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HomeMy WebLinkAbout11/14/2006 - Regular November 14, 2006 955 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 November 14, 2006 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday and the first regularly scheduled meeting of the month of November 2006. IN RE: CALL TO ORDER Chairman Wray called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Michael A. Wray, Vice-Chairman Joseph P. McNamara, Supervisors Michael W. Altizer, Joseph B. "Butch" Church, Richard C. Flora MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; John M. Chambliss, Assistant County Administrator; Dan O'Donnell, Assistant County Administrator; Diane S. Childers, Clerk to the Board; Teresa Hamilton Hall, Public Information Officer IN RE: OPENING CEREMONIES The invocation was given by Reverend Mark Graham, St. John's Evangelical Lutheran Church. The Pledge of Allegiance was recited by all present. IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS Chairman Wray recognized Sarah Franklin, honored County citizen, who was in attendance at the meeting. 956 November 14, 2006 ~ Reco~:mition of the followinQ awards received .Qy the County of Roanoke and Roanoke County Schools for the development of ~ ioint capital improvement fundinQ plan: (a) Virginia Municipal League 2006 Achievement Award (b) Virginia Government Finance Officers Association 2006 Innovations in Government Finance Award Chairman Wray recognized the following individuals: Diane D. Hyatt, Chief Financial Officer; and Penny L. Hodge, Assistant Superintendent of Finance - Schools. 2. RecoQnition of Roanoke County Schools for beinQ the first school system in the State of VirQinia to be accredited .Qy the Southern Association of ColleQes and Schools Council on Accreditation and School Improvement Chairman Wray presented the certificate of recognition to Dr. Lorraine Lange, Superintendent of Roanoke County Schools. 3. Proclamation declarinQ November 12 throuQh 18. 2006. as American Education Week in the County of Roanoke Chairman Wray presented the proclamation to Dr. Lorraine Lange, Superintendent of Roanoke County Schools. November 14, 2006 957 4. Certificate of Recoanition to Rebecca E. Owens upon her installation as the 2006 President of the Virainia Government Finance Officers Association Chairman Wray presented the certificate of recognition to Rebecca E. Owens, Director of Finance. IN RE: NEW BUSINESS 1. Resolution acceptina for publication and conceptual phase consideration the unsolicited proposal from First Choice Public Private Partners for the development of ! multi-aenerational recreation center under the Public Private Education Facilities and Infrastructure Act (PPEA) of 2002. (Elmer C. Hodae. County Administrator: Dan O'Donnell. Assistant County Administrator: Pete Haislip. Director of Parks. Recreation and Tourism) R-111406-1 Mr. Hodge recognized Ray Booth, English Construction Company, and stated that Mr. Booth was present to answer questions. Mr. Hodge reported that First Choice Public Private Partners has submitted a Part I PPEA proposal and that it is recommended that the County accept this proposal and move it forward into a more defined scope of work phase. He advised that this is a follow-up to the September 12 meeting wherein a request was made to the Board to move forward with this proposal. He indicated that Doug Dalton, President of English Construction Company, was 958 November 14, 2006 present at that meeting and he stated that a public recreation center would serve as an excellent anchor for the proposed new business park. Mr. Hodge advised that there are two components of this process that will move forward in parallel: (1) Public recreation center - if the PPEA proposal for the public recreation center is accepted today, the County will then further define the components and quality of the project and negotiate a price that will be brought back to the Board. This will occur over a period of approximately six months and will involve input from the Board and other organizations that may be interested in participating in this project. Mr. Hodge stated that staff will evaluate all proposals and organizations that wish to be a part of this project. (2) Development of a plan for the business park - Mr. Hodge stated that staff met today with English Construction Company and a prospect that is considering locating their business at the site. He indicated that the proposed public recreation center would be part of the 200-acre business park located along 1-81 and 1-581. He noted that the property is owned by English Construction Company and that an asphalt plant is currently located on the site. He advised that English Construction Company has committed to relocating the asphalt plant and this will be included as part of a plan that will be developed and brought back to the Board. He stated that staff has developed revenue projections for the proposed business park based on existing revenues from Valley Pointe, which is the entrance to the new park. Mr. Hodge advised that Valley Pointe generates approximately $500,000 per year in tax revenue, and the new park could potentially generate $2 to $2.5 million per year in projected revenues, depending November 14, 2006 959 on the businesses that locate in the park. He noted that English Construction Company is in the process of developing a master plan for the new business park, as well as developing financial projections that will be brought back to the Board. He stated that these two processes are proceeding in parallel, and staff believes that the recreation center will support the County's tax base, assist with sports marketing efforts, and provide employment opportunities for the region. Mr. O'Donnell stated that the specific issue to be considered by the Board is the formal acceptance of the Part One (conceptual stage) PPEA proposal for review. If the Board votes to formally accept the proposal, the review process will officially begin. He stated that upon approval of the resolution, the County must publish a notice within 10 days inviting competing firms to submit additional Part One proposals for a multi-generational recreation center. He noted that also within that ten day period, Mr. Mahoney would have to determine which portions of this proposal are proprietary. Mr. O'Donnell advised that the County must allow a minimum of 45 days from the publication of the advertisement for competing firms to submit additional proposals. He stated that at the Board retreat held on November 12, several Board members expressed concern that 45 days was not sufficient. Mr. O'Donnell stated that the 75 day time period used with the Public Safety Building PPEA process allows competing firms a better opportunity to submit proposals; therefore, staff is recommending that the date in Item #4 of the resolution be changed from January 16, 2007, to February 6,2007. 960 November 14, 2006 Mr. O'Donnell advised that after a review of the original proposal and any competing proposals, the Board will vote to move one, several, or none of the proposals to Part Two (detailed design) proposal development. Mr. O'Donnell indicated that the approval of this resolution is an important first step in moving towards providing much needed recreational services as well as securing an anchor for the proposed new business park. By approving the resolution, the Board will not only be moving the multi- generational recreation center project forward, but will be showing our citizens and business community that Roanoke County is serious about economic development and developing new business opportunities. Mr. O'Donnell stated that if the Board decides to move the proposal forward to the formal review, this begins the process that will allow competing firms to submit proposals for the multi-generational recreation center. Mr. Haislip reported that the Parks, Recreation and Tourism (PR&T) Department embarked on a comprehensive master planning process approximately one year ago. He indicated that community meetings were held throughout Roanoke County, as well as stakeholder interviews with the County's partners in parks and recreation, focus groups, and an attitude and interest survey was conducted. He stated that this was a positive process and the results indicate that while citizens are happy with the quality of services being provided, there are some needs not being met. He noted that greenways and trails scored high in the survey and this was not a surprise. He indicated that we all understand the importance of greenways and trails, and he noted that the Greenway Commission has done a good job in promoting this concept. November 14, 2006 961 He indicated, however, that the level of support for indoor recreation programs and facilities was a surprise and noted that this demand is not currently being met. Mr. Haislip stated that the survey results showed strong support for indoor swimming pools, health and wellness programs for adult and youth, learn to swim programs, water fitness, birthday party facilities, and senior adult programs. He advised that 41 % of survey respondents were age 55 or older and that 63% are 45 years of age or older. He noted that this reflects the changing demographics of Roanoke County and the type of services that citizens want. He stated that people are living longer, want a high quality of life, and place an emphasis on health and fitness opportunities. He stated that 33% of survey respondents have been Roanoke County residents for over 30 years. Mr. Haislip referenced the County's sports marketing initiatives and indicated that this facility will assist in these efforts. He stated that the proposed location near 1-81 and 1- 581 is accessible to more Roanoke County residents than any other site that could be identified, and he also noted that survey respondents indicated that there was a lack of this type of facility in North Roanoke County. He advised that public meetings will be held on November 28 and November 30 to obtain community input on the master plan. Supervisor McNamara stated that based on discussions at the retreat, it was decided that if the unsolicited proposal was accepted and the project is made available for bid, the County would create an option that would include a 50-meter pool for the multi-generational center. He asked if this is still the part of the plan being considered. Mr. Hodge responded in the affirmative but noted that one area that has 962 November 14, 2006 shown greater support is competitive swimming as opposed to recreational swimming. Supervisor McNamara inquired if there will be a bid option that includes a 50-meter pool. Mr. Hodge advised that since this is a PPEA project and not a bid project, the County will put together a scope of work that will list all the necessary components of the projects. He stated that the Board can select from the various components based on the price. Supervisor McNamara asked if a 50-meter competitive pool will be one of those components. Mr. Hodge advised that it will be one of the components. Supervisor Church stated that this type of facility will be a bonus for the Roanoke Valley that will attract new businesses. He noted that young people frequently choose to leave the Roanoke Valley once they graduate from college, and he indicated that our region does not currently offer the amenities that the youth are looking for in terms of job opportunities. This facility, however, presents the possibility for Roanoke County to do something out of the norm and to reach out to citizens of all ages. Supervisor Altizer stated that he is pleased that the County is holding community meetings for citizens to learn more about this concept. He noted that citizens in his district have voiced support for the proposed project. He indicated that he feels there is a "disconnect" in the information being presented to the public, and he noted that the multi-generational recreation center encompasses more than just fitness programs. Supervisor Wray indicated that greenways and trails were ranked number one on the master plan survey list, and he questioned how these needs will be November 14, 2006 963 incorporated. Mr. Haislip advised that Mr. Dalton has described a state-of-the-art, campus-like business park that will feature walking trails and will produce a first class development. He stated that he sees a connection between the multi-generational recreation center and the surrounding trails and businesses. Ray Booth, English Construction Company, stated that there will be trails throughout the park, and he noted that the site lends itself to this type of development due to the existing lake, streams, and views. Supervisor Wray questioned where the County stands with respect to greenways and trails. Mr. Haislip advised that staff is addressing the recommendations contained in the master plan survey via a two-pronged approach: (1) The Greenway Commission has ranked completion of the Roanoke River Greenway as their number one priority. He stated that focus should be placed on the acquisition of easements for completion of this project. (2) Concurrently, Roanoke County has identified eight to nine miles of trails within County neighborhoods for completion. Supervisor Wray inquired if the County is working with other organizations throughout the Valley as we move forward with this proposed project. Mr. Haislip stated that if a partnership makes sense, Roanoke County is open to considering it. Mr. Hodge noted that the master plan process involved a large amount of research and that the results provided us with plans that have been proven successful in other localities. Based on this information, the County needs to evaluate and tailor our approach to our 964 November 14, 2006 community. He noted that citizen involvement has been encouraged through all phases of this process, and the proposed project will proceed based on feasibility. Supervisor Wray inquired about the community meeting dates. Mr. Haislip outlined the following meeting dates: November 28 at 7:00 p.m. at Northside High School, and November 30 at 7:00 p.m. at Cave Spring High School. He further advised that additional meetings have tentatively been scheduled for December 14 and December 18 in East County. Mr. Haislip also indicated that staff has already proceeded with implementing some of the recommendations contained in the survey results. Supervisor Flora moved to adopt the resolution with an amendment to Item 4 allowing proposals to be submitted on or prior to February 6, 2007. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 111406-1 ACCEPTING FOR PUBLICATION AND CONCEPTUAL PHASE CONSIDERATION OF THE UNSOLICITED PROPOSAL FROM FIRST CHOICE PUBLIC PRIVATE PARTNERS FOR THE DEVELOPMENT OF A NEW MULTI-GENERATIONAL RECREATION CENTER UNDER THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) allows Roanoke County to create a public-private partnership to develop projects for public use; and WHEREAS, by Resolution 051303-4, the Board of Supervisors of Roanoke County adopted procedures for the implementation of the PPEA by Roanoke County which were amended by Resolution 092606-2.c; and November 14, 2006 965 WHEREAS First Choice Public Private Partners has submitted an unsolicited proposal under the provisions of the PPEA to construct a multi-generational recreation center for Roanoke County; and WHEREAS, the County Administrator has received the unsolicited proposal and has recommended to the Board of Supervisors this unsolicited proposal be formally accepted for review, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there is a public need for a multi-generational recreation center for Roanoke County. 2. That it chooses to accept the First Choice Public Private Partners' unsolicited proposal for publication and conceptual phase consideration. 3. That it will proceed to use procedures developed that are consistent with procurement of other than professional services through "competitive negotiation", since doing so is likely to be advantageous to the County and the public based upon either (1) the probable scope, complexity or urgency of need, or (ii) the risk sharing, added value, increase in funding or economic benefit from the project would otherwise not be available. The scope and complexity of the development of a multi-generational recreational center requires an innovative approach, such as competitive negotiation, to the design and construction of a new building to address the recreational needs of the citizens of Roanoke County. The scope and complexity of the development of this project are such that competitive negotiation is necessary. 4. That the County Administrator, or an Assistant County Administrator, is directed to post and publish the required notice thus allowing an opportunity for competing preliminary proposals be submitted. Due to the complexity of the proposed project, the holiday season and the County's desire to encourage competition, the notice shall state that competing proposals must be submitted on or prior to February 6, 2007 to be considered, rather than the minimum of 45 days allowed by the Commonwealth of Virginia's Public Private Educational Facilities and Infrastructure Act. The County Administrator is also authorized and directed to take such other actions as may be necessary to implement this resolution. On motion of Supervisor Flora to adopt the resolution with an amendment to Item 4 allowing proposals to be submitted on or prior to February 6,2007, and carried by the following recorded vote: 966 November 14, 2006 AYES: NAYS: Supervisors McNamara, Church, Altizer, Flora, Wray None 2. Resolution endorsina ! arant application ~ the Virainia Museum of Transportation for ! transportation enhancement proiect and authorizina the County to act as sponsor for this proiect. (Elmer C. Hodae. County Administrator) R-111406-2 Mr. Hodge advised that this is a request for Roanoke County to sponsor a T-21 transportation enhancement grant for the Virginia Museum of Transportation. He advised that the grant is made available from the Federal Highway Administration through the Virginia Department of Transportation (VDOT). He stated that the $262,300 capital grant has already been submitted to the state due to a filing deadline, and the Transportation Museum is now seeking the endorsement of a locality. Mr. Hodge indicated that the grant will be used to purchase new doors and to install a fire suppression system, and that the matching funds for the grant will be provided by the Transportation Museum. He stated that the County's Finance Department will provide financial oversight for this pass-through grant. Diane Hyatt, Chief Financial Officer, stated that since T-21 grants can only be awarded to local governments, the funds would be awarded to the County and passed through to the Transportation Museum. As such, it is the County's responsibility to ensure that the funds are spent in the proper way and that procurement policies are followed in accordance with federal guidelines. Accordingly, the County will be November 14, 2006 967 developing contractual agreements between the County and the Transportation Museum, as well as between the County and VDOT, to ensure that all responsibilities are met. Supervisor Wray questioned if the County stands to lose money if the grant is not approved. Ms. Hyatt responded in the negative and stated that this is just the application process and that the grant will go through a review process by VDOT. Once the grant is awarded, the County would then enter into a contract with VDOT and the Transportation Museum. She stated that this is a reimbursement grant; however, every step is approved by VDOT. Therefore VDOT would be approving the actual requests for proposals before they go out, thereby reducing the likelihood that funds will be expended and not be eligible for reimbursement. Supervisor Church stated that the County needs to have the proper oversights in place for this process. He further advised that he will abstain from this vote due to the fact that he is a member of the Board of Directors of the Virginia Museum of Transportation. Supervisor Flora stated that he is aware that this action is being taken to benefit the Transportation Museum; however, he wants to ensure that the County will not incur any expenses. He stated that if there is a cost in terms of staff time to administer the grant, he would not expect the County to absorb this cost. Ms. Hyatt stated that this could be included in the contract. 968 November 14, 2006 Supervisor Wray moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: None ABSTAIN: Supervisor Church RESOLUTION 111406-2 ENDORSING A GRANT APPLICATION BY THE VIRGINIA MUSEUM OF TRANSPORTATION FOR A TRANSPORTATION ENHANCEMENT PROJECT AND AUTHORIZING THE COUNTY TO ACT AS SPONSOR FOR THIS PROJECT WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from a local government or state agency in order that a Virginia Department of Transportation program for an enhancement project in the City of Roanoke can be reviewed and approved; and, WHEREAS, the Executive Director of the Virginia Museum of Transportation has requested the assistance, support and sponsorship by the County of Roanoke in order to submit a competitive grant proposal to the Virginia Department of Transportation for a project to construct certain improvements and renovations at the Virginia Museum of Transportation; and, WHEREAS, the total project cost and grant request is for $262,300, 80% of which would be grant funds, and the remaining 20% would be local match NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County requests the Commonwealth Transportation Board to approve and establish a transportation enhancement project for certain improvements and renovations to the Virginia Museum of Transportation in the City of Roanoke, Virginia. BE IT FURTHER RESOLVED, that the Board of Supervisors hereby agrees to pay 20 percent of the total cost for planning, design, and construction of this project, and that, if the County of Roanoke subsequently elects to cancel this project the County of Roanoke hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: November 14, 2006 969 AYES: NAYS: ABSTAIN: IN RE: Supervisors McNamara, Altizer, Flora, Wray None Supervisor Church REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Flora moved to approve the first reading and set the second reading and public hearing for December 19, 2006. The motion carried by the following recorded vote: AYES: NAYS: INRE: Supervisors McNamara, Church, Altizer, Flora, Wray None ~ First readina of an ordinance to rezone approximately 2.35 acres from C-1. Office District. and R-3. Medium Density Multi-Family Residential. to C-2. General Commercial District. and to obtain! special use permit in order to construct ! drive-thru restaurant located at 6065 Peters Creek Road. Hollins Maaisterial District. upon the petition of Lexinaton Falls. LLC. FIRST READING OF ORDINANCES 1. First readina of an ordinance adoptina. amendina and reenactina and repealina various sections of Chapter 5. Animals and Fowl of the Roanoke County Code to conform to the Code of Virainia. (Paul M. Mahoney. County Attorney) 970 November 14, 2006 Mr. Mahoney advised that this ordinance is part of an ongoing process that he has implemented in the last several years to clean up existing provisions of the County Code. He noted that in the past several years, the General Assembly has made changes to the animal laws of the Commonwealth, in particular the kinds and types of ordinances that local counties, cities, and towns may adopt with respect to animal Issues. He advised that the pending action attempts to do the following: (1) bring the County Code into compliance with the State Code, specifically with respect to definitions; (2) address enforcement issues with respect to "adequate care" for companion animals; (3) address issues relating to penalties for violations; and (4) housekeeping provisions related to enforcement. He noted that this ordinance was developed in conjunction with the Police Department and Commonwealth Attorney's Office. Supervisor Wray noted that the new language is easier to interpret. Supervisor Church moved to approve the first reading and set the second reading for December 5, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None 2. First readina of an ordinance to accept the conveyance of 152.274 acres of real estate located on Read Mountain from Fralin & Waldron. Inc. to the Board of Supervisors. (Paul M. Mahonev. County Attornev) November 14, 2006 971 Mr. Mahoney stated that the County is honored to have Mr. Kelderhouse and Mr. Claytor, representatives of Fralin & Waldron, present at the meeting. He also noted that their counsel, Stephen Lemon, was present. Mr. Mahoney advised that this is the first reading of an ordinance where Fralin & Waldron will donate to Roanoke County 152 acres of land on Read Mountain for public park purposes. He stated that this is a generous, civic-minded effort by this corporation to help the County protect some of its critical viewsheds, mountains, and ridgetops. He advised that this has been a lengthy process and he recognized Janet Scheid, Chief Planner, for her work on this project. He stated that the process began with Fralin & Waldron applying to the Virginia Outdoors Foundation (VOF) for approval of a conservation easement which limits uses of the property to public park/passive recreation purposes. At the same time, staff has worked closely with the National Park Service due to the fact that the property lies within the viewshed of the Blue Ridge Parkway. Andy Kelderhouse, President of Fralin & Waldron, Inc., stated that it is his pleasure to donate this property to the County. He noted that Steve Claytor, Vice- President and Director of Development at Fralin & Waldron, and Steve Lemon, Counsel, were also present. Mr. Kelderhouse stated that Fralin & Waldron has secured a conservation easement on 153 acres of property on Read Mountain in favor of the VOF. He indicated that the property is generally identified on an exhibit that was displayed at the meeting and in the staff report. He noted that there is a 1.8 acre parcel that will be subsequently deeded to the Western Virginia Water Authority for use as a water storage 972 November 14, 2006 tank, and he stated that the remaining portion contains 152 acres. Mr. Kelderhouse stated that it is Fralin & Waldron's hope that this land will be enjoyed forever by the citizens of Roanoke County, and he noted that there are deed restrictions in place to ensure that the property will be used for public park purposes. He stated that it is their hope that this donation will encourage others to protect scenic viewsheds and environmentally sensitive areas, as well as to demonstrate to the community that Fralin & Waldron has an interest in conservation and that there are opportunities for reasonable development and scenic preservation to coexist for the residents and visitors of the Roanoke Valley. He displayed two photographs taken from the Read Mountain Overlook which showed the area of the easement. Mr. Keldehouse expressed appreciation to the following individuals for their assistance with this project: Roanoke County staff, specifically Janet Scheid and Paul Mahoney; Rupert Cutler, VOF Board Member; Read Mountain Alliance; Ron Crawford; and Karen Waldron, CEO of Fralin & Waldron. The Board members expressed appreciation to Fralin & Waldron for their generous donation and cited this as a positive example of local developers working to preserve the assets of our region. Supervisor Wray moved to approve the first reading and set the second reading for December 5,2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None November 14, 2006 973 3. First readina of an ordinance to accept the conveyance of approximatelv 0.35 acres of real estate located at 4808 Pleasant Hill Drive. Windsor Hills Maaisterial District. from the Roanoke County School Board to the Board of Supervisors. (Paul M. Mahonev. County Attornev) Mr. Mahoney stated that Item G-3 and G-4 are companion ordinances that will require two separate votes. He noted that a map was distributed to the Board showing the location of this property. Item G-3 will accept the conveyance of 0.35 acres from the School Board to the Board of Supervisors. The property is located at 4808 Pleasant Hill Drive, and he indicated that the School Board voted to declare this property as surplus and to authorize its conveyance to the County at its meeting on October 25, 2006. He requested that the Board approve the first reading of the ordinance and schedule the second reading for December 19, 2006. Supervisor Flora stated that once the donation is accepted by the Board of Supervisors, the property will then be sold. He requested that Mr. Mahoney outline this process. Mr. Mahoney stated that in the past, the process used by the Board is as follows: (1) A notice will be sent to all adjoining property owners regarding the proposed sale. He stated that in this case, letters were also sent to the neighbors across the street from the property. (2) A legal ad will be published in the newspaper advising that the County is accepting bids to purchase the property and publicizing a public hearing on the sale of the property. Mr. Mahoney noted that the second reading of the 974 November 14, 2006 ordinance is being scheduled on December 19 due to the fact that this is the Board's regular public hearing date. He stated that normally before this process begins, the County typically receives an offer from a citizen who has expressed interest in acquiring the property. Mr. Mahoney indicated that at the first reading, the ordinance does not specify either the amount of the offer or the identity of the citizen offering to purchase the property. The process does, however, make other citizens aware of the surplus property and the fact that it is available for sale. He advised that in the past, the Board has indicated that before the process is commenced, any offer would have to be within 90% of the assessed value of the property. Mr. Mahoney stated that it is his understanding that this 0.35 acre tract of land is on a buildable lot. Supervisor Flora inquired about the disposition of the proceeds from the sale of the property. Mr. Mahoney stated that it is at the discretion of the governing body, and that the School Board has requested that the proceeds be conveyed to them and placed in a capital account. Supervisor Flora stated that the School Board sent a request to the County approximately three years ago requesting authorization to sell this property for the purpose of putting this money back into their school capital fund; however, this request was never forwarded to the Board of Supervisors. Supervisor Altizer requested a further explanation regarding the bid requirement of at least 90% of assessed value. Mr. Mahoney stated that this is the minimum required bid to "get you in the game"; it is up to the governing body whether to November 14, 2006 975 accept any offer, regardless of amount. He indicated that Board policy states that no offers will be considered if they are lower than 90% of the assessed value. Supervisor McNamara stated that the 90% requirement is not a guarantee that the Board will sell at a price below market value. Supervisor McNamara moved to approve the first reading and set the second reading for December 19, 2006. The motion carried by the following recorded vote: Supervisors McNamara, Church, Altizer, Flora, Wray None 4. First readina of an ordinance acceptina ! bid for and authorizina the sale of approximately 0.35 acres of real estate located at 4808 Pleasant Hills Drive. Windsor Hills Maaisterial District. (Paul Mahoney. County Attorney) There was no discussion on this item. Supervisor McNamara moved to approve the first reading and set the second reading and public hearing for December 19, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None AYES: NAYS: 976 November 14, 2006 5. First readina of an ordinance authorizina the relocation of ! 15' access easement located upon portions of Huntridae Grove Subdivision. Section No. .h and crossina Stayman Drive as shown on the plat of property of F&W Community Development Corporation. Vinton Maaisterial District. (Paul M. Mahoney. County Attorney) Mr. Mahoney advised that this ordinance would relocate a 15' access easement that provides access to a stormwater management area. He indicated that this involves two subdivisions, both of which are part of F&W Community Development Corporation, and he stated that the County has been working with VDOT because this easement crosses Stayman Drive in several locations. He advised that although somewhat complicated, the process is similar to that followed by the Board in the past for relocation of access easements in existing subdivisions. He noted that this is the first reading of the ordinance and the second reading and public hearing is proposed for December 19, 2006. He stated that this request is being made by staff in the County's Engineering Department who have been working through this process with F&W Community Development Corporation. Supervisor Altizer noted that he would defer to Supervisor Flora to make a motion and indicated that this item is in the Hollins Magisterial District, not the Vinton Magisterial District as indicated on the ordinance. November 14, 2006 977 Supervisor Flora moved to approve the first reading with the magisterial district being amended to reflect the Hollins Magisterial District, and to set the second reading and public hearing for December 19, 2006. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: APPOINTMENTS 1. BuildinQ Code Board of Adiustments and Appeals (Fire Code Board of Appeals) Chairman Wray advised that the four-year term of Richard L. Williams expired on October 24, 2006; the four-year term of Wilmore T. Leffell will expire on December 12, 2006. 2. Economic Development Authority Chairman Wray advised that the four-year terms of Craig W. Sharp and Allan Robinson, Jr. expired on September 26, 2006. He reported that Neil A. Gallagher had resigned his position on this committee. Chairman Wray advised that following a closed meeting held on October 24, 2006, it was the consensus of the Board to make the following appointments: (1) Reappointment of Craig W. Sharp and Allan Robinson, Jr. to serve additional four-year terms that will expire on September 26, 2010; and (2) Appointment of Greg Apostolou to serve the unexpired portion of the four-year term of Neil A. Gallagher, who has 978 November 14, 2006 resigned. This term will expire on September 26, 2007. He stated that confirmation of these appointments has been placed on the consent agenda. Chairman Wray introduced Mr. Apostolou who was present at the meeting. 3. Library Board (Appointed ~ District) Chairman Wray advised that the four-year term of Phyllis C. Amos, Cave Spring Magisterial District, will expire on December 31,2006. 4. Roanoke Vallev Resource Authority Chairman Wray advised that the four-year term of Diane D. Hyatt will expire on December 31, 2006. He advised that it is the consensus of the Board to reappoint Ms. Hyatt to serve an additional four-year term that will expire on December 31, 2010, and confirmation of this appointment has been added to the consent agenda. 5. Western Virainia Reaional Jail Authoritv Chairman Wray advised that the one-year terms of Joseph P. McNamara, elected representative; Richard C. Flora, alternate elected representative; John M. Chambliss, administrative official; and Diane D. Hyatt, alternate administrative official, will expire on December 31,2006. Chairman Wray advised that it was the consensus of the Board to reappoint John M. Chambliss, administrative official, and Diane D. Hyatt, alternate administrative official, to serve additional one-year terms that will expire on December November 14, 2006 979 31, 2007. He reported that confirmation of these appointments has been added to the consent agenda. IN RE: CONSENT AGENDA R-111406-3; R-111406-3.c Supervisor McNamara moved to adopt the consent resolution with Item J- 4 removed for discussion. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 111406-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for November 14, 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 7, inclusive, as follows: 1. Approval of minutes - October 24, 2006 (Joint Meeting) and October 24, 2006 (Regular Meeting) 2. Confirmation of committee appointments 3. Request to approve holiday schedule for calendar years 2007 and 2008 4. Resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007 5. Request from the schools to accept and appropriate grant funding and reimbursements totaling $3,724.73 6. Request from the Police Department to accept and appropriate funds from three Division of Motor Vehicle grants in the amount of $45,000 7. Request to accept and appropriate an operating grant and a capital grant on behalf of RADAR for Section 5311 Monies 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. 980 November 14, 2006 On motion of Supervisor McNamara to adopt the resolution with Item J-4 removed for discussion, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None INRE: DISCUSSION OF CONSENT AGENDA ITEM J-4 Supervisor McNamara advised that Page 2 of the resolution establishing the 2007 meeting schedule states that the 2008 organizational meeting will be held on Tuesday, January 8. He indicated that he would like to change this date to January 9, 2008, at 2:00 p.m. Supervisor McNamara moved to adopt Item J-4, resolution establishing a meeting schedule for the Board of Supervisors of Roanoke County for calendar year 2007, with the date of the 2008 organizational meeting amended to January 9, 2008, at 2:00 p.m. The motion carried by the following recorded vote: AYES: NAYS: Supervisors McNamara, Church, Altizer, Flora, Wray None RESOLUTION 111406-3.c ESTABLISHING A MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS OF ROANOKE COUNTY FOR CALENDAR YEAR 2007 BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That for calendar year 2007, the regular meetings of the Board of Supervisors of Roanoke County, Virginia, are set forth below with public hearings scheduled for 7:00 p.m. unless otherwise advertised. Tuesday, January 9, 2007 at 3 pm Tuesday, January 23, 2007 at 3 pm and 7 pm Tuesday, February 13, 2007 at 3 pm Tuesday, February 27,2007 at 3 pm and 7 pm Tuesday, March 13, 2007 at 3 pm Tuesday, March 27,2007 at 3 pm and 7 pm Tuesday, April 1 0, 2007 at 3 pm November 14, 2006 981 Tuesday, April 24, 2007 at 3 pm and 7 pm Tuesday, May 8,2007 at 3 pm Tuesday, May 22, 2007 at 3 pm and 7 pm Tuesday, June 12,2007 at 3 pm Tuesday, June 26, 2007 at 3 pm and 7 pm Tuesday, July 10, 2007 at 3 pm Tuesday, July 24, 2007 at 3 pm and 7 pm Tuesday, August 14,2007 at 3 pm Tuesday, August 28, 2007 at 3 pm and 7 pm Tuesday, September 11, 2007 at 3 pm Tuesday, September 25, 2007 at 3 pm and 7 pm Tuesday, October 9,2007 at 3 pm Tuesday, October 23,2007 at 3 pm and 7 pm Tuesday, November 13, 2007 at 3 pm and 7 pm Tuesday, December 4, 2007 at 3 pm Tuesday, December 18, 2007 at 3 pm and 7 pm 2. That the organizational meeting for 2008 shall be held on Wednesday, January 9,2008 at 2:00 p.m. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Mr. Rick Kelley, 5688 Cost Drive, advised that he was representing the Roanoke Valley Ice Advocates and stated that this organization was formed in March 2005 when it was announced that the Ice Station rink might close. He stated that their organization has two objectives: (1) To provide guidance to rink ownership on how to best provide ice sports in the Roanoke Valley; and (2) To help secure an ice facility in the Roanoke Valley. He stated that their first public meeting was held in March 2005 with Roanoke City Mayor Nelson Harris where they detailed the users of the ice station and the impact of the proposed closing on the Roanoke Valley and surrounding areas. He stated that the purpose of the meeting was to try to encourage Roanoke City to find 982 November 14, 2006 a solution to keep the Ice Station open. At the time, Roanoke City did not have a solution and the Ice Station closed in March 2006. Mr. Kelley stated that Roanoke Valley Ice Advocates is composed of six groups which include the following: Valley Youth Hockey, Roanoke Valley Adult Hockey Association, Roanoke Valley No Check, Rusty Blades, Roanoke Valley Vixens, and Roanoke Valley Figure Skating Club. In addition, Virginia Tech, Roanoke College, W&L, VMI, and Radford Men's Hockey teams are members of the Roanoke Valley Ice Advocates. He indicated that there is substantial regional support for an ice rink to be included with the Roanoke County proposed multi-generational recreation center, and they are requesting that the Board consider adding a full-size NHL rink to the plans. He advised that the Roanoke Civic Center has agreed to put down ice for their use during the current year; however, their primary focus is to provide civic entertainment and the availability of the ice is sporadic. Mr. Kelley advised that participation in the Valley Youth Hockey has declined, partially as a result of the cost to play and the uncertainty regarding the future of an ice rink in the Valley. He also noted the lack of availability for public ice skating and stated that it has broad appeal for a large section of the population. IN RE: REPORTS Supervisor Flora moved to receive and file the following reports. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None November 14, 2006 983 IN RE: .1: General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Continaency 4. Future Debt Payment Reserve 5. Accounts Paid = October 2006 6. Statement of expenditures and estimated and actual revenues for the month ended October 31.2006 7. Public Safety Center Buildina Proiect Budaet Report 8. Public Safety Center Buildina Proiect Chanae Order Report 9. Statement of Treasurer's accountability per investment and portfolio policy as of October 31. 2006 CLOSED MEETING At 4:52 p.m., Supervisor Wray moved to go into closed meeting following the work session pursuant to the Code of Virginia Section 2.2-3711 A (5) discussion concerning a prospective business or industry where no previous announcement has been made; and Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None The closed meeting was held from 5:48 p.m. until 6:15 p.m. 984 November 14, 2006 INRE: ABSENCE Supervisor Church left the meeting at 4:53 p.m. WORK SESSIONS IN RE: 1: Work session to discuss the results of operations for fiscal year ended June 30. 2006. (Rebecca Owens. Director of Finance: Brent Robertson. Director of Manaaement and Budaet) The work session was held from 5:06 p.m. until 5:35 p.m. Ms. Owens stated that the audits for both the County and Schools went well and she advised that an Audit Committee meeting was held today. She stated that the year-end results are favorable and $1.5 million will be added to the unappropriated balance and $1.3 million to capital reserves, thus achieving the 9% of revenues target goal. There was general discussion regarding the percentage increments contained in the policy, and Diane Hyatt, Chief Financial Officer, clarified the following target percentages for the general fund unappropriated balance: fiscal year 2005-2006 was 7.5% to 8.5%; fiscal year 2006-2007 is 8% to 9%; and fiscal year 2007-2008 will be 8.5% to 9.5%. Ms. Hyatt indicated that the maximum target is 10-11 %. Ms. Owens reported that in 2005-2006, actual revenues exceeded budgeted revenues by $3,376,670. During the 2006-2007 budget process, there were two items that needed to be pulled out of year-end monies. These items were $500,000 for VDOT revenue sharing and $500,000 for renovations to the existing jail. This leaves $2,376,670 to be used to meet the unappropriated balance of 9% ($1,506,678) leaving November 14, 2006 985 $869,992 to go into the County's major capital reserve. She referenced Attachment III which reflects an unappropriated balance of $14,788,420 as of November 14, 2006. Ms. Owens stated that Attachment IV, Expenditures, summarizes general fund expenditures and encumbrances. She noted that County departments stayed within their budgets which resulted in expenditure savings of $888,564. This leaves $453,189 available for minor capital reserves. There was general discussion regarding various departmental rollover requests. Mr. Robertson outlined the fiscal year 2005-2006 revenue analysis. He stated that total growth in revenues went from 5% to 7.5% between 2004-2005 and 2005-2006. He noted that the recordation and conveyance tax remained close to 20% due to the strong real estate and refinancing markets. Further, sales tax revenues increased from 3.2% to 9.1 %. The real estate tax percentage increased from 6.4% to 7.3% and included the reduction in the real estate tax rate which affected six months of the year. With respect to the rescue fees, he noted that staff had reported an anticipated reduction in revenues for 2005-2006. Mr. Robertson stated that this line item was down approximately $300,000. Mr. Hodge noted that Chief Burch and Chief Grigsby in Roanoke City would like to increase the reimbursement amount for next year. Supervisor Altizer inquired if staff will be monitoring the telecommunications tax amendment and its impact on County revenues. Mr. Robertson responded in the affirmative and stated that the budget will be adjusted accordingly in January. Supervisor Altizer voiced concerns that the state is taking on this new tax as a 986 November 14, 2006 pass-through and he noted that no additional personnel were hired to oversee this process to ensure that payments into the system are accurate. Ms. Hyatt advised that information she received at a recent conference indicated that auditors are currently being hired for this purpose; however, the new process will delay the receipt of revenues to localities due to the additional time required for processing by the state rather than direct payments to the localities. There was general discussion regarding the ability for counties to tax tobacco products and conversations that were held at the VACo conference pertaining to this subject. IN RE: CERTIFICATION RESOLUTION R-111406-4 At 7:00 p.m., Supervisor Wray moved to return to open session and adopt the certification resolution. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Church, Altizer, Flora, Wray NAYS: None RESOLUTION 111406-4 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: November 14, 2006 987 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: None ABSENT: Supervisor Church INRE: BRIEFINGS 1. Presentation of results of operations for fiscal year ended June 30.2006. (Rebecca Owens. Director of Finance) Ms. Owens advised that fiscal year 2005-2006 was a year of strong financial position achieving many Board initiatives. She stated that the goals and initiatives of the Board promote Roanoke County's economic progress, improve the community's quality of life, and poise the County to respond to future development needs. This year initiatives in the areas of regionalism, education, public safety, economic development, and capital improvement were accomplished. She indicated that staff met earlier today in work session and reviewed the information in detail with the Board. This presentation of the results of operations for the fiscal year ended June 30, 2006, is presented for informational purposes and no action is required by the Board. Ms. Owens reported that the County operations for the year ended June 30, 2006, resulted in general fund revenues of $3,376,670 over budget; however of this 988 November 14, 2006 amount, $1 million was approved during the 2006-2007 budget, of which $500,000 is for renovations to the existing jail and $500,000 is for VDOT revenue sharing, leaving a balance of $2,376,670 as shown on Attachment I in the Board's agenda packet. She stated that the additional revenues collected were primarily from investment income and increased tax collections in the areas of real estate, recordation and conveyance tax, business license tax and hotel/motel tax and is attributed to a more positive economic climate. She noted that a detailed analysis of the general fund revenues is outlined in Attachment II in the Board's agenda packet. Ms. Owens indicated that most of these revenues were anticipated during the 2006-2007 budget preparation, were discussed with the Board, and included in the current year's budget. Ms. Owens stated that prior to fiscal year 2005-2006, the School Board and Board of Supervisors adopted a joint funding policy to provide for a sustainable funding stream for school and County capital improvements in future years. The policies for use of general fund revenues and expenditures in excess of budget at year end designates portions of year-end balance for major and minor capital projects as well as to the general fund unappropriated balance. Based upon these policies approved by the Board, staff recommends the following appropriations: (1) $1,506,678 to the general fund unappropriated balance. This will increase the general fund unappropriated balance from $13,281,742 to $14,788,420 at June 30,2006, which is 9% of the 2006-2007 general fund revenues as shown on Attachment III in the agenda packet. (2) $869,992 will be appropriated to the Major County Capital Reserve. November 14, 2006 989 Ms. Owens reported that County departments stayed within their approved budgets resulting in departmental expenditure savings of $888,564 as shown on Attachment IV. She advised that based upon the policy for use of unspent expenditure appropriations at year end, departments are able to request up to 60% of the savings within their own department for special purchases and programs approved by the County Administrator and the remaining reverts to the Minor County Capital Reserve for future projects. Based upon this policy, staff recommends the following appropriations: (1) Of the $533,139 that is available for departmental rollover, only $435,375 was requested and is being rolled over to the departments as outlined in Attachment V. (2) $453,189 will be appropriated to the Minor County Capital Reserve. Ms. Owens stated that in summary, the year end results are very favorable for the County, allowing us to add $1.5 million to the general fund unappropriated balance to meet the goal of 9% of revenues; to add $1.3 million to our capital reserves; and to place us in a good position to accomplish some of the much needed capital projects and priorities of the Board. She noted that since the Board has previously approved either by policy or board action the information being presented, no action is required by the Board. IN RE: PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Second readina of an ordinance to obtain ~ special use permit for the construction of ~ mini-warehouse facility on 14.559 acres located at 5627 Williamson Road and Florist Road. Hollins 990 November 14, 2006 MaQisterial District. upon the petition of Wayne Fralin. (Philip Thompson. Deputy Director of PlanninQ) 0-111406-5 Mr. Thompson advised that Wayne Fralin is requesting a special use permit (SUP) in a C-2 general commercial zoning district for the construction of a mini- warehouse facility on approximately 14.5 acres located on Williamson Road and Florist Road. He indicated that the proposed project includes the construction of six storage buildings totaling 63,200 square feet. There will be a total of 442 storage units, 220 of which will be climate controlled, and the units will range in size from 5 feet by 5 feet up to 10 feet by 30 feet. As part of the project, there will also be an approximately 1,500 square foot office building with 100 parking spaces for outdoor storage of vehicles and boats. Mr. Thompson stated that there will also be the associated parking, landscaping, screening, lighting, signage, and stormwater management associated with commercial development. Access to the site can be achieved by either Williamson Road or Florist Road, and access into the site will be controlled by two keypads for the entrance gate. The site has public water and public sewer. The surrounding zoning is C-2 general commercial district to the north and the west, and R-1 low density residential district to the south and west. He advised that the surrounding land uses include a mixture of residential and commercial uses, and the future land use designation for this property in the Community Plan is core. The proposal is consistent with the policies and guidelines November 14, 2006 991 of the Community Plan, the site has ample space to meet all applicable development standards, and no negative impacts are anticipated. Mr. Thompson stated that a community meeting was held on August 29, 2006, at the Hollins Fire Station. There were three citizens in attendance and issues raised included configuration of the vehicle storage spaces and the natural buffers along Florist Road. He advised that the Planning Commission held a public hearing on September 5, 2006, and there were no citizens present to speak. The Planning Commission raised questions regarding the buffers along Florist Road and for the residents along Bonhill Drive, as well as signage, lighting, and fences. The Planning Commission postponed action on this application until October, and the applicant subsequently requested a deferral until the Planning Commission's November 7 meeting. At the meeting on November 7, the Planning Commission reviewed the revised concept plan and recommended approval of the SUP by a vote of 5-0 with the following two conditions: (1) the site shall be developed in substantial conformance with the preliminary site plan for Wayne Fralin, Safe Place Storage Units, dated December 22, 2005, and revised through October 16, 2006, and prepared by LMW, P.C., except that aluminum fencing will be utilized instead of wrought iron fencing; and (2) Option 2 shall be utilized to screen stored vehicles from the Bonhill Drive residences, as shown on sheets 4 and 5 of the preliminary site plan for Wayne Fralin, Safe Place Storage Units, dated December 22, 2005, and revised through October 16, 2006, and prepared by LMW, P.C. 992 November 14, 2006 Ed Natt, counsel for the petitioner, was present at the meeting. He advised that Dr. Fralin, the petitioner, was present. Also attending the meeting were Roy White and Rich White, LMW, who designed the proposed project. Mr. Natt stated that after many discussions with staff, they have arrived at a set of conditions that all parties feel are appropriate and these have been incorporated into the site plan. He noted that there has been no opposition from area residents at any stage in this process. Mr. Natt displayed a site plan for the proposed project and noted the screening, buffering, and landscaping. He stated that there are entrances off Williamson Road and Florist Road, and there is intense screening and buffering from the residential neighborhood. He noted that stormwater management and dumpsters are located away from the residential area and closer to the commercial area. Supervisor Wray inquired about the aluminum fencing. Mr. Natt stated that this was requested, and he noted that wrought iron would require greater maintenance over time. He stated that the appearance of the aluminum fencing is the same as the wrought iron fencing. There were no citizens present to speak on this item. Supervisor Flora advised that he attended the public meeting and commended the petitioner for his efforts to address the concerns expressed regarding screening from Florist Road. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: November 14, 2006 993 AYES: Supervisors Altizer, Flora, Wray NAYS: None ABSENT: Supervisor Church ABSTAIN: Supervisor McNamara ORDINANCE 111406-5 GRANTING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A MINI-WAREHOUSE FACILITY ON 14.559 ACRES LOCATED AT 5627 WILLIAMSON ROAD AND FLORIST ROAD (TAX MAP NOS. 38.10-7-25; 38.10-7-38; 38.10-7-39) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF WAYNE FRALIN WHEREAS, Wayne Fralin has filed a petition for a special use permit for the construction of a mini-warehouse facility on 14.559 acres located at 5627 Williamson Road (Tax Map Nos. 38.10-7-25; 38.10-7-38; 38.10-7-39) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 5, 2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 22, 2006; the second reading and public hearing on this matter was held on November 14, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Wayne Fralin for the construction of a mini-warehouse facility on 14.559 acres located at 5627 Williamson Road in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformance with the Preliminary Site Plan for Wayne Fralin, Safe Place Storage Units, dated December 22, 2005 and revised through October 16, 2006 and prepared by LMW, P.C., except that aluminum fencing will be utilized instead of wrought iron fencing; and (2) Option 2 shall be utilized to screen stored vehicles from the Bonhill Drive residences, as shown on sheets 4 and 5 of the Preliminary Site Plan for Wayne Fralin, Safe Place Storage Units, dated December 22, 2006 and revised through October 16, 2006 and prepared by LMW, P. C. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this 994 November 14, 2006 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 Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Altizer, Flora, Wray NAYS: None ABSENT: Supervisor Church ABSTAIN: Supervisor McNamara 2. Second readina of an ordinance to obtain! special use permit to construct 12 townhouses in the R-2 Zonina District on 1.264 acres located at the 8000 block of Williamson Road. Hollins Maaisterial District. upon the petition of Chris McMurry and Courtesy Investment Group. LLC. (Philip Thompson. Deputy Director of Plannina) 0-111406-6 Mr. Thompson stated that Chris McMurry and Courtesy Investment Group, LLC are requesting a SUP in an R-2 medium density residential zoning district for the construction of townhomes on 1.246 acres located on Williamson Road. The proposed project includes the construction of 12 townhouses in three groups of four townhouses each. Half of the units will be two-bedroom units, and the remaining half will be three- bedroom units. Access will be provided by a new private road with a deceleration lane off Williamson Road; there will be 24 parking spaces; and there will be screening of dumpsters, lighting, and stormwater management. Mr. Thompson stated that one of the issues raised during the Planning Commission meeting was the eastbound traffic on November 14, 2006 995 Williamson Road. To access the site, eastbound traffic will have to make a u-turn at Reservoir Road to come back and access the site. He noted that there is a median in place that does not allow direct access for eastbound traffic. The site will be served by public water and public sewer, and the surrounding zoning is R-2 medium density residential and R-3 medium density multi-family residential. He stated that across Williamson Road the properties are zoned C-1 office, C-2 general commercial, and R-3 medium density multi-family residential. The surrounding land uses include a mixture of single family homes, townhomes, commercial, and some vacant parcels. The future land use designation is transition, and the proposal is consistent with the policies and guidelines in the Community Plan. Mr. Thompson stated that the Planning Commission held a public hearing on November 7, 2006, and there were no citizens present to speak regarding this application. The Planning Commission's comments and concerns included screening, buffering, school impacts, stormwater management, and traffic. The Planning Commission recommended approval of the SUP by a vote of 5-0 with the following four conditions: (1) Substantial conformance with the submitted conceptual plans dated 11/1/06 and prepared by McMurry Surveyors, Inc. to include the following: Type A landscaping shall be installed at the northern property boundaries (bounding parcel # 027.08-02-30.00 and parcel # 027.08-02-29.00); on the eastern property boundary, a Type A buffer shall be installed along the eastern boundary (bounding parcel # 027.08- 02-22.00) except at Lot # 8 on the conceptual plan, where a modified Type A landscape 996 November 14, 2006 buffer shall be installed where width requirements will be a minimum of 10 feet. (2) Light poles shall be downward-facing, limited to a maximum height of 10 feet, and shall be of a style that conforms to the Williamson Road Hollins Village Masterplan Design Guidelines. (3) Signs adjacent to Williamson Road shall be limited to one (1) monument type sign. (4) The townhouse groups shall incorporate staggered front and rear setbacks so that no single group contains more than two (2) units with like front and rear setbacks. Mr. Chris McMurry, petitioner, was present at the meeting. He distributed a rendering showing the front elevation and stated that he is proposing town homes with paved curb and gutter. He noted that the design will be a stair step effect, and he is designing the townhomes in a manner that will minimize the amount of grading required. He stated that the road is a 12% grade currently and the proposed grade is 8% to 10%. The plan shows substantial landscaping designed to create a garden-like atmosphere. Mr. McMurry advised that Rob 8aba and others with the Courtesy Group were present at the meeting and could address questions related to the timeline for the proposal. Supervisor Wray inquired about the location of the stormwater detention pond. Mr. McMurry showed the location of the detention pond on the site plan. In response to a further inquiry from Supervisor Wray, Mr. McMurry advised that he understood the conditions on the project. There were no citizens present to speak on this item. November 14,2006 997 Supervisor Flora requested information regarding the construction materials for the building. Mr. Baba stated that it will be frame construction with lap siding and architectural shingles that will conform to the natural environment. Supervisor Flora inquired about the material for the lap siding. Mr. Baba advised that it will be vinyl siding. Supervisor Altizer noted that the petitioner has proposed allowing access to the adjacent water tank owned by the Western Virginia Water Authority ryNWA) by improving a portion of the existing right-of-way. He inquired if this is the only access to the water tower for the WVWA. Mr. Baba stated that it is not; however, it is the cleanest route. Supervisor Altizer inquired if they will be improving this access. Mr. Baba illustrated the proposed road improvements on the site plan, and also noted the location of a deeded right-of-way on the property. Supervisor Flora moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors McNamara, Altizer, Flora, Wray NAYS: None ABSENT: Supervisor Church ORDINANCE 111406-6 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT 12 TOWNHOUSES IN THE R-2 ZONING DISTRICT ON 1.264 ACRES LOCATED AT THE 8000 BLOCK OF WILLIAMSON ROAD (TAX MAP NOS. 27.08-2-20 AND 27.08-2-21) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF CHRIS MCMURRY AND COURTESY INVESTMENT GROUP, LLC 998 November 14, 2006 WHEREAS, Chris McMurry and Courtesy Investment Group, LLC has filed a petition for a special use permit to construct 12 townhouses in the R-2 zoning district located at the 8000 block of Williamson Road (Tax Map Nos. 27.08-2-20 and 27.08-2- 21) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 7,2006; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 24, 2006; the second reading and public hearing on this matter was held on November 14, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Chris McMurry and Courtesy Investment Group, LLC to construct 12 townhouses in the R-2 zoning district located at the 8000 block of Williamson Road in the Hollins Magisterial District is substantially in accord with the adopted 2000 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and said special use permit is hereby approved with the following conditions: (1) Substantial conformance with the submitted conceptual plans dated 11/1/06 and prepared by McMurry Surveyors, Inc. to include the following: Type A landscaping shall be installed at the northern property boundaries (bounding parcel #27.08-2-30 and parcel #27.08-2-29); on the eastern property boundary, a Type A buffer shall be installed along the eastern boundary (bounding parcel #27.08-2-22) except at Lot #8 on the conceptual plan, where a modified Type A landscape buffer shall be installed where width requirements will be a minimum of 1 0 feet. (2) Light poles shall be downward-facing, limited to a maximum height of 10 feet, and shall be of a style that conforms to the Williamson Road Hollins Village Masterplan Design Guidelines. (3) Signs adjacent to Williamson Road shall be limited to one (1) monument- type sign. (4) The townhouse groups shall incorporate staggered front and rear setbacks so that no single group contains more than two (2) units with like front and rear setbacks. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: November 14, 2006 999 AYES: NAYS: ABSENT: Supervisors McNamara, Altizer, Flora, Wray None Supervisor Church INRE: CITIZENS' COMMENTS AND COMMUNICATIONS Steve Nobl~, 5376 Canter Drive, addressed the following two issues: (1) Capital fundinq plan: He stated that there is $40.3 million allocated over the next five years to fund schools, and he noted the current projected costs for school improvements and advised that there is insufficient funding being allocated for this purpose. He stated that if Northside High School is an example of budgeting, perhaps the entire concept should be evaluated. (2) Parks and Recreation: He stated that the consultant that Roanoke County used also performed work for Henry County and Martinsville, and those localities have decided to build outdoor recreation fields and an indoor arena. They have commented that they will draw business away from Roanoke County by providing superior fields. He stated that indoor recreation facilities and pools were ranked fifth and seventh in the survey of public needs. He stated that Roanoke County does not meet the minimum requirements for open space, walking trails and athletic fields per capita, and he noted that the top four needs were land-driven and not related to the indoor recreation center. Rodney Ferquson, 2003 Springfield Drive, stated that he is President of the Valley Youth Hockey Association and advised that their participants are 6-18 years of age. He advised that the organization focuses on teaching youth how to skate and play hockey, and they have competitions. He advised that their home ice rink is 1000 November 14, 2006 currently at the Roanoke Civic Center; however, their Board has voted to back the County's multi-generational recreation center. He requested that the feasibility of an ice rink be examined and considered as a possible addition to this facility. He stated that the need exists and they represent the youth. He noted that the ice is also used by area colleges, figure skaters, and adults. Pierre Paiement, 2015 Knollwood Road, encouraged the Board to consider constructing an ice facility as part of the multi-generational recreation center. He stated that he is the former general manager of the Roanoke Express Hockey Team and former Assistant Sports Director of one of the biggest hockey programs in Canada. He stated that the County must ask the following questions: (1) is there a need or interest in the project; and (2) is it financially feasible. He referred to the facility provided by Lancerlot in the 1980's and indicated that their ice programs were full with 300 to 500 participants in the public sessions. He noted that the Roanoke Civic Center cannot provide ice during the months of January and February due to a prior commitment and this is not a feasible long-term solution. He indicated that the Ice Station did not succeed due to poor location, construction which did not allow for other usage during the year, and poor management. Bill UptheQrove, 5361 Peregrine Crest Circle, requested the Board's consideration of an ice rink as part of the North County Recreation Center. He stated that he represents the Rusty Blades, and he indicated that there is good support for this November 14,2006 1001 type of project (ice skaters, figure skaters, five college club teams, and open skating). He also noted that the revenues are solid. INRE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor McNamara: He requested that Mr. Chambliss provide an update on the gypsy moth situation. Mr. Chambliss stated that Bob Grace, Gypsy Moth Coordinator, is delivering the maps containing information related to the egg mass counts to the state office in Wytheville tomorrow. He indicated that he spoke with Larry Nichols, State Department of Agriculture, and at this time, there is no funding available for this program; however, there are rumors of some diverted monies that might be available at the end of 2006 or in early 2007. With respect to the mapping, Mr. Chambliss reported that the type of products that Mr. Grace is putting together conform to what has been used in the past in order to qualify for matching funds. Typically, federal funds are passed through the state and represent one-half the cost of spraying; the remaining half is paid by the property owner, collected by the locality, and remitted as a single payment. He stated that he would continue to work with localities to develop a contract governing aerial applications to attempt to secure economies of scale by grouping nearby localities. At the present time, there are 420 acres that property owners would like to have considered for aerial application, if available. There are 1,500 to 2,500 acres remaining where property owners are not willing to commit to the cost of spraying but have indicated if funds become available, they would like to be contacted again. 1002 November 14, 2006 Supervisor McNamara questioned when the spraying would occur. Mr. Chambliss advised that this will occur in April or May. He indicated that the spraying is most effective when the leaves are out and the gypsy moth larvae are eating the leaves. He further advised that the spraying does not totally eliminate the gypsy moth presence and noted that if a smaller area is treated, it will have less impact in slowing the spread of the gypsy moth than if a larger area is sprayed. Supervisor Wrav: He noted that tonight's meeting is the only time that the Board will meet during the month of November. He advised that the December meeting dates are December 5 and 19. He wished everyone a happy holiday. IN RE: ADJOURNMENT Chairman Wray adjourned the meeting at 7:50 p.m. Submitted by: J1.ili J . tlJk) Diane S. Childers, CMC Clerk to the Board Approved by: ~~~Q O-WUJ~~I Michael A. Wray ---~ '\ Chairman