,i"',~"h~')Hn!l"'a
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HIDDEN VALLEY
VILLAS
Benefits of Hidden Valley Villas
to the surrounding neighborhood
Hidden Valley Villas will be designed to make much less of an impact to
the surrounding neighborhood than a single family home subdivision.
Through research of previous projects and valuation of Hidden Valley
Villas:
- Extra buffering through berms and landscaping far exceeding
Roanoke County requirements
-Serve as an effective attractive buffer between the existing single
family neighborhood and the future Keagy Village Project
-Traffic is directed beyond the existing residential neighborhood to
mix with the traffic from Keagy Village so that there is no traffic
impact to the single family neighborhood
-Active Adult Condominium developments produce 480/0 less traffic
than same size single family projects (per various independent traffic
studies) and the majority of Epcon residents are retired which means
that they do not travel during peak traffic density hours which even
further lessens the impact on existing traffic loads
-HW will be geared towards retired age adults with no school age
children living full time in the community, therefore no school impact
-Condominium units will sell at the same price range (or more) as
the existing single family homes in the neighborhood
-Greater tax revenue for the County than a single family
development
-The view at every angle of a building is the front of a residential
home, therefore there are no unsightly sides or rears of a residence
that is usually not as attractive as the front entrances
Page 8
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience ,M
An Eflcon Ctl~muf\ity
~i
EPCON
Communities
~~
11"
Project DescriptieH1
HIDDEN VALLEY
VI LLAS
Benefits of Hidden Valley Villas
to the surrounding neighborhood
-Only one front door is visible from any angle which makes each
building appear as one residential home
-Garages are recessed into the building which buffers the garages
from view
-Cars are not allowed to be parked on the street to alleviate any
unsightly views of the project.
-Construction is completed rapidly usually the project duration from
groundbreaking to final punch lists is approximately 2 years. This is
much quicker paced than a single family subdivision that is only
completed once all of the homes are sold
-Studies have shown that Epcon projects have ha If the residents per
unit as a single family home on average which means less density of
people per acre that a single family subdivision. This means more
revenue in taxes for the County with very little impact
-All roadways, utilities, and services are private which means no
demand on the County and local government services
-Epcon communities have noise restrictions that keep the
neighborhood not only quiet and relaxing for the residents
themselves but also for the surrounding neighborhood
-Hidden Valley Villas will raise the property value of the surrounding
neighborhood
Page 9
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AD EpCOD Community
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IIIDDEN VALLEY
VILLAS
Proposed land use
Residential --
- 126 attached condominium units (27 four-unit
buildings & 9 two-unit buildings)
- Parks and open space with fully landscaped
walking trails and recreation areas
Hidden Valley Villas compared to R-l Zoning Requirements
R1
Single family attached (2 units)
Front: 30'
Side: 10'
Rear: 25'
3 units/Ac at 3 people/unit
= 220.5 people
300/0 bldg coverage
Max Bldg Ht. 45'
HW
Only 2 units attached
Front: 40'
Side: 30'
Rear: 25'
5.2units/Ac at 1.75 people/unit
=223 people
250/0 bldg coverage
Max Bldg Ht. 25'
Page 10
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
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lIIDDEN VALLEY
VILLAS
Traffic Analysis
R1
HVV
10.1 trips/unit at 73 units
= 737.3 trips/day
4.8 trips/unit at 126 units
= 604.8 trips/day
Added school bus traffic
Added County trash pickup
No school bus traffic
Private trash pickup
Travel at peak traffic hours
Do not travel at peak hours
Page 11
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
'!"'7
Ii"
Project De:scription
~a
V~
EPCON
Communities
HIDDEN VALLEY
VI LLAS
Aq EpCOD Comm'Unlly
Description of residential properties
-Ranch style condominium homes
-Four unit buildings with several floor plans for architectural
variety and almost limitless interior options for personal
customization
-Homes range in size from 1,300 to 1,900 square feet
-Each corner of the homes presents the view of a large
single family home
-Garages are internalized and recessed in order to screen
and lessen effect on overall appearance
-Exterior finish in European Country which features stone
and wood with brick accents
-Professionally maintained landscapes and exteriors
-Community to offer safe neighborhood for Residents
-Quiet, relaxing, beautifully maintained neighborhood with a
sense of community for its residents
OUf Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience 51A Page 12
~c..'9
11m
Project Description
~a
V~
EPCON
Communities
HIDDEN VALLEY
VILLAS
AD Epc:on Community
Community amenities
-Clubhouse
-Fitness Room
-Community Room with kitchen and pool table
-Heated Pool
-Outdoor Kitchen (Grill and Patio)
-Bike/Walking Paths
-Water features
-Putting Green
-Full exterior Maintenance: Trash removal, snow removal,
lawn maintenance (sod & irrigation)
-Maintenance Free building exteriors: stone, architectural
roof lines, brick, Hardi-Plank siding (no vinyl siding)
Examples of existing Epcon Communities clubhouse~...
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable ExperiencE;Psage 13
An Epcon Community
~1
EPCON
Communities
'f"11'
1fJ:.~4.~9
~VfJ.<lil a"\lIfr.~
b.:t~\\..ii il~~~~
lIIDDEN VALLEY
VILLAS
Artists renderings of Hidden Valley Villas
F ."'lt~C-~~,,,," .~.. ........~ .
.: ~. . "t.~,.. ~
: ~ ~ ..'~ ,.
i I't{ \'lot.\.
+. ..........<:....:':.J. .;:.C""'.. ....
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Page 14
Our Mission is: To Build Homes, Neighborhoods and Ufestyle that provide One Remarkable Experience s,"
III..
Exhibits
~1
EPCON
Communities
HIDDEN VALLEY
VILLAS
An Epeon Community
Exterior home pictures
~~f~~:"Cl" _it.
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
Page 15
IIIi'
Exhibits
~a
vS-
EPCON
Communities
HIDDEN VALLEY
VI LLAS
.4h Epcon CO!ntnunity
Interior home pictures
~ '" -,~ --J"
" ~,"'-:-: t'"':'! I I
, c',' ., .!
-~-'--" ~)l .111;~,~I;'l
~ " . r' :, -I:.;., I :j
~~',,~ ) - .' ~. 1 ,
. r':'J;;!~l'<~' :,'--: - 'p_'-I:'~
, ~~ ,Li.l .;;;~iI i ',j
. ''''''''. ',I .;,."- iSm; I ~~;~
'0' .~ leI",.':' .:,.~...~ ,,!!II;7 ':' ,..1
" ""':1 ".' . - . }-.;,
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Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience ,~Page 16
IIIDDEN VALLEY
VILLAS
'f'ifT
~~~g
1P" ~. n ~n ~i ~D' ~ .1'= .-
",..,~ t<!i lS
~1rI. . I!..._
An Epcon CcmrnunH.y
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Communities
locations of current Epcon Communities
Your area's demographic information
Demo raphics
0/0 of tota I
o ulation
A e roup
45 to 54 years
55 to 59 years
60 to 64 years
65 to 74 years
75+
Total % >45
13.7
4.7
3.8
6.6
6.5
35.3
Source: u.s. Census Bureau summary 2000 file
Page 17
Our Mission is: To Build Homes, Neighborhoods and Lifestyle that provide One Remarkable Experience SM
~
.
Tax
Name: Hidden
R1
R3
Number: 067.1
District: Windsor Hills
LLC
. 067. 067.18-02-07
Area. 24.46 Acres
August, 2006 Scale: 1" 300'
ACTION NO.
ITEM NO. H-I
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Second reading of an ordinance authorizing the acquisition of
certain real estate from Len DeShano and Dorothy DeShano
consisting of approximately 8.9 acres for future County use,
Hollins Magisterial District
SUBMITTED BY:
Anne Marie Green
Director of General Services
Elmer C. Hodge ct:- ff~
County Administrator
APPROVED BY:
COUNTYA~S?
SUMMARY OF INFORMATION:
Roanoke County is in the process of obtaining parcels of land for several important projects
including a new County garage and an additional North County fire station. On July 13, the
County entered into an option agreement with Len DeShano and Dorothy DeShano,
owners of an 8.9 acre tract of land bordered by Hershberger and John Richardson Roads in
Roanoke County. The property is currently assessed at $365,000 and the County
requested 45 days to perform geotechnical and environmental assessments of the
property. The County paid $5,000 to the Deshanos as a deposit towards the sale price of
$415,000. The option was verbally extended until September 27 in order to allow the
County to complete the necessary assessment work and hold two readings of this
ordinance.
The Board had the opportunity to view the site during a tour earlier in the summer. The
property has enough buildable space for either a County garage or a fire station, although it
is not large enough for both facilities. It is currently zoned C2, which is appropriate for a fire
station; however, it will have to be rezoned to 11 to construct a County garage. It is well
positioned for either facility as it is located close to the intersection of Plantation and
Hershberger Roads, and has potential for two entrances: one onto Hershberger and one
onto John Richardson Road.
The geotechnical and Phase I environmental reviews did not indicate any serious problems
with the property, although further testing will be required to determine costs for site
preparation. The County has issued a Request for Proposals for an architectural and
engineering firm to help design and prepare cost estimates for a facility on the site and the
proposals are due back September 20.
It is anticipated that the preliminary design phase for the project will be completed in
January 2007, with final design finished in the spring, and the project bid out in the early
summer of 2007.
Staff has met with the Western Virginia Water Authority to discuss a long term contract for
the maintenance and repair of its fleet. Having the Authority as a customer will allow us to
set a rate structure to meet the costs of building and operating the facility. Once the terms
have been negotiated I the contract will be brought back to the Board for approval.
FISCAL IMPACT:
Funds for purchase of this property have been set aside in a capital account for
construction of a new County garage.
ALTERNATIVES:
1. Approve second reading of the ordinance exercising the option to purchase the 8.9 acre
tract located near the intersection of Hershberger and Plantation Roads and authorize
the County Administrator or his designee to sign the necessary documents.
2. Do not approve the second reading of the ordinance and direct staff to locate other
property for construction of a new County garage and/or North County fire station.
STAFF RECOMMENDATION:
Staff recommends Alternative 1. The property is well located and large enough for either
the garage or the fire station and purchase of the land will allow plans to go forward for a
necessary county facility.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 26, 2006
ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL
ESTATE FROM LEN DESHANO AND DOROTHY DESHANO
CONSISTING OF APPROXIMATELY 8.9 ACRES (TAX MAP NO. 38.16-
1-7) FOR FUTURE COUNTY USE, HOLLINS MAGISTERIAL DISTRICT
WHEREAS, Section 18.04 of the Roanoke County Charter directs that the
acquisition and conveyance of real estate interests be accomplished by ordinance; the
first reading of this ordinance was held on September 12,2006, and the second reading
was held on September 26, 2006.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County, Virginia, as follows:
1. That the acquisition of approximately 8.9 acres of real estate (Tax Map
No. 38.16-1-7) located off John Richardson Road and Hershberger Road owned by
Len DeShano and Dorothy DeShano for the sum of Four Hundred Fifteen Thousand
Dollars ($415,000) is hereby authorized and approved.
2. That an additional sum of Ten Thousand Dollars ($10,000) is hereby
appropriated to pay ancillary costs of this transaction including a Phase 1 environmental
study and geotechnical work, surveying costs, title insurance and other closing costs.
3. That funds were previously appropriated into the Garage Account in the
Major County Capital Fund to pay all of the costs of this acquisition.
4. That the County Administrator or Assistant County Administrator are
hereby authorized to execute such documents and take such actions on behalf of
Roanoke County in this matter as are necessary to accomplish the acquisition of this
real estate, all of which shall be approved as to form by the County Attorney.
ACTION NO.
ITEM NO.
Il-4
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
Appointments to Committees, Commissions and Boards
AGENDA ITEM:
Diane S. Childers, CMC
Clerk to the Board
SUBMITTED BY:
Elmer C. Hodge ['~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals)
The four-year term of Richard L. Williams will expire on October 24, 2006.
2. Capital Improvement Program (CIP) Review Committee (Appointed by District)
The one-year term of Jason B. Perdue, Hollins District, expired on August 31, 2006.
3. Economic Development Authority
The four-year terms of Craig W. Sharp and Allan Robinson, Jr. will expire on September
26, 2006.
4. Grievance Panel
The three-year terms of Beth Anderson and Jim Garlow, Alternate Members, will expire
on October 28, 2006. Ms. Anderson and Mr. Garlow have indicated that they are willing
to serve an additional term, and confirmation of these appointments has been added to
the consent agenda.
J\-~
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 26, 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 September
26, 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 -September 12, 2006
2. Request from the Police Department to accept a United States Department of
Justice grant in the amount of $21,677
3. Request from the Community Development Department to accept a Virginia
Department of Conservation and Recreation grant in the amount of $148,000 for
the Mudlick Creek urban stream restoration at Garst Mill Park
4. Resolution amending and readopting guidelines for the implementation of the
Public-Private Education Facilities and Infrastructure Act of 2002
5. Request to accept and appropriate reimbursement in the amount of $32,909.28
for time/resources as part of the 800MHz rebanding project
6. Confirmation of committee appointments
2. That the Clerk to the Board is hereby authorized and directed where required by
law to set forth upon any of said items the separate vote tabulation for any such item
pursuant to this resolution.
1
ACTION NO.
ITEM NO.
J-d
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Request from the Police Department to accept a United States
Department of Justice grant in the amount of $21,677
SUBMITTED BY:
James R. Lavinder
Chief of Police
Elmer C. Hodge ~ fI~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The United States Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance, has awarded the Police Department a grant in the amount of $21,677. The
grant was approved for the purchase and installation of four wireless sites for paperless
reporting and the wireless cards for Mobile Data Terminals. The grant does not require any
matching funds.
FISCAL IMPACT:
None
ALTERNATIVES:
None
STAFF RECOMMENDATION:
Staff recommends acceptance of this United States Department of Justice, Office of Justice
Programs, Bureau of Justice Assistance grant in the amount of $21,677.
ACTION NO.
ITEM NO.
0"-,3
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26,2006
Request from the Community Development Department to
accept a Department of Conservation and Recreation grant in
the amount of $148,000 for the Mudlick Creek urban stream
restoration at Garst Mill Park
AGENDA ITEM:
SUBMITTED BY:
George W. Simpson, III, P.E.
County Engineer
Elmer C. Hodge C/f-.- ~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The Virginia Department of Conservation & Recreation awards competitive grants to
localities and other organizations for the purpose of restoring and improving the quality of
state waters under the Virginia Water Quality Improvement Act of 1997 (WQIA). The
Department of Community Development, in partnership with the Department of Parks,
Recreation & Tourism filed an application and has been notified of a grant award in the
amount of $148,000 for the "Mudlick Creek Urban Stream Restoration at Garst Mill Park" in
Roanoke County.
The purpose of the project is to address stream bank erosion along Mudlick Creek through
the heavily visited Garst Mill Park using "natural channel" stream restoration techniques.
These techniques may include native vegetation plantings, restoration of stream habitat
structure, and equilibrium of stream channel geometry. We hope to demonstrate with the
project a significant reduction in sediment loads to Mudlick Creek and to the Roanoke
River.
1
The Department of Community Development has been conducting stream assessment
along Mudlick Creek for several years. The Mudlick Creek watershed has been viewed as
the County's "pilot" watershed for looking at urban stream restoration, flooding and
stormwater quality issues since construction of the Hidden Valley stormwater management
facility at Hidden Valley High School, which was funded with a previous WQIA grant to the
County. The Mudlick Creek Urban Stream Restoration Project at Garst Mill Park is a
logical extension of stormwater management efforts along this tributary of the Roanoke
River.
FISCAL IMPACT:
No appropriation of funds is being requested. It is anticipated that the $148,000 will be
matched with in-kind services from the crews of both departments performing the work and
supplemented with current budgets.
ALTERNATIVES:
Alternative #1 Accept the grant and authorize staff to sign the agreement and begin the
project.
Alternative #2: Decline the grant at this point in time.
STAFF RECOMMENDATION:
Staff recommends Alternative #1.
2
ACTION NO.
:}-y
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
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:
~~
SUMMARY OF INFORMATION:
On April 25, 2006, the Board adopted revisions to its guidelines to implement the Public-
Private Education Facilities and Infrastructure Act of 2002 (PPEA). The General Assembly
made further revisions to the PPEA and outside counsel has recommended that it may be
necessary to amend the guidelines to incorporate these legislative revisions.
The amendments include requirements that public entities:
1. Make written determinations of the necessity and scope of exclusion from public
disclosure of records that a private entity submits as part of a public-private
procurement and seeks to protect as confidential (Va. Code 92.2-3705.6.11, as
amended).
2. Post conceptual proposals received from private entities for public inspection and
comment within 10 days after their acceptance (Va. Code 956-573.1:1 A; Va. Code
9 56-575.17 A).
3. Post and make available for public inspection any interim or comprehensive agreement
the public entity intends to enter into with a private entity after such agreement is
negotiated but before entry into it (Va. Code 9 56-575.17 C).
4. Once an agreement has been entered into, make procurement records for the
procurement leading to that agreement available to the public for inspection upon
request, with the exception of trade secrets, as defined in the Uniform Trade Secrets
Act, financial records of the private entity not generally available to the public through
regulatory disclosure, and cost estimates prepared by or for the public entity (Va. Code
S 56-573.1:1 0 & E; Va. Code S 56-575.17 0 & E).
These changes apply to any proposals received after July 1, 2006.
The amendments to "d. Freedom of Information Act" and "IV Unsolicited Proposals" are
designed to address the requirements that the County must make its own determination
with respect to information to exempt from disclosure. Previously, a Virginia public entity
could use a procedure for designation of a proposer's confidential commercial information
as exempt from public disclosure relying upon the proposer's designation of portions of its
proposal to be protected from disclosure under the Freedom of Information Act, and the
public entity could then rely upon such designations, absent a challenge to them. In
contrast, with the enactment of the 2006 legislation, a Virginia public entity doing a
procurement under the PPEA using competitive negotiation now must affirmatively make its
own independent review and written determinations regarding information submitted that
proposers contend to be exempt from public release.
The review and determination required by this amendment necessarily must be done within
a short period of time. In the case of competing proposals submitted in response to an
unsolicited proposal or in response to a request for proposals, where the dates of
"acceptance" and receipt are typically synonymous, the time will be within 10 days of
receipt.
Another significant change made by the 2006 amendments is that now a Virginia public
entity must finalize the agreement it makes pursuant to the PPEA and make it available to
the public for inspection and comment prior to entry into the agreement. Before this
amendment, it was common practice for Virginia public entities not to make agreements
public until after entry into them. This common practice was similar to the practice followed
in procurement by competitive negotiation in the federal sector and in the Virginia public
sector under the Virginia Public Procurement Act, Va. Code S 2.2-4300, et seq.
Furthermore, prior to these amendments, public entities often authorized entry into
agreements before all details had been finalized. This no longer will be possible, adding
time to the process.
Since it is generally the County's practice that such documents are completed at least a
week before submittal to the Board for review and approval, this amendment provides for
making the comprehensive agreement available for public inspection 7 days before Board
action. This amendment is inserted in two different locations (in Section IV and VIII) in the
Guidelines.
STAFF RECOMMENDATION:
It is recommended that the Board approve these amendments to the guidelines for the
implementation of the Public-Private Education Facilities and Infrastructure Act of 2002.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 26,2006
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, on April 25, 2006, the Board adopted Resolution 042506-3b
amending and readopting the PPEA Guidelines; 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 amendments to the Guidelines for the
Implementation of the Public-Private Education Facilities and Infrastructure Act of 2002
as amended.
1. That the Guidelines are hereby amended as follows:
1
D. Freedom of Information Act
Generally, proposal documents submitted by private entities are subject to the Virginia
Freedom of Information Act ("FOIA"). In accordance with S 2.2-3705.6 of the Code,
such documents may be released if requested, except to the extent that they relate to (i)
confidential proprietary information submitted to the County under a promise of
confidentiality or (ii) memoranda, working papers or other records related to proposals if
making public such records would adversely affect the financial interest of the
Commonwealth or the or the of either party
Subsection 56-575.4 G of the PPEA imposes an obligation on the County to protect
confidential proprietary information submitted by a private entity or operator. When the
private entity requests that the County not disclose information, the private entity must
(i) invoke the exclusion when the data or materials are submitted to the County or
before such submission, (ii) identify the data and materials for which protection from
disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A
private entity may request and receive a determination from the County as to the
anticipated scope of protection prior to submitting the proposal. The County is
authorized and obligated to protect only confidential proprietary information, and thus
will not protect any portion of a proposal from disclosure if the entire proposal has been
designated confidential by the proposer without reasonably differentiating between the
proprietary and non-proprietary information contained therein.
Upon receipt of a request that designated portions of a proposal be protected from
disclosure as confidential and proprietary, the County shall determine whether such
protection is appropriate under applicable law and, if appropriate, the scope of such
appropriate protection, and shall communicate its determination to the proposer. If the
determination regarding protection or the scope thereof differs from the proposer's
request, then the County will accord the proposer a reasonable opportunity to clarify
and justify its request. Upon a final determination by the County to accord less
protection than requested by the proposer, the proposer will be accorded an opportunity
to withdraw its proposal. A proposal so withdrawn should be treated in the same
manner as a proposal not accepted for publication and conceptual-phase consideration
as provided in section IV.A.2 below.
IV. Unsolicited Proposals
The PPEA permits the County to receive, evaluate and select for negotiations
unsolicited proposals from private entities to develop or operate a qualifying project.
From time to time the County may publicize its needs and may encourage
interested parties to submit unsolicited proposals subject to the terms and conditions of
the PPEA. When such proposals are received without issuance of an RFP, the
proposal shall be treated as an unsolicited proposal. Unsolicited proposals should be
2
submitted to the County Administrator by delivering six complete copies, together with
the required review fee. A working group may be designated by the County
Administrator to review and evaluate all unsolicited proposals.
A. Decision to Accept and Consider Unsolicited Proposal; Notice
1. The County reserves the right to reject any and all proposals at any time.
2. Upon receipt of any unsolicited proposal, or group of proposals, and
payment of the required fee by the proposer or proposers, the County
should determine whether to accept the unsolicited proposal for
publication and conceptual-phase consideration. If the County determines
not to accept the proposal, it shall return the proposal, together with all
fees and accompanying documentation, to the proposer.
3. a. If the County chooses to an unsolicited for
consideration,
it shall post a notice on the County's electronic procurement
website, and in such other public area(s) as may be regularly used for
posting of public notices, for a period of not less than 45 days. The County
shall also publish, at least once, the same notice in the Roanoke Times
and World News, a newspaper of general circulation in the County,
providing notice of pending or potential action in not less than 45 days. In
addition the notice shall also be advertised in Virginia Business
Opportunities and on the Commonwealth's electronic procurement
website. At least one copy of the proposals shall be made available for
public inspection. The County may provide for more than 45 days in
situations where the scope or complexity of the original proposal warrants
additional time for potential competitors to prepare proposals.
b. The notice shall state that the County (i) has received and accepted an
unsolicited proposal under the PPEA, (ii) intends to evaluate the proposal,
(iii) may negotiate a comprehensive agreement with the proposer based
on the proposal, and (iv) will accept for simultaneous consideration any
competing proposals that comply with the procedures adopted by the
County and the provisions of the PPEA. The notice will summarize the
proposed qualifying project or projects, and identify their proposed
locations. Copies of unsolicited proposals shall be available upon request,
subject to the provisions of FOIA and S 56-575.4 G of the PPEA.
c. Prior to posting of the notices provided for in this subsection the County
shall receive from the private partner or partners the balance due, if any,
of the required project proposal review fee.
d. In addition to the posting requirements in sub-section a., for thirty (30)
days prior to entering into a comprehensive agreement, the County shall
provide an opportunity for public comment on the proposals. This public
comment period may include a public hearing in the sole discretion of the
3
Board of Supervisors. At the end of the public comment period, no
additional posting shall be required.
B. Initial Review by the County at the Conceptual Stage (Part 1)
After reviewing the original proposal, and any competing proposals submitted
during the notice period, the County Administrator may recommend to the Board of
Supervisors:
(i) not to proceed further with any proposal,
(ii) to proceed to the detailed (Part 2) phase of review with the original
proposal,
(iii) to proceed to the detailed (Part 2) phase with a competing proposal, or
(iv) to proceed to the detailed (Part 2) phase with multiple proposals.
In the event that more than one proposal will be considered in the detailed (Part
2) phase of review, the County Administrator shall recommend to the Board of
Supervisors whether the unsuccessful private entity, or entities, shall be reimbursed, in
whole or in part, for costs incurred in the detailed phase of review. In such case
reasonable costs may be assessed to the successful proposer as part of any ensuing
comprehensive agreement.
VIII. Comprehensive Agreement
The Board of Supervisors shall approve any comprehensive agreement entered
into pursuant to the PPEA between the County and a private entity. The County shall
accept no liability for developing or operating the qualifying project prior to entering into
a properly executed comprehensive agreement. Each comprehensive agreement shall
define the rights and obligations of the responsible public entity and the selected
proposer with regard to the project.
4
The scope of the comprehensive agreement shall include but not be limited to:
1. The delivery of maintenance, performance and payment bonds or letters of
credit in connection with any acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, development or operation of
the qualifying project, in the forms and amounts satisfactory to the County;
2. The review and approval of plans and specifications for the qualifying project
by the County;
3. The rights of the County to inspect the qualifying project to ensure compliance
with the comprehensive agreement;
4. The maintenance of a policy or policies of liability insurance or self-insurance,
each in form and amount satisfactory to the County reasonably sufficient to
insure coverage of the project and the tort liability to the public and
employees and to enable the continued operation of the qualifying project;
5. The monitoring of the practices of the operator by the County to ensure
proper maintenance;
6. The terms under which the private entity will reimburse the County for
services provided;
7. The policy and procedures that will govern the rights and responsibilities of
the County and the operator in the event that the comprehensive agreement
is terminated or there is a material default by the private entity including the
conditions governing assumption of the duties and responsibilities of the
private entity by the County and the transfer or purchase of property or other
interests of the private entity by the County;
8. The terms under which the private entity will file appropriate financial
statements on a periodic basis;
9. The mechanism by which user fees, lease payments, or service payments, if
any, may be established from time to time upon agreement of the parties. Any
payments or fees shall be set at a level that is the same for persons using the
facility under like conditions and that will not materially discourage use for the
qualifying project;
a. A copy of any service contract shall be filed with the County.
b. A schedule of the current user fees or lease payments shall be made
available by the private entity to any member of the public upon request.
5
c. Classifications according to reasonable categories for assessment of user
fees may be made.
10. The terms and conditions under which the County may contribute financial
resources, if any, for the qualifying project;
11. A periodic reporting procedure that incorporates a description of the impact of
the project on the Commonwealth and the County; and
12. Such other terms as the County may find necessary and convenient, that are
agreed to by the private partner( s).
Any changes in the terms of the comprehensive agreement as may be agreed
upon by the parties from time to time shall be added to the comprehensive agreement
only by written amendment.
Parties submitting proposals understand that representations, information and
data supplied in support of, or in connection with proposals play a critical role in the
competitive evaluation process and in the ultimate selection of a proposal by the
Commonwealth. Accordingly, as part of the Comprehensive Agreement, the private
entity and its team members shall certify that all material representations, information
and data provided in support of, or in connection with, a proposal is true and correct.
Such certifications shall be made by authorized individuals who have knowledge of the
information provided in the proposal. In the event that material changes occur with
respect to any representations, information or data provided for a proposal, the
prospective operator shall immediately notify the County of same. Any violation of this
section of the Comprehensive Agreement shall give the County the right to terminate
the Agreement, withhold payment or other consideration due, and seek any other
remedy available under the law.
A copy of the Comprehensive Agreement shall be submitted to the Auditor of
Public Accounts within 30 days of its execution.
2. That this Resolution and these amendments shall be in full force and
effect from and after the date of their adoption.
6
ACTION NO.
ITEM NO.
3"-5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Request to accept and appropriate reimbursement in the
amount of $32,909.28 for time/resources as part of the
800M Hz rebanding project
SUBMITTED BY:
Elaine Carver
Director of Information Technology
Elmer C. Hodge cL !~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
Funds in the amount of $32,909.28 were received from Nextel as reimbursement to the
Information Technology Department as perthe Frequency Relocation Agreement (FRA) to
complete Wave 1 (Stage 1) of the 800M Hz rebanding project.
FISCAL IMPACT:
None
STAFF RECOMMENDATION:
Staff recommends accepting and appropriating funds from Nextel in the amount of
$32,909.28 to reimburse Information Technology Department for work on Wave 1 (Stage 1)
of the 800MHz Rebanding effort.
ACTION NO.
J-ln
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Confirmation of committee appointments
SUBMITTED BY:
Diane S. Childers, CMC
Clerk to the Board
APPROVED BY:
Elmer C. Hodge
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
1. Grievance Panel
The three-year terms of Beth Anderson and Jim Garlow, Alternate Members, will expire on
October 28, 2006. Ms. Anderson and Mr. Garlow have indicated that they are willing to
serve an additional term, and confirmation of these appointments has been added to the
consent agenda.
N ~ I
GENERAL FUND UNAPPROPRIATED BALANCE
COUNTY OF ROANOKE, VIRGINIA
Amount
% of General
Amount
Unaudited Balance at June 30, 2006
$13,261,742
8.07%
Balance at September 26, 2006
13,261,742
8.07%
Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General
Fund Unappropriated Balance for 2006-07 at a range of 8%-9% of General Fund Revenues
2006 - 2007 General Fund Revenue $164,315,790
8% of General Fund Revenues $13,145,263
9% of General Fund Revenues $14,788,421
Submitted By
Rebecca E. Owens
Director of Finance
Approved By
Elmer C. Hodge t,lf-
County Administrator
N-Q
COUNTY OF ROANOKE, VIRGINIA
CAPITAL RESERVES
Minor County Capital Reserve
(Projects not in the CIP, architectural/engineering services, and other one-time expenditures.)
Unaudited Balance at June 30, 2006
Amount
$5,834,217.50
Balance at September 26, 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 opportunities.)
Unaudited Balance at June 30, 2006
$679,628.00
2006-07 Capital Improvements Program-New County Garage
(500,000.00)
Balance at September 26, 2006
$179,628.00
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge ('f/
County Administrator
RESERVE FOR BOARD CONTINGENCY
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 30, 2006
From 2006-2007 Original Budget
July 11, 2006
Appropriation to hire County Gypsy Moth Program, Inc.
to serve as the Gypsy Moth Coordinator
July 11 , 2006
Appropriation for Legislative Liaison
Balance at September 26, 2006
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge {'If
County Administrator
N~3
Amount
$ 23,297.00
100,000.00
($10,000.00)
($18,000.00)
$ 95,297.00
FUTURE DEBT PAYMENT RESERVE
COUNTY OF ROANOKE, VIRGINIA
Unaudited Balance at June 3D, 2006
FY 2006-2007 Original budget appropriation
Less increase in debt service
Add Economic Development Dropoff
FY 2006-2007 Annual Capital Contribution
County
Schools
Balance at September 26, 2006
2,000,000
(3,079,903)
811,000
600,000
600,000
Submitted By Rebecca E. Owens
Director of Finance
Approved By Elmer C. Hodge c fI
County Administrator
N-~
$ 5,941,772
(268,903)
1,200,000
$ 6,872,869
ACTION NO.
ITEM NO. N .5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Accounts Paid-August 2006
SUBMITTED BY:
Rebecca E. Owens
Director of Finance
Elmer C. Hodge t' f/
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR"S COMMENTS:
SUMMARY OF INFORMATION:
Direct Deposit Checks Total
Payments to Vendors $ $ $ 3,492,466.19
Payroll 08/11/06 956,993.86 145,246.79 1,102,240.65
Payroll 08/25/06 906,093.52 122,297.53 1,028,391.05
Manual Checks 849.28 849.28
Voids
Grand Total $ 5,623,947.17
A detailed listing of the payments is on file with the Clerk to the Board of Supervisors.
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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 $ 780,817
01/27/05 Change Order (001) 21,065 (21,065)
01/27/05 Change Order (002) * 53,835
01/28/05 Progress Payment #1 (1,456,157)
02/24/05 Progress Payment #2 (403,222)
03/24/05 Progress Payment #3 (375,678)
05/13/05 Progress Payment #4 (855,272)
06/10/05 Progress Payment #5 (401,210)
06/20/05 Change Order (003) - Establish Guaranteed
Maximum Price (51,387) 51,387
06/28/05 Change Order (004) - Foundation change 319,034 (319,034)
07/14/05 Progress Payment #6 (378,417)
07/27/05 Progress Payment #7 (445,669)
08/10/05 Progress Payment #8 (759,513)
08/23/05 Change Order (005) - Sewer Line Replacement 124,407 (124,407)
10/05/05 Progress Payment #9 (774,442)
10/13/05 Change Order (006) - Convert Citations and
Warrants Databases no cost
10/20/05 Progress Payment #10 (664,909)
12/08/05 Progress Payment #11 (1,196,297)
Northrop-Grumman
Date Description Contract Amount Contingency
12/08/05 Change Order (007) - Minor Changes to Radio
Equipment no cost
12/08/05 Change Order (008) - Additional conduits for
redundant 911 feed no cost
12/08/05 Change Order (009) - Regrading slope from
road cut south side of Cove Road 3,737 (3,737)
12/08/05 Change Order (010) - Coordination of sewer
line with Glen Cove School water line no cost
12/28/05 Progress Payment #12 (1,130,054)
01/03/06 Change Order (011) - Refrigerated storage
for evidence storage 24,621 (24,621 )
01/20/06 Change Order (012) - Modifications to voice radio
transition plan (cost offset by E911 funds) 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)
04/18/06 Change Order (013) - Extension of 8" Fire
Service Line to rear property line no cost
04/20/06 Progress Payment #16 (1,671,792)
06/01/06 Progress Payment #17 (1,307,330)
06/15/06 Progress Payment #18 (1,902,683)
06/21/06 Change Order (014) - Modifications to IT
Carpet Squares, DAC ES Cards &
Console Upgrades 4,823 (4,823)
Date
Description
Northrop-Grumman
Contract Amount Contingency
06/21/06
Change Order (015) - Utility/Permit Allowance
for WVWA new Fire Hydrang Fee
no cost
07/20/06 Change Order (016) - Additional security features
and office space addition to Police
Evidence Storage area 31,723 (31,723)
07/20/06 Change Order (017) - Addition of EIFS material
to roof screens for improved appearance
and additional electrical boxes in Police
Polygraph area 49,085 (49,085)
07/27/06 Progress Payment #19 (1,592,012)
09/13/06 Change Order (018) - Increase in size and
structural support for Police records
section, addition of plumbing in Police
forensics section, deletion of transformer
structure and additional WAN links for
communications redundancy 8,090 (8,090)
Balance at September 26, 2006 $ 7,660,720 $ 245,619
· 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
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N-9
DECLARING OCTOBER 1 THROUGH 7, 2006, AS
MENTAL ILLNESS AWARENESS WEEK
IN THE COUNTY OF ROANOKE
WHEREAS, mental health is essential to good health and every individual, family and
community must understand that mental health is a necessary part of overall
health care and suicide prevention must be increased by reducing the
stigma of seeking care; and
WHEREAS, it is essential to eliminate disparities in mental health care by promoting
well-being for all, regardless of race, ethnicity, language, place of residence
or age and ensure equity of access, delivery of services and improvement of
outcomes, through public and private partnership to ensure culturally
competent care to all; and
WHEREAS, individuals and families must have the necessary information and the
opportunity to exercise choice over their care decisions, including
individualized plans of care, expanded supported employment, enhanced
rights protections, better criminal and juvenile justice diversion and re-entry
programs, improved access to housing, and an end to chronic
homelessness; and
WHEREAS, every individual must have the opportunity for early and appropriate mental
health screening, assessment and referral to treatment; and
WHEREAS, adults and children with mental illness must have ready access to evidence-
based best treatments, services and supports leading to recovery; and
WHEREAS, the mental health system must provide consumers, providers and the public
with quality, accessible and accountable information supporting improved
care.
NOW, THEREFORE, I, Michael A. Wray, Chairman, of the Board of Supervisors of
Roanoke County, Virginia, do hereby proclaim October 1 through 7, 2008, as
MENTAL ILLNESS AWARENESS WEEK throughout the County of Roanoke
to increase public awareness of mental illness to promote greater access to
effective treatments for those who suffer from the potentially disabling
symptoms of these disorders.
fJM;.o, J. airlM.IJJ
"Diane S. Childers, Clerk
\Yl'~ ~Q. W
Michael A. Wray, Chair~
e~odC(:~mlnlstr.tor
t{-9
DECLARING SEPTEMBER 25, 2006, AS
FAMfL Y DAY - A DAY TO EAT DINNER WITH YOUR CHILDREN
IN THE COUNTY OF ROANOKE
WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine
constitutes the greatest threats to the well-being of America's children;
and
WHEREAS, surveys conducted by The National Center on Addiction and Substance
Abuse at Columbia University have found that children and teenagers
who routinely eat dinner with their families are less likely to use illegal
drugs, alcohol, and cigarettes; and
WHEREAS, these surveys found that teenagers who rarely eat dinner with their
families are 72 percent more likely than the average teenager to use
illegal drugs, alcohol, and cigarettes; and
WHEREAS, teenagers who almost always eat dinner with their families are 31
percent less likely than the average teenager to use illegal drugs,
alcohol, and cigarettes; and
WHEREAS, the correlation between family dinners and reduced risk for teen
substance abuse are well documented, and parental influence is known
as one of the most crucial factors in determining the likelihood of
substance abuse by teenagers; and
WHEREAS, Family Day, which was established in 2001 by the National Center on
Addiction and Substance Abuse at Columbia University and is
celebrated on the fourth Monday of September, emphasizes the
importance of regular family activities in parent-child communication
and encourages Americans to make family dinners a regular feature of
their lives.
NOW THEREFORE, I, Michael A. Wray, Chairman of the Board of Supervisors of
Roanoke County, Virginia, do hereby proclaim and recognize September
25, 2006, as FAMILY DAY - A DAY TO EAT DINNER WITH YOUR
CHILDREN in the County of Roanoke; and
FURTHER, urge all citizens to observe Family Day by making family dinners a
regular part of their children's lives.
fJJ~JO ,J. fJIrb.f})
Diane S. Childers, Clerk
~~Q. W~
Michael A. Wray, Chairman
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:
September 26, 2006
AGENDA ITEM:
Work session to present initial findings with respect to the
Parks, Recreation and Tourism Master Plan
SUBMITTED BY:
Pete Haislip
Director of Parks, Recreation and Tourism
APPROVED BY:
Elmer C. Hodge cC!!
County Administrator
COUNTY ADMINISTRATOR'S COMMENTS:
SUMMARY OF INFORMATION:
This work session is the first of two which been scheduled to receive recommendations for
the priorjty projects identified in the draft of the Parks, Recreation and Tourism Master
Plan. Leon Younger, PROS Consulting, will present the key findings to the Board. Mr.
Younger will review the top recommendations which include the following: a multi-
generational indoor recreation center, greenways and trails, land acquisition for passive
recreation areas, and a sports complex. These priorities were identified through
information obtained at seven community meetings, 10 focus groups, stakeholder
interviews, and a comprehensive County-wide community attitude and interest survey.
The following recommendations will be discussed at the work session:
Multi-qenerational indoor recreation center: proposed location, size of the building, square
footage of major program components, pricing, yearly operating costs, and cost of
construction.
Greenwavs and trails: strategies for expansion of greenways and trails throughout
Roanoke County and as part of the regional greenway system.
Land acquisition: identify current deficits in land for passive recreation areas based on
existing inventory and proposed standards, as well as identify priority locations for
acquisition opportunities.
Sports complex: feasibility study results regarding need, location, and potential costs and
revenues.
q
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
ON TUESDAY, SEPTEMBER 26,2006
RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN
CONFORMITY WITH THE CODE OF VIRGINIA
WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a
closed meeting on this date pursuant to an affirmative recorded vote and in accordance
with the provisions of The Virginia Freedom of Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the
Board of Supervisors of Roanoke County, Virginia, that such closed meeting was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke
County, Virginia, hereby certifies that, to the best of each members knowledge:
1. Only public business matters lawfully exempted from open meeting requirements
by Virginia Jaw 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.
..
5-1
PETITIONER:
CASE NUMBER:
Wayne Fralin
22-9/2006
Planning Commission Hearing Date: November 7,2006 (continued from
September 5, 2006)
Board of Supervisors Hearing Date: November 14,2006 (continued from
September 26, 2006)
A. REQUEST
The petition of Wayne Fralin to obtain a Special Use Permit for the construction
of a mini-warehouse facility on 14.559 acres, located at 5627 Williamson Road
and Florist Road, Hollins Magisterial District.
B. CITIZEN COMMENTS
No citizens spoke in favor of or against the petition at the public hearing.
Citizen comments were made at a community meeting held on August 29,2006,
concerning moving the building backing to Florist Road forward into the complex
to retain additional trees and to increase the buffer along Florist Road, and
concerning the configuration of the vehicle storage parking spaces for large
vehicles with limited turning radii.
C. SUMMARY OF COMMISSION DISCUSSION
The Planning Commission motioned to postpone the application until the October
3rd meeting to give the applicant an opportunity to resolve two issues and to
show how the issues were addressed on the Preliminary Site Plan:
1. Increase the setback along Florist Road to a minimum of 45 feet which would
move the building backing to Florist Road into the site 10 feet and would
increase the buffer between the building and Florist Road; and
2. Determine the most effective means of buffering the residences along BonhilJ
Drive from the outdoor storage area by either:
a. Complying with Condition 2; or
b. Moving the building backing to the Bonhill Drive residences into the site 10
feet and planting a double row of dense evergreen trees (such as Leyland
Cypress) in the new 10-foot-wide space created behind the building.
The Planning Commission also requested a detail of the proposed sign and other
outstanding information requested by staff.
1
D. CONDITIONS
1. The site shall be developed in substantial conformance with the Preliminary
Site Plan for Wayne Fralin, Safe Place Storage Units, dated August 30, 2006;
and
2. Additional evergreen screening, such as Leyland Cypress, shall be planted on
the interior of the complex along the edge of the vehicle storage area closest
to the Bonhill Drive residences in order to screen stored vehicles from the
residences.
E. COMMISSION ACTION
Mr. Jarrell made the motion to continue the petition until October 3, 2006 PCPH.
Motion carried 5-0. The applicant has requested that the petition be
continued until November 7,2006.
F. DISSENTING PERSPECTIVE
G.
ATTACHMENTS:
_ Concept Plan _ Vicinity Map
_ Staff Report Other
Philip Thompson, Secretary
Roanoke County Planning Commission
2
Sap ~9 06 ~O:55a
Wayne Fralin
540.777-1753
p2
Wayne Fralin
5627 Williamson Road
Roanoke, VA 240]2
Phillip Thompson,
Planning Conunission Secretary
Roanoke County, Virginia
September 19, 2006
!vir. Thompson,
I am requesting a postponement of the storage facility application by the Roanoke CO\Ulty
Planning Commission until it's meeting on November 7,2006.
Thank you,
I!l~~
Wayn<rFralin, Applicant
A Safe Place Self Storage
Petitioner: Wayne Fralin, Owner! Applicant
408 Wendover Road
Daleville, Virginia 24083
Request: Special Use Permit for a Mini-Warehouse Facility in the C-2 General
Commercial District
Location: 5627 Williamson Road and Florist Road
Magisterial District: Hollins
Suggested Conditions: I) The site shall be developed in substantial conformance with the
Preliminary Site Plan for Wayne Fralin, Safe Place Storage Units, dated
August 30, 2006; and
2) Additional evergreen screening, such as Leyland Cypress, shall be
planted on the interior of the complex along the edge ofthe vehicle
storage area closest to the Bonhill Drive residences in order to screen
stored vehicles from the residences.
EXECUTIVE SUMMARY:
A mini-warehouse (self-storage) facility is proposed to span five parcels zoned C-2 General Commercial
District. Six storage buildings and an office building are planned for the site with vehicle storage located
between the buildings.
The Roanoke County Community Plan Future Land Use Map designates the subject property as "Core".
As a commercial property on a major road (Williamson Road, Route 11), the proposal meets the "Core"
definition. Staff concludes that the proposal is in conformance with the Corrununity Plan.
The application meets the requirements of the Zoning Ordinance. Staff endorses a favorable
recommendation to the Board of Supervisors, with suggested conditions.
1. APPLICABLE REGULATIONS
The subject parcels are zoned C-2 General Commercial District. The requested commercial mini-
warehouse use is permitted with a SpeciaJ Use Permit in the C-2 district (Section 30-54-2(B)(2)).
Additional standards apply for mini-warehouses (Section 30-85-19).
2. ANAL YSIS OF EXISTING CONDITIONS
Background
Five parcels measuring 14.559 acres comprise the subject site. Two small parcels front on
Williamson Road, two larger parcels front on Florist Road and the remaining large parcel has
access from Hazelridge Road. All of the parcels are vacant except for one which is partially
developed by three corrunercial structures. Rough gravel roads remain from when portions of the
site were used as a trailer park.
TopographyN egetation
The site has a rolling topography with some low points. At least 50 percent of the property is
wooded, with significant vegetation aJong Florist Road. The perimeter ofthe site is wooded
except for along the property line adjacent to the Roanoke Mental Hygiene Service and along the
1
rear of the adjacent residential properties on Bonhill Road.
Surrounding Neighborhood
The site is bordered by mostly single-family detached residences and a few commercial
properties across Florist Road to the northeast, the City boundary and single-family detached
homes fronting on Bonhill Road and Florist Road to the southeast, the Roanoke Mental Hygiene
Service to the south, commercial businesses fronting Williamson Road to the west and vacant
commercial parcels and Affordable Efficiency Inns to the north.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout - The applicant proposes six storage buildings on the site with large, striped parking
spaces in the center of the site for outdoor storage of boats, recreational vehicles and other
vehicles. Four of the buildings will be grouped together on the west side ofthe site, near the
commercial properties along Williamson Road. These buildings will have 226 units and will be
configured with exterior doors for drive-up loading and unloading. The remaining two buildings
will be air conditioned and will back to Florist Road and to the residences along Bonhill Road. A
total of228 air conditioned storage units will be provided with either exterior access or interior
access through a hallway. The six buildings will measure 65,200 square feet and will contain 454
storage units ranging in size from five feet by five feet to 10 feet by 30 feet. A six-foot-tall brick
pier and iron security fence will surround and COIll1ect to the buildings to create a secure complex.
Two keypad-access entrance gates, one for the Williamson Road entrance and one for the Florist
Road entrance, will be located adjacent to the proposed office building. A dumpster pad and
enclosure are proposed for the southeast comer of the site.
Architecture - The storage buildings will measure eight feet six inches tall at the front and nine
feet four inches tall at the back of the structures. Wall pack lights will be located above the
storage unit doors. The color palette proposed is neutral with a sandstone color for the structure
and a dark green color for the doors.
Landscaping - A 30-foot-wide "Screen e" buffer is planned between the storage building and the
property line adjacent to the residences. From the property line, a double row of shrubs will be
planted backed by deciduous trees and a six-foot-tall masonry and wrought-iron screening fence.
A 10-foot-wide buffer of evergreen trees and evergreen shrubs is proposed against the Roanoke
Mental Hygiene Service property. Deciduous trees will also be planted outside the IO-foot-wide
buffer on the subject property.
The buffer along Florist Road will measure 35 feet and will include retained existing vegetation
supplemented with new deciduous trees.
Other stands of trees will also be retained on the northern end of the site, and deciduous trees are
proposed to fill in the gaps between the security fence and the property boundary. The proposed
retention basin at the northeast comer of the site near the Florist Road entrance will also be
surrounded by a double row of shrubs.
Access/Traffic Circulation - The mini-warehouses can be accessed by either Williamson Road or
by Florist Road. Right turn tapers and turn lanes are planned for both entrances. Cut-through
traffic from both roads will be discouraged with curbing and landscaping crossing the driveway
to direct drivers to the facility gates. Utilizing the ITE Trip Generation Manual to estimate mini-
warehouse trip generation rates, staff estimates the facility will generate the following vehicle
2
trips based upon the building square footage:
Weekday Trips - 163 vehicle trips
Weekday Morning Peak Hour (between 7 and 9 a.m.) - 10 vehicle trips
Weekday Evening Peak Hour (between 4 and 6 p.m.) - 17 vehicle trips
Fire & RescuelUtilities - The site can be accessed by Fire and Rescue. Utilities are available to
serve the property. The project should minimally impact these services.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The Future Land Use Map identifies the subject parcels as Core, where "high intensity urban
development is encouraged... Core areas may also be appropriate for larger-scale highway-
oriented retail uses and regionally-based shopping facilities." The proposal is a larger-scale
commercial project, encompassing over 14 acres, in comparison to most of the other commercial
properties in the area that are situated on lots measuring about one acre or less. A mini-
warehouse is also well-suited to be located in close proximity to a highway or major road, such as
Williamson Road (Route 11). Staff concludes that the proposal is in conformance with the
Roanoke County Community Plan.
5. ST AFF CONCLUSIONS
A community meeting was held on August 29, 2006 at the Hollins Fire Station. The attendees
asked questions and made comments pertaining to:
. Configuration of the vehicle storage parking spaces for large vehicles with limited turning
radii; and
. Moving the building backing to Florist Road forward into the complex to retain additional
trees and to increase the buffer along Florist Road.
The proposed application conforms with the Zoning Ordinance and the Community Plan. Staff is
concerned, however, about the view of the storage facility from the BonhilI Drive residences.
The homes sit high enough above the subject site that, until the proposed deciduous trees mature,
residents should be able to see over the proposed buffer, screening fence and storage building to
view the outdoor vehicle storage area. Staff recommends that additional evergreen screening,
such as Leyland Cypress, be planted on the interior of the complex along the edge of the vehicle
storage area closest to the Bonhill Drive residences in order to screen stored vehicles from the
residences.
CASE NUMBER:
PREPARED BY:
HEARING DATES:
ATT ACHMENTS:
22-9/2006
Megan G. Cronise
PC: September 5, 2006 BOS: September 26,2006
Zoning Map
Future Land Use Map
Application
C.2 General Conunercial District Regulations
Mini- Warehouse Use and Design Standards
3
t>2-0(Q()t ~31
County of Roanoke
Community Development
Planning & Zoning
For Staff Use Onl
Date receivei\:
,1'2\ 1 D4>
keceived by:
nw
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
Applica,tion fee:
# 4-0
PC~ date:
Placards issued:
ALLAPPUCANTS
Check type of application filed (check all that apply)
o Rezoning )(Special Use 0 Variance 0 Waiver 0 Administrative Appeal
Applicants name/address wlzip
./ Wayne Fralin
4'08 Wendover Road
Daleville VA. 24083
Phone:
Work:
Cell #:
Fax No.:
777-1750 -
[J Comp Plan (15.2-2232) Review c; tJ lA c;r :
~J^- LVd ~L
-01.015
U^ VJ I r:::c
777-1753
Owner's name/address whip
Wayne Fralin
408 Wendover'Road
Phone #: 7}7-1750
Work:
Fax No. #: 777 17S1
Property Location
Magisterial District: Hollins
I r,clV
Community Planning area:
Existing Zoning:
C-2
Existing Land Use:
Vacant
11EZONING;SPEClAL uSEiERitri;:WAiJl'pR AjVIifjJziipf..AN (15_i~;'32)!l!1VmJfA!Prit:AJVTS (RIS/W/Cp)
Proposed Zoning: C-2
Proposed Land Use: Self Storage
~s the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
Yes No IF NO, A VARIANCE IS REQUIRED FIRST.
oes the parcel meet the minimum criteria for the requested Use Type?@ No
IF NO, A VARIANCE IS REQUIRED FIRST
lfrezoning request, are conditions being proffered with this request? Yes No
_..~~~2JJi~~~@~~1jifE.4f}E.fi-'f;rlpgiWr;~Ar'4A;
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 tbe 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 INCOMPLETE.
R1SfWICP V/AA R1S/W/CP V/AA RJSIWICP V/AA
~ Consultation Kii 8 1/2" x lI"conceptplan ~ Application fee
--- Application J Metes and bounds description Proffers, if applicable
'\/" Justification v- Water and sewer application ,/ Adjoining property owners
I hereby certify that I am either the owner of the property or the o~er' agent or contract purchaser and am acting with the knowledge and consent
ofthe owner. / V --J.~/. r
. r 7r~""'" Owner's Signature
2
'JUs'liFICA'fioN F()RREWNlNG;SPl!;~IAilJ~~i~,~WNVE~OR~(J:M~rLAN(15:l-2232) ~ViEw'
" '~QuE$TS' ' . .,
Applicant
Dr. Wayne Fralin
The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to
detennine the need and justification for the change in 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 mini-warehouse will be located in an area adjacent to Williamson Road,
Arterial STreet System, and Florist Road. The facility will be screened
fran surrounding neight:orhocds by the required buffer zone and landscaping.
The project will be low profile, clean with very little noise.
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
The property is designated Core by the 2005 Future Land Use Map. This project
fits within the land use detenninations of the Core designation: Areas of
existing and future cornnercial uses, serviced by an Arterial Street System
and in close proximity to populated areas.
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 selVices and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue.
The property will be utilized for the storage of personal property, boats,
trailers and recreational vehicles. Since there will not be permanent
housing on sjte, there will be minimal impact on puhlic utilities, roads,
schools and parks/recreational facilities. The proposed structures will
be constructed of metal and concrete and therefore, should not have any negative
impact on fire/rescue ser"ices.
3
Community Development
Planning & Zoning Division
NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER,
PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional
information is presented at the public hearing. If it is the opinion of the majority of the
Planning Commissioners present at the scheduled public hearing that sufficient time was not
available for planning staff and/or an outside referral agency to adequately evaluate and
provide written comments and suggestions on the new or additional information prior to the
scheduled public hearing then the Planning Commission may vote to continue the petition.
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the new or additional information and provide written comments and suggestions to be
included in a written memorandum by planning staff to the Planning Commission. The
Planning Commission shall consult with planning staff to detennine if a continuance may be
warranted.
POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County
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 oj 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
I4J;k ;:;;?t~
me of Petition
/i/.
(;/J
Peti ner')l Signature
7/J/jrO .
Date
1...CO~9~;T~~SlIt(;f{I.I,ST
A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the
land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or
design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future
use and development ofthe property and by so doing, correct any deficiencies that may not be manageable by County 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 pennit or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations.
A concept plan is required 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 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
following are considered minimum:
ALL APPLICANTS
...... a. Applicant name and name of development
.,./ b. Date, scale and north arrow
JJ!A c.
V"'" d.
7
e.
~f.
~ All property lines and easements
h.
Additional infonnation required for REZONING and SPECIAL USE PERMIT APPLICANTS
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Lot size in acres or square feet and dimensions
Location, names of owners and Roanoke County tax map numbers of adjoining properties
Physical features such as ground cover, natural watercourses, floodplain, etc.
The zoning and land use of all adjacent properties
All 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
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 Wld how they are addressed
If project is to be phased, please show phase schedule
I certifY that all items required in the checklist above are complete.
t2Jo .
Signa'"" of apPli"n~J~
;/N!!t,
Date
6
Western Virginia Water Authority
Water/Sewer Availability Application
Date: o7/U3!ZCOro
Applicant: -N,t\'<'NlS' ~ N
Mailing Address: MPJ v~~OD\jr\Z RoN/>
L.t=;'". '8=?
Phone: -'-'1- \,1:70
Cell:
Fax: "1- \i17:?
Property Address: t?0'21 V,hLLi/).I'A~}J RtW
City or County: ROANoKe.
Tax Map Number(s): ()'?8. ID -0-' ~ ?.7. 00- (){X;()
Development (Subdivision) Name: L7/::Pe P~:e- ~
Single Residential. Duplex. Multi-Residential. Subdivision. or
Commercial Facility? c:.()t-J\~IP-L-
Water Meter Size Requested:
Sewer Lateral Size Requested:
COMPLETE THE FOLLOWING FOR
NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES
Domestic Flow Required? ...... GPM
...... (Attach completed "Sizing Water Service Lines and Meters" Form AND "Non-Residential Sanitary Sewer
Checklist", blank forms available on website under "Engineers" section)
Is Building to be Sprinkled? YES I NO
Minimum Fire Flow Required?
GPM
Return to: Jamie Morris, Engineering Coordinator, Phone: 540-853-1588
Via Mail- 601 South Jefferson Street, Suite 300 Roanoke, VA 24011
Fax: 540-853-1017
E-mail: Jamie.morris@westernvawater.ora
Website: westernvawater.org
Rev. 1/06/06
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AR,TICLE HI. DISTRICT REGULATIONS
Page 1 of 4
SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT.
Sec. 30-54-1. Purpose.
(A) The purpose of this district is to provide locations for a variety of commercial and service
related activities within the urban service area serving a community of several neighborhoods or
large areas of the county. This district is intended for general application throughout the county.
General Commercial Districts are most appropriately found along major arterial thoroughfares
which serve large segments of the county's population.
The C-2 district permits a wide variety of retail and service related uses. Land uses permitted in
this district are generally consistent with the recommendations set forth in the Transition and
Core land use categories of the Comprehensive Development Plan. Site development
regulations are designed to ensure compatibility with adjoining land uses.
Sec. 30-54-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent
standards are listed in Article IV, Use and Design Standards, for those specific uses.
1. Residentia/ Uses
Accessory Apartment -
Home Beauty/Barber Salon ·
Home Occupation, Type I *
Multi-Family Dwelling ·
Two-Family Dwelling ·
2. Civic Uses
Administrative Services
Clubs
Cultural Services
Day Care Center ·
Educational Facilities, College/University
Educational Facilities, Primary/Secondary.
Family Day Care Home -
Guidance Services
Park and Ride Facility ·
Post Office
Public Assembly
Public Parks and Recreational Areas ·
Safety Services -
ARTICLE III. DISTRICT REGULATIONS
Page 2 of 4
Utility Services, Minor
3. Office Uses
Financial Institutions *
General Office
Medical Office
Laboratories
4. Commercial Uses
Agricultural Services *
Antique Shops
Automobile Dealership, New *
Automobile Repair Services, Minor *
Automobile Rental/Leasing
Automobile Parts/Supply, Retail -
Bed and Breakfast *
Boarding House
Business Support Services
Business or Trade Schools
Commercial Indoor Entertainment
Commercial Indoor Sports and Recreation
Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Communications Services
Construction Sales and Services *
Consumer Repair Services
Funeral Services
Garden Center *
Gasoline Station ·
Hospital
Hotel/Motel/Motor Lodge
Kennel, Commercial ·
Pawn Shop
Personal Improvement Services
Personal Services
Restaurant, General
Restaurant, Family
to( ...............,...., /1'" ,r-n/1,.......
ARTICLE III. DISTRICT REGULATIONS
Page 3 of 4
Retail Sales
Studio, Fine Arts
Veterinary HospitallClinic
5. Industrial Uses
Recycling Centers and Statlons -
6. Miscellaneous Uses
Amateur Radio Tower -
Parking Facility -
(8) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use
and Design Standards, for those specific uses.
1. Civic Uses
Adult Care Residences
Halfway House
Ufe Care Facility
Nursing Home
Religious Assembly
Utility Services, Major -
2. Commercial Uses
Automobile Dealership, Used -
Automobile Repair Services, Major -
Car Wash -
Commercial Indoor Amusement
Convenience Store ·
Dance Hall
Equipment Sales and Rental -
Manufactured Home Sales -
Mini-warehouse -
Outpatient Mental Health and Substance Abuse Center
Recreational Vehicle Sales and Service *
Restaurant, Drive-in and Fast Food ·
Surplus Sales
Truck Stop -
3. Industrial Uses
Custom Manufacturing ·
Landfill, Rubble -
ARTICLE III. DISTRICT REGULA nONS
Page 40f4
Transportation Terminal
4. Miscellaneous Uses
Broadcasting Tower *
Outdoor Gatherings *
(Ord. No. 82493-8, 9 2, 8-24-93; Ord. No. 022796-14, 9 1, 2-27-96; 042297-14, 9 1,4-22-97; Ord. No.
042799-11,92,4-27-99; Ord. No. 102803-15,92,10-28-03)
ARTICLE IV. USE AND DESIGN STANDARDS
Page 1 of 1
Sec. 30-85-19. Mini-warehouse.
(A) General standards:
1. The minimum lot size shall be two (2) acres.
2. The minimum front yard setback shall be thirty-five (35) feet.
3. No security fencing, security gate or other obstruction to vehicle access shall be
permitted in the required front yard setback or in any buffer yard required pursuant to
Section 30-92.
4. All interior driveways shall be at least twenty-six (26) feet wide when cubicles open
onto one side only and at least thirty (30) feet wide when cubicles open onto both sides
to accommodate loading and unloading at individual cubicles. Adequate turning radiuses
shall be provided, where appropriate, for a thirty-foot long single unit truck or moving
van. Materials and design shall otherwise conform to the standards contained inpublic
Street and Parking Design Standards Manual.
5. No door openings for any cubicle shall be constructed facing any residentially zoned
property.
6. The following uses shall be prohibited:
a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous
or garage sales.
b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn
mowers, appliances or other similar equipment.
c. The operation of power tools, spray-painting equipment, table saws, lathes,
compressors, welding equipment, kilns, or other similar equipment.
d. The establishment of a transfer and storage business.
e. The storage of flammable, highly combustible, explosive or hazardous
materials shall be prohibited.
7. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and
recreational vehicles only. All outdoor storage areas shall be screened from adjoining
properties by a ten-foot landscaped area consisting of small evergreen trees and
evergreen shrubs in accordance with Section 30-92.
8. Accommodations for a live-in manager shall be permitted.
Tax
Name: Fralin
C2
C2
Number: 038.10-07-25. 39
District: Hollins Area: 14,76 Acres
l;
July 24, 2006 Scale: 1" 300'
~
Name: Fralin
C2
C2
Number: 038.
District: Hollins
Tax
39
Area: 14.76 Acres
July 24, 2006 Scale: 1" 200'
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PETITIONER: Qwiz Construction and Investments, LLC
CASE NUMBER: 23-9/2006
Planning Commission Hearing Date: September 5,2006
Board of Supervisors Hearing Date: September 26, 2006
A. REQUEST
The petition of Qwiz Construction and Investments, LLC to rezone 8.829 acres
from R-1, Low Density Residential District, to PRD, Planned Residential
Development District, at 5815 Bent Mountain Road in the Windsor Hills Magisterial
District in order to construct a 10-home residential community called Summer Hill.
B. CITIZEN COMMENTS
Several citizens spoke in opposition to the project citing ridge-top development,
increased traffic, viewsheds, infrastructure, and slope development as concerns.
C. SUMMARY OF COMMISSION DISCUSSION
Mr. Joshua Gibson presented the staff report. The petitioner spoke on his own
behalf and addressed questions from the Commission. Members of the planning
commission asked questions of the petitioner and staff concerning roads, slopes,
entrances, fire response, and proposed VDOT projects near the site.
Commissioners cited concerns such as slopes, open space value, and traffic
issues.
D. CONDITIONS
None
E. COMMISSION ACTION(S)
Mr. Thomason made a motion to recommend denial of the rezoning request.
Motion passed 5-0.
F. DISSENTING PERSPECTIVE
None
G. ATTACHMENTS:
_ Concept Plan _ Vicinity Map
_ Staff Report Other
Philip Thompson, Secretary
Roanoke County Planning Commission
Petitioner:
Qwiz Construction and Investments, LLC
Request:
Rezone 8.829 acres from R-l, Low Density Residential District, to PRD, Planned
Residential Development District
5815 Bent Mountain Road
Location:
Magisterial District:
Proffered Conditions:
Windsor Hills
Attached PRD rezoning petition materials
EXECUTIVE SUMMARY:
Qwiz Construction and Investments, LLC has submitted an application to rezone 8.829 acres from R-l,
Low Density Residential District, to PRD, Planned Residential Development District, at 5815 Bent
Mountain Road in the Windsor Hills Magisterial District in order to construct a 10-home residential
community called Surruner Hill. Some of the challenges to development include steep slopes and an
existing roadway with excessive grades. The master plan shows that this driveway will be upgraded
during development to a 20-foot wide private road with a maximum allowable grade of 19%. Proposed
open space exceeds the PRD minimum requirements but does not meet the minimum guidelines detailed
in the 2005 Community Plan. The proposal does conform to many objectives of the Community Plan,
including a reduction in driveways fronting on public roads, an attempt to conserve natural resources and
provide recreation, and clustering homes and utilizing buffers for the benefit of community residents and
neighbors. However, issues arising from topography and the proposed private road dimensions may
present challenges during and after development.
1. APPLICABLE REGULATIONS
Per Section 30-47-5 (B) of the zoning ordinance, any application to rezone land to the PRD
designation shall 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. (PRD District Regulations attached)
Current zoning is R-l Low Density Residential District. (R-l District Regulations attached)
Virginia Department of Transportation (YDOT) commercial entrance permit will be required for
the proposed development.
Virginia Department of Health approval is required for all private septic system pennits.
Roanoke County site development review will be required.
2. ANAL YSIS OF EXISTING CONDITIONS
Background -
The petitioner wishes to have property at 5815 Bent MOtUltain Road in the Windsor Hills
Magisterial District rezoned from R-1 to PRD. The purpose of this rezoning request is to
construct a planned residential community called Summer Hill. The total size of the parcel is
8.829 acres, and one single-family home currently exists on the property. This home will be
included as a part of the planned development.
1
Topography I Vegetation I Natural Features -
The area to be rezoned varies in elevation from around 1220 feet above sea level to 1340 feet.
The topography consists of a small area of relatively level terrain that adjoins similar land on
neighboring property. This comparatively level region slopes down to adjacent roadways (Bent
Mountain Road and Ran Lynn Drive). These slopes appear to vary between 0% and more than
50% on the property. The majority of the property is wooded. Trees consist of a pine and
hardwood mix. One stream borders the northern and eastern boundaries of the property.
Surrounding Neighborhood -
Properties immediately to the north, east and west of the property are zoned R-I Low Density
Residential. Properties to the south are zoned AR, Agricultural Residential, and R-I, Low
Density Residential (Zoning Map attached). Many of these tracts contain single-family homes.
The vegetation on surrounding property is similar to that on the applicant's property.
According to the 2005 Roanoke County Community Plan, the properties surrounding the
proposed Summer Hill subdivision are designated Neighborhood Conservation, Rural Village,
and Development (Future Land Use Map attached). Neighborhood Conservation areas contain
established single-family neighborhoods where the conservation of existing development patterns
is encouraged. Rural Village land use areas have historically experienced limited development
activity and suburban and urban development is discouraged in these areas. Most new
neighborhood development in the County will occur in the areas designated as Development on
the Future Land Use Map.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Lavout! Architecture -
The master plan for the proposed Summer Hill plarmed residential community shows a
development totaling 8.829 acres accessible by a private road (Summer Hill Master Plan
attached). Ten single-family homes are shown situated around the existing driveway, which will
be upgraded during development. Lots are generally located on hillsides, and the existing home
is slated to remain intact on a separate parcel near the highest point of the property. Minimum
proposed lot size is 0.35 acre (15,246 square feet). Minimum lot size in the property's current R-
1 zoning (with public water access and private septic) is 0.46 acre (20,000 square feet), although
no public water is currently provided on the property. In part, the developer wishes to use the
PRD designation to reduce by-right lot sizes so that more homes can be constructed than allowed
by right and more open space can be preserved. The position of the homes should also allow for
an open space buffer from the adjacent public streets. Taking into account the total size of the
development and the number oflots, the density of the proposed development is 1.13 units per
acre or an average density of one house per 0.88 acre. PRD zoning district regulations allow
proffering up to 5 dwelling units per acre. The developer proposes a minimum frontage of 50
feet along the development's private road. The maximum area allowed for clearing trees for a
home site is 10,000 square feet, exclusive of drainfields.
Open Space -
According to the County Zoning Ordinance, the PRD zoning district requires at least 15% of the
gross area of the project to be designated common open space and/or recreational area. A
minimum of 25% of this site has been proffered for preservation through dedicated open space.
An additional minimwn of 10% of the property will be preserved through
2
"conservation/recreation easements on individual lots". No roads or residences will be allowed
within the proposed open space. Site amenities to be allowed in open space include pedestrian
trails, playgrounds, picnic areas, and gazebos. The main conservation areas will include "the
stream at the north comer of the property, the steepest slopes, and other environmentally sensitive
areas," according to the petitioner (Summer Hill Master Plan attacehd). All floodplain areas
on the property will also be preserved as open space to mitigate risks from future flood events.
In the Roanoke County Zoning Ordinance PRD site development regulations, Sec. 30-47-3-(A)
states that "common open space shall be of an appropriate nature and location to serve the
residents of the district." It further requires that the minimum horizontal dimension for open
space is 50 feet, except where such areas contain facilities allowed for use as open space. Any
open space areas counting toward the final percentage must be 5,000 contiguous square feet and
cannot include road right-of-ways or driveways. All commonly-held open space must itselfbe
50-feet in width; these widths cannot be counted in combination with open space on private lots.
The open space proposed for the Summer Hill subdivision does not appear to give residents of the
PRD substantial recreational opportunity due to the steep nature of the terrain. Although the open
space in the master plan appears to utilize some of the steepest slopes as a means of preserving
areas upon which development would be more difficult, recreational opportunities may be limited
as a result (Summer Hill Existing Slope Map attached). However, the open space appears to
provide some value to residents as a buffer. Its location should buffer residents in the
development from traffic on Ran Lynn Drive and Bent Mountain Road, and should provide some
screening of the homes inside the development from the views of surroW1ding landowners. It
should also help to mitigate some of the effects of stormwater runoff from the development.
Access/Traffic Circulation -
The petitioner has proposed a single privately-maintained road within the development,
accessible from Bent Mountain Road. The private road will be maintained by the Summer Hill
PRD homeowners association. At a minimum, the road will be paved and 20 feet wide with 3-
foot shoulders. The road will follow the path of the existing driveway and will be upgraded from
its existing condition (approximately 10 feet wide). These proposals are adequate to handle the
traffic projections for the proposed subdivision. Driveways to individual lots will connect to this
private road as a shared access and minimizing the need for additional access points onto Bent
Mountain Road.
According to County staff, an increase in the proposed turning radius on horizontal curves is
desired. However, it is noted and the petitioner has maintained that decreasing the turning radius
will impact proposed open space and necessitate additional clearing. A "T" type turnaround is
planned for the turnaround at the end of the private road. Although conunents from Fire and
Rescue indicate that 20-foot widths on all portions of the "T" turnaround should be sufficient,
more detailed plans should be reviewed and approved by the Fire and Rescue Department prior to
construction.
The application states that maximum road grades are not to exceed 16% with grades of up to 19%
allowed provided any grades above 16% not exceed 400-feet in length. Staffhas suggested a
reduction in road grades in order to better accommodate County services; but it is noted that a
reduction in grade creates a need for more clearing and thus alters or reduces available open
space.
The applicant proposes that trash pickup will be on or adjacent to Bent Mountain Road. The
3
applicant should be able to show this location and General Services should approve of the
location.
It is the opinion of staff that language similar to that required for cluster subdivisions is also
appropriate for this development. 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 solid waste collection on private streets.
The applicant shall have the responsibility for addressing the collection of solid waste on private
streets. A representative of the Roanoke County Department of General Services shall 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 school bus service.
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.
The Virginia Department of Transportation has expressed concerns about rezoning the property
to allow additional development. Future VDOT Six-Year Plan improvements on and around
Bent Mountain Road show a realignment of Ran Lynn Drive with Cotton Hill Road that would
require VDOT to secure right-of-way on a portion of the subject property. VDOT has suggested
that the right-of-way be incorporated into the PRD design. The County has reviewed the
rezoning application with consideration given to current land use conditions only since the
planned realignment is considered a proposed but not imminent improvement.
Fire & RescuelUtilities -
Fire and rescue services are to be provided by the Cave Spring Fire Station. The Fire and Rescue
Department has concerns about access from Bent Mountain Road and wants the developer to
ensure a right turn may be made into the development. The "T" turnaround proposed by the
developer appears to be sufficient for fire apparatus provided a1l20-foot road widths also apply to
the turnaround, but more detailed plans will be reviewed by Fire and Rescue Department during
site plan review.
Water is available at the site and can be provided for the development, according to the Western
Virginia Water Authority. Sewer will be provided by private septic systems. All private well and
septic systems must be approved by the Virginia Department of Health.
Community Meeting -
A community meeting was held at the Roanoke County Administration Center on Monday,
August 21 st, at 7:00 pm. Approximately 25-30 people attended including community residents,
County staff, and petitioners. County staff answered questions about the PRD zoning district and
the public hearing and rezoning process. Mr. Jacob Quesinberry of Qwiz Construction and
Investments, LLC presented details of the proposed development and answered questions from
those in attendance. Some ofthe concerns voiced by those in attendance included increased
traffic as a result of the development, hazards presented by additional traffic turning onto Bent
Mountain Road, viewshed protection, slope development and stability, and the suitability of
development despite possible VDOT projects in the area.
4
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
The property proposed for rezoning is designated Rural Village in the 2005 Comprehensive Plan.
In the areas of the County designated as Rural Village, design strategies should allow land to
remain available for productive agricultural activities and open space. Rural view and vista
preservation is also a major objective. The proposed rezoning is consistent with several of the
objectives from the 2005 Community Plan, but many discrepancies with the Community Plan
also exist.
This proposal meets and exceeds minimum requirements for open space from the PRD zoning
district, but the proposed concept plan does not meet the preferred quantity for open space stated
in the Community Plan guidelines for Rural Village. Chapter 3 of the 2005 Community Plan
(Land Use Issues) encourages cluster developments that set aside more than 50% of the
development for open space. An increase in the proffered amount of open space would bring the
project into better compliance with the Community Plan.
The post-development density is less than that which is allowed by right (assuming future
provisions for public water) in the current R-1 zoning district, but it slightly exceeds the rural
housing land use guidelines from the 2005 Community Plan (the Community Plan states one unit
per acre, and density for this proj ect is about 1.13 units per acre).
The proposed PRD takes into account Community Plan guidelines that state Rural Village
subdivisions should be set back away from roadway view. It also reduces the number of
driveways fronting onto public roads by utilizing a private road within the development. This is a
significant advantage over developing the property with several driveway entrances onto Bent
Mountain Road and Ran Lyrm Drive.
The 2005 Community Plan has listed "rural view and vista preservation" as an objective for Rural
Preserve and Rural Village land use designations. Positioning homes near the top of the property
has potentially negative impacts on rural views and vistas, but it is noted that this placement is a
deliberate attempt to locate homes in areas where terrain is less sloped. If the rezoning is
approved, care should be taken to incorporate homes into the natural surroundings as much as
possible in order to preserve viewsheds from surrounding properties in the Rural Village district
since some home sites are situated near the property's highest elevations. 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.
The maximum area allowed for clearing trees for a home site (10,000 sq ft) does not include areas
for drain fields. Proffered open space should be of sufficient quantity so that any clearing for
drain fields does not affect the overall percentage.
5. STAFF CONCLUSIONS
The proposed Summer Hill PRD rezoning has some advantages over the existing zoning district. It
allows driveways to be combined so that fewer driveways COlll1ect to public roads, it proposes more
open space be preserved in perpetuity than would be required by existing zoning, and it uses smaller lot
sizes than are currently allowed in order to cluster homes away from sensitive areas. However, it also
does not meet open space guidelines for the Rural Village land use designation, and several challenges
exist due to the terrain (Summer Hill Terrain Map attached). The proposed PRD would allow
grades of up to 19% (across a limited horizontal distance) on a privately maintained road, which may
5
create problems in the future for County services, and some question exists about the functionality of
open space to serve residents beyond its value as a buffer.
CASE NUMBER:
PREPARED BY:
HEARING
DATES:
23-9/2006
Joshua Gibson
PC: 9/5/06
BOS: 9/26/06
Attachments:
Zoning Map
Future Land Use Map
Rezoning Application
PRD District Regulations
R- I District Regulations
6
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~tvmme1' Q/{ftt
A Planned Residential Community
Planning and Design Guidelines
Revised
August 23, 2006
l:\l C I
LLC
~WIZ CONSTRUCTION & INVESTMENTS)! LLC
Table of Contents
Letter of Transmittal
Development Summary
Summer Hill Site Design Guidelines
Summer Hill Site Design Guidelines Summary Table
Summer Hill Architectural Details
Pledge of Proffered Conditions
Adjoining Property Owners
Metes and Bounds Property Description
Summer Hill Existing Conditions
Summer Hill Master Plan
Summer Hill Terrain Map
Summer Hill Slope Map
Summer Hill
A Planned Residential Community
2
3
5
10
11
.,,... -. ~.
12
13
14
PRD-1
PRD-2
PRD-3
PRD-4
~I:\J C ~LC
I:\IWIZ CONSTRUCTION & INVESTMENTS, LLC
August 23, 2006
Planning & Zoning
Roanoke County Community Development
5204 Bernard Drive
Roanoke, VA 24018
RE: Summer Hill PRO Application:-
1) Planning and Design Guidelines
2) Concept Plan Sheets (4) 24x36
Dear Sir or Madam:
Enclosed is a PRO application for tax parcel 96.01-4-1. If you have any questions or
need any additional information please contact Jacob Quesinberry at (540) 353-5344 or
email atqwiz@Qcillc.com.
Thank you,
Enclosures
Summer Hill
A Planned Residential Community
.
lOIWIZ CONSTRUCTION AND INVESTMENTS, LLC 3
DEVELOPMENT SUMMARY
Qwiz Construction and Investments, LLC (Developer), respectfully requests a
rezoning of tax parcel 96.01-4-1 from R-1 to Planned Residential Development District
(PRO). The proposed development will consist of 10 single-family residential homes.
The property, consisting of 8.829-acres, currently has one residence that is served by
private well and septic. The existing home is a brick and vinyl colonial style home that
features approximately 4,200 square feet of living space. The proposed development
would incorporate the existing home. The property is mostly wooded. The proposed
development seeks to preserve as much of the wooded environment as possible by
dedicating a minimum of 25% of the site as open space. Additional preservation will be
achieved through conservationlrecreation easements on individual lots.
The property is currently zoned R-1. The "R-1 t low density residential district is
established for areas of the county... with existing low-middle density residential
development, with an average density of from one (1) to three (3) units per acre...".
Under the current R-1 zoning with public water and private septic systems the maximum
density would be 2.17 units per acre. The proposed Summer Hill subdivision has a
maximum density of 1.33 units per acre. The Rural Village land use type of rural
housing encourages "low-density single-family residential generally averaging one unit
per acre. Cluster developments are encouraged." The proposed development buffers
the subdivision from public roadway view and does not change the number of new
driveways fronting on public roads. The new homes will be at a lower elevation than the
existing home thereby protecting the ridge-line. Thus this development adheres to the
land use guidelines provided for the Rural Village designation.
A majority of neighboring and surrounding parcels are zoned R-1 as well. The
proposed development is in close proximity to more dense residential development.
Existing residential subdivisions can be found to the north, south, and west that have
densities in excess of one unit per acre. These areas have a future land use designation
of Neighborhood Conservation and Development. Neighborhood Conservation
designated areas encourage the infill of vacant lots and allow for higher densities than
the surrounding neighborhood. Development designated areas encourages mixed
housing types at a gross density range of 4 to 8 units per acre. The proposed
development has a maximum development density of 1.33 units per acre. The proposed
PRO allows for the homes to be clustered providi ng for the preservation of open space
and natural areas.
Each home will be served by public water, private septic and a private road. The
proposed private road will consist of a 20-foot wide asphalt surface conforming to the
VDOT commercial entrance requirements at the connection with Bent Mountain Road.
Individual driveways for individual residencies will connect to the private road. The
private road will utilize as much of the existing driveway alignment as possible to reduce
the amount of land disturbance.
Summer Hill
A Planned Residential Community
QWIZ CONSTRUCTION AND INVESTMENTS, LLC 4
Access to this development will be from Route 221 (Bent Mountain Road),
classified as a primary arterial roadway. The private road will maintain the existing
access point to Bent Mountain Road. The entrance will be upgraded to provide for
longer sight distances and increased turning radii. The existing driveway width is
variable with a 10-foot minimum. The proposed roadway width for the development is
20 feet. The shared access, as recommended by Roanoke County Transportation,
prevents the addition of more vehicular conflict points with Bent Mountain Road and
Ran Lynn Drive. The steep terrain would require a great deal of earthwork to construct a
public road to VDOT standards within the property. Thus the proposed private road
deVIates from public road standards with limitations in an effort to preserve as much of
the landscape as possible. Construction of the private road will allow for shorter
individual driveways thus minimizing the overall amount of land disturbance for roads
and driveways. -The private road would minimize the amount of earthwork and tree
removal thereby protecting the buffer and scene-scape with the adjoining properties.
The improved roadway would allow for better access for fire and rescue vehicles
than is currently available to the existing structure. Extension of the of the public water
service to this property would allow for the installation of fire hydrants which are
currently not in the vicinity of the subject property.
It is the intent of the developer to construct this project and then offer lots for sale
to the public. Thus, no phasing is intended.
The Developer proposes to execute a private road maintenance agreement and
establish a private homeowners association for this community. The private
homeowners association (HOA) will maintain a capital reserve fund for maintenance of
all common amenities, common open space, conservation/recreation areas and private
roads. Funding will be provided via dues levied to the individual homeowners of the
proposed Summer Hill subdivision.
Summer Hill
A Planned Residential Community
GJWIZ CONSlTRUOTfON AND 'NVE9TMENT9, LLC 5
SUMMER HILL SUBDIVISION DESIGN GUIDELINES
Site Design Guidelines and Intent
The following design guidelines are intended to be standards of development for
Summer Hill. These guidelines will set the tone and character for the community as well
as providing the means by which the community shall be designed. These guidelines
are not meant to be comprehensive or to cover all site specific-issues that may be
encountered in the design and development process.
Association
A Homeowners Association (HOA) will be formed to maintain all common open
space, conservationlrecreation areas, private roads, and site amenities. All property
owners within the proposed Summer Hill subdivision will be members of the HOA and
will have the responsibility to pay dues to the HOA Tor the maintenance of these
facilities. The Homeowners Association shall maintain a capital reserve fund and may,
from time to time as necessary, levy assessments to pay for common improvements.
Preservation Areas
A minimum of 25% of the site will be preserved as common open space. The
main conservation areas wilt include the stream at the north corner of the property, the
steepest slopes and other environmentally sensitive areas of the property_ Preservation
areas will encompass all flood plain areas in an effort to reduce environmental impact
and risk to future improvements. A portion of the area between Ran Lynn Drive and
Bent Mountain Road and the proposed lots will be preserved as a natural buffer
between the homes and the existing roads. The buffer area along these roads will be
preserved as part of the dedicated open space. An additional minimum of 10% of the
site will be preserved through conservation/recreation easements on individual lots. The
conservation/recreation easements will serve both as buffer and natural areas. No road
or residence will be allowed within the open space or conservation/recreation
easements. All open space and conservationlrecreation easements will be for the
benefit and use of the community residents_
Site amenities and utilities will be aI/owed in the open space and
conservation/recreation easements. Amenities that will be allowed include: pedestrian
trails, playgrounds, picnic areas, and gazebos. All amenities and dedicated open space
within the community will be owned and maintained by the homeowners association.
Development Areas
The primary areas used for construction will be along the higher elevations of the
property. The placement of the homes will allow for the preservation of the more
sensitive areas of the property as well to provide a natural buffer around the existing
public streets and adjoining properties.
Summer Hill
A Planned Residential Community
QWIZ CONSTRUCTION AND INVESTMENTS, LLC 6
Buffer Yards
A minimum 50-foot natural buffer shall be maintained along a majority of Bent
Mountain Road and Ran Lynn Drive. Exceptions will be provided for the private road to
access Bent Mountain Road and infrastructure as necessary. A 3D-foot natural buffer
shall be maintained along all adjacent property lines. Wherever a house, driveway,
accessory structure, or drainfield on the property is located 3D-feet or closer to an
adjacent property line and a natural 3D-foot buffer is not maintained two rows of
evergreen trees shall be planted as an additional buffer. In no case shall there be a
natural buffer between houses, driveways, accessory structures, or drainfields on the
Property and an adjacent property line of less than 15-fee1. Any and all evergreen trees
planted as buffer landscaping shall be a minimum of 6-feet tall at the time of installation.
Roads
The road within Summer Hill will be private. The Homeowners Association will be
responsible for maintaining all roads. The roads within Summer Hill will be a minimum of
20-feet wide with 3-foot shoulders. The minimum pavement section will be 6-inches
base stone with 2.S-inches of an asphalt surface. The existing driveway surface may be
incorporated into the road provided there is a minimum asphalt thickness of 3-inches.
The minimum centerline radius will be 95-feet except at the entrance to Bent Mountain
Road. The minimum radius at the entrance shall be 25-fee1.
The entrance at Bent Mountain Road shall conform to the VDOT commercial
entrance standards. The standard maximum road grade will be 16-percent with
exceptions. A maximum grade of up to 18-percent may be used provided that any grade
above 16-percent not exceed 400-feet in length. A liT" type turn-around will be provided
at the end of the street. All liT" type turn-arounds shall be sufficient to accommodate
emergency vehicles and school buses.
The proposed private road will not be maintained by the Virginia Department of
Transportation or Roanoke County. The Developer acknowledges and will record that
the street will only be considered eligible for addition as an element of the secondary
system of state highways if it is constructed to the standards of the prevailing
subdivision street requirements or other applicable approved standard of the Virginia
Department of Transportation, utilizing funds other than those administered by the
Department of Transportation and Roanoke County.
Guardrails
Guardrails shall be required along the private road where a downhill slope
greater than 35% is encountered within 20-feet of the centerline of the road. The
Developer and/or the Homeowners Association may elect to install additional guardrail
in areas deemed appropriate. Guardrail openings shall allow sufficient access to
residences. All guardrails shall be of a timber type construction.
Summer Hill
A Planned Residential Community
QWI"!: CONSTRUCTION AND 'NVESTMENT!;. LLC 7
Retaining Walls
Retaining walls may be built as necessary to accommodate road, building and
driveway construction. Retaining walls may also be incorporated into landscape
designs. All retaining walls must be approved by the Architectural Review Board prior to
construction.
Trails
The Homeowner's Association may elect to provide pedestrian trails within the
common open space in the future. The trail surface may be mulch, gravel, asphalt,
concrete or wooden and a minimum of 3-feet wide.
Landscaping
Landscaping will be provided at the entrance to the Property. As well, each home will be
professionally landscaped around foundation areas and yards.
Tree Preservation
The maximum allowable area to be cleared for any home site shall be 10,000 square-
feet. This allowance is exclusive of any required drainfield areas.
Lot Size
The minimum lot size shall be 0.35-acres. The minimum lot frontage shall be 50-
feet.
Minimum Building size
The minimum building size shall be 2,500 square-feet for the primary dwelling.
The building size requirement shall include all heated and cooled living space within the
structure regardless of level.
Maximum Building Height
The maximum building height will be 45-feet.
Summer Hill
A Planned Residential Community
I:\IWIZ CDNSTRUCTIDN AND INVESTMENTSI, LLC 8
Accessory Buildings
All accessory structures must be located behind the front plane of the primary
structure. The maximum height of accessory structures shall be 25-feet. Any and all
accessory structures must be approved by the Homeowner's Association and comply
with the Architectural Review Board's requirements.
Setbacks
The minimum front setback shall be 20-feet from any private road.
The minimum side setback shall be 5-feet from any common development lot.
The minimum rear setback shall be 1 O-feet from any common development lot.
The minimum setback from any adjoining property lines or from any public right
of way shall be 30-feet.
The existing home shall be exempt from the front setback requirement. The
minimum setback for the existing home shall be 5-feet from any private road.
Density
No more than 10 homes will be built on the property including the existing home
as shown on the master plan. The maximum density for the development shall not
exceed 1.33 units per acre.
Lighting
Any and all street lighting shall be residential in scale and style. All street lighting
shall be post mounted lantern type and shall not exceed 12-feet in height. All street
lights shall not exceed 150 watts each.
All exterior lighting, whether street, driveway, walkway or exterior house lighting,
shall be top shielded to cast all light downward. All lighting on the exterior of homes and
accessory structures shall not exceed 100 watts per fixture.
Summer Hill
A Planned Residential Community
Qw,;:: CONSTRUCTION AND I NV,"51TMENT51, LLC
9
Water/Sewer
Public water will be made available to the proposed lots via the 24-inch waterline
that runs along the north side of Ran Lynn Drive. The Western Virginia Water Authority
has provided the preliminary availability analysis that has indicated that connection to
this service line is possible for the proposed development. The existing structure is
currently served by a private well. The existing home will be connected to the public
water system as part of this development. The existing well may remain in use for
irrigation purposes.
Public sewer is currently not readily accessible to this site. The nearest public
sewer service is more than 300 feet from the site and grades do not facilitate connection
to the-existing service IIne.- The'proposed lots are sized to accommodate private septicu
systems_
Utilities
All utilities shall be placed underground. Utilities may enter the property above
ground at a predetermined location where they will be placed underground and
distributed through the development. Utilities may cross common open space as may
be required. All heat pumps and other outdoor appurtenances shall be screened from
view of the roads or adjacent property owners via decorative wooden curtains or
sufficient landscaping. The Architectural Review Board shall approve any and all
proposed screening as well as the proposed location prior to installation.
Trash Collection
Trash collection will be individual can pick up. A designated trash collection area
will be provided for pick-up on or adjacent to Bent Mountain Road.
Fire Protection
Fire hydrants would be installed along the private road via an 8-inch public water
connection that would service the proposed development. The Western Virginia Water
Authority has provided the preliminary availability analysis that has indicated that
connection to this service line is possible for the proposed development. At present
there are no fire hydrants in the vicinity of the subject property.
The improved roadway would allow for better access for fire and rescue
emergencies than is currently available to the existing structure.
Summer Hill
A Planned Residential Community
Qw,z CONSTRUCTION A.ND INVESlTMENT9, LLG 10
Summer Hill PRO
Summary Table of Site Design Guidelines
Maximum Development Density
Minimum Lot Area
Minimum Street Frontage
Setback Requirements (Common Development)
Front Yard
Side Yard
Rear Yard
. Adjacent Property Setback-
Minimum Building Size
Maximum Building Height
Maximum Accessory Building Height
Minimum Common Open Space
Minimum Conservation/Recreation Easement Area
Buffers
Minimum Width Adjacent Public Streets
Desirable Minimum Width Adjacent Property Lines
Minimum Width Adjacent Property Lines
Roads
Minimum Roadway Width
Minimum Shoulder Width
Maximum Desirable Grade
Maximum Grade for Lengths of 400-1eet or Less
Minimum Centertine Radius
Minimum Entrance Radius
1.33 units per acre
15,246 SF (0.35 acres)
50 FT
20 FT
5 FT
10 FT
_ 30 FT
2,500 SF
45 FT
25 FT
25% of total site
10% of total site
50 FT
30 FT
15 FT
20 FT
3 FT
16%
18%
95 FT
25FT
Summer Hill
A Planned Residential Community
(JWIZ CCNgTRUCTICN AND INVE:gTME:~Tgt LLC 11
SUMMER HILL ARCHITECTURAL DETAILS
It is the developer's intent to develop this project and then offer lots for sale. The
following architectural guidelines will serve to guide the style of the homes built within
the community. The developer reserves the right to build speculative or custom homes
on any of the lots within the community provided that they will be subject to these
guidelines as well.
Architectural Review Board
An Architectural Review Board shall be established to review and approve any
and all land improvements on the lots to ensure improvements conform to the likeness
and design atmosphere intended for the community. The Architectural Review Board
may also reject any improvements that would adversely affect the community design
and development style. Reviews shall include such items as structure style, house
plans, elevations, exterior colors, exterior materials, landscaping, etc.
Exterior Materials
All exterior siding materials shall be brick, stone, wood, synthetic wood, cement-
based siding or stucco. A premium vinyl material by be used provided than it does not
cover more than 30% of the exterior of the primary structure. AU roofing materials shall
be architectural asphalt shingles.
Accessory Structures
Any accessory structure proposed shall be reviewed and approved by the
Architectural Review Board. Accessory structures shaH be constructed to match the
primary residence on each lot. Exterior materials of accessory structures will comply
with those required for other structures as listed
Summer Hill
A Planned Residential Community
OWIZ COHSTF!UCT~DN AND INVEgTMENTR, LLC 12
PLEDGE OF PROFFERED CONDITIONS
The owner/developer hereby proffers that the property, subject to rezoning
approval, will be developed with substantial compliance with the "Summer Hill- A
Planned Residential Community, Planning and Design Guidelines" prepared by Qwiz
Construction and Investments, LLC, revised August 23, 2006.
A private homeowners association (HOA) will be created that will maintain all
common open space within the community, all common use amenities, the private road
and a capital reserve fund for future improvements and maintenance.
Sign~t1~
Owner/Developer
- /h J\.N A-GI::N h :/'Vh;M Br=e
Date:
C6 /~~ /o(p
i
Summer Hill
A Planned Residential Community
~WfZ GON51T~UC:TI[]N ANO INVE9TMENTS, LLG 13
ADJOINING PROPERTY OWNERS
Tax Map Nos. 96.01-4-18,96.01-3-1
Commonwealth of Virginia
Tax Map No. 96.01-4-17
D. J. Cooper
5885 Bent Mountain Road
Roanoke, Va. 24018
Tax Map No. 96.01-4-2
Russell A. & Terance R Grisso
5812 Ran Lynn Drive'
Roanoke, Va. 24018
Tax Map Nos. 86.03-2-3, 86.03-2-9
Ran Lynn Farms, LLC
4742 Old Rocky Mount Rd.
Roanoke, Va. 24014
Tax Map No. 86.03-2-7
Charles E. & Kimberly White
5741 Ran Lynn Drive
Roanoke, Va. 24018
Summer Hill
A Planned Residential Community
QWIZ CONSTRUCTION ANO INVESTMENTS, LLC 14
METES AND BOUNDS DESCRIPTION
Situated in the County of Roanoke, State of Virginia:
Parcell: BEGINNING at a stake on the North bank of Back Creek near Willow
(Dogwood and Pine called for gone), Corner to Susannah Grisso 28.25 acre tract
and J.C. Croft; thence with the J.e. Croft and Riley 1. Fralin line, N. 28 degs. W.
28.0 f1. to a point on the Southerly side of U.S. Highway 221 (know locally as
Bent Mountain Road), said pOint being the "Actual Place of Beginning" of the
herein described parcel of land; thence leaving the above described Beginning
Point, N. 28 degs. W., crossing U.S. Highway 221 (50 ft. wide) and passing an
iron pipe in the old fence at 439 ft., in all a total distance of 655 ft. to a stake,
- co'Yner to the 0.7 4 acre tract formerly conveyed out of Susannah Griso 28.25-
acre tract; thence with the lines of the same, N. 78 degs. 15' E. 285.5 ft. to a
stake; thence N. 16 degs. 50' W. 148 ft. to a point in County Road in line of Frank
H. Vest property; thence with the middle of the Road and lines of Frank H. Vest,
N. 71 degs. 15' E. 10ft. to a point; thence S, 75 degs. 45' E. 326.0 ft. to a point,
corner to NO.2 of Sigmon and Easter land; thence with the same S. 51 degs. E.
passing comer to No. 2 at 87.7 ft., in all 1 00.0 f1. to a point in the middle of road,
Corner to NO.3 of Sigmon and Easter Land; thence with the middle of the Road
and with lines of Lot 3, S. 38 degs. E. 196.5 ft. to a point; thence S. 50 degs. 30'
E. 245.4 f1. to a stake in the Northerly right of way line of U. S. Highway R1. No.
221; thence with the same, N, 58 degs. E. 41.5 f1. to a stake in branch; thence
with the branch crossing under the middle of a concrete bridge, S. 33 degs. 45'
E. 94.0 ft. to a stake at the mouth of the branch; thence up the North bank of
Back Creek, S. 63 degs. 3D' W. 100.0 f1. to a stake; thence S. 61 degs. 15' W.,
350.0 f1. to a stake, at the Southeasterly corner of the 0.34 acre tract conveyed to
Gladys Hutton by P. A. Grisso and wife; thence with the East line of said 0.34
acre tract; N. 20 degs. W. 41.0 f1. to a Southerly side of U. S. Highway Rt. No.
221 (50 ft. wide, known locally as Bent Mountain Road); thence with the
Southerly side of said Road, S. 65 degs. W. 267.6 ft. to the "Actual Place of
Beginning", and containing 8.82 acres, more or less.
LESS AND EXCEPT 0.80 acre, more or less, shown on Sheet NO.9 & 10,
Project 620A, Route No. 205, Department of Highways plans for RL 205 (now
redesignated U. S. RL 221), conveyed by Susie M. Grisso to the Commonwealth
of Virginia by deed dated June 25, 1930, recorded in Deed Book 197, page 487.
LESS AND EXCEPT 0.05 acre, more or less, as shown on Sheet 3 of plans for
Route 688 Highway Project 0688-080-125-C-501, recorded in the Clerk's Office
of the Circuit Court of Roanoke County, Virginia, in State Highway Plat Book 8,
page 1, taken by the Commonwealth of Virginia by Certificate No. C9565, dated
April 28, 1965, recorded in Deed Book 770, page 75 and Order entered
December 3, 1979, recorded in Deed Book 907, page 398.
Summer Hill
A Planned Residential Community
QWIZ CON9TRUOT'ON AND .NVEgTM~NT9~ LLC 15
PARCEL II: BEGINNING at a point in the middle of a public road called the J. H.
Grisso Road, said point being 121 feet S. 26 degs. E. of a White oak and Black
oak corner of said Susannah Grisso's land; thence running with the line of R. T.
Fralin's land crossing a branch, S. 26 degs. E. 113 feet to a stake at 2; thence a
new line N. 78 degs. 15' E. 248.5 feet to a stake at 3; thance N. 16 degs. 50' W.
148 feet again crossing the branch to a point in the middle of the road at 4;
thence along the road, S. 70 degs. 00' W. 266 feet to the place of BEGINNING,
containing 0.74 acre according to survey and plat made by George L. Poage.
Both parcels being designated as Roanoke County Official Tax Map No. 096.01-
4-1.
Summer Hill
A Planned Residential Community
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ARTICLE III
PRD District
SEe. 30 - 4 7
PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT
Sec. 30-47-1
Purpose
(A) The purpose of this district is to provide for the
development of planned residential communities that
incorporate a variety of housing options as well as certain
limited commercial and office uses designed to serve the
inhabitants of the district. This district is intended to
allow greater flexibility than is generally possible under
conventional zoning district regulations by encouraging
ingenuity, imagination and high quality design to create a
superior living environment for the residents of the
planned community. Incorporation of significant areas of
open space is a primary component of these provisions as a
means to maintain critical natural and cultural resources.
This is balanced with development at densities which
compensate, or in certain situations reward with bonuses,
for maintenance of these resources. The PRD district is
particularly appropriate for parcels which contain a number
of constraints to conventional development. In addition to
an improved quality of design, the PRD district creates an
opportunity to reflect changes in the technology of land
development, provide opportunities for new approaches to
home ownership, and provide for an efficient use of land
which can result in reduced development costs.
Sec. 30-47-2
Permitted Uses
(A) The following uses are permitted in the Planned Residential
Development district. However, no use shall be permitted
except in conformity with the uses specifically included in
the Final Master Plan approved pursuant to Section 30-47-5.
An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and
Design Standards, for those specific uses.
1. Residential Uses
Home Occupation, Type I *
Multi-family Dwelling
Residential Human Care Facility
Single Family Dwelling, Attached
Single Family Dwelling[ Detached
Townhouse
ARTICLE III
PRD District
Two Family Dwelling
2. Civic Uses
Community Recreation *
Crisis Center
Day Care Center *
Educational Facilities, primary/Secondary *
Family Day Care Home *
Park and Ride Facility *
public Parks and Recreational Areas *
Religious Assembly *
Safety Services *
Utility Services, Major *
Utility Services, Minor
3. Office Uses
General Office *
Medical Office *
4. Commercial Uses
Convenience Store *
Gasoline Station *
Personal Services
Restaurant, Family *
5. Miscellaneous Uses
Amateur Radio Tower * (Amended Ord. 82493-8)
(B) Other use types which are not listed above and which are
determined to be appropriate and compatible with the
proposed development and surrounding uses may be permitted
in the PRD district where they are specifically proposed in
the initial preliminary master plan and approved pursuant
to Section 30-47-5.
Sec. 30-47-3
Site Development Regulations
(A) Each planned residential development shall be subject to
the following site development standards.
1. Reserved
2. Maximum gross density: 5 dwelling units per acre,
excluding any density bonuses provided for below.
ARTICLE III
PRD District
3. Minimum common open space and/or recreational areas:
15 percent of the gross area of the PRD district.
4. Criteria for all open space:
a. Minimum countable open space: 5,000 contiguous
square feet.
b. Minimum horizontal dimension: 50 feet, except
that areas with a horizontal distance of not less
than 20 feet shall be counted as open space
provided such areas contain facilities such as,
but not limited to, bikeways, exercise trails,
tot lots, gazebos, picnic tables, etc.
c.
Common open space shall not
street right-ot-ways, open
driveways, or sites reserved
places of religious assembly.
incl ude proposed
parking areas,
for schools or
d. Common open space and/or recreational areas shall
be of an appropriate nature and location to serve
the residents ot the district.
5. Open space bonus; for each additional 5 percent of
open space the maximum gross density specified in (A)
2. above shall be increased 2.5 dwelling units per
acre. The maximum open space bonus shall be 25
percent.
6 . A 7. 5 percent bonus to the gros s dens i ty may be
approved by the Administrator when a historic site
will be preserved and maintained as an integral part
of the development proposal. The historic site must
be included in the County Historic Resources Inventory
and meet one of the following:
a. The historic site shall be listed on the Virginia
Landmarks Register and the National Register of
Historic Places;
b. The historic site shall have been determined to
be eligible for listing on the registers cited in
a. above by the State Review Board for Historic
ARTICLE III
PRD District
Preservation; OR,
c.
The historic site shall have been
designated by the Board of Supervisors
County or local significance.
officially
as having
7. Maximum area for commercial and/or office uses: 10
percent of the gross area of the PRD. In addition,
the following standards shall apply:
a. Commercial and office uses shall be expressly
designed for the service and convenience of the
PRD;
b. Commercial and office uses shall be screened and
landscaped so as to be compatible with adjoining
residencesj
c. Construction of commercial and office uses shall
not begin until 25 percent of the residential
units of the total PRD have been completed.
8. Minimum setback requirements shall be specifically
established during the review and approval of the
Master Plan. The following guidelines shall be used
in establishing the building spacing and setbacks:
a. Building spacing shall provide privacy wi thin
each dwelling unit;
b. Building spacing shall ensure that each room has
adequate light and air;
c. Areas between buildings used as service yards,
storage of trash, or other utilitarian purposes
should be designed so as to be compatible with
adjoining dwellings;
d. Building spacing and design shall provide privacy
for outdoor activity areas (patios, decks, etc.)
associated with individual dwelling units.
9. Streets in the PRD district may be public in
accordance with VDOT and County standards or may be
ARTICLE III
PRD District
pri vate. In reviewing the PRD prel iminary master
plan, the Commission may recommend, and the Board may
approve, one or more private streets within the
proposed district.
Sec. 30-47-4
Relationship to Existing Development Regulations
(A) All zoning regulations shall apply to the development of
the PRD, unless modified in the approval of the final
master plan.
Sec. 30-47-5
Application Process
(A) Prior to submitting a formal application for review and
approval under these provisions, the applicant and county
staff shall meet to discuss the requirements of this
section. The purpose of the meeting is to obtain a mutual
understanding of the application requirements and process.
The applicant is encouraged to submit information on the
scope and nature of the proposal to allow staff to become
familiar with the proposal in advance of this meeting.
(B) Any application to rezone land to the PRD designation,
shall constitute an amendment to the zoning ordinance
pursuant to Section 30-14. The written and graphic
information submitted by the applicant as part of the
application process shall constitute proffers pursuant to
Section 30-15 of this ordinance. Once the Board of
Supervisors has approved the final master plan, all
accepted proffers shall constitute conditions pursuant to
Section 30-15.
(C) To initiate an amendment, the applicant shall complete a
rezoning application packet. This information shall be
accompanied by graphic and written information, which shall
consti tute a preliminary master plan. All information
submitted shall be of sufficient clarity and scale to
clearly and accurately identify the location, nature, and
character of the proposed district. At a minimum this
information shall include:
1.
A legal description and plat showing
boundaries, and existing street lines, lot
easements.
the site
lines, and
ARTICLE III
PRD District
2. Existing zoning, land use and ownership of each parcel
proposed for the district.
3. A general statement of planning objectives to be
achieved by the PRD district, including a description
of the character of the proposed development, the
existing and proposed ownership of the site, the
market for which the development is oriented, and
objectives towards any specific man-made and natural
characteristics located on the site.
4. A descript ion and analysis of existing si te
conditions, including information on topography,
archeological and historic resources, natural water
courses, floodplains, unique natural features, tree
cover areas, etc.
5. A land use plan designating specific uses for the
site, both residential and non-residential uses, and
establishing site development regulations, including
setback, height, building coverage, lot coverage, and
density requirements.
6. A circulation plan, including location of existing and
proposed vehicular, pedestrian, bicycle J and other
circulation facilities and location and general design
of parking and loading facilities. General
information on the trip generationl ownership and
maintenance and proposed construction standards for
these facilities should be included. A Traffic Impact
Analysis may be required by the Administrator.
7. A public services and utilities plan providing
requirements for and provision of all utilities,
sewers, and other facilities to serve the site.
8. An open space plan, including areas proposed for
passive and active recreational uses, natural and
undisturbed areas, and proposed buffer areas proposed
around the perimeter of the site. Information on the
specific design and location of these areas and their
ownership and maintenance should be included.
9. Generalized statements pertaining to architectural and
ARTICLE III
PRD District
communi ty design guidelines shall be submitted in
sufficient detail to provide information on building
designs. orientations, styles, lighting plans, etc.
10. A development schedule indicating the location, extent
and sequence of proposed development. Specific
information on development of the open space,
recreational areas, and non-residential uses should be
included.
(D) The completed rezoning application and supporting
preliminary master plan materials shall be submitted to the
Planning Commission for review and analysis. The
Commission shall review this information and make a report
of its findings to the Board of Supervisors. The
Commission shall as part of its review hold a publ ic
hearing pursuant to Section 15.2 - 22 04 of the Code of
Virginia, as amended. The proposed district shall be
posted with signs indicating the date and time of the
Commission public hearing.
(E) The Commission shall make a report of its findings to the
Board of Supervisors within 90 days of the receipt of the
materials, unless the applicant requests, or agrees to an
extension of this time frame. The Commission 1 s report
shall recommend approval, approval with modifications, or
disapproval of the preliminary master plan. Failure of the
Commission to make a report of its findings to the Board of
Supervisors wi thin this period shall constitute a
Commission recommendation of approval.
(F) If the Commission recommends denial of the preliminary
master plan, or approval with modification, the applicant
shall, if requested, have 60 days to make any
modifications. If the applicant desires to make any
modifications to the preliminary master plan, the Board of
Supervisor's review and action shall be delayed until such
changes are made and submitted for review.
(G) The Board of Supervisors shall review the preliminary
master plan, and act to approve or deny the plan within 90
days. Approval of the preliminary master plan shall
constitute acceptance of the planfs provisions and concepts
as proffers pursuant to Section 30-15 of this ordinance.
ARTICLE III
PRD District
The plan approved by the Board of Supervisors shall
constitute the final master plan for the PRD. Once approved
by the Board of Supervisors, the Administrator shall
authorize the revisions to the official zoning map to
indicate the establishment of the PRD district.
Sec. 30-47-6
Revisions to Final Master Plan
(A) Major revisions to the final master plan shall be reviewed
and approved following the procedures and requirements of
Section 30-47-5. Major revisions include, but are not
limited to changes such as:
1. Any increase in the density of the development;
2. Substantial change in circulation or acceSSj
3. Substantial change in the mixture of dwelling unit
types included in the project;
4. Substantial changes in grading or utility provisions;
5. Substantial changes in the mixture of land uses or an
increase in the amount of land devoted to non-
residential purposes;
6. Reduction in the approved open space, landscaping or
buffering;
7. Substantial change in archi tectural or site design
features of the development;
8. Any other change that the Administrator finds is a
major divergence from the approved final master plan.
(B) All other changes in the final master plan shall be
considered minor amendments. The Administrator, upon
receipt of a written request of the owner, may approve such
minor amendments.
1. If the Administrator fails to act on a request for a
minor amendment to the Master Plan within 15 calendar
days, it shall be considered approved.
ARTICLE III
PRD District
2. A request which is disapproved by the Administrator
shall be considered a major amendment and shall be
subject to the approval process outlined above for
such amendments.
Sec. 30-47-7
Approval of Preliminary and Final Site
Development Plans
(A) Following the approval of the final master plan, the
applicant or its authorized agent, shall be required to
submit preliminary and final site development plans for
approval. Final site development plans for any phase or
component of the PRD that involves the construction of
structures or facilities, shall be approved prior to the
issuance of a building and zoning permit, and the
commencement of construction. Standards for preliminary
and final site development plans are found in a document
entitled Land Development Procedures, available in the
Department of Community Development.
(B) It is the intent of this section that subdivision review
under the subdivision regulations be carried out
simultaneously with the review of a planned residential
development under this section. The plans required under
this section shall be submitted in a form which will
satisfy the requirements of the subdivision regulations, as
determined by the Administrator.
(C) Preliminary and final site development plans submitted for
review shall in compliance with the final master plan
approved by the Board of Supervisors. Roanoke County shall
review and approve or disapprove any Final Site Development
Plan within 60 days of its submittal.
(D) No Planned Residential Development shall be approved and no
work shall be authorized on construction until all property
included in the Final Master Plan is in common ownership.
Sec. 30-47-8
Failure to Begin Development
(A) Failure of the applicant to submit a preliminary site
development plan for at least one portion of the planned
residential development within 18 months of the approval of
the final master plan, shall constitute an application on
ARTICLE III
PRD District
the part of
designations
master plan.
applicant to rezone the PRD to the district
in effect prior to the approval of the final
Sec. 30 - 47 - 9
Control Following
Development Plans
Approval
of Final
(A) The zoning administrator shall periodically inspect the
site and review all building permits issued for the
development to ensure that the development schedule is
generally complied with. The provision and construction of
all of the common open space and public and recreational
facilities shown on the final development plan must proceed
at the same rate as the construction of dwelling units. If
the administrator finds that the development schedule has
not been followed, no permits, except for the above
mentioned facilities, shall be issued until the developer
complies with the development schedule, unless the
developer has provided a performance bond or similar
instrument to guarantee that such common open space and/or
public and recreational facilities will be provided for at
a specific date.
Sec. 30-47-10 Existing Planned Unit Developments
(A) Any Planned Unit Development approved under procedures in
force before the effective date of this Ordinance shall be
designated as Planned Residential Development Districts and
shall be governed by requirements or restrictions
applicable at the time of their approval.
ARTICLE III
R-1 District
SEC. 30-41
R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 30-41-1
Purpose
(A) The R-1, Low Density Residential district is established
for areas of the County within the urban service area with
existing low-middle density residential development, with
an average density of from one to three units per acre, and
land which appears appropriate for such development. These
areas are generally consistent with the Neighborhood
Conservation land use category as recommended in the
Community Plan. In addition, where surrounding development
and the level of public services warrant, these areas
coincide with the Development category recommended in the
Plan. This district is intended to provide the highest
degree of protection from potentially incompatible uses and
residential development of a significantly different
density, size, or scale, in order to maintain the health,
safety, appearance and overall quality of life of existing
and future neighborhoods.
In addition to single-family residences, only uses of a
community nature which are generally deemed compatible are
permitted in this district. This would include parks and
playgrounds, schools and other similar neighborhood
activities.
Sec. 30-41-2
Permitted Uses
(A) The following uses are permitted by right subject to all
other applicable requirements contained in this Ordinance.
An asterisk (*) indicates additional, modified or more
stringent standards are listed in Article IV, Use and
Design Standards, for those specific uses.
1. Residential Uses
Home Occupation, Type I *
Manufactured Home * (Amend. Ord 62795-10)
Manufactured Home, Emergency *
Residential Human Care Facility
Single Family Dwelling, Detached (For Zero Lot Line
Option - *)
Single Family Dwelling, Attached *
ARTICLE III
R-1 District
Single Family Dwelling, Attached and Detached,
(Cluster subdivision Option -*)
2. Civic Uses
Community Recreation *
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
3. Miscellaneous Uses
Amateur Radio Tower * (Amended Ord. 82493-8)
(B) The following uses are allowed only by Special Use Permit
pursuant to Section 30 -19. An asterisk (*) indicates
additional, modified or more stringent standards are listed
in Article IV, Use and Design Standards, for those specific
uses.
1. Aqricultural and Forestry Uses
Stable, Private *
2. Residential Uses
Accessory Apartment *
Alternative Discharging Sewage Systems * (Amended Ord.
42793-20)
Home Beauty/Barber Salon *
Kennel, Private *
3. Civic Uses
Cemetery *
Day Care Center * (Amended Ord. 62293-12)
Crisis Center
Educational Facilities, Primary/Secondary *
Family Day Care Home *
Religious Assembly *
Utility Services! Major *
3.5. Commercial Uses
Bed and Breakfast * (Amended Ord. 62293-12)
4. Miscellaneous Uses
Outdoor Gatherings *
ARTICLE III
R-1 District
Sec. 30-41-3
Site Development Regulations
General Standards. For additional,
stringent standards for specific uses,
and Design Standards.
modified, or more
see Article IV - Use
(A) Minimum lot requirements
1. All lots served by private well and sewage disposal
systems:
a. Area: 0.75 acre (32,670 square feet)
b. Frontage: 90 feet on a publicly owned and
maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet
b. Frontage: 75 feet on a publicly owned and
maintained street.
3. All lots served by both public sewer and water:
a. Area: 7,200 square feet.
b. Frontage: 60 feet on a publicly owned and
maintained street.
(B) Minimum setback requirements
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: behind the front
building line. (Amended Ord. 62293-12)
2. Side yard:
a. Principal structures: 10 feet
ARTICLE III
R-l District
b.
Accessory structures: 10 feet behind front
building line or 3 feet behind rear building
line.
3 . Rear yard:
a. Principal structures: 25 feet
b. Accessory structures: 3 feet
4. Where a lot fronts on more than one street, front yard
setbacks shall apply to all streets.
5. The expansion of a legally established nonconforming
structure into the required side or rear yard shall be
permitted provided the expansion does not encroach
into the required yard any greater than the existing
encroachment. (Amended Ord. 42694-12)
(C) Maximum heiqht of structures
1. Height limitations:
a. Principal structures: 45 feet
b.
Accessory structures: 15
provided they comply
requirements for principal
feet, or
with the
structures.
25 feet
setback
(D) Maximum coveraqe
1.
Building coverage: 30 percent of the
for all buildings and 7 percent
buildings.
total lot area
for accessory
2. Lot coverage: 50 percent of the total lot area.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 26, 2006
ORDINANCE TO REZONE 8.829 ACRES FROM R-1 LOW DENSITY
RESIDENTIAL DISTRICT TO PRD, PLANNED RESIDENTIAL
DEVELOPMENT DISTRICT, FOR THE DEVELOPMENT OF A
RESIDENTIAL COMMUNITY CALLED SUMMER HILL LOCATED AT 5815
BENT MOUNTAIN ROAD, WINDSOR HILLS MAGISTERIAL DISTRICT
WHEREAS, the first reading of this ordinance was held on August 22,2006, and the
second reading and public hearing were held September 26, 2006; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on this
matter on September 5, 2006; and
WHEREAS, legal notice and advertisement has been provided as required by law.
BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
1. That the zoning classification of a certain tract of real estate containing 8.829
acres, as described herein, and located at 5815 Bent Mountain Road, (Tax Map Number
96.01-4-1) in the Low Density Residential District to the zoning classification PRO, Planned
Residential Development District with conditions.
2. That this action is taken upon the application of Qwiz Construction and
Investments, 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 Exhibit A (filed with the official records for the September 26, 2006 meeting)
entitled: "Summer Hill. A Planned Residential Communitv. Planninq and Desiqn
Guidelines, Revised August 23, 2006", which conditions the Board of Supervisors of
Roanoke County, Virginia, hereby accepts.
4. That said real estate is more fully described as follows:
Parcel I: BEGINNING at a stake on the North bank of Back Creek near Willow
(Dogwood and Pine called for gone), Corner to Susannah Grisso 28.25 acre tract
and J.C. Croft; thence with the J.C. Croft and Riley T. Fralin line, N. 28 degs. W.
28.0 ft. to a point on the Southerly side of U.S. Highway 221 (known locally as Bent
Mountain Road), said point being the "Actual Place of Beginning" of the herein
described parcel of land; thence leaving the above described Beginning Point, N. 28
degs. W., crossing U.S. Highway 221 (50 ft. wide) and passing an iron pipe in the
old fence at 439 ft., in all a total distance of 655 ft. to a stake, corner to the 0.74 acre
tract formerly conveyed out of Susannah Grisso 28.25 acre tract; thence with the
lines of the same, N. 78 degs. 15' E. 285.5 ft. to a stake; thence N. 16 degs. 50' W.
148 ft. to a point in County Road in line of Frank H. Vest property; thence with the
middle of the Road and lines of Frank H. Vest, N. 71 degs. 15' E. 10ft. to a point;
thence S. 75 degs. 45' E. 326.0 ft. to a point, corner to NO.2 of Sigmon and Easter
land; thence with the same S. 51 degs. E. passing corner to NO.2 at 87.7 ft., in all
100.0 ft. to a point in the middle of road, Corner to NO.3 of Sigmon and Easter
Land; thence with the middle of the Road and with lines of Lot 3, S. 38 degs E.
196.5 ft. to a point; thence with the middle of the Road and with lines of Lot 3, S. 38
degs. E. 196.5 ft. to a point; thence S. 50 degs. 30' E. 245.4 ft. to a stake in the
Northerly right of way line of U. S. Highway Rt. No. 221; thence with the same, No.
58 degs. E. 41.5 ft. to a stake in branch; thence with the branch crossing under the
middle of a concrete bridge, S, 33 degs. 45' E. 94.0 ft. to a stake at the mouth of the
branch; thence up the North bank of Back Creek, S. 63 degs. 30' W. 100,0 ft. to a
stake; thence S. 61 degs. 15' W, 350.0 ft. to a stake, at the Southeasterly corner of
the 0.34 acre tract conveyed to Gladys Hutton by P.A. Grisso and wife; thence with
the East line of said 0.34 acre tract; N. 20 degs. W. 41.0 ft. to a Southerly side of
U.S. Highway Rt. No. 221 (50 ft. wide, known locally as Bent Mountain Road);
thence with the Southerly side of said Road, S. 65 degs, W. 267.6 ft. to the "Actual
Place of Beginning", and containing 8.82 acres, more or less.
LESS AND EXCEPT 0.80 acre, more or less, shown on Sheet NO.9 & 10, Project
620A., Route No. 205, Department of Highways plans for Rt. 205 (now
redesignated U.S. R. 221), conveyed by Susie M. Grisso to the Commonwealth of
Virginia by deed dated June 25, 1930, recorded in Deed Book 197, page 487.
LESS AND EXCEPT 0.05 acre, more or less, as shown on Sheet 3 of plans for
Route 688 Highway Project 0688-080-125-C-501, recorded in the Clerk's Office of
the Circuit Court of Roanoke County, Virginia, in State Highway Plat Book 8, page 1,
taken by the Commonwealth of Virginia by Certificate No. C9565, dated April 28,
1965, recorded in Deed Book 770, page 75 and Order entered December 3,1979,
recorded in Deed Book 907, page 398.
2
PARCEL II: BEGINNING at a point in the middle of a public road called the J. H.
Grisso Road, said point being 121 feet S. 26 degs. E. of a White oak and Black oak
corner of said Susannah Grisso's land; thence running with the line of R. T. Fralin's
land crossing a branch, S. 26 degs. E. 113 feet to a stake at 2; thence a new line N.
78 degs. 15' E. 248.5 feet to a stake at 3; thence N. 16 degs. 50' W. 148 feet again
crossing the branch to a point in the middle of the road at 4; thence along the road,
S. 70 degs 00' W. 266 feet to the place of BEGINNING, containing 0.74 acre
according to survey and plat made by George L. Poage.
Both parcels being designated as Roanoke County Official Tax Map No. 096.01-4-1.
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
Name: Qwiz Construction and LLC
R1
PRD
Tax Number: 096.01-04-01.00-0000
District: Windsor Hills Area: 8.829 Acres
July 24,2006
5-3
PETITIONER: R. Fralin Development Corporation
CASE NUMBER: 24-9/2006
Planning Commission Hearing Date: September 5, 2006
Board of Supervisors Hearing Date: September 26, 2006
A. REQUEST
The petition of R. Fralin Development Corporation, to rezone 1.26 acres from R-
1, Low Density Residential, to C-1, Office, in order to construct two office
buildings, located at 2404 Electric Road, Windsor Hills Magisterial District.
B. CITIZEN COMMENTS
None
C. SUMMARY OF COMMISSION DISCUSSION
Ms. Hooker asked about the height of the retaining wall behind the east parking
lot. The petitioner's engineer responded eight feet at the highest point. The
commission asked if a fence could be installed above the retaining wall, and the
petitioner offered to proffer a safety fence. Mr. Azar inquired about site lighting
and the petitioner's engineer described the intended lamp post style and height,
as well as the ability to shield individual panels of the fixture if necessary. The
petitioner's engineer presented the site plan as well as the architectural
rendering.
D. CONDITIONS
1. The site will be developed in substantial conformance with the Site Plan dated
8-29-06, titled "Wentworth Office Park", prepared by Balzer and Associates,
Inc.
2. The building will be developed in general conformance with the Architectural
Rendering dated 8-29-06, titled "Wentworth Office Park", prepared by Balzer
& Associates, Inc.
3. All parking lot lighting shall be post top fixtures no more than 12' tall with fully
concealed fixtures.
4. The dumpster shall be serviced between 7 am and 1 0 pm.
5. The proposed fencing shall be a minimum of 6 feet tall and the side of the
fence facing the adjoining properties shall be finished
6. The proposed sign shall be a monument style sign and shall be designed to
generally match the architecture and materials of the buildings.
7. A minimum of 6 street trees and 35 shrubs will be planted along the Rt. 419
Right of Way.
8. A safety fence shall be installed along the perimeter of the retaining wall.
1
E. COMMISSION ACTION
Mr. Thomason then made the motion to recommend approval of the request with
the proffered conditions. Motion carried 5-0.
F. DISSENTING PERSPECTIVE
G.
ATTACHMENTS:
_ Concept Plan _ Vicinity Map
_ Staff Report Other
Philip Thompson, Secretary
Roanoke County Planning Commission
2
Proffers for ~Wentworth Ottire Park
Revised: 9-21-06
1. The site will be developed in substantial confom1ance with the Site Plan dal8d
8-29-06, titled "Wentworth Office Park'" prepared by Balzer and Associates, Inc.
2. The building will be developed in general cOnfOmlallCe with the Architectural
Rendering dated 8-29-06, titled "Wentworth Ottlce Park", prepared by Bal.zer and
Associates, Inc.
3. All parking lot lighting shall be post top fixtures no more than 12' tall with fully
concealed fixtures and arranged so glare is not cast onto the adjoining properties.
4. The dumpster shall be serviced between 7 am and 10 pm and in accordance with
the Roanoke County Noise Ordinance.
5. The proposed fencing shall be a minimum of 6 feet tall and the side of the fence
facing the adjoining properties shall be finished
6. The proposed sign shall be a monument style sign and shall be designed to
generally match the architecture and materials of the buildings.
7. A minimum of 6 street trees and 35 shrubs will be planted along the Rt 419 Right
of Way.
8. A safety fence shall be installed along the perimeter of the retaining wall.
Property Owner: William Herbert Liles II
Signatur.ti.zL 1"--1 d ~
Date: ~II/o(P
Petitioner:
R. Fralin Development Corporation
Request:
Rezone 1.26 acres from R-l, Low Density Residential District to C-l, Office
District to construct two office buildings
Location:
2404 Electric Road
Magisterial District:
Proffered Conditions:
Windsor Hills
Pending submission by petitioner
EXECUTIVE SUMMARY:
R. Fralin Development Corporation petitions to rezone 1.26 acres from R-I to C-l in order to
construct two office buildings. Each building would be two-story, and contain 8,000 square feet
of gross floor area. Access would be provided through a reconstructed driveway in the
Wentworth Road right-of-way. Wentworth Road is an unimproved public right-of-way, platted
as part of the City View Heights, Section 3 subdivision in the late 1 940s.
The site has adequate public services and access from a principal arterial, primary highway. The
proposed site design has many features that conform with the goals and strategies of the 419
Frontage Development Plan. Other site design features may be proffered to ensure quality
development. In the Roanoke County Community Plan, the site is designated Neighborhood
Conservation, and is adjacent to Electric Road frontage properties designated Transition. The
Neighborhood Conservation land use designation is a future land use designation where
established single family neighborhoods are delineated, and conservation of the existing
development pattern is encouraged. The Transition designation is a future land use designation
that encourages orderly development of highway frontage parcels.
Discussions about proffered conditions have taken place between staff and the petitioner.
However, at the time of this report, no proffered conditions have been submitted by the petitioner.
If the Planning Commission chooses to recommend approval of the petition, it should be with
proffered conditions that address the following:
1) Conformance with the concept plan
2) Architectural design
3) Additional screening and buffer yard along the north property line
4) Sign area and height
5) Exterior light fixture height
6) Dumpster location
7) Specific details for front yard landscaping
1. APPLICABLE REGULATIONS
Roanoke County approval is required for site development and building plans.
Virginia Department of Transportation (VDOT) approval is required for the proposed commercial
entrance.
2. ANALYSIS OF EXISTING CONDITIONS
Background - According to County records, the existing 3,000 square foot home at 2404 Electric
Road was constructed in 1947. The home was constructed at the same time that the subdivision
to the north, City View Heights, Section 3, was platted. That subdivision plat dedicated
Wentworth Road for public use, but the road was never constructed Or accepted into the County
or VDOT street system. The property at 2404 Electric Road fronts on the "paper street", as well
as Electric Road. Currently, the Wentworth Road right-of-way is used for the driveway to 2404
Electric Road, as well as secondary driveways/access to several homes on Bower Road and
Woodley Drive. In December 1974, the Roanoke County Board of Supervisors vacated
approximately one half of Wentworth Road, but left open for public use the western half of the
right-of-way where it connects to Electric Road.
TopographyN egetation - The site slopes down from east to west, toward Electric Road.
Vegetation consists of open grass yard, with mature shrubs and trees surrounding the home.
Surrounding Neighborhood - Properties to the north, east and south are zoned R- l, Low Density
Residential District, and contain single family dwellings along Bower Road and Woodley Drive.
Across Electric Road, property is zoned C-l, Office District, and contains an insurance office. A
4.75 acre tract across Electric Road is zoned R-3, Medium Density Multi-Family Residential
District, and is undeveloped. Electric Road frontage property that adjoins to the north is zoned
C 1, Office District, and contains a real estate office.
3. ANALYSIS OF PROPOSED DEVELOPMENT
Site Layout/Architecture - Two 8,000 square foot office buildings are shown on the concept plan.
Each of the buildings are proposed as two-story structures, with 4,000 square feet of gross area on
each floor. Internal driveways and parking areas are shown on the side and rear of "'Building A"
and the front, side and rear of "Building B", "Building A" is shown at the minimum setback line
from Electric Road. "Building B" is shown behind and to the north of "Building A". In order to
have on-grade access to both sides of "Building B", the rear parking area will likely be graded
into the topography, with retaining walls around portions of the rear parking lot.
Architectural sketches of the buildings show brick on the exterior of the first floor and a cement
board finish exterior on the second floor. Entrances are shown in the center of the front and side
ofthe first floor. The entrance to "Building A" would actually be in the back ofthe building,
with the Electric Road elevation having a similar treatment in the center of the building, with
windows in place of the entrance doors. Each building would have a standing seam metal roof,
with a hip design, and dormers and gables over the main entrance(s). Per the zoning ordinance,
building height is limited to a maximum of 45 feet. Staff has suggested that the petitioner proffer
substantial conformance with the architectural design.
Screening and buffer yards are shown on the concept plan along the south and east boundaries
where the site adjoins R-l zoning. Where the proposed development adjoins Wentworth Road
right-of-way, the buffer yard is not required. However, staff has suggested that the petitioner
continue the typical buffer yard from the northeast corner to the proposed driveway, in order to
further screen the development from homes on Bower Road. The concept plan also shows a
dumpster located near the southeast comer of the site. Staff has suggested that the petitioner find
an alternative location for the dumpster, further away from adjoining residences.
2
Underground stormwater detention is proposed. Facilities would likely be located under the
parking lot closest to Electric Road.
AccessfTraffic Circulation - Access would continue by a driveway in the Wentworth Road right-
of-way. The existing driveway would be improved and a new commercial entrance would be
constructed to connect to Electric Road. Since Wentworth Road is dedicated for public use, the
new driveway must be designed and constructed to maintain access to the remainder of
Wentworth Road. VDOT staff have commented that commercial entrance plans will be
necessary to determine impacts to existing drainage facilities and to include possible turn lanes
from Electric Road. The proposed entrance is not located at a median cross-over, so vehicular
access would be right in and right out from the Wentworth Road driveway onto Electric Road.
Fire & RescuelUtilities - Fire and Rescue service would continue as currently provided from the
Cave Spring stations. The new buildings would require arumal fire marshall inspection. No
negative impacts are anticipated to fire and rescue services. Public water and sanitary sewer is
available for the proposed development. A 4-inch water line and 8-inch sanitary sewer line are
located along the Electric Road frontage. No negative impacts are anticipated to public water and
sanitary sewer services.
Community Meeting - A corrununity meeting was held on August 29, 2006 to discuss the
petition. Eight citizens attended. Most of those attending lived in homes directly adjoining the
property. Planning staff and the petitioners presented information about the legislative process
and the proposed site development plans and building plans. The citizens inquired about site
design, building design, screening and buffering, storm water management, and traffic access to
the site. Several neighbors offered suggestions about the proposed site and building plans, but
none voiced opposition to the proposal.
4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN
In the Roanoke County Community Plan, the site is designated Neighborhood Conservation, and
is adjacent to Electric Road frontage properties designated Transition. The Neighborhood
Conservation land use designation is a future land use designation where established single
family neighborhoods are delineated, and conservation of the existing development pattern is
encouraged. The proposed rezoning does not conform to the Neighborhood Conservation
designation. However, the property is located on a primary highway, with adequate public water
and sanitary sewer, and adjoins a new office development. In addition, the 1.26 acre site was not
platted as part of either of the adjoining residential subdivisions, and is accessed from Electric
Road, rather than through an existing neighborhood street. Because of the property's location
and land area, it is fairly debatable whether the redevelopment of the land should be for
residential or office use.
The 419 Frontage Development Plan, dated February 1987, is adopted by reference into the
Community Plan. The 419 Plan has goals, design guidelines and implementation strategies to
encourage quality economic development along Electric Road, and avoid haphazard strip
development of the corridor. The 419 Plan encourages buildings to be prominent from the public
street view, using the building architecture as a means of business advertisement. The 419 Plan
encourages building scale appropriate to the lot size and light pole height consistent with the
building scale. Parking lots located to the side and rear of the buildings, and landscaped front
yards are also encouraged. The proposed site plan incorporates many of these design features.
3
Other design features, such as architectural design, building height, and light pole height could be
presented as proffered conditions. The 419 Plan contains Future Land Use designations that are
tied to the Community Plan. The site is designated Neighborhood Conservation in the 419 Plan.
5. STAFF CONCLUSIONS
The proposed rezoning from R-l to C-l raises the question about what is the appropriate future
use of the property at 2404 Electric Road. The site has adequate public services and access from
a principal arterial, primary highway. The proposed site design has many features that conform
with the goals and strategies of the 419 Frontage Development Plan. Other site design features
may be proffered to ensure quality development. In the Roanoke County Community Plan, the
site is designated Neighborhood Conservation, and is adjacent to Electric Road frontage
properties designated Transition. The Neighborhood Conservation land use designation is a
future land use designation where established single family neighborhoods are delineated, and
conservation of the existing development pattern is encouraged. The Transition designation is a
future land use designation that encourages orderly development of highway frontage parcels.
Discussions about proffered conditions have taken place between staff and the petitioner.
However, at the time of this report, no proffered conditions have been submitted by the petitioner.
Ifthe Planning Commission chooses to recommend approval of the petition, it should be with
proffered conditions that address the following:
I) Conformance with the concept plan.
2) Architectural design
3) Additional screening and buffer yard along the north property line
4) Sign area and height
5) Exterior light fixture height
6) Dumpster location
7) Specific details for front yard landscaping
CASE NUMBER:
PREPARED BY:
HEARING
DATES:
24-09/2006
David Holladay
PC: 09/05/06
BOS: 09/26/06
Attachments:
Zoning Map
Future Land Use Map
Application Materials
R-I Zoning District Regulations
C-I Zoning District Regulations
4
~~(QO\ ~1)
County of Roanoke
Community Development
Planning & Zoning
For Staff Use Onl
,..
7 Z-r 06
Date received:
5204 Bernard Drive
POBox 29800
Roanoke, VA 24018-0798
(540) 772-2068 FAX (540) 776-7155
Application fee:
. rJD'1 ~ 00
PCfBZA date:
Placards issued:
BOS dale:
Check type of application filed (check all that apply)
~ Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-ZZ3Z) Review
6\'plicants name/address whip
K. Fralin Development Corp.Of~t4on
P .0: Box 6244 '
Christiansbur VA
Phone:
Work:
Cell #:
Fax No,:
(540) 381-9700
( 5110) 293- 1/14
( 540) 381- 3871
(540) 9.29 GJft33/J/-r1fp9/
Owner's name/address wlzip
William Herbert Liles II
2404 Electric Road '
Phone #:
Work:
Fax No, #:
Property Location
Magisterial Disnict: Wi ndsor Hi 11 s
Community Planning area: Wi ndsor Hi 11 S
Ex.isting Zoning: R 1
2404 Electric Road
Tax Map No.: 76. 11 - 0 1-17 .00
Sizeofparcel(s): Acres: 1.26
..,:'.' ..... '... . -...... ....'........ . ........ ..' .......... ...... ....." ........ . '. ....: -......,~.......;.,~.. -. . t _.............'.....;....;i
llEi(JJvtNG;srEff:jAt;'u'$E:PJi:kMT~;,wil,;
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Proposed Zoning: c-1 Offi ce Di stri ct
Proposed Land Use:Offi ce Bu i 1 din
Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district?
Yes l)i( No [I IF NO, A V ARIANCE IS REQUIRED FrRST.
Does the parcel meet the minimum criteria for the requested Use Type? Yes 'X No r.:
IF NO, A VARIANCE IS REQUIRED FIRST
If rezoning request, are conditions being proffered with this request?
.~AR~ANft:~JIf!Al,f#t!!:'A~'i1~M~&1~~~rl;~
Variance/Waiver of Section(s)
of the Roanoke County Zoning Ordinance in order to:
Appell] of Zoning Administrator's decision to
Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance
Appeal oflnterpretation of Zoning Map to
Is the application complete? Please check ifenclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS
ARE MISSING OR INCOMPLETE.
RlSIW ICP VI AA
~ Consultation
Application
Justification
J hereby certify that) am eitherthe owner of th
of the owner.
RJSIWICP V/AA RlSfWlCP VIAA
8 1/2" x '1" concept plan ~ Application fee
Metes and bounds descriphon Proffers, if applicable
Water and sewer application Adjoining property owners
~e o'1'~':;:;.t or ~a:~urchaser and am acting wlth the knowledge and consent
/cj;" ~ Owner's Signature
2
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. ~.' . ., . --, -' ','.. .. ,,' " -- -, ," ,". , ,-- "., -- . - -. .' . " , .. . . . -." . ....
JUSTIFICATioN FORREZo-NtNGssPECJAL]]SEPERMrr WAIVER QRCOMPpLAN (lSj-2232) REV.JEW .
. .... ..... ". "'.' .' .. " "REQUESTS . .... . ...... .... . '.> '. ..... ..,
Applicant R. Fra 1 in Deve 1 ooment Coroorat ion
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.
This request provides an attractive and appropriate office
development. This office complex is appropriately located along
a major arterial street (Route 419) and is located adjacent to
existing commercial development. This property serves as a logical
buffer between the neighboring residenba:l oroperties and Route 419
Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community
Plan.
This development does not promote strip/linear commercial
development, rather it provides an office comolex that is
designed around the contour of the land and provides extensive
screening and landscaping. Tasteful signage and a unified
architectural design will be provided.
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, parkslrecreation and fire and rescue.
This project will have the normal demands of any office
development on water, sewer and other utilities. Schools,
parks, and recreation will not be affected by this develooment.
A buffer with vegetative and architectural screening is '
proposed to mitigate any impact on the surrounding prooerties.
3
Community Development
Planning & Zoning Division
NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER,
PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION
PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver or Special Use Permit petition 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 IMP ACT STUDY
The Roanoke County Planning Commission reserves the right to continue a Rezoning,
Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County
Transportation Engineering Manager or staff from the Virginia Department of Transportation
requests further traffic analyses and/or a traffic impact study that would be beneficial in
making a land use decision (Note: a list of potential land uses and situations that would
necessitate further study is provided as part of this application package).
This continuance shall allow sufficient time for all necessary reviewing parties to evaluate
the required traffic analyses and/or traffic impact study and to provide written comments
and/or suggestions to the planning staff and the Planning Commission. If a continuance is
warranted, the applicant will be notified of the continuance and the newly scheduled public
hearing date.
Effective Date: April 19,2005
~ A2i'~ i-
Petitioner's Signature
7-,;)/- 0&
Date
Legal Description
Roanoke County Tax Map #76.11-1-17
Beginning at a point at the southeasterly intersection ofthe right-of-way line of Electric
Road (VA Route 419) and the right-of-way line of Wentworth Road, being the
northwesterly comer of a 1.26 acres tract; thence continuing along the southerly right-of-
way line of Wentworth Road N85004'00"E, 310.65 feet to a point at the most northerly
comer of Lot 4, Sugar Loaf East, Section 1, Block 1 (Plat Book 7, Page 20); thence
leaving said right-of-way line and continuing along the westerly line of said Lot 4
S 13018'00"E, 131.00 feet to a point at the northeasterly corner of Lot 3 of said Sugar
Loaf East; thence along the northerly line of Lot 3, Lot 2 & Lot 1 of said Sugar Loaf East
S64033'00"W, 286.64 feet to a point on the easterly right-of-way line of Electric Road;
thence leaving the line of Sugar Loaf East and continuing along the easterly right-of-way
line of Electric Road N33041 'OO"W, 27.85 feet to a point; thence N18002'00"W, 211.16
feet to the Point of Beginning, containing 1.26 acres as shown on survey entitled "Plat
Showing Property of William Herbert Liles, II & Rose Crocker Lilies" dated May 4,
1989 recorded in the Clerk's office of the circuit court of Roanoke County, Virginia in
Deed Book 1304, Page 1364.
lCOF~G~i>TrLA~ C~~C!SLIST
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 pennitted by the zoning district and other regulations.
A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance
applications. The plan should be prepared by a professional site 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:
A8- 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 f. The zoning and land use of all adjacent properties
-L g. All property lines and easements
h. All buildings, existing and proposed, and dimensions, floor area and heights
~ Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development
~], Dimensions and locations of all driveways, parking spaces and loading spaces
Additional information requiredfor REZONiNG and SPECIAL USE PERMiT APPLiCANTS
/ k. Existing utilities (water, sewer, storm drains) and connections at the site
/
_ I. 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.
~;/L lj,iJ cd ~
Signature of applicant
7-;1/- O?
Date
6
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ARTICLE III. DISTRJCT REGULATIONS
Page 1 of3
SEC. 30-41. R-1l0W DENSITY RESIDENTIAL DISTRICT.
Sec. 30-41-1. Purpose.
(A) The R-1, low density residential district is established for areas of the county within the
urban service area with existing low-middle density residential development, with an average
density of from one (1) to three (3) units per acre, and land which appears appropriate for such
development. These areas are generally consistent with the neighborhood conservation land
use category as recommended in the community plan. In addition, where surrounding
development and the level of public services warrant,these areas coincide with the development
category recommended in the plan. This district is intended to provide the highest degree of
protection from potentially incompatible uses and residential development of a significantly
different density, size, or scale, in order to maintain the health, safety, appearance and overall
quality of life of existing and future neighborhoods.
In addition to single-family residences, only uses of a community nature which are generally
deemed compatible are permitted in this district. This would include parks and playgrounds,
schools and other similar neighborhood activities.
(Ord. No. 042799-11, S 1f" 4-27-99)
Sec. 30-41-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent
standards are listed in Article IV, Use and Design Standards, for those specific uses.
1. Residential Uses
Home Occupation, Type I ·
Manufactured Home ·
Manufactured Home, Emergency *
Residential Human Care Facility
Single-Family Dwelling, Detached (For Zero Lot Line Option - *)
Single-Family Dwelling, Attached *
Single-Family Dwelling, Attached and Detached (Cluster Subdivision Option - *)
2. Civic Uses
Community Recreation ·
Park and Ride Facility *
Public Parks and Recreational Areas *
Utility Services, Minor
3. Miscellaneous Uses
Amateur Radio Tower ·
(8) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An
asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use
t...#_.III:J.~~....,A ,.,..."n;('n,-1". rf"lm/ml'l'fT)n~ View112222/1 /159/162
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ARTICLE III. DISTRICT REGULATIONS
Page 2 of3
and Design Standards, for those specific uses.
1. Agricultural and Forestry Uses
Stable, Private.
2. Residential Uses
Accessory Apartment *
Alternative Discharging Sewage System *
Home Beauty/Barber Sa/on *
Multiple Dog PermIt ·
3. Civic Uses
Cemetery ·
Crisis Center
Day Care Center *
Educational Facilities, Primary/Secondary ·
Family Day Care Home *
Religious Assembly ·
Utility Services, Major *
3.5. Commercial Uses
Bed and Breakfast *
4. Miscellaneous Uses
Outdoor Gatherings ·
(Ord. No. 42793-20, S 11,4-27-93; Ord. No. 62293-12,993,8,6-22-93; Ord. No. 82493-8, 92,8-24-93;
Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, 92,4-27-99; Ord. No. 042500-9, S II, 4-25-00; Ord.
No. 072605-7, 9 1, 7-26-05)
Sec. 30-41-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and DesIgn Standards.
(A)Minimum lot requirements.
1. All lots served by private well and sewage disposal systems:
a. Area: 0.75 acre (32,670 square feet).
b. Frontage: 90 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water:
a. Area: 20,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
3. AI/lots served by both public sewer and water:
a. Area: 7,200 square feet.
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ARTICLE III. DISTRICT REGULATIONS
Page 3 of3
b. Frontage: 60 feet on a publicly owned and maintained street.
(B}Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet.
b. Accessory structures: Behind the front building line.
2. Side yard:
a. Principal structures: 10 feet.
b. Accessory structures: 10 feet behind front building line or 3 feet behind rear
building line.
3. Rear yard:
a. Principal structures: 25 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
5. The expansion of a legally established nonconforming structure into the required
side or rear yard shall be permitted provided the expansion does not encroach into the
required yard any greater than the existing encroachment.
(C)Maximum height of structures.
1. Height limitations:
a. Principal structures: 45 feet.
b. Accessory structures: 15 feet, or 25 feet provided they comply with the
setback requirements for principal structures.
(D}Maximum coverage.
1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for
accessory buildings.
2. Lot coverage: 50 percent of the total lot area.
(Ord. No. 62293-12, ~ 10,6-22-93; Ord. No, 42694-12, ~ 8, 4-26-94)
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ARTICLE III. DISTRICT REGULATIONS
Page 1 of 3
SEC. 30-53. C-1 OFFICE DISTRICT.
Sec. 30~53-1. Purpose.
(A) The purpose of the C-1 Office District is to provide for the development of attractive and
efficient office uses in the urban service area which serve both community and county-wide
needs. The C-1 district allows for varying intensities of office development as part of either a
planned office complex or, to a limited degree, small scale office uses. Retail uses are
permitted, to a limited extent, where they are supportive of the office environment.
The C-1 districts are most appropriately found along or near major arterial streets where existing
commercial development has occurred and/or where commercial zoning has been established,
or near existing residential development where it would serve as a logical buffer strip between
conflicting land use types.
Land uses permitted in the C-1 Office District are generally consistent with the
recommendations forth in the Transition and Core land use categories of the Comprehensive
Development Plan. Site development standards are intended to ensure compatibility with
adjacent land uses.
Sec. 30-53-2. Permitted Uses.
(A) The following uses are permitted by right subject to all other applicable requirements
contained in this ordinance. An asterisk ("') indicates additional, modified or more stringent
standards are listed in Article IV, Use and Design Standards, for those specific uses.
1, Residentia/ Uses
Accessory Apartment.
Home Beauty/Barber Salon ·
Home Occupation, Type I '"
Multi-family Dwelling ·
Two-family Dwelling.
2. Civic Uses
Administrative Services
Clubs
Cultural Services
Day Care Center '"
Educational Facilities, College/University
Educational Facilities, Primary/Secondary ·
Guidance Services
Park and Ride Facility ·
Post Office
Public Parks and Recreational Areas '"
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ARTICLE III. DISTRICT REGULATIONS
Page 2 of3
Safety Services ·
Utility Services, Minor
3. Office Uses
Financial Institutions ·
General Office
Medical Office
4. Commercial Uses
Business Support Services
Business or Trade Schools
Communications Services
Personal Services
Studio, Fine Arts
Veterinary Hospital/Clinic
5. Miscellaneous Uses
Amateur Radio Tower ·
Parking Facility ·
(B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19, An
asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use
and Design Standards, for those specific uses.
1. Civic Uses
Religious Assembly *
Utility Services, Major *
2. Office Uses
Laboratories
3. Commercial Uses
Commercial Indoor Sports and Recreation
4. Industrial Uses
Landfill, Rubble ·
5. Miscellaneous Uses
Broadcasting Tower *
Outdoor Gatherings *
(Ord. No. 82493-8, S 2,8-24-93; Ord. No. 042799-11, S 2, 4-27-99; Ord. No. 042203-13, S 1,4-22-03)
Sec. 30-53-3. Site Development Regulations.
General Standards. For additional, modified, or more stringent standards for specific uses, see
Article IV, Use and Design Standards.
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ARTICLE m. DISTRlCT REGULATIONS
Page 3 of 3
(A) Minimum lot requirements.
1. Lots served by private well and sewage disposal system;
a. Area: 1 acre (43,560 square feet).
b, Frontage: 100 feet on a publicly owned and maintained street.
2. Lots served by either public sewer or water, or both:
a. Area: 15,000 square feet.
b. Frontage: 75 feet on a publicly owned and maintained street.
(B)Minimum setback requirements.
1. Front yard:
a. Principal structures: 30 feet, or 20 feet when all parking is located behind the
front building line.
b. Accessory structures: Behind front building line.
2, Side yard:
a. Principal structures: 10 feet on anyone side, with a combined total on both
sides of at least 25 feet.
b, Accessory structures: 10 feet behind the front building line, or 3 feet behind
rear building line.
3. Rear yard:
a. Principal structures: 15 feet.
b. Accessory structures: 3 feet.
4. Where a lot fronts on more than one street, front yard setbacks shall apply to all
streets.
(C)Maximum height of structures.
1. Height limitations:
a. Principal structures: When adjoining property zoned R~1 or R-2, 45 feet,
including rooftop mechanical equipment. The maximum height may be increased,
provided each required side and rear yard adjoining the R-1 or R-2 district is
increased two feet for each foot in height over 45 feet. In all other locations the
height is unlimited unless otherwise restricted by this ordinance.
b. Accessory structures: 15 feet.
(D)Maximum coverage.
1. Building coverage: 50 percent of the total lot area.
2. Lot coverage: 80 percent of the total lot area.
(Ord. No. 62293-12, 9 10,6-22-93)
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ROANOKE COUNTY, VA
DATE:B-29-06
SCALE:1 "=30'
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER, TUESDAY, SEPTEMBER 26, 2006
ORDINANCE TO REZONE 1.26 ACRES FROM R.1 LOW DENSITY
RESIDENTIAL DISTRICT TO C.1, OFFICE DISTRICT TO CONSTRUCT
TWO OFFICE BUILDINGS AT 2404 ELECTRIC ROAD, WINDSOR HILLS
MAGISTERIAL DISTRICT.
WHEREAS, the first reading of this ordinance was held on August 22,2006, and the
second reading and public hearing were held September 26, 2006; and,
WHEREAS, the Roanoke County Planning Commission held a public hearing on
this matter on September 5, 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 1.26
acre, as described herein, and located at 2404 Electric Road, (Tax Map Number 76.11-01-
17.00) in the Low Density Residential District to the zoning classification C-1, Office
District, with conditions.
2. That this action is taken upon the application of R. Fralin Development
Corporation.
3. That the owner of the property, William Herbert Liles, II, has voluntarily
proffered in writing the following conditions which the Board of Supervisors of Roanoke
County, Virginia, hereby accepts:
i. The site will be developed in substantial conformance with the Site
Plan dated 8-29-06, titled "Wentworth Office Park", prepared by Balzer and
Associates, Inc.
1
ii. The building will be developed in general conformance with the
Architectural Rendering dated 8-29-06, titled "Wentworth Office Park", prepared by
Balzer and Associates, Inc.
iii. All parking lot lighting shall be post top fixtures no more than 12'
tall with fully concealed fixtures and arranged so glare is not cast onto the
adjoining properties.
iv. The dumpster shall be serviced between 7 a.m. and 10 p.m. and
in accordance with the Roanoke County Noise Ordinance.
v. The proposed fencing shall be a minimum of 6 feet tall and the
side of the fence facing the adjoining properties shall be finished.
vi. The proposed sign shall be a monument style sign and shall be
designed to generally match the architecture and materials of the buildings.
vii. A minimum of 6 street trees and 35 shrubs will be planted along
the Rt. 419 Right of Way.
viii. A safety fence shall be installed along the perimeter of the
retaining wall.
4. That said real estate is more fully described as follows:
Beginning at a point at the southeasterly intersection of the right-of-way line of
Electric Road (VA Route 419) and the right-of-way line of Wentworth Road, being the
northwesterly corner of a 1.26 acres tract; thence continuing along the southerly right-of-
way line of Wentworth Road N 85004'00" E, 310.65 feet to a point at the most northerly
corner of Lot 4, Sugar Loaf East, Section 1, Block 1 (Plat Book 7, Page 20); thence leaving
said right-of-way line and continuing along the westerly line of said Lot 4 S 13018' 00" E.
131.00 feet to a point at the northeasterly corner of Lot 3 of said Sugar Loaf East; thence
along the northerly line of Lot 3, Lot 2 & Lot 1 of said Sugar Loaf East S 640 33' 00" W,
286.64 feet to a point on the easterly right-of-way line of Electric Road; thence leaving the
line of Sugar Loaf East and continuing along the easterly right-of-way line of Electric Road
N 33041' 00" W, 27.85 feet to a point; thence N 180 02' 00" W, 211 .16 feet to the Point of
Beginning, containing 1.26 acres as shown on survey entitled "Plat Showing Property of
William Herbert Liles, II & Rose Crocker Liles" dated May 4, 1989 recorded in the Clerk's
Office of the Circuit Court of Roanoke County, Virginia in Deed Book 1304, Page 1364.
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
.
R. Fralin
R1
C1
Tax Number: 076.11-01-17.00-0000
District: Windsor Hills Area: 1~-L
___ 24, 2006
ACTION NO.
5-1-\
ITEM NO.
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Second reading of an ordinance to vacate, quit-claim and
release a 15' width drainage easement and a variable width
waterline easement and to accept dedication of a new 15'
width drainage easement and new variable width waterline
easement over property currently owned by R. Fralin
Development Corporation located in the Hanging Rock Terrace
subdivision, Catawba Magisterial District
SUBMITTED BY:
Arnold Covey
Director of Community Development
Elmer C. Hodge ~ J4-+-
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
The petitioner, R. Fralin Development Corporation, current owner of the subject properties
located in Hanging Rock Terrace subdivision in the Catawba Magisterial District, requests
the Board of Supervisors to vacate, quit-claim and release a fifteen foot (15') width
drainage easement and a variable width waterline easement and to accept the dedication
of a new fifteen foot (15') width drainage easement and variable width waterline easement,
as shown on Exhibit A-2 and B-2. The existing fifteen foot (15') width drainage easement
and existing variable width waterline easement were originally dedicated to the public by
recorded subdivision plat recorded in Plat Book 28, Page 128, as shown on Exhibit A-1 and
B-1. The new fifteen foot (15') width drainage easement will cross the property of R. Fralin
Development Corporation located on Connors Run, as identified by Tax Map Number
035.04-07 -15.00-0000. The new variable width waterline easement would cross the same
parcel and an abutting parcel owned by R. Fralin Development Corporation located on
Connors Run, identified by Tax Map Numbers 035.00-01-27.01-0000 and 035.04-07-15.00-
0000.
The Department of Environmental Quality and the Army Corps of Engineers has required
the petitioner to re-align the roadway of this new development to ensure protection of an
adjacent creek. In turn, this re-alignment of the roadway requires the re-alignment of the
public utilities. Therefore, the petitioner requests that the existing fifteen foot (15') width
drainage easement and variable width waterline easement be vacated and a new fifteen
foot (15') width drainage easement and variable width waterline easement be dedicated in
order to re-align the new roadway per state agency requirements.
County staff has reviewed and approved the amendments to the stormwater drainage
piping and structures and has determined that the petitioner's request will not have an
adverse impact on the drainage in that location. Additionally, the Western Virginia Water
Authority has reviewed and approved the amendment to the waterline system and has
determined that the petitioner's request will not have an adverse impact on the water
system in that location.
FISCAL IMPACT:
R. Fralin Development Corporation will be responsible for all costs associated with the
vacation and dedication of the fifteen foot (15') width drainage easement and variable width
waterline easement and the recordation of the ordinance.
ALTERNATIVES:
1. Approve the second reading of the proposed ordinance to vacate the drainage and
waterline easement shown on the attached plat and accept the new fifteen foot (15')
width drainage easement and variable width waterline easement as shown on the plat.
2. Decline to approve the vacation of the drainage and waterline easement and
acceptance of the new fifteen foot (15') width drainage easement and variable width
waterline 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, SEPTEMBER 26,2006
ORDINANCE TO VACATE, QUIT-CLAIM AND RELEASE A FIFTEEN
FOOT WIDTH DRAINAGE EASEMENT AND A VARIABLE WIDTH
WATERLINE EASEMENT DEDICATED IN PLAT BOOK 28, PAGE 128,
AND TO ACCEPT DEDICATION OF A NEW FIFTEEN FOOT WIDTH
DRAINAGE EASEMENT AND NEW VARIABLE WIDTH WATERLINE
EASEMENT OVER PROPERTY CURRENTLY OWNED BY R. FRALIN
DEVELOPMENT CORPORATION (TAX MAP NUMBERS 035.00-00-01-
27.01 AND 35.04-07-15.00), LOCATED IN HANGING ROCK
TERRANCE SUBDIVISION IN THE CATAWBA MAGISTERIAL
DISTRICT
WHEREAS, by an approved subdivision plat recorded in the Clerk's Office of the
Circuit Court of Roanoke County, Virginia, in Plat Book 28, page 128, R. Fralin
Development Corporation, as owner of the property designated on the Roanoke County
Land Records as Tax Map No. 35.04-07-15.00, conveyed to the Board of Supervisors of
Roanoke County, Virginia, a fifteen (15') foot width drainage easement and a variable
width waterline easement as depicted on Exhibits "A-1" & "A-2", "EASEMENT
VACATION SKETCH FOR R. FRALIN DEVELOPMENT CORPORATION SHOWING
THE VACATION OF PUBLIC WATER LINE EASEMENTS AND A 15' PUBLIC
DRAINAGE EASEMENT ON "REVISED STORMWATER MANAGEMENT AREA"
HANGING ROCK TERRACE, SECTION 2, PLAT BOOK 30, PAGE 120, CATAWBA
MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA", prepared by Balzer and
Associates, dated August 30, 2006.
WHEREAS, R. Fralin Development Corporation is the current owner of Section 1
and Section 2, Hanging Rock Terrace Subdivision, and the subject property is located
adjacent to Conners Run, a dedicated public right-of-way in the Catawba Magisterial
District, and is now designated upon the Roanoke County Land Records as Tax Map
Nos. 35.04-07-15 and 35.00-01-27; and,
WHEREAS, the Petitioner, R. Fralin Development Corporation, as the current
owner of these properties, has requested that the Board of Supervisors vacate, quit-
claim and release the above-described existing fifteen (15') foot width drainage
easement and variable width waterline easement and accept the dedication of a new
fifteen (15') foot width drainage easement and variable width waterline easement (as
shown on Exhibits A-1, A-2, B-1 and B-2 attached hereto); and,
WHEREAS, this vacation will not involve any cost to the County and the affected
County departments have raised no objection; and,
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 September 12, 2006, and a
second reading and public hearing were held on September 26,2006.
2. That pursuant to the provisions of Section 16.01 of the Charter of
Roanoke County, the subject real estate (portions of public drainage easement and
waterline easement) 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 (15') foot width drainage easement and variable width
waterline easement across property of R. Fralin Development Corporation in Section 1
2
and Section 2, Hanging Rock Terrace subdivision, located adjacent to Conners Run
right-of-way in the Catawba Magisterial District of the County of Roanoke, designated
as "EXISTING 15' PUBLIC D.E. AS SHOWN ON 'HANGING ROCK TERRACE'
SECTION 1, P.B. 28, PG.128 TO BE VACATED and EXISTING 13.5 PUBLIC W.L.E.
& PORTION OF 20' PUBLIC W.L.E. AS SHOWN ON 'HANGING ROCK TERRACE'
SECTION 1, P.B. 28, PG. 128, TO BE VACATED" on Exhibits A-1 & A-2 attached
hereto, is hereby authorized and approved.
4. That, subject to the following conditions, the acceptance of a new fifteen
(15') foot drainage easement and variable width water line easement across property of
R. Fralin Development Corporation, Sections 1 & 2, Hanging Rock Terrace subdivision,
located adjacent to Conners Run public right-of-way in the Catawba Magisterial District
of the County of Roanoke, designated as "NEW 15' PUBLIC D.E. AS SHOWN ON
'HANGING ROCK TERRACE' SECTION 2, P.B. 30, PG. 120 and NEW 13.5 PUBLIC
W.L.E. & PORTION OF 20' PUBLIC W.L.E. AS SHOWN ON 'HANGING ROCK
TERRACE' SECTION 2, P.B. 30, PG 120" on Exhibits B-1 & B-2, attached hereto, is
hereby authorized and approved.
5. That Petitioner, R. Fralin Development Corporation shall be responsible
for all costs and expenses associated herewith, including but not limited to, all costs
associated with the establishment of an easements, alternative drainage system,
surveys, 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
3
necessary to accomplish this vacation, quit-claim, and release, and dedication of new
easements, 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.
4
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ACTION NO.
ITEM NO. :] -5
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER
MEETING DATE:
September 26, 2006
AGENDA ITEM:
Second reading of an ordinance amending Section 5-29.
"Same-Impoundment" of Article II. "Dogs, Cats and Other
Animals" of Chapter 5. "Animals and Fowl" to increase the daily
impoundment fee charged by Roanoke County from $8.75 to
$10.00 per day per animal and to increase the pickup fee for
the first offense from $20 to $25
SUBMITTED BY:
Ray Lavinder
Chief of Police
ElmerC.Hodge ~ fr~
County Administrator
APPROVED BY:
COUNTY ADMINISTRATOR'S COMMENTS:
~~
SUMMARY OF INFORMATION:
When animal control officers are required to pick up and kennel a domestic animal, the
animal owners are assessed a fee by the locality. The current fee structure for the
localities utilizing the Roanoke Valley SPCA is shown in the chart below:
Localit Fee Pick U 1st Pick U 2" 3r and t
Roanoke Count 8.75 20.00 35.00 50.00
Roanoke Cit 10.00 25.00 35.00 50.00
Vinton 10.00 25.00 35.00 50.00
Botetourt 10.00 20.00 30.00 40.00
The Police Department requests to adjust the daily boarding fee from $8.75 to $10.00 and
the first infraction pick up fee from $20.00 to $25.00. This fee increase will be used to
cover the increase in fees paid to the Roanoke Valley SPCA who operates the animal
shelter on behalf of Roanoke County and other Roanoke Valley governments.
1
The first reading of the attached ordinance was held on August 22. If approved, the fee
increase would become effective upon approval of the second reading of the ordinance on
September 26.
FISCAL IMPACT:
The Police Department budgeted $198,000 to cover costs associated with its use of the
SPCA. An increase in this year's contract costs to be paid to the SPCA indicates the end of
year expenditures will be $212,000, a $14,000 shortfall. In an effort to offset this
deficiency, the Police Department seeks a nominal increase in the boarding and pick up
fees bringing those fees to the same level that most of the other municipalities assess to
minimize our budget deficit.
STAFF RECOMMENDATION:
Staff recommends adoption of the attached ordinance to amend the fees charged for the
pickup and boarding of animals effective September 26, 2006.
2
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, SEPTEMBER 26, 2006
ORDINANCE AMENDING SECTION 5-29. "SAME-IMPOUNDMENT" OF
ARTICLE II. "DOGS, CATS AND OTHER ANIMALS" OF CHAPTER 5.
"ANIMALS AND FOWL" TO INCREASE THE DAILY IMPOUNDMENT
FEE CHARGED BY ROANOKE COUNTY FROM $8.75 TO $10.00 PER
DAY PER ANIMAL AND TO INCREASE THE PICKUP FEE FOR THE
FIRST OFFENSE FROM $20.00 TO $25.00
WHEREAS, the Roanoke Valley Society for the Prevention of Cruelty to Animals,
Inc. provides housing, care, disposal, and adoption services for animals for several local
governments in the Roanoke Valley; and
WH EREAS, operating costs for the RVSPCA are offset by charging the
participating localities a per animal per diem fee to provide these services; and
WHEREAS, the RVSPCA has increased its fee from $8.75 to $10.00 per day per
animal causing a deficit in the amount budgeted by the Police Department to cover
costs associated with its use of the RVSPCA facilities.
NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke
County as follows:
1. That Section 5-29. Same-Impoundment be, and hereby is, amended to
read and provide as follows:
Article II. Dogs, Cats and Other Animals.
Sec. 5-29. Same--Impoundment.
(a) It shall be the duty of the community service officer or other officer to cause any
dog found running at large in violation of section 5-28 or any dog or cat creating an
animal nuisance in the presence of the officer as defined by section 5-21 to be caught
and confined in the county animal shelter. Every reasonable effort shall be made on the
part of the community service officer or other officer to determine the ownership of an
animal so confined if the animal has an identifying collar, tag, license or tattooed
1
identification or electronic implant and to notify the owner of its whereabouts. Such
officer shall make a reasonable effort within forty-eight (48) hours of the animal's
confinement to notify any owner who may be readily identified of such confinement.
(b) A dog or cat or other domestic animal confined under this section or other lawful
authority may be claimed by the rightful owner after displaying proof of ownership, a
current dog or cat license and proof of current rabies inoculation of the animal. No dog
or cat shall be released to any person claiming ownership, unless such license and
proof have been displayed.
(c) An owner claiming his animal pursuant to subsection (b) above shall be required to
pay the actual expense incurred by the county in keeping the animal confined. Such
payment shall be made to the custodial officer at the time of the release of the animal. It
shall be the duty of the custodial officer to furnish the owner with a written receipt for
such payment, in a form and manner approved by the board of supervisors. Such officer
shall keep a carbon copy of all such receipts in a bound book, which shall be turned
over to the county treasurer when the book is filled and shall be subject to audit by
representatives of the board of supervisors whenever requested. In the event any
domestic animal confined at county expense is sold, an amount equal to the actual
expense incurred by the county in keeping the animal confined shall be deducted from
the sale proceeds as funds payable pursuant to this subsection. Any funds collected
pursuant to this subsection shall be remitted to the police department's animal
impoundment account. No payment made under this subsection shall relieve the owner
from prosecution for violating section 5-28.
(d) Any animal confined pursuant to this section shall be kept for a period of not less
than five (5) days, commencing on the day immediately following the day such animal is
initially confined, unless sooner claimed by its rightful owner or such owner has
surrendered all property rights in such animal, before it may be disposed of. Any animal
whose identity may be readily identified shall be kept for an additional period of five (5)
days or a total of ten (10) days, before it may be disposed of or delivered to an
individual for adoption and payment of all required fees.
(e) A pickup fee of twonty dollars ($20.00) twenty-five dollars ($25.00) for the first
offense, thirty-five dollars ($35.00) for the second offense, and fifty dollars ($50.00) for
the third offense shall be imposed in addition to the normal board fee of ten dollars
($10.00) eight and throe quarters dollars ($8.75) per day when any dog or cat or
domestic animal is claimed by its owner or custodian. All such fees shall constitute a
civil debt owning to the county and may be enforced against such owner or custodian by
civil warrant, suit or action at law or other legal proceeding.
(f) Feral dogs or cats not bearing identification which exhibits behavior that poses a
risk of physical injury to any person confining the animal will be confined for a period of
not less than three (3) day before being euthanized in accordance with Section 3.1-
796.96 of the Code of Virginia, 1950, as amended.
2
2. That this ordinance shall be in full force and effect from and after its
passage.
3