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HomeMy WebLinkAbout12/19/2006 - Regular Roanoke County Board of Supervisors Agenda December 19, 2006 Good afternoon and welcome to our meeting for December 19, 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 Wednesday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Reverend David Walton Belmont Christian Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS E. NEW BUSINESS 1. Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $8,000 proceeds from the 11th annual Marine Mud Run. (Pete Haislip, Director of Parks, Recreation and Tourism) 1 2. Request to authorize and execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA), and Oppidan, Incorporated, and to reallocate $1,000,000 from the Public Private Partnership account to a new account for Oppidan. (Doug Chittum, Director of Economic Development) 3. Request to adopt a resolution authorizing a continuing disclosure agreement in connection with a financing by the Western Virginia Regional Jail Authority in an aggregate principal amount not to exceed $127,000,000. (Diane D. Hyatt, Chief Financial Officer) 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. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance amending Section 2-118 of the Roanoke County Code, "Manner of Addressing the Board-Time Lim it", to provide for yielding and accumulating additional time for speakers. (Paul Mahoney, County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Library Board (Appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes - December 5,2006 2. Confirmation of committee appointments 2 3. Request from the Fire and Rescue Department to accept and appropriate the amount of $4,500 from Lewis Gale Hospital for the Cardiac 12-Lead ECG program 4. Request to reallocate $118,000 from the Mountain View Road project to a new account for road improvement projects 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request to accept the donation of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s) across property of Robert Erickson, Betty Brown and James Minnix, Trustees of Colonial Avenue Baptist Church, Cave Spring Magisterial District K. REQUESTS FOR WORK SESSIONS 1. Request to schedule a work session on January 23, 2007, to review the Fire Hydrant Placement and Flow Policy. (Elmer C. Hodge, County Administrator) L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Debt Payment Reserve 5. Accounts Paid - November 2006 6. Statement of expenditures and estimated and actual revenues for the month ended November 30,2006 7. Public Safety Center Building Project Budget Report 8. Public Safety Center Building Project Change Order Report 9. Statement of Treasurer's accountability per investment and portfolio policy as of November 30, 2006 3 O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 A (3) discussion or consideration of the acquisition of real property for public purposes, namely County garage; Section 2.2-3711 A (7) consultation with legal counsel pertaining to actual litigation, namely Hawthorne, et al. v. Lavinder, et al.; and Section 2.2-3711 A (7) consultation with legal counsel and briefings by staff members pertaining to probable litigation, namely, Cardinal Criminal Justice Training Academy. P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss the elimination of County decals for the tax year 2008. (Kevin Hutchins, Treasurer; Diane Hyatt, Chief Financial Officer) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PUBLIC HEARING AND ADOPTION OF RESOLUTION 1. Public hearing to consider requesting that the Virginia Department of Transportation restrict through truck traffic on C learbrook Lane (Route 674), Cave Spring Magisterial District, and adoption of resolution. (Philip Thompson, Deputy Director of Planning) S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. Continued until Januarv 23. 2007. at the reQuest of the petitioner. Second 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. 2. Second reading 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 a special use permit in order to construct a drive-thru restaurant located at 6065 Peters Creek Road, Hollins Magisterial District, upon the petition of Lexington Falls, LLC. (Philip Thompson, Deputy Director of Planning) 3. Second reading of an ordinance to accept the conveyance of approximately 0.35 acres of real estate located at 4808 Pleasant Hill Drive, Windsor Hills Magisterial District, from the Roanoke County School Board to the Board of Supervisors. (Paul Mahoney, County Attorney) 4 4. Second reading of an ordinance accepting a bid for and authorizing the sale of approximately 0.35 acres of real estate located at 4808 Pleasant Hill Drive, Windsor Hills Magisterial District. (Paul M. Mahoney, County Attorney) 5. Second reading of an ordinance authorizing the relocation of a 15' access easement located upon portions of Huntridge Grove Subdivision, Section No. 1, and crossing Stayman Drive as shown on the plat of property of F&W Community Development Corporation, Hollins Magisterial District. (Paul Mahoney, County Attorney) 1. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph P. McNamara 3. Joseph B. "Butch" Church 4. Michael W. Altizer 5. Michael A. Wray V. ADJOURNMENT 5 ACTION NO. ITEM NO. E:J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Presentation from the U. S. Marine Corps Reserve Unit and the Marine Corps League and appropriation of $8,000 proceeds from the 11th annual Marine Mud Run SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism APPROVED BY: Elmer C. Hodge [d! County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Marine Corps Mud Run has become one of the Roanoke Valley's signature running and fundraising events. It has now entered it's second decade under the sponsorship of the Marine Corps League and the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, in cooperation with the Roanoke County Department of Parks, Recreation, and Tourism and many other corporate sponsors. The beneficiaries of this event are the nationally recognized Marine Toys for Tots program and on the local level, Camp Roanoke. This year there were close to 2,000 participants and well over 4,500 spectators. We are proud of our partnership with the Marines and look forward to working with them for years to come. This year's $8,000 contribution brings the total amount contributed over the years to $57,200. These funds will be used for expanding utilities and infrastructure improvements at the camp. The presentation will be made by Claude Slomczewski, Moses Stevens, Thomas Bedwell, and Frank Kristoff from the Marine Corps League. FISCAL IMPACT: The funds will be appropriated to the Camp Roanoke Fee Class Account for improvements at the camp. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of the $8,000 contribution from the 11th annual Marine Corps Mud Run to the Camp Roanoke Fee Class Account. atount!' of l\oanokt- . .. , ~ "~Itl., t~; .."l,.-t I~. ~'I ,~'\f " ";':J ~l CERTIFICATE OF RECOGNITION AWARDED TO U It S. Marine Corps Reserve Unit for their continued support of Camp Roanoke ~ For the past eleven years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and the Marine Corps League, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and other corporate sponsors, have hosted the Marine Mud Run in Green Hill Park. ~ This event is designed to raise funds for the Toys for Tots Program and Camp Roanoke. ~ This event continues to be one of the largest and most successful running events in the Valley, receiving media support from around the state and including runners from ages three years old to the 70's. ~ The contribution from the Marines this year was $8,000 and brings the total amount contributed to $57,200. Presented this 19th day of December, 2006 \Y\'~Q.W Michael A. Wray, Chairman ~ eph P. McNamara, Vice- hairman 1ht4t ?,t. ~ Michael W. Altizer 8. "Met... ~ B. "Butch" Church ---z \ ~.S> G. ~ <:N ... Richard C. Flora atount!' of l\oanokt- CERTIFICATE OF RECOGNITION AWARDED TO Marine Corps League for their continued support of Camp Roanoke ~ For the past eleven years, the Marine Corps Reserve Unit, Company B, 4th Combat Engineer Battalion, and the Marine Corps League, in cooperation with the Roanoke County Department of Parks, Recreation and Tourism and other corporate sponsors, have hosted the Marine Mud Run in Green Hill Park. ~ This event is designed to raise funds for the Toys for Tots Program and Camp Roanoke. ~ This event continues to be one of the largest and most successful running events in the Valley. receiving media support from around the state and including runners from ages three years old to the 70's. ~ The contribution from the Marines this year was $8,000 and brings the total amount contributed to $57,200. Presented this 19th day of December, 2006 \Y\'~ Q. W Michael A. Wray, Chairman ~ eph P. McNamara, Vice- hairman 1nt4t?-t. ~ Michael W. Altizer 8. "~. ~ B. "Butch" Church .--z ,~.s> Go ~ <<:tot ~ Richard C. Flora ACTION NO. ITEM NO. r-Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETJNG DATE: December 19, 2006 AGENDA ITEM: Request to authorize and execute a performance agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA) and Oppidan, Incorporated and to reallocate $1,000,000 from the Public Private Partnership account to a new account for Oppidan SUBMITTED BY: Doug Chittum Director of Economic Development Elmer C. Hodge ~ fkf)/l County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Oppidan Investment Company has contracted to purchase approximately 40 acres of land fronting Interstate 1-81 and Plantation Road in North Roanoke County for the purpose of developing a multi site retail development. The development will be anchored by a 58,000 square foot Gander Mountain retail store and a 19,000 square foot Camping World retail store on an adjacent lot. When developed this project will provide significant new tax revenue to Roanoke County, and will be a regional draw for retail shoppers to the Roanoke Valley. The closest Gander Mountain facilities to Roanoke are Greensboro and a recently completed Winchester store. The site is zoned C-2 and is very visible to 1-81; however, it has suffered from inferior access which has hampered its marketability to quality retailers. According to VDOT standards the site currently has inadequate frontage on Plantation Road to accommodate a commercial entrance, therefore prohibiting the type of development that is the highest and best use of the site. As a result, Roanoke County has suggested and encouraged Oppidan to attempt to provide access to the site via a proposed new public road which would align with the existing intersection of Friendship Lane and Plantation Road. VDOT has endorsed this solution to providing adequate commercial access. Oppidan has negotiated an agreement with an adjoining landowner to secure right-of- way thus allowing them the ability to construct the new public road, extend water and sewer service, and construct required storm drainage facilities as well as other applicable public infrastructure improvements. The total estimated cost of this public infrastructure project is estimated to be $3,000,000. The cost of providing access from Plantation Road to the boundary of the new commercial development is $1,000,000. Therefore the developer has requested assistance under the guidelines of the Roanoke County Public Private Partnership Policy to ensure that the project moves forward and that construction can begin on the new development by April 2007. The draft agreement is Attachment A and the major terms of the agreement are as follows: . Oppidan shall construct a 58,000 square foot Gander Mountain retail store and a 19,000 square foot Camping World retail store with a combined cost of $14,000,000 by December 31, 2007. . Oppidan shall construct a new commercial access to VDOT standards from Plantation Road to the project as shown on the "Conceptual Development Plan" (Attachment B) dated September 7,2006, including but not limited to turn lanes and traffic signalization devices on Plantation Road, storm water management facilities, and water and sewer extensions to be accepted by the Western Virginia Water Authority (WVWA). . Upon completion of the construction of the road improvements, acceptance of the new road into the Commonwealth's public road system, and acceptance of the water and sewer utilities by the WVWA, the Economic Development Authority (EDA) shall make a grant to Oppidan in the amount of $500,000. . Upon issuance of a final certificate of occupancy for the Gander Mountain facility, the EDA shall make an additional grant to Oppidan in the amount of $500,000. FISCAL IMPACT: Funding for the grant shall be made available from the Public Private Partnership account. New tax revenues generated from the development are expected to provide the County with a three and a half year payback on the grant amount. 2 AL TERNA TIVES: 1. Authorize the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan, and the reallocation of $1,000,000 from the Public Private Partnership account to a new account for Oppidan Public Private Partnership Agreement. 2. Do not authorize the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan. Do not authorize the reallocation of $1,000,000 from the Public Private Partnership account to a new account for Oppidan Public Private Partnership Agreement STAFF RECOMMENDATION: Staff recommends Alternative 1, authorizing the County Administrator to execute a performance agreement between the County, the Roanoke County EDA and Oppidan and to authorize the reallocation of $1,000,000 from the Public Private Partnership account to a new account for Oppidan Public Private Partnership Agreement. 3 ATTACHMENT A PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the" Agreement") is made as of this _ day of , 2006, by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Corrunonwealth of Virginia, (hereafter, the "County"), the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Corrunonwealth of Virginia, (hereafter, the" Authority"); and OPPIDAN, INCORPORATED, a Minnesota corporation, (hereafter, the "C If) ompany . WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and the Authority desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the construction of new business and the retention and expansion of existing business in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to construct a planned commercial development (the "Project") on portions of a tract of real estate consisting of approximately 40 acres located off Plantation Road and further described as tax map parcel numbers 018.18-01-01.00, 018.18-01-06, 018.18-01-10 and 018.18-01-11 in Roanoke County (the "Property"); and 1 ATTACHMENT A WHEREAS, the County and the Authority expect that the Company will maintain high quality employment opportunities for the citizens of the Roanoke Valley with the completion of the Project which will promote economic development and generate new local tax revenues for Roanoke County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause the Project to be constructed and developed, subject to obtaining ordinary and necessary governmental approvals from the County and any other governmental agencies. B. The Company shall construct (i) an approximately 58,000 square foot new retail facility for Gander Mountain with a construction cost of approximately $10.5 million including land and building, and (ii) a Camping World retail facility with an estimated construction cost of $3.5 Million including land and building on the Property, by December 31, 2007. C. The Company shall construct certain public infrastructure improvements, including: (i) a new public commercial access road built to Virginia Department of Transportation standards from Plantation Road into the Project and the new planned commercial development for Gander Mountain as shown on the U Conceptual Development Plan" prepared by Ryan Companies USA, Inc. dated 2 ATTACHMENT A September 7, 2006, as the same may be modified by the Company as necessary, (ii) public water and sewer extensions built to the standards of the Western Virginia Water Authority to serve this Project, (iii) storm water detention facilities as required by the County and the Commonwealth of Virginia, and (iv) any required road improvements, including but not limited to turn lanes and traffic signalization devices on Plantation Road as required by the Virginia Department of Transportation. The Company shall take all steps necessary to have the new road and associated storm water management systems accepted into the Commonwealth's system of public highways, and the water and sewer extensions accepted by the Western Virginia Water Authority. D. The Company agrees to provide the County and the Authority any and all documentation that may be required to verify the investment and construction costs (as referenced in paragraph 2.A) for the duration of this Agreement. 2. Procedures for the disbursement of Authority funds to the Company. A. Upon completion of the construction of the public infrastructure improvements described in paragraph 1.C, acceptance of the new road improvements into the Commonwealth's system of public highways, and acceptance of the water and sewer utilities by the Western Virginia Water Authority, the Authority shall make a Grant to the Company in the amount of $500,000.00. Upon issuance of a final certificate of occupancy for the Gander Mountain retail facility, the Authority shall make an additional Grant to the Company in the amount of $500,000.00, for a total Grant of $1,000,000.00. 3 ATTACHMENT A B. If the Company does not close on the acquisition of the Property or fails to complete the construction of the Gander Mountain retail facility or fails to construct and be accepted by the responsible public authorities the public infrastructure improvements described in paragraph 1.C by December 31, 2007, then the Authority shall be relieved of any obligation to the Company for any Economic Development Incentive Grant and the Company shall be relieved of any obligations under this Agreement. 3. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party's obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term a "force majeure" as used herein, shall include without limitation acts of God; hurricanes, floods, fire, tornadoes, earthquakes, storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; epidemics. 5. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 4 A TT ACHMENT A 6. This Agreement and any payments of public funds are subject to future appropriations by the Board of Supervisors to the Authority. IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Paul M. Mahoney, County Attorney By: Elmer C. Hodge, County Administrator Approved as to form: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By Attorney for EDA By: Chairman ST ATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of , 2006, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: 5 ATTACHMENT A ST A TE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of 2006, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: _/ _/ _ OPPIDAN, INCORPORATED By: Its: STATE OF ) )ss ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of 2006, by , as of Oppidan, Incorporated. Notary Public My Commission expires: _/ _/ _ 6 n't.') "'i~':l",'.;",'l,':r'~'''' 11...,....1 ..1'.....: _.. -(,,~, :,,, ~ Lnr--.:. ;''1"', """'''11 "-- I i \: I \ \ '\ \ '\ \ i \ \ 1\ 1 \ , 'I 'l \ \ \, i I \ \ \! \, i 1\ \ I I 1\ ! i , i : I , I : I (() I- Z W ~ I o <( I- ~ 1\ \ ~ \- y, ~ \. \ \'. \\ ,\ ,'. \\\\ .. :. I ! I t DQl-_1 .oHI> ...,. . -::1 1 '1 :" I 'I II I: II I I: j' 1 1 ~ .... I'" , i ;! ~! :.( ;1- ,!,_:: ~1 '; "., WI ,I 1\;; I-- i !,' I.. J ZI II \1: - i ': ~" i I : ; i, i 1 , 1- !;! i~ i i~l i~: ~\ :"_~ I ~~ .. I,"-! j' ':\ '!\ \I II I Ii Ii , , I; II 'l 1\ 1,\ ,! ; .~. ~ ~_c_ _.-- ~ ~ ~ ~~ ~ ~~~ ::; J ..= !.~~ :::: ::"- ~~ ,.;~~ ~ 2~ ~Ci~2;~ <::: ?;~~Cl:2~~h ~ ~~ ~- ~~!B ~ ~c:: ~~:~~'" ~-~ ~~ ~~~ ~ l:JS ~~~ .." !l i Ii ), 1 . , : . . ., lj ! I /~/ '/ ;/ I ,,. ,</ .-; ; .i/ II /1 ~ : ,- I .' , I' II! Iii Ii , ,I I \ , , .. I: , i I. , : . i Mn.....RM\~tll"'.......---.. ACTION NO. E-,.'j ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request to adopt a resolution authorizing a continuing disclosure agreement in connection with a financing by the Western Virginia Regional Jail Authority in an aggregate principal amount not to exceed $127,000,000 SUBMITTED BY: Diane Hyatt bH Chief Financial Officer Elmer C. Hodge ell County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Western Virginia Regional Jail Authority (WVRJA) is scheduled to sell bonds in January 2007 for the construction and start-up operations of the new jail. The resolutions to approve the sale of these bonds will be considered by the WVRJA at their meeting on December 21, 2006. The bonds that are being sold by the WVRJA are payable solely from funds that are generated by the WVRJA. They do not constitute a general obligation debt, pledge offaith or credit, or contingent obligation of any kind on the member jurisdictions. The obligation of the members is based upon the placement of prisoners, as stated in the service agreement which was entered into on October 1, 2005. This agreement also outlines the responsibilities and the participation levels of each of the entities. As part of the WVRJA financing, each of the localities is asked to approve and execute a continuing disclosure agreement. This agreement states that the locality will provide certain financial information on an annual basis to the National Repositories. This information is found in the Comprehensive Annual Financial Report (CAFR) of the County of Roanoke. The County is already providing this information for other bond issues that we have outstanding. The City of Salem approved a similar resolution on December 11, 2006. Montgomery County will be considering a similar resolution on December 18, 2006, and Franklin County on December 19,2006. FISCAL IMPACT: The attached resolution shows a bond size not to exceed $127,000,000. The State of Virginia will reimburse the WVRJA for 50% of the qualified construction cost of the jail, at the completion of the project, which is currently estimated to be $47,000,000. The remaining $80,000,000 may be reduced another $5,000,000 by purchasing a surety bond rather than funding a debt service reserve. Interest on the bonds will be capitalized through July 1, 2009. This will allow ample time for the jail to be completed and begin generating a cash flow. Based upon the service agreement, beginning July 1, 2009, the localities will begin making quarterly payments to the WVRJA for the Capital Cost component. These payments will make the annual debt payments of the WVRJA. The annual operating cost of the WVRJA will be divided into an operating per diem and billed to the user of the facility. Outside users will pay for the beds that are not needed by the member jurisdictions in the early years. As time goes on, these beds will be taken up by the member needs. The combined per diem for the operating and capital component is projected to be in the $42 - $45 range. STAFF RECOMMENDATION: Staff recommends approving the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19. 2006 RESOLUTION AUTHORIZING A CONTINUING DISCLOSURE AGREEMENT, DISCLOSURE INFORMATION AND CERTAIN ACTIONS IN CONNECTION WITH A FINANCING BY THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY The County of Franklin, Virginia, the County of Montgomery, Virginia, the County of Roanoke, Virginia and the City of Salem, Virginia are members of the Western Virginia Regional Jail Authority (the "Authority"). The Authority was created for the purpose of developing and operating a regional jail facility (the "Regional Jail") for the benefit of such member jurisdictions. The Authority plans to finance the development of the Regional Jail through the issuance of its regional jail facility revenue bonds and notes in an aggregate principal amount not to exceed $127,000,000 (the "2007 Obligations"). To assist with the sale of the 2007 Obligations to one or more underwriters or other financial institutions, the Authority has asked the County of Roanoke, Virginia (the "Member Jurisdiction") to enter into a Continuing Disclosure Agreement to be dated on or before the date of the issuance of the 2007 Obligations (the "Disclosure Agreement"). Further, as a member of the Authority, the Member Jurisdiction will be asked to provide certain information, including its audited financial statements, to the Authority for inclusion in an Appendix (the "Appendix") to the offering document to be circulated to investors in connection with the offering and issuance of the 2007 Obligations (the "Preliminary Official Statement"). The forms of the Disclosure Agreement and the Appendix have been made available to the members of the Member Jurisdiction's Board of Supervisors (the "Governing Body") prior to this meeting and have been filed with the Governing Body's records. After careful consideration and in furtherance of the public purposes for which the Authority was created and the Regional Jail is being developed, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. Authorization of Disclosure AQreement. The Disclosure Agreement is hereby approved in substantially the form made available to the members of the Governing Body prior to this meeting, with such changes, insertions, omissions or amendments (including, without limitation, changes of the dates thereof and therein) as may be approved by the Chairman of the Governing Body or the County Administrator. The approval of any such changes, insertions, omissions and amendments shall be evidenced conclusively by the execution and delivery of the Disclosure Agreement. The performance of the Member Jurisdiction's obligations under the Disclosure Agreement is authorized and directed. 2. Execution and Delivery of Disclosure Aareement. The Chairman of the Governing Body or the County Administrator, either of whom may act, are each authorized and directed to execute the Disclosure Agreement on behalf of the Member Jurisdiction and to deliver it to the Authority. 3. Authorization of Information for Preliminary Official Statement and Official Statement. The Chairman of the Governing Body or the County Administrator are each authorized and directed to work with the Authority to provide information with respect to the Member Jurisdiction, including its audited financial statements, that will be appropriate for inclusion in the Preliminary Official Statement, in substantially the form provided in the Appendix. The Chairman of the Governing Body or the County Administrator are each authorized and directed to provide such information with respect to the Member Jurisdiction, including its audited financial statements, for inclusion in the final Official Statement with respect to the 2007 Obligations, which information will be substantially similar to the information in the Preliminary Official Statement, with revisions necessary since the date of the Preliminary Official Statement as may be necessary or appropriate to incorporate therein. The underwriters for the 2007 Obligations are authorized to include the information provided by the Member Jurisdiction in accordance with this Resolution, including the Member Jurisdiction's Appendix and audited financial statements, in the Preliminary Official Statement and Official Statement distributed in connection with the offering and issuance of the 2007 Obligations. 4. Authorization of Further Acts and Documentation. The members of the Governing Body and the staff of the Member Jurisdiction are authorized and directed to execute and deliver on behalf of the Member Jurisdiction such other instruments, documents or certificates, and to do and perform such other things and acts, as any of them shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Disclosure Agreement or such instruments, documents or certificates. All such actions previously taken are hereby ratified, approved and confirmed. 5. Effective Date. This Resolution shall take effect immediately upon its adoption. Adopted: December 19, 2006 2 CERTIFICATE I, the undersigned Clerk of the Board of Supervisors of the County of Roanoke, Virginia (the "Governing Body") hereby certify (1) that the foregoing constitutes a true, correct and complete copy of a Resolution adopted by the Governing Body at a meeting duly called and held on December 19, 2006, with the members of the Governing Body present and absent and voting on the Resolution as set forth below; and (2) that the foregoing Resolution has not been repealed, revoked, rescinded or amended. ATTENDANCE VOTE AYE NAY NAME PRESENT ABSENT Michael A. Wray, Chairman Joseph P. McNamara, Vice Chairman Michael W. Altizer Joseph B. Church Richard C, Flora WITNESS my hand and the seal of the County of Roanoke, Virginia this _ day of December, 2006. Clerk Board of Supervisors County of Roanoke, Virginia (SEAL) 1547852v2 035519.001 3 CONTINUING DISCLOSURE AGREEMENT 1bis Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the County of Roanoke, Virginia (the "Member Jurisdiction"), in connection with the issuance by the Western Virginia Regional Jail Authority (the "Authority") of its Regional Jail Facility Revenue Bonds, Series 2007, and its Regional Jail Facility Revenue Anticipation Notes, Series 2007, in the aggregate principal amount of $ (together, the "2007 Obligations"). The Member Jurisdiction is one of member jurisdictions of the Authority. The Member Jurisdiction hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure A2reement. 1bis Disclosure Agreement is being executed and delivered by the Member Jurisdiction for the benefit of the holders of the 2007 Obligations and in order to assist the underwriters initially purchasing the 2007 Obligations (the "Underwriters") in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as the same may be amended from time to time, by providing certain annual fmancial information. Section 2. Annual Disclosure. (a) The Member Jurisdiction shall provide, or cause to be provided through a dissemination agent appointed by the Authority (the "Dissemination Agent"), annually certain fmancial information and operating data in accordance with the provisions of Section (b )(5)(i) of the Rule, as follows: (i) Audited fmancial statements of the Member Jurisdiction, prepared in accordance with generally accepted accounting principles (GAAP); and (ii) The operating data with respect to the Member Jurisdiction set forth in Appendix D in the Authority's Official Statement for the 2007 Obligations dated January _, 2007, including updates to the tables labeled: . Changes in Fund Balances, Governmental Funds · Assessed Value and Estimated Actual Value of Taxable Property . Direct and Overlapping Property Tax Rates . Property Tax Levies and Collections . Principal Property Tax Payers . Debt Policy Information If the financial statements filed pursuant to subsection (a)(i) above are not audited, the Member Jurisdiction shall file such statements as audited when available. (b) The Member Jurisdiction shall provide, or cause to be provided through a Dissemination Agent. annually the fmancial information and operating data described in subsection (a) above (the "Annual Disclosure") by March 31 of each year, reflecting the fmancial information and operating data for the Member Jurisdiction as of the end of the Member Jurisdiction's preceding fiscal year. The first such report shall be due by March 31, 2008, for the fiscal year ending June 30, 2007. Each such report shall be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository, if any then exists ("SID"). A listing of NRMSIRs as of the date of this Disclosure Agreement is attached as Schedule B hereto. (c) Any portion of the Annual Disclosure may be included by specific reference to other documents previously provided to each NRMSIR and to the SID or filed with the SEe; provided, that any fmal official statement incorporated by reference must be available from the Municipal Securities Rulemaking Board (the "MSRB"). (d) The Member Jurisdiction shall provide, or cause to be provided through a Dissemination Agent. in a timely manner to each NRMSIR or the MSRB and to the SID notice specifying any failure of the Member Jurisdiction to provide the Annual Disclosure by the date specified. If there is a Dissemination Agent, not later than March 15 of each year, commencing March 15, 2008, the Member Jurisdiction shall provide to the Dissemination Agent (1) its Annual Disclosure or (2) a certification that the Member Jurisdiction has filed its Annual Disclosure with each NRMSIR and any SID. If by any such March 15, the Dissemination Agent has not received a copy of the Annual Disclosure or certification, the Dissemination Agent shall contact the Authority and the Member Jurisdiction to determine if the Member Jurisdiction is in compliance with subsection (b). (e) If the Member Jurisdiction has failed to file its Annual Disclosure in a timely manner or if a Dissemination Agent is unable to determine whether the Annual Disclosure has been filed in a timely manner, the Member Jurisdiction or the Dissemination Agent, as applicable, shall send a notice to the Authority, each NRMSIR and any SID in substantially the form attached as Schedule A to this Agreement. (f) No Dissemination Agent shall be obligated to review, check or verify the contents of any document purporting to be an Annual Disclosure for compliance with this Disclosure Agreement, but shall only be obligated to distribute such documents as provided herein. Section 3. Termination. The covenants and obligations of the Member Jurisdiction specified in Section 2 will tenninate upon the redemption, defeasance (within the meaning of the Rule) or payment in full of all the 2007 Obligations. Section 4. Amendment. The Member Jurisdiction reserves the right to modify its obligations contained in Section 2 without the consent of the holders of the 2007 Obligations; provided, that such modification complies with the Rule as it exists at the time of modification. The Member Jurisdiction shall within a reasonable time thereafter send to each NRMSIR and the SID a description of any such modification. 2 Section 5. Defaults. (a) If the Member Jurisdiction fails to comply with any covenant or obligation regarding Annual Disclosure specified in this Disclosure Agreement, the Authority and any holder (within the meaning of the Rule) of 2007 Obligations then outstanding may, by notice to the Member Jurisdiction, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the Member Jurisdiction's covenant to provide the Annual Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the Member Jurisdiction to comply with any obligation regarding Annual Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the 2007 Obligations or the documents providing for the issuance of the 2007 Obligations and (ii) shall not give rise to any right or remedy other than that described in Section 5(a) above. Section 6. Additional Disclosure. The Member Jurisdiction may from time to time disclose certain information and data in addition to the Annual Disclosure. Notwithstanding anything herein to the contrary, the Member Jurisdiction shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 7. Beneficiaries. This Agreement shall inure solely to the benefit of the Member Jurisdiction, the Authority, any Dissemination Agent, the Underwriters and the holders from time to time of the 2007 Obligations, and shall create no rights in any other person or entity. Section 8. Alternative Filine: Method. Any filing under this Agreement may be made solely by transmitting such filing to the Texas Municipal Advisory Council (the "MAC") as provided at http://wv.rw.disclosureusa.org unless the SEC withdraws the interpretive advice in its letter to the MAC dated September 7,2004. Section 8. Governin2: Law. This Disclosure Agreement will be construed and enforced in accordance with the laws of the Commonwealth of Virginia [REMAlNDER OF THIS PAGE INTENTIONALLY LEFT BLANK] ..., .) Dated: January _, 2007. COUNTYOFROANOKE,VffiGDUA By Name: Title: Schedule A: Schedule B: Fonn of Notification of Failure to File Annual Disclosure Listing ofNRMSIRs as of the date oftbis Disclosure Agreement 1547924v2 035519,001 4 SCHEDULE A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL DISCLOSURE Name of Borrower: WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Name of Issue: $ REGIONAL JAIL FACILITY REVENUE BONDS, SERIES 2007 $ REGIONAL JAIL FACILITY REVENUE ANTICIPATION NOTES, SERIES 2007 CUSIP Numbers for Bonds: to CUSIP Number for Notes: Dated Date / Date of Issuance: January _, 2007 Name of Obligated Person for Whom this Notice is Given: COUNTY OF ROANOKE, VIRGINIA NOTICE IS HEREBY GIVEN that the Obligated Person named above has not provided an Annual Disclosure with respect to the above-named 2007 Obligations as required by the Continuing Disclosure Agreement dated as of January _, 2007, executed and delivered by the Obligated Person. [The Obligated Person anticipates that the Annual Disclosure will be filed by the Obligated Person by .J Dated: COUNTY OF ROANOKE, VIRGINIA (NAME OF DISSEMINATION AGENT} By: Name: Title: cc: Authority Obligated Person SCHEDULE B LIST OF NRMSIRs AS OF THE DATE OF TmS DISCLOSURE AGREEMENT On the date of this Disclosure Agreement, the following are NRMSIRs approved by the Securities and Exchange Commission: Bloomberg Municipal Repository 100 Business Park Drive Skillman, NJ 08558 Telephone: (609) 279-3225 Facsimile: (609) 279-5962 E-mail: Munis@Bloomberg.com DPe Data Inc. One Executive Drive Fort Lee, NJ 07024 Telephone: (201) 346-0701 Facsimile (201) 947-0107 E-mail: nrmsir@dpcdata.com FT Interactive Data Attn: NRMSIR 100 William Street, 15th Floor New York, NY 10038 Telephone: (212) 771-6999 Facsimile: (212) 771-7390 E-mail: NRMSIR@interactivedata.com Standard & Poor's Securities Evaluations, Inc. 55 Water Street, 45th Floor New York, NY 10041 Telephone: (212) 438-4595 Facsimile: (212) 438-3975 E-mail: nrmsirrepository@sandp.com APPENDIX D INFORMA TION REGARDING THE COUNTY OF ROANOKE THE COUNTY OF ROANOKE, VIRGINIA DEMOGRAPIDC, FINANCIAL AND OTHER INFORMATION Introduction In the l740s, the first Scotch-Irish and German settlers reached the upper Roanoke Valley by traveling from Pennsylvania through the Shenandoah Valley. They were joined by Tidewater Virginians of English ancestry who journeyed up the valleys of the James and Roanoke Rivers. Roanoke County (the "County"), is named after the Roanoke River, which flows through the County. The County was fonned in 1838 from a portion of Botetourt County and in 1849 a portion of Montgomery County was added. Roanoke County's name comes from the Indian word "Rawrenock," which means wampum. Wampum were white shell beads worn by Native Americans. This explanation comes from Captain John Smith, who wrote about the origins of Roanoke Island in North Carolina's Albermarle Sound. Most of the County was rural in nature and farming was predominant throughout the area. By the latter half of the 20th century, the County was in transition from fann to factory, but the County's rural population was still relatively large in 1920. The County today has a population of approximately 87,300 and is a mostly suburban area that surrounds the City of Roanoke. Its 251 square miles include the Town of Vinton; Hollins, home of the prestigious Hollins University for women; and historic Bonsack. A diversified economic base provides security from market fluctuations related to particular products. The County's pioneering spirit extends to modern times. In 1989, the County was named an All- American City. Regional cooperation, public-private partnerships, citizen involvement, innovation, and quality services provide the foundation for the County's strength. The County was the first in the Commonwealth of Virginia to have curbside recycling, and in 1996, the library system began offering free public access to the Internet. In November 1992, the Roanoke County Police Department became the first nationally accredited department in Southwest Virginia. From its beginning, the County has served as a catalyst for growth and unity in the Roanoke Valley. In fact, most of the present day neighborhoods in the Valley started life within Roanoke County. The County continues to support this cooperative spirit with its citizens, private commercial and industrial interests, and area localities. Government The County is governed by a charter approved by the 1986 session of the Virginia General Assembly which grants additional authority to the County Administrator. The Board of Supervisors is the governing body of the County. Members of the Board of Supervisors, one from each of five magisterial districts, are elected to four-year terms. Board members annually select a Chairman and Vice-Chairman to each serve a one-year term. The Board of Supervisors appoints a County Administrator to act as administrative head of the County. The County Administrator serves at the pleasure of the Board of Supervisors, carries out its policies and directs business procedures. All department heads report to the County Administrator except for the School Board, Welfare Board, Library Board, Health Department and the County Attorney who report directly to the Board of Supervisors. Five constitutional officers (Commissioner of the Revenue, Commonwealth's Attorney, Clerk ofthe Circuit Court, Sheriff, and Treasurer) are elected by the voters of the County and are not accountable to the Board of Supervisors, but work closely with the Board of Supervisors and the County Administrator. The operation of public schools in the County is vested in a five-member Roanoke County School Board (the "School Board"), the members of whom are elected by the citizens of Roanoke County to serve four-year terms. The local share of the cost of operating public schools in the County is met with an appropriation by the Board of Supervisors from the County's General Fund. Operations of the School Boarc4 however, are independent of the Board of Supervisors and the County administration, as prescribed by Virginia law. A Superintendent is appointed by the School Board to administer the operations of the County's public schools. The Judges of the Circuit Court, the General District Court and the Juvenile and Domestic Relations District Court are appointed by the General Assembly of the Commonwealth. Audited Financial Statements The County's audited financial statements for the fiscal year ended June 30, 2006 are attached to this Appendix D. Copies of future audited [mancial statements may be obtained from the County Administrator, 5204 Bernard Drive P.o. Box 29800, Roanoke, Virginia 24018-0798, Telephone (540) 772-2020, Facsimile (540) 772-2] 86. Financial and Demographic Information Shown on the following pages is certain financial and demographic information regarding the County. D-2 .. 'D r:: ::l IL ~3 zc:: oe !!: E e >.. "' w-~_:: ll:OO~iii -- u ~!:g~ Or::"'r:: ~ ~ ll! Olll _ ~-g 5 ~~ 0E: u .. .. QI C "' .I::. () ~ .. .. >- iO u .. u:: .... '" '" .... ID '" '" .... '" '" '" .... o o o '" .... <> o .... .... o o .... '" o <> .... "" <> o .... 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"' .. c :c ~ ~ '" " '" o 0. " ~ 6 " :0 E ... > .. i5 c c .S! iii E o :g to a a N c:: u.. <l: l.) >- E ::> o l.) IV x o t: <ll o c:: Cl) !:' I~ COUNTY OF ROANOKE, VIRGINIA Demographic Statistics Last Ten Fiscal Years (Unaudited) June 30, 2006 Personal Income Per Capita Fiscal (thousands Personal School Unemployment Year Population(1) of dollars)12) Income(2) Enrollment(3) Rate %(4) 1997 81,700 $ 3,026,538 $ 28,588 13,B63 2.7 199B 83,200 3,178,079 30,055 13,898 1.7 1999 83,700 3,215,891 30,408 13,862 2.2 2000 85,778 3,362,886 30,422 13,B56 2.0 2001 86,800 3,577,363 32,351 13,865 2.2 2002 86,600 3,654,128 32,843 13,930 3,4 2003 87,500 3,679,138 32,924 14,127 2.5 2004 88,800 3,907,019 34,878 14,279 2.7 2005 90,000 3,907,019 34,878 14,365 3,1 2006 90,000 3,907,019 34,878 14,728 2.8 Sources; {1) From VaStat, a service of the Weldon Cooper Center for Public Service. Latest information available is for 2004. (2) Per Capita Personal Income from the Bureau of Economic Analysis. Latest information available is for 2004. (3) Roanoke County Public Schools (4) Virginia Employment Commission Source: Roanoke County CAFR, 2006 D-5 COUNTY OF ROANOKE, VIRGINIA Assessed Value and Eslimatad Actual Value of Taxable F'roperty (Unaudttecl) Last Ten Fiscal Years estimated Public Total Taxable Real F'roperty Personal Actual Fiscal Real Penoonal Servic:e Assessed Total Direct Property Tauble Year Property Property Corporation Value Tax Ratt Tax Rate Value 1997 3,771,706,000 553,405,634 158,654,256 4,483,765,890 $1.13 $3.50/3.00 $ 63,485,309 1998 3,969,240,000 581,197,512 166,801,649 4,717,23S,161 $1.13 $3.SQI3.oo $ 66,681,325 1999 4,172,797,700 614,632,926 169,087,971 4,956,518,597 $1.13 $3.5013.00 $ 66,330,436 2000 4,384,012,000 638.435,868 191,188,963 5,213,636,831 $1.13 $3.5013.00 $ 68,789,577 2001 4,643,168.800 656,165,873 195,341,354 5,494,676.027 $1.12 $3.5013,00 $ 65,970,681 2002 4,934,402,800 656.879,439 193.280,816 5,784,563.055 $1.12 $3.5013.00 $ 69,036,458 2003 5,219,760,400 685,832,531 209,24a,724 6,114,841,655 $1.12 $3.SQI3.00 $ 73,501,276 2004 5,563,983,100 663,297,004 218,702,303 6,445,982,407 $1.12 $3.5013.00 $ 76,962,326 2005 5,969,476,500 725,053,654 207,774,445 6,902,304,599 $1.12 $3.50/3 ,00 $ 81,447,134 2006 6,441,496.100 768,161,943 207.613,114 7,417,271,157 $1,11 $3.5013.00 $ 87,516,565 Source: Roano~e County Real Estate Land Boo~s Notes: All tax rates per $100 of assessed value. Personal Property Tax Rates = $3.50 for Personal Prnperty; $3.00 for Machinery and tools. COUNTY OF ROANOKE, VIRGINIA Direct and OYel1applng Property Tax Rates (Unaudited) Last Ten Flsc:al Yeano Fiscal Year Direct Rites County of Roanoke Personal Property 11}!21 Real PropertY (11 Second Half Total First Half 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 $0,565 $0.565 $0.565 $0.565 $0,560 $0.560 $0.560 $0.560 $0.560 $0,555 $1.13 $1.13 $1,13 $1.13 $1.12 $1.12 $1.12 $1.12 $112 $1.11 $3.50/3.00 (3) $3.50/3.001>1 $3,5013.00 I') $3.50/3.00 (3) $3,5013,001'1 $3.5013.0013) $3,50r300 1'1 $3.5013.00 I') $3.5013.00 (31 $3.5013.00 (3) $0,565 $0.565 $0,565 $0.565 $0,560 $0.560 $0.560 $0.560 $0.560 $0.555 (I) All tax rates per $100 of assessed value. 121 Applies to tangible personal property, machinery and tools ('I Tangible personal property. $3,$0; Machinery and toois. $3.00. Source: Roanoke County Real Estate Land Books Real Property 111 Overlapping Rates Town of Vinton Personal Property 111121 $0.05 $0,05 $0.05 $0.05 $0.05 $0.05 SO.05 $0.05 $0.05 SO.05 $1.00 $1.00 $1,00 $1.00 $100 $1.00 $1.00 $1.00 $1.00 $1,00 Notes: The County's tax rates are l1etermined each year by the Roanoke County Board of Supervisors. Overlapping rates are those of the Town of Vinton, whiCh is located in the County of Roanoke. Only those residents living in Vinton are subject to the Town of Vinton's tax, in addition to the County of Roanoke's tax, Source: Roanoke County CAFR, 2006 D-6 CIl ~ t: o z; ~~ :;:0 ~ .0 Gl W,,_>- ~t:"- OftlQlftl Z CIl:= ~ <( .!!! -g .- O>ftlu. 0:: Gl t: t: ~::)Gl u.)(_r Oftl - >-r fd r >0 ..J zt::: ::) Gl oc.. o e a. Gl > .c. CD -..J t: Gl .- .c. 5- .- - ~ 0 'tJ L.. Gl ftI _ CD u>- Gl_ = ftI o U o .!!? u. Gl - ftI Q o - CIl t: o :;:; (,) j! '0 o 1ii - o r Gl CD ,*-?fl. '?J.'*-"::R. ?fl.'?J.?fl. 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Q) 0 e .= 1-<l::>O::~LL 1Il o c: jc.S o~g .:t: 'y'..5~...J~~. ~ III ~ ~ ~ 2 'c.E en O~ 2 g.- -.~ E! _' <.i ra CC oc:~Ec OJo-C1.EO 0 1?OO=~oo>-;;:; III 1Il-,<: 0::== III ",OJIIlOJ~u..9!~Z _E0~>:.::;O>o::c IIlOOJOQlCC 0 1Il J: -'<: -'<: III III ~ .- OJ/I)oIVo:.::;I-~5 OllllC:Oc<l::lll0 .~ ~ ~ ~ ~ ij) ~ ~ ~ >--1o::a.o::co;)C:r:iL 00>0> >- C <Il 0- E >- o C o 0 ~ c. ~ ~ OJE UJ <Il U ..r:: .~ ~ C 'S :2 r!:J 0 o-:r:CJ) J:~l...",:,:: :c~~o Ql~ ~5 llJ<l::CJ)Z ?f. LO CD N lCl t-- <") N ~ o .... '<I' co ,..; lC) co N ra '0 I- 00 6 C III E -e III 0- III o C Q) E rn If) Q) If) 1Il <( Q) 19 If) IJ.J ra IV c:: >- C :J o o OJ ~ :J o r.n (0 o o N ci LL <l:: () >- c OJ o () OJ .:t: o C co o 0:: i1i ~ OJ o (IJ DEBT MANAGEMENT COUNTY OF ROANOKE. VIRGINIA Debt Policy InfD.....tiDn (U....udlad) ~ Ten FlSc.r Vu,. Fiscal Vur 2l106 2005 2004 2003 2002 2001 2000 1991l 1998 Go""",t bonded _ outslanding Genoral otlIigation Bona. $ 21,185,582 $ 23.2117 .203 $ 25,716,449 $ 25,538,396 $ 25.860,000 $ 27.055.000 $ 29.910.:142 $ 32,605,555 $ 35.205,887 $ LeaM Rewnue Bondl 25,517,803 26,281,871 26,703265 4,899, I 94 5,425,149 5,743.100 3290.000 3,465,COO 3,635,000 VPSA SCIlDoI Bondi 65,053,722 89,7OB2n 74,499,309 56.144,053 59,864,797 48,906,368 :14,683.290 29,699.924 18,280.000 5_ Uterary Bondo 6,888,530 7,738,582 8,&22,594 9,506 626 10.390,858 11,274.690 12.158.722 10,610.355 5,988,122 T otlll net debt applicablo $ t I 8,645,617 $ 127,015,908 $ 135.541,617 $ 96,088,271 $ 101,540,804 $ 92,979.158 $ 80,042,354 $ 76,380.834 $ 63,109,009 $ 10 debt limits Raba- rln8'l. oeD!. to Bsseasecl 1.60% 1,84% 2,00% H9% 1.66% 1.59% 1.47% 1.47% 1.26% Ilucablo property valuo Debt limn per policy lor pl'Dperty 3% 3% 3% 3% 3% 3% 3% 3% 3'.. nlue Per capita 1,318 $ 1,440 $ 1,537 $ 1,098 $ 1,173 $ 1.071 $ 933$ 913 $ 759 $ Debt timH per poflCy tor per capita 2,500 $ 2,500 $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 1.500 $ 1,500 $ 1,500 $ Debt "'Mce to (lEtneral govemmen"-I 6,13% 6,63% 5.63% 524% 5.36% 6.40% 6.60% 5.93% 6.10% expenditures Debt imil per policy lor 9"noral 10% 10% 10% 10% 10% 10% 10% 10% 10% gavemment.al expendl'lures Notel: Details regarding ftJltt County's; ol.1t5tan-Olng debt ~n be found irI the I'lotes '0 the fin..n~1 state-ments. pll)perty value datil can be found Dn Tab~ 5. Per c.aptta dillrl can be found Ofl Table 12. Genel1ll gowmmel"l'tal mcpenditures include tI1e Governmental fund elCPl'n~ures, the Sehool8o.rd component unit expenditures, and County .andSctlool Ir1trIsfe.r tD Capital Projects. and Propietary f\N1 The County doeo not ha... ..r Constitutional or 5tslutoty Debt Limits. Source: Roanoke County CAFR, 2006 Post-Employment Benefits Other Than Pensions The Governmental Accounting Standards Board (GASB) has adopted a new Statement #45 entitled "Accounting and Financial Reporting by Employers for Post-Retirement Benefits other than Pensions" that requires localities to recognize the post-retirement benefits other than pensions (such as healthcare and related costs) that localities have agreed to provide their retired employees. The County will be required to implement GASB Statement #45 and incorporate such information into its financial statements beginning in fiscal year 2008. The County is in the planning stages for implementing the post employment benefits accounting pronouncement. The County and the County's Public Schools have recently received a preliminary actuarial valuation. Over the next several months, staff will review this information with the Board of Supervisors and the School Board and look at possible refinements to the current policies. Decisions made by the Board of Supervisors and the School Board in the future could change the amount of the Unfunded Actuarial Accrued Liability at the time statement implementation is required. Pension Plan Refer to note 12 of the audited financial statements. Contingent Liabilities Refer to note 14 of the audited financial statements. ] 546890v2 D-9 ACTION NO. ITEM NO. H- - \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Second reading of an ordinance amending Section 2-118 of the Roanoke County Code, "Manner of Addressing the Board- Time Limit", to provide for yielding and accumulating additional time for speakers SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Chairman has requested that the County Attorney draft an ordinance to place reasonable restrictions and limitations upon speakers at public hearings - more particularly to place a limitation upon speakers yielding time to other speakers. It is the intention of the Board of Supervisors to provide an opportunity for all citizens to speak on matters of public concern; however, it is also the intention of the Board not to permit one person to monopolize the public discussion. Unfortunately some individuals have abused the opportunity to speak at public hearings. The Planning Commission recently adopted By-Laws to govern its procedures, and it included a limitation on the yielding of time from one speaker to another. It is suggested that the Board adopt a provision in its rules of procedure paralleling that of the Planning Commission. The draft ordinance limits the opportunity for speakers to yield their time to another speaker to no more than 9 minutes. The Board reserves the right to grant additional time to a speaker at its discretion. STAFF RECOMMENDATION: None AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 ORDINANCE AMENDING SECTION 2-118 OF THE ROANOKE COUNTY CODE, "MANNER OF ADDRESSING THE BOARD-TIME LIMIT", TO PROVIDE FOR YIELDING AND ACCUMULATING ADDITIONAL TIME FOR SPEAKERS WHEREAS, by Ordinance 011299-2 adopted on January 12, 1999, the Board of Supervisors of Roanoke County established Article V. "County Board Organization and Procedure" for meetings of the Board of Supervisors; and WHEREAS, Section 2-118 of the rules of organization and procedure sets out the manner of addressing the board and limits the address to three (3) minutes; and WHEREAS, recent practice of citizens addressing the Board has resulted in time being yielded from one speaker to another allowing more than a three (3) minute limitation on an individual speaker; and WHEREAS, the Board is desirous of maintaining an opportunity for the citizens to address the Board in a uniform and consistent manner. WHEREAS, on November 7, 2006, the Planning Commission amended and adopted its By-Laws for the Commission and its rules of procedure for the conduct of its meetings; and, WHEREAS, the Board believes that it is important for the rules of procedure for the Board's and Commission's public meetings be consistent so as to avoid confusion; and; and WHEREAS, the first reading of this ordinance was held on December 5, 2006, and the second reading was held on December 19, 2006. NOW THEREFORE, BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia: 1. That Section 2-118, Manner of Addressing the Board-Time Limit" be amended and readopted to read as follows: Sec. 2-118. Manner of addressing the board--Time limit. (a) Each person addressing the board shall step up to the microphone in front of the podium, shall give his name and address in an audible tone of voice for the record, and unless further time is granted by the board, shall limit his address to three (3) minutes. A speaker may yield his/her allotted time to another speaker but no speaker may accumulate more than a total of 9 minutes speakinq time, unless qranted additional time by the Board. (b) All remarks shall be addressed to the board as a body and not to any member thereof. (c) No person, other than the board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the board, without the permission of the presiding officer. (d) No question shall be asked a board member except through the presiding officer. 2. That this ordinance shall be effective from and after the date of its adoption. 2 ACTION NO. ITEM NO. 11-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19,2006 AGENDA ITEM: Appointments to Committees, Commissions and Boards 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. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Richard L. Williams expired on October 24, 2006; the four-year term of Wilmore 1. Leffell expired on December 12,2006. Mr. Williams has advised that he does not wish to serve an additional term. Larry W. Degen, alternate member, has advised that he is willing to serve as a full member of this board. Mr. Leffell has advised that he is willing to serve an additional four-year term that will expire on December 12, 2010. It was the consensus of the Board to add confirmation of these appointments to the consent agenda. 2. Library Board (Appointed by District) The four-year term of Phyllis C. Amos, Cave Spring Magisterial District, will expire on December 31,2006. J \ -(0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19. 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 December 19, 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 - December 5, 2006 2. Confirmation of committee appointments 3. Request from the Fire and Rescue Department to accept and appropriate the amount of $4,500 from Lewis Gale Hospital for the Cardiac 12-Lead ECG program 4. Request to reallocate $118,000 from the Mountain View Road project to a new account for road improvement projects 5. Request to accept and appropriate a local government challenge grant in the amount of $5,000 from the Virginia Commission for the Arts 6. Request to accept the donation of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s) across property of Robert Erickson, Betty Brown and James Minnix, Trustees of Colonial Avenue Baptist Church, Cave Spring Magisterial District 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19,2006 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. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Richard L. Williams expired on October 24, 2006; the four-year term of Wilmore 1. Leffell expired on December 12,2006. Mr. Williams has advised that he does not wish to serve an additional term. Larry W. Degen, alternate member, has advised that he is willing to serve as a full member of this board. Mr. Leffell has advised that he is willing to serve an additional four-year term that will expire on December 12, 2010. It was the consensus of the Board to add confirmation of these appointments to the consent agenda. ACTION NO. ITEM NO. 3-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate the amount of $4,500 from Lewis Gale Hospital for the Cardiac 12-Lead ECG program SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. elf- County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Lewis Gale Hospital Accredited Cardiac Center has awarded the Fire and Rescue Department a one-time $4,500.00 to help start a Cardiac 12-lead monitoring pilot program. These funds will be utilized by Fire and Rescue for a portion of the start-up cost to initiate this new life saving pre-hospital procedure. FISCAL IMPACT: The Fire and Rescue Department has already purchased two (2) 12-Lead Monitors to initiate this program. AL TERNA TIVES: The Fire and Rescue department will have to bear the entire cost of initiating this pilot program. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $4,500 into the Fire and Rescue Department's budget line item 487100-6040. ACTION NO. I:!:l ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request approval to reallocate $118,000 from Mountain View Road project to a new account for road improvement projects SUBMITTED BY: T arek Moneir Deputy Director of Development Services Elmer C. Hodge [/1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On May 27,2003, the Board of Supervisors approved resolution R-052703-3 in support of the Virginia Department of Transportation Secondary Road Project 0651-080-305, C501 Mountain View Road (Rte 651) and appropriated $118,000 towards the design and construction of a designated bike lane (50% of VDOT's estimated cost - $236,000). Prior to March 2004, VDOT's policy on constructing bike lanes as part of a road project required the locality to pay 50% of the construction cost. Since March 2004, VDOT's policy has changed allowing the construction cost of bike lanes to be absorbed as part of secondary construction funds. This leaves $118,000 of the County capital appropriation funds available for other projects within the County. Staff is now requesting that the Board reallocate County Minor Capital Improvements account 102485 entitled "Mountain View Road" to County Minor Capitol Improvements account for road projects. On a request of the Board last year, staff was ask to review the top 10 of our list of 22 rural addition (which contains roads throughout all the magisterial districts) projects and determine which projects involve little or no speculative interest. At the time of such request, the Board did not appropriate any additional funds to facilitate expenditures of preliminary engineering design and preparation of constructions plans. 1 . . Staff is moving forward with this request and would ask that this Minor Capitol Improvement account be reallocated in order to facilitate the evaluation review process. By approving this request, these funds can be used to cover the costs associated with this preliminary engineering review and preparation of the construction plans for those projects which can be expedited. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends reallocating $118,000 from the Mountain View Road project to a new account for road improvements in the County Minor Capital Fund. 2 ACTION NO. ITEM NO. =..- 1.:- '--' - :;) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request to accept and appropriate a Local Government Challenge Grant in the amount of $5,000 from the Virginia Commission for the Arts. SUBMITTED BY: W. Brent Robertson Director of Management and Budget Elmer C. Hodge C /-J- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County applied for a Local Government Challenge Grant from the Virginia Commission for the Arts. The Commission will match up to $5,000, (if full funding is approved) any donation the County makes to qualified art organizations in the valley. In the FY2006-07 budget, the Board of Supervisors approved an appropriation of $2,700 for the Arts Council of the Blue Ridge; $1,900 for the Harrison Museum of African American Culture; $6,400 for Mill Mountain Theatre; and $6,400 for the Roanoke Symphony Orchestra. Staff, therefore, applied forthe maximum grant allocation of $5,000. Roanoke County was awarded $5,000 for FY2006-07. FISCAL IMPACT: Staff recommends dividing the $5,000 grant evenly between the Arts Council of the Blue Ridge, the Harrison Museum of African American Culture, Mill Mountain Theatre, and the Roanoke Symphony Orchestra. Combined with the County's appropriation, the following amounts would be available to the organizations referred to above: OrQanization Arts Council Harrison Museum Mill Mountain Theatre Roanoke Symphony County Appropriation $ 2,700 1,900 6,400 6,400 $ 17.400 VCA Grant $1 ,250 1,250 1,250 1,250 $ 5.000 Total $ 3,950 3,150 7,650 7,650 $22.400 AL TERNA TIVES: There are no alternatives to this agenda item. STAFF RECOMMENDATION: Staff recommends acceptance of the Local Government Challenge Grant from the Virginia Commission for the Arts in the amount of $5,000 to be distributed as indicated above. 2 ACTION NO. ITEM NO. 000;- I ---) - '---./) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Request to accept the donation of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s) across property of Robert Erickson, Betty Brown and James Minnix, Trustees of Colonial Avenue Baptist Church, Tax Map No. 77.18-4-29, in the Cave Spring Magisterial District SUBMITTED BY: Arnold Covey Director of Community Development Elmer C. Hodge C /f County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: This consent agenda item involves acceptance of the following easement conveyed to the Board of Supervisors of Roanoke County for approximately 3,182 square feet. in the Cave Spring Magisterial District: A perpetual RIGHT and EASEMENT, of approximately 3,182 square feet, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated March 11, 1999, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1613, page 1028, and designated on the Roanoke County Land Records as Tax Map No. 77.18-4-29 (the "Property"). The location of said easement is more particularly described as that traversing Lot 2A on the plat entitled "Easement Plat for Roanoke County Showing a New 15' Public Drainage Easement Across Lots 2A, 9, 10, 11 and 12 Block 1, Section 1, Castle Hill Development, Cave Spring Magisterial District Roanoke County, Virginia" by Parker Design Group, dated February 23, 2006 and recorded in the Clerk's Office, Roanoke County Circuit Court in Plat Book #0, Page 72, and by this reference made a part hereof (the "Plat"). The location and dimensions of this easement have been reviewed and approved by the County's engineering staff. STAFF RECOMMENDATION: Staff recommends acceptance of this easement. 2 ACTION NO. ITEM NO. K - I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19,2006 AGENDA ITEM: Request to schedule a work session on January 23, 2007, to review the Fire Hydrant Placement and Flow Policy Elmer C. Hodge ftJ! County Administrator SUBMITTED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Based on discussions that I have had with Paul Mahoney, Chief Rick Burch, and Arnold Covey, I am requesting that the Board schedule a work session for January 23, 2007, to review the Fire Hydrant Placement and Flow Policy. This policy establishes the requirements for the placement of fire hydrants and the fire flow requirements for various land uses and for the construction of new buildings or developments or the renovation of existing structures in Roanoke County and the Town of Vinton. These policies clarify the responsibility and authority of the County and the Western Virginia Water Authority for determining when and where fire hydrants, fire flows and access roads shall be required. The Western Virginia Water Authority had included these requirements for fire hydrants and fire apparatus access roads in its regulations. The Authority's regulations do not address fire flow requirements and all situations requiring the placement of hydrants and access roads, so it is necessary for Roanoke County to adopt a policy establishing these public safety requirements for the new construction of or renovations to facilities, buildings and developments in Roanoke County and the Town of Vinton. The Board of Supervisors has approved a variety of development policies and regulations, including the Design and Construction Standards Manual. These policies will be incorporated into the other County development policies for application and enforcement purposes. In addition these policies will establish internal guidelines to coordinate the timely review and approval of plans. Adoption of these policies by the Board will provide notice to the engineering and development community of these important and critical public safety policies. Staff has met with the Roanoke Regional Homebuilders Association to inform it of any proposed change in policy. STAFF RECOMMENDATION: It is recommended that the Board schedule a work session on January 23, 2007, to consider and discuss the Fire Hydrant Placement and Flow Policy. 2 tJ .'" ( GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Amount Prior report balance $13,281,742 8.08% Addition from 2005-06 Operations 1,506,678 Audited balance at June 30, 2006 14,788,420 July 1, 2006 Payment on Loan from Explore Park 20,000 Balance at December 19, 2006 14,808,420 9.01% 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 $14,788,420 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C H County Administrator r{-e~ COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited Balance at June 30, 2006 Amount $5,834,217.61 Remaining funds from completed projects at June 30, 2006 631,412.94 Transfer from Department Savings 2005-2006 453,189.00 12/5/2006 Renovations to Roanoke County Courthouse (184,775.00) Balance at December 19, 2006 $6,734,044.55 $5,000,000 of this reserve is being used to upgrade Public Safety Radio System Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited Balance at June 30, 2006 $679,628.00 2006-07 Capital Improvements Program-New County Garage (500,000.00) Appropriation from 2005-2006 Operations 869,992.00 Balance at December 19, 2006 $1,049,620.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C H County Administrator RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Audited 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 December 19, 2006 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge c: fI County Administrator fY~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 Audited Balance at June 30, 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 December 19, 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 {' If 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: December 19, 2006 AGENDA ITEM: Accounts Paid-November 2006 SUBMITTED BY: Rebecca E. Owens Director of Finance Elmer C. Hodge {" H- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,970,890.59 Payroll 11/03/06 968,669.25 118,015.20 1,086,684.45 Payroll 11/17/06 927,241.41 110,262.92 1,037,504.33 Manual Checks 4,785.94 4,785.94 Voids Grand Total $ 7,099,865.31 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. I '<) co ~ N ~ v ~i ~ 0. Cl .~ C .~ ... ;> or ..:l: o C 01 o " "'" o >, .... C = o U 2 ..: N ~ '" r'- ~ ;: '" c .2 .... 01 .;: c.. o ... c.. c.. ~ "Cl C 01 '" ... 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I 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) 1 0/05/05 Progress Payment #9 (774,442) 1 0/13/05 Change Order (006) - Convert Citations and Warrants Databases no cost 1 0/20/05 Progress Payment #10 (664,909) 12/08/05 Progress Payment #11 (1,196,297) Northrop-Grumman Date Description 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) 09/28/06 Progress Payment #20 (1,110,618) 10/26/06 Progress Payment #21 (1.451,867) 11/30/06 Progress Payment #22 (1,579,614) 12/14/06 Progress Payment #23 (556,132) Balance at December 19, 2006 $ 2,962.489 $ 245,619 · The funds to be used for change order #002 were taken from departmental E911 funds. 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E - - U LL :t:: (j) ltl (i) 0 (/l .2 -0 -0 L... -0 -0 U <( <( <( c "'C (C Q) 0 0 > N 0 .... (C ('"') 0 (C (C ..... 0 0 0 L... <t: N 0 0 <V ~ N N .0 ..... 0 0 E CO N N N <V 0 <V - c ~ ~ c.. :J :::l :::l <V ....., ....., ....., (j) (C 0 0 .... N L... Q) 0 .0 (j) - ltl E L... L... - :::J .!!l L... <V 0 Z .0 c - .... E E ltl L... Q) L() (C I'"'- CO (i) -0 - "'C ..... ..... ..... ..... U <( .!!l .... (i) :>.Qi _ c 0 0 0 0 0 0 >- >- (i) .- CO c - CO Cl E Q) - -0 C C -0-0 0 0 :::l (i) o 0 -00<( C tJ) - ~ I >- ltl :t:: -0 CO E o . 0 L... _ J:: (ij L... (i) C () .0 c- c..E :J - (IS ::l 0 :::l c.. _ 0 f- (j) 0<( <(lJ.JO ACTION NO. ITEM NUMBER fY.~9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 19, 2006, AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of November 30, 2006, SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY SUNTRUST/ALEXANDER KEY CONTRA SUNTRUST SECURITIES SUNTRUST SECURITIES CONTRA 60,040,817.03 (151,868.98) 12,040,000.00 (21,880.00) 71,907,068,05 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 6,407,772.90 6,407,772,90 MONEY MARKET: BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST/ALEXANDER KEY SUNTRUST SECURITIES SUNTRUST SWEEP WACHOVIA 2,116,031.21 1,159,349.70 8,111,435.90 1,045,098.18 4,874,635.50 2,486,186.72 19,792,737.21 US-TREASURY BILLS/NOTES: SUNTRUST/ALEXANDER KEY TOTAL 10,961,218,98 10,961,218.98 109,068,797.14 11/03/06 ACTION NO. ITEM NO. ~-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 Work session to discuss the elimination of County decals for the tax year 2008 AGENDA ITEM: SUBMITTED BY: Kevin Hutchins Treasurer Elmer C. Hodge ~ fJ~_ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Local governments across Virginia are eliminating decals. In my previous memo to you, I explained that the best time to eliminate decals in Roanoke County would be the 2008 tax year. As part of the on-going HP migration process, the County of Roanoke is currently selecting a new software package for the personal property system. This new system will be installed over the next year, and will be used for the first time for the 2008 tax bills. Since we will be negotiating needs and prices with the software vendors during January 2007, it is necessary to have a definite direction for the elimination of decals at this time. t During the work session, we will discuss our recommendation for eliminating the decals while still ensuring the revenue stream. In addition, we will talk about what other localities are doing, and review our timeline in more detail. We will bring any needed changes to the Board for action in January 2007. (/) ~1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. . . ACTION NO. ITEM NO. ~- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Public hearing to consider requesting that the Virginia Department of Transportation restrict through truck traffic on Clearbrook Lane (Route 674), Cave Spring Magisterial District, and adoption of resolution SUBMITTED BY: Philip Thompson Deputy Director of Planning Elmer C. Hodge U- I/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In October, the Board instructed staff to investigate restricting through truck traffic on a portion of Clearbrook Lane (Route 674). The process to restrict through truck traffic requires that the local governing body hold a public hearing and adopt a resolution formally requesting that the Virginia Department of Transportation (VDOT) place this restriction on a given section of roadway. Once the public hearing has been held and the resolution passed, the request is forwarded to the local Resident Administrator who forwards the request along with supporting documentation to the State Mobility Management Engineer. The State Mobility Management Engineer makes a recommendation to the Commonwealth Transportation Board for action. The Commonwealth Transportation Board must act upon a formal request within nine months. There are several key criteria that VDOT considers prior to approving any proposed restriction: 1. A reasonable alternative route is provided. 2. Character/frequency of the truck traffic on the route is not compatible with the affected area. 3. Roadway is residential in nature. 4. Roadway must be functionally classified as either local or collector. The failure to satisfy both criteria one and two and either three or four will result in the request being denied. Local truck traffic, such as for deliveries or someone who resides on this route, are not affected by the designation, however, all other through truck traffic would be required to use the selected alternative route. The through truck traffic restriction is proposed for Clearbrook Lane (Route 674) beginning at the intersection of Franklin Road (Route 220) traveling northwest on Clearbrook Lane (Route 674) and ending at the intersection of Clearbrook Village Lane (Route 675) with the termini to termini distance equaling approximately 0.48 mile. The alternate route proposed is Franklin Road (Route 220) beginning at the intersection of Clearbrook Lane (Route 674) traveling northwest on Franklin Road to Clearbrook Village Lane (Route 675), then traveling northeast on Clearbrook Village Lane (Route 675) and ending at the intersection of Clearbrook Lane (Route 674) with the termini to termini distance equaling approximately 0.58 mile (see attached map). FISCAL IMPACT: None ALTERNATIVES: 1. Adopt the attached resolution. 2. Do not adopt the attached resolution. STAFF RECOMMENDATION: Staff recommends Alternative #1. 2 I-- ~ C:, '" c::. ~ I<) :E II ~ ~ . 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"Ib .gt; C\ 6 ~~ 5 (l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RESTRICT THROUGH TRUCK TRAFFIC ON CLEARBROOK LANE (ROUTE 674), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors has studied the possibility of placing a through truck restriction on Clearbrook Lane (Route 674), and WHEREAS, the through truck traffic restriction is proposed for Clearbrook Lane (Route 674) beginning at the intersection of Franklin Road (Route 220) traveling northwest on Clearbrook Lane (Route 674) and ending at the intersection of Clearbrook Village Lane (Route 675) with the termini to termini distance equaling approximately 0.48 mile, and WHEREAS, the alternate route proposed is Franklin Road (Route 220) beginning at the intersection of Clearbrook Lane (Route 674) traveling northwest on Franklin Road to Clearbrook Village Lane (Route 675), then traveling northeast on Clearbrook Village Lane (Route 675) and ending at the intersection of Clearbrook Lane (Route 674) with the termini to termini distance equaling approximately 0.58 mile, and WHEREAS, the alternate route has been found to be reasonable, and WHEREAS, a public hearing has been held according to Section 46.2-809 of the Code of Virginia, 1950, as amended. NOW, THEREFORE BE IT RESOLVED, that the Roanoke County Board of Supervisors requests the Virginia Department of Transportation to restrict through truck traffic on Clearbrook Lane (Route 674). (I: .-.;r ~"- i PETITIONER: CASE NUMBER: Hidden Valley Villas, LLC 29-10/2006 Planning Commission Hearing Date: January 2, 2007 (Continued from October 3, 2006) Board of Supervisors Hearing Date: January 23, 2007 (Continued from October 24, 2006) BOS 1st Reading 10/24/06) A. REQUEST 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. (Continued at the request of the petitioner) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D. CONDITIONS E. COMMISSION ACTION F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission 3 ... GENTRY LOCKE RAKES & M@RE Attorneys at Law A Limited Liability Partnership 10 Franklin Road. S.E 540.983.9300 Post Office Box 40013 Facsimile 540.983.9400 Roanoke. Virginia 24022,0013 November 14, 2006 WIW,. gentrylocke .com Direct Dial: (540) 983-9312 mike yace@gentrylocke.com Via Regular U. S. Mail and E-mail: tbeard@roanokecountyva.gov Mr. Tim Beard Long Term Planner II Roanoke County Planning & Zoning Department Post Office Box 29800 Roanoke, Virginia 24018-0798 Dear Tim: Hidden Valley Villas, LLC, requests a continuance with respect to the consideration of its application by the Planning Commission on December 5. We would appreciate being put on the agenda for the regularly scheduled public hearing of the Planning Commission on January 2, 2007. Representatives of the applicant continue their discussions with representatives of Kahn Development and adjacent property owners about the proposed shared entrance to Keagy Village. The additional time should allow those conversations to take place and give the applicant the information it needs to decide the appropriate course of action. Thank you for your consideration. Sincerely, GENTRY LOCKE RAKES & MOORE, LLP /- . _,'/f~tL.-, .' / G. Michael Pace Jr. GMP:st cc: Mr. James W. Thorpe Mr. Michael A. Littleton Mr. Victor F. Foti, Sr. Mr. Victor F. Foti, Jr. Mike Morgan, II, PE 12897/1/1064483vl (\ ."\ ~ - d... PETITIONER: CASE NUMBER: Lexington Falls, LLC 31-12/2006 Planning Commission Hearing Date: December 5, 2006 Board of Supervisors Hearing Date: December 19,2006 BOS 1st Reading 11/14/06 A. REQUEST The petition of Lexington Falls, LLC, 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 a Special Use Permit in order to construct a drive-thru restaurant, located at 6065 Peters Creek Road, Hollins Magisterial District. B. CITIZEN COMMENTS Two citizens spoke in favor of the petition at the public hearing. Their comments included: 1) Commending the design of the Peters Creek entrance; and 2) Expressing concern about traffic re-entering Peters Creek Road from the site due to high levels of traffic at times during the day. C. SUMMARY OF COMMISSION DISCUSSION Planning Commission comments included: 1) Applicability of the Hollins Village Williamson Road Design Guidelines to the subject property; 2) Outstanding zoning violations on the property; and 3) The possibility of a traffic signal being constructed at Alpine Road and Peters Creek Road when the Douthat property is developed. D. CONDITIONS Rezoninq Proffers 1) The developer hereby proffers general conformance with the "Bojangles Restaurant - Concept Masterplan", prepared by Balzer and Associates, Inc. dated 10-27-06, revised 11-15-06, and last revised 11-27-06, submitted with rezoning and special use permit application 31-12/2006 with no deviation from the shared entrance with the property to the north as shown. Special Use Permit Conditions (as amended durinq Planninq Commission Public Hearinq) 1) A monument-style sign shall be constructed measuring no greater than 5 feet tall and 7 feet wide. The sign face shall be surrounded by brick to match the building and shall include architectural features such as a pre-cast concrete cap and base. 2) Signage placed on the building shall occupy less than five percent of the building fayade area. 3) Off-premises signs shall be prohibited. 4) The building shall be constructed in a style substantially conforming to Exhibit B, an accepted proffered exterior from the approved November 2005 Seaside Heights, LLC rezoning and special use permit for a Bojangles drive-in restaurant (case numbers 32- 12/2004 and 33-12/2004), except that from grade to eave, all walls shall be constructed with at least two colors of red or brown brick instead of white brick. 5) Additional landscaping shall be provided. In particular, the dumpster enclosure shall be screened by tree and shrub plantings, additional trees shall be planted in the parking lot, a perimeter planting bed shall be designed in front of the parking spaces facing Peters Creek Road, additional landscaping shall be planted around the picnic area to further delineate it as a site feature, and all plants used shall conform to the Plant Palette listed in the Williamson Road Hollins Village Design Guidelines. 6) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox-style fixtures. 7) Decorative building lighting shall be used and fixtures shall be recessed wherever possible. 8) The picnic area shall be moved northward away from the dumpster. A crosswalk shall be constructed to lead customers from the nearest building entrance across the parking lot and an identifiable path shall continue from the parking lot to the picnic area. 9) The sides and rear of the dumpster enclosure shall be brick construction to match the building. E. COMMISSION ACTION Mr. Jarrell made a motion to forward a recommendation of approval to the Board of Supervisors to rezone the Peters Creek Road parcel measuring 1.67 acres from c-1 Office District to C-2 General Commercial District, with the proffered condition, and to rezone the Burlington Drive parcel measuring 0.68 acres from R-3 Medium Density Multi-Family Residential District to C-1 Office District. Motion carried 4-0. Mr. Jarrell made a motion to forward a recommendation of approval to the Board of Supervisors for the Special Use Permit for a drive-in restaurant with conditions as amended. Motion carried 4-0. F. DISSENTING PERSPECTIVE None G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission 2 Petitioner: Request: Location: Magisterial District: Proffered Conditions: (Rezoning) Suggested Conditions: (Special Use Permit) Lexington Falls, LLC, Owner/Applicant 5960 Coleman Road Roanoke, Virginia 24018 Rezone approximately 2.35 acres from C-l, Office District, and R-3, Medium Density Multi-Family Residential, to C-2, General Commercial District, and obtain a Special Use Permit in order to construct a drive-in restaurant 6065 Peters Creek Road and Burlington Drive Hollins 1) The developer hereby proffers general conformance with the "Bojangles Restaurant - Concept Masterplan", prepared by Balzer and Associates, Inc. dated 10-27-06, revised 11-15-06, and last revised 11-27-06, submitted with rezoning and special use permit application 31-12/2006 with no deviation from the shared entrance with the property to the north as shown. 1) A monument-style sign shall be constructed measuring no greater than 5 feet tall and 7 feet wide. The sign shall be illuminated by ground lighting with shielded lamps only. The sign face shall be surrounded by brick to match the building and shall include architectural features such as a pre- cast concrete cap and base. No moveable letters or changeable copy shall be permitted. The sign shall generally conform to the Williamson Road Hollins Village Design Guidelines. 2) Signage placed on the building shall occupy less than five percent of the building far;ade area. 3) Off-premises signs shall be prohibited. 4) The building shall be constructed in a style substantially conforming to Exhibit B, an accepted proffered exterior from the approved November 2005 Seaside Heights, LLC rezoning and special use permit for a Bojangles drive-in restaurant (case numbers 32-12/2004 and 33- 12/2004), except that from grade to eave, all walls shall be constructed with at least two colors of red or brown brick instead of white brick. 5) Additional landscaping shall be provided in conformance with the Landscape Guidelines for Commercial Lots included in the Williamson Road Hollins Village Design Guidelines. In particular, the dumpster enclosure shall be screened by tree and shrub plantings, additional trees shall be planted in the parking lot, a perimeter planting bed shall be designed in front of the parking spaces facing Peters Creek Road, additional landscaping shall be planted around the picnic area to further delineate it as a site feature, and all plants used shall conform to the Plant Palette listed in the Williamson Road Hollins Village Design Guidelines. 6) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox-style fixtures. 7) Decorative building lighting shall be used and fixtures shall be recessed wherever possible. 8) The picnic area shall be moved northward away from the dumpster. A 1 crosswalk shall be constructed to lead customers from the nearest building entrance across the parking lot and an identifiable path shall continue from the parking lot to the picnic area. 9) The sides and rear of the dumpster enclosure shall be brick construction to match the building. EXECUTIVE SUMMARY: The subject site, comprised of two parcels, is currently developed by one single-family dwelling. The application proposes rezoning the parcels to C-2 General Commercial District with a Special Use Permit to allow a Bojangles fast-food restaurant with a drive-in for the parcel with frontage on Peters Creek Road, currently zoned C-l Office District. The remaining rear parcel with frontage on Burlington Drive is zoned R-3, Medium Density Multi-Family Residential. There is no structure or use intended for this parcel at this time. The Roanoke County Community Plan Future Land Use Map designates the Peters Creek Road parcel as "Transition" and the Burlington Drive parcel as "Development". Staff concludes that, with upgrades and improvements, the proposal for the Peters Creek Road parcel could be in conformance with the Community Plan; however, rezoning the Burlington Drive parcel to C-2 General Commercial District is inconsistent with the Community Plan. The site layout generally appears to meet all Zoning Ordinance requirements, although final zoning approval is pending site development review. Staff endorses a favorable recommendation to the Board of Supervisors for the Peters Creek Road parcel, with suggested conditions. Staff recommends amending the rezoning of the Burlington Road parcel from R-3 Mediwn Density Multi-Family Residential District to C-l Office District instead of to C-2 General Commercial District. 1. APPLICABLE REGULATIONS The parcel located at 6065 Peters Creek Road is zoned C-l Office District. The rear parcel fronting Burlington Drive is zoned R-3 Medium Density Multi-Family Residential District. The applicant proposes rezoning both properties to C-2 General Commercial District with a Special Use Permit for a drive-in and fast food restaurant (Section 30-54-2(B)(2)). Additional standards apply for drive-in or fast food restaurants (Section 30-85-24). 2. ANALYSIS OF EXISTING CONDITIONS Background Two parcels measuring 2.35 acres comprise the subject site, The larger, front parcel has frontage on Peters Creek Road and the smaller, rear parcel has frontage on Burlington Drive. A vacant single-family detached dwelling is located on the larger parcel. The rear parcel is undeveloped and is the back yard for the home. The driveway for the home can be accessed by a narrow public road paralleling Peters Creek Road. This road serves two other parcels that have duplicate access to Burlington Drive. The rear of the subject site can be accessed by Burlington Drive, a narrow and substandard public street that provides primary access to five homes and secondary access to three businesses. T opographvN egetation The building site sits between 20 and 25 feet above Peters Creek Road. From the front property 2 line, the site rises about 20 feet to the house, which sits at the highest point. From the house, the site slopes down between 15 and 20 feet to Burlington Drive. The perimeter of the site is mostly wooded and several large trees occupy the Burlington Drive parcel. Surrounding Neighborhood The site is bordered to the east by vacant properties zoned C-l Office District and to the west by the Good Shepherd Hospice also zoned C-l. To the south across Burlington Drive are single- family detached homes zoned R-3 Medium Density Multi-Family Residential and to the north across Peters Creek Road are commercial businesses zoned C-2 General Commercial District. A single-family detached residential neighborhood zoned R-l Low Density Residential District is located behind the C-2 businesses across Peters Creek Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout - The applicant proposes a 3,365 square foot, one-story fast food restaurant measuring about 22 feet in height on the larger of the two parcels, fronting Peters Creek Road. A picnic area is planned for the east side of the site with three picnic tables and deciduous trees. Parking requirements would be exceeded with 41 spaces provided where 21 spaces are required. Per drive-in requirements, six stacking spaces are shown on the plan. A dumpster pad and enclosure are proposed for the southeast comer of the site. The applicant has also noted that all exterior lighting would conform with Zoning Ordinance requirements. Staff concludes that the site layout generally meets the requirements of the Zoning Ordinance, although final approval depends upon the completion of the site development review process. Architecture - The restaurant would be constructed with two colors of brick on all sides and canopies over the windows, in a similar style to the Bojangles in Daleville, Virginia (pictures attached). Staff recommends additional architectural detail and higher quality design of the building to conform with the 2005 Community Plan recommendations and to create a less intrusive structure in keeping with the buffer intent of the Transition district. fugn - The applicant proposes a monument-style sign similar to the sign at the Bojangles in Daleville (pictures attached). A Bojangles sign with changeable copy below would be encased in brick. The proposed sign also appears to be internally lit. In consideration of the neighbors' view from Nover Avenue (in the residential neighborhood across Peters Creek Road), staff recommends utilizing a sign without internal illumination but instead illuminating the sign with ground lighting by shielded lamps only. Staff also recommends eliminating the changeable copy capability and adding a precast concrete base and cap to improve the appearance of the sign. Landscaping - There are no buffer requirements between the proposed zoning district, C-2 General Commercial District, and the adjacent properties zoned C-l Office District. At the western side of the parking lot, the applicant would provide 19 small evergreen trees to create a screen against the adjacent property to the west, Good Shepherd Hospice. Proposed perimeter parking lot landscaping is also shown which includes large and small deciduous trees and large shrubs. Landscaping would be provided between the proposed parking lot and Peters Creek Road. Trees and shrubs would also be planted along the entrance driveway. The rear parcel would retain a significant amount of existing vegetation. Staff concludes that while the landscaping provided generally meets the Zoning Ordinance requirements, the applicant should utilize creative landscape design as recommended in the 2005 Community Plan through implementing the standards identified in the Williamson Road Hollins Village Design Guidelines. 3 Access/Traffic Circulation - In order to align the new driveway with Dwight Street, the 30-foot- wide commercial entrance would encroach onto the adjacent Douthat property. Both owners have agreed to provide ajoint access easement to facilitate the entrance. The applicant provided the following trip generation numbers according to the ITE Trip Generation Manual, 7th Edition, for a fast food restaurant with a drive-in on Peters Creek Road: Weekday Trips - 1,946 vehicle trips Weekday Morning Peak Hour - 208 vehicle trips Weekday Evening Peak Hour - 136 vehicle trips Per VDOT's request, the applicant also provided trip generation calculations for a general office use on the adjacent Douthat property, assuming that 70 percent of trips would use a future Alpine Road entrance and 30 percent of trips would use the proposed Dwight Street entrance: Weekday Trips - 99 vehicle trips Weekday Morning Peak Hour - 14 vehicle trips Weekday Evening Peak Hour - 13 vehicle trips The combined totals for the proposed Bojangles restaurant and a portion of the trips potentially generated by the general office use is 2,045 weekday vehicle trips with more trips occurring in the morning peak hour (222) than in the evening peak hour (149). The applicant also submitted potential development scenarios for the Burlington Drive parcel: R-3 zoning (current) with five townhomes - 30 vehicle trips per day C-2 zoning (proposed) with an 8,000 sf specialty retail store - 355 vehicle trips per day C-l zoning (staff recommendation) with an 8,000 sf office - 88 vehicle trips per day Staff accepts the traffic counts and analysis for both parcels. Staff also believes that, if the rear parcel is developed with any use other than those allowed by-right in R-3, that the length of Burlington Drive shall be improved to VDOT standards at the time of building construction. Fire & RescuelUtilities - The site can be accessed by Fire and Rescue. Utilities are available to serve the property. Staff concludes that the project should minimally impact these services. Community Meetin~ - A community meeting was held on November 15,2006 at Burlington Elementary School. The eight attendees asked questions and made corrunents pertaining to: . The heavy amounts of traffic on Peters Creek Road; . Frequency of accidents at Dwight A venue and Peters Creek Road; . Residents have difficulty turning left onto Dwight A venue from Peters Creek Road and turning left from Dwight Avenue onto Peters Creek Road. Accessing the neighborhood or Peters Creek Road from Alpine Road also not a good alternative. Utilizing the Barrens Road traffic signal is the best way to enter and exit the neighborhood. . Consider a right turn lane into the Bojangles site instead of a taper; and . The appearance of the building and particularly the look of the sign. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Future Land Use Map identifies the subject parcels as Transition and Development. The Transition land use category is intended as a buffer between highways and lower intensity development with office, institutional and small-scale coordinated retail uses. The Development designation intends new neighborhood development including Planned Residential and Planned 4 Community Developments; conventional, clustered and multi-family subdivisions. Fast food restaurants are not identified as desirable features within either future land use designation; however, with an improved design as detailed in the suggested conditions, the restaurant could potentially be suitable for the Transition district. The following statements from the Community Plan support high quality architecture and design features: . New development should incorporate a high standard of design including the following design elements: appropriate architecture, landscaping, and signage/tasteful signs. (Chapter 3, Design Guidelines, Introduction and Chapter 7, Planning Area Analysis, Land Use Design Themes) . Design exterior lighting and signs as integral architectural elements of the building and site. . . Maintain good scale and proportion in sign design and in visual relationships to buildings, surroundings and views. (Chapter 3, Design Guidelines, Transition, Guideline 9) . Use high quality architectural features and character in addition to creative landscape design to develop sites that are sensitive to the environment and respect the unique land features of the site. (Chapter 6, Future Land Use Guide, Land Use Policies) · Recognize that County citizens desire and support economic growth, even in close proximity to their neighborhoods, when the developments are carefully designed, the buildings have aesthetically pleasing and site appropriate architecture, and creative site design elements that are sensitive to surrounding neighborhoods, are utilized. (Chapter 6, Future Land Use Guide, Economic Development Policies) . Require higher development standards for all types of development in relation to landscaping, signage, building design, and parking lots. All new development should use the natural topography as a design element of their site (Chapter 7, Planning Area Analysis, Hollins Community Planning Area, Land Use Policies) If upgraded features are utilized per the suggested conditions, staff concludes that the proposal for the fast food restaurant with a drive-in would conform to the Transition future land use category, as described in the Roanoke County Community Plan. The rear parcel designated Development is appropriately zoned R-3 Medium Density Multi- Family Residential. The proposal to rezone the parcel to C-2 General Commercial District is inconsistent with the Community Plan; however, other than four small parcels across Burlington Drive zoned R-3, the entire neighborhood is zoned C-I Office District. Many ofthese C-I parcels are businesses and are classified as either Transition or Development on the Future Land Use Map. The C-I Office District is intended to create a buffer between the proposed fast food restaurant and existing residential uses, "The C-I 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" (2005 Community Plan). Staff believes that rezoning the parcel to C-l Office District is appropriate for this parcel and is also in keeping with the character of the neighborhood. 5. STAFF CONCLUSIONS The proposed application generally conforms with the Zoning Ordinance, although final approval is pending site development review. If upgraded features are utilized, the rezoning request for C- 2 General Commercial District from C-I Office District for a Bojangles fast food restaurant and a special use permit for a drive-in would generally conform to the Community Plan. The proposal to rezone the rear parcel from R-3 Medium Density Multi-Family Residential District to C-2 General Commercial District is inconsistent with the Community Plan. Staff recommends 5 rezoning the rear parcel to C-l Office District. Additionally, if Burlington Drive is utilized as an entrance for any development on the rear parcel for any use other than those allowed by-right in R-3, at the time of construction the length of Burlington Drive should be improved to VDOT standards. Suggested conditions have been derived from both the Williamson Road Hollins Village Design Guidelines as well as from proffers approved with the November 2005 rezoning and special use permit for a Bojangles drive-in restaurant located at the intersections of Brambleton A venue, Colonial Avenue and Merriman Road (case numbers 32-12/2004 and 33-12/2004). Suggested conditions include: 1) A monument-style sign shall be constructed measuring no greater than 5 feet tall and 7 feet wide. The sign shall be illuminated by ground lighting with shielded lamps only. The sign face shall be surrounded by brick to match the building and shall include architectural features such as a pre-cast concrete cap and base. No moveable letters or changeable copy shall be permitted. The sign shall generally conform to the Williamson Road Hollins Village Design Guidelines. 2) Signage placed on the building shall occupy less than five percent of the building fac;ade area. 3) Off-premises signs shall be prohibited. 4) The building shall be constructed in a style substantially conforming to Exhibit B, an accepted proffered exterior from the approved November 2005 Seaside Heights, LLC rezoning and special use permit for a Bojangles drive-in restaurant (case numbers 32-12/2004 and 33-12/2004), except that from grade to eave, at least two colors ofred or brown brick shall be utilized instead of white brick, as shown. 5) Additional landscaping shall be provided in conformance with the Landscape Guidelines for Commercial Lots included in the Williamson Road Hollins Village Design Guidelines. In particular, the dumpster enclosure shall be screened by tree and shrub plantings, additional trees shall be planted in the parking lot, a perimeter planting bed shall be designed in front of the parking spaces facing Peters Creek Road, additional landscaping shall be planted around the picnic area to further delineate it as a site feature, and all plants used shall conform to the Plant Palette listed in the Williamson Road Hollins Village Design Guidelines. 6) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox-style fixtures. 7) Decorative building lighting shall be used and fixtures shall be recessed wherever possible. 8) The picnic area shall be moved northward away from the dumpster. A crosswalk shall be constructed to lead customers from the nearest building entrance across the parking lot and an identifiable path shall continue from the parking lot to the picnic area. 9) The sides and rear of the dumpster enclosure shall be brick construction to match the building. CASE NUMBER: PREPARED BY: 31-12/2006 Megan G. Cronise 6 HEARING DATES: ATTACHMENTS: pc: December 5,2006 BaS: December 19,2006 Zoning Map Future Land Use Map Application Bojangles Restaurant photograph, Exhibit B, from 11/2005 Rezoning/SUP C-1 Office District Regulations R-3 Medium Density Multi-Family Residential District Regulations C-2 General Commercial District Regulations Drive-in or Fast Food Restaurant Use and Design Standards 7 . Yz- ~\0d\j5 ~ County of Roanoke Community Development Planning & Zoning For Staff Use Onl Received by: 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 PC,lBM dale: ~ Placards issued: Check type of application filed (check all that apply) N Rezoning ~ Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address whip Lexington Falls. LLC 5960 Coleman Road Phone: Work: Cell #: Fax No.: 537-6194 Phone #: Work: Fax No. #: S37-6194 Property Location 6065 Peters Creek Road ~8urlington Drive it~ ~~~~:':01. 27. 13-05-02 Magisterial District: Ho 11 ins Community Planning area: Existing Zoning: C 1 & R 3 Proposed Zoning: C2 with Special Use Permit Proposed Land Use: restaurant wi th dri ve-thru Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes IX No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes 0 No M VarianceIWaiver of Section(s) n/a of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to n I a Appeal of Interpretation of Section(s): n / a of the Roanoke County Zoning Ordinance Appeal ofInterpretation of Zoning Map to n / a Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OFTHESE ITEMS ARE MISSING OR INCOMPLETE. RfsrwlCP VlAA RlSrwlCP VIM RfSrwlCP V/AA ~ Consultation ~ 8 ]/2" xl]" concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable Justification ater and sewer application Adjoining property owners I hereby certifY that I am either the ownerofthe prop w r's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature r'-I'r-~ ~ P-c r/7 n.-& ....,,,r ~r'~~/ ~- 2 Applicant Lexinqton Fallc:; 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. >~See attached Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. ;~See attached Please describe the impact(s) of the request on the property itself, the adjoining properties, and the sWTounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parkslrecreation and fire and rescue. >~See attached 3 . 1. This proposal is requesting that 2.35 acres be rezoned from C-l and R-3 to C-2 with a special use permit for the construction of a Bojangles restaurant and drive-thru. This project encompasses many of the traits and attributes the Roanoke County Zoning Ordinance intends to implement in the Peters Creek Road area while exceeding the requirements for development within the proposed C2 parcel. Peters Creek Road is a major arterial thoroughfare that lends itselfto commercial sites such as Bojangles. This restaurant will give the residences and users of Peters Creek road an opportunity for a greater variety of commercial services. . 2. TIlls project is located within the Hollins Community Planning Area of Roanoke County. TIlls site offers many ofthe ideas outlined in the community plan for this area. Tills site is located within the transitional area as defined by the Roanoke County Community Plan. This development creates an opportunity for needed services in the area while being an attractive business to the surrounding communities. The proposed restaurant will offer significant open space throughout the site and provide a site design that will minimize the grading activities onsite. This restaurant will also provide opportunities for employment to the surrounding communities while adding to the balanced mixture of residential and business development along Peters Creek Road. . 3. The design will take into account the topography of the site to produce a unique setting for the restaurant. The Bojangles restaurant will have an access point from Peters Creek Road across from Dwight Street. The entrance and all improvements will be designed and constructed in accordance with Virginia Department of Transportation standards. Amenities of the site will include outdoor seating and a picnic area, Extensive landscaping will also be a major part of this development along the Right of Way and throughout the parking area. TIlls facility has access to water and sewer services and has been confirmed with the Western Virginia Water Authority. TIlls development will have the normal usage and impact on the surrounding services and provide a greater tax base for the County of Roanoke. Balzer & Associates Inc. 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 shaIl address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature ofthe request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ~L APPLICANTS ~ a. Applicant name and name of development X X X X X X X X X b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc, f. The zoning and land use of all adjacent properties All property lines and easements g. h. All buildings, existing and proposed, and dimensions, floor area and heights 1. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development J. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required/or REZONING and SPECIAL USE PERMIT APPLICANTS X k. X I. - X m. - X n, - X o. p. X q. Existing utilities (water, sewer, storm drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed Ifproject is to be phased, please show phase schedule I certify tb t all items required in the checklist above are complete. loj~ Date 6 Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reseIVes the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reseIVes the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitatefurther study is provided as part afthis application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 Petitioner/Property Owner: Lexington Falls LLC 5960 Coleman Road Roanoke, Va 24018 Request: Rezoning From R-3 to C-2 w/special use permit Tax Map #'s: 27.13-05-01.00 The following are proffered conditions for the above referenced Zoning Case. Proffered Conditions: 1. The developer hereby proffers general conformance with the "Bojangles Restaurant - Concept Masterplan", prepared by Balzer and Associates, Inc. dated 10-27-06, revised 11-15-06, and last revised 11-27-06, submitted with rezoning and special use permit application 31-12/2006 with no deviation from the shared entrance with the property to the north Signed"S dLya.~~ ~ m 6i..1<- Title Date Ifov 3 CJ 200(0 I , R~FLECTIN(;' TOMORROW Roanoke County Tax Parcel Numbers 027.13-05-01.00 & 027.13-05-02.00 Legal Description for property to be rezoned Beginning at a point on the southerly Right-of-Way line of Peters Creek Road at the northwesterly corner of N/F James F. Douthat (Roanoke County Tax Parcel #027.13-05-03.00, Deed Book 1222, Page 1888); thence leaving said Right-of-Way and continuing with said Douthat line S26002'00"E, 588.57 feet total to a point at the northwesterly comer of N/F Harold F. Trent,Jr. & Cheryl Trent Tickle (Roanoke County Tax Parcel #027.13-05-05.00, Deed Book 1636, Page 1077) and being the northeasterly beginning of the Right-of-Way line for Burlington Drive; thence along the northerly Right-of-Way line of Burlington Drive S5r1 O'OO'W, 155.96 feet to a point at the southeasterly comer of N/F DKE Holdings, LLC (Roanoke County Tax Parcel #27.13-04-05.00, Instrument #200417853); thence leaving said Right-of-Way line and continuing with said DKE line N32050'OO'W, 480.85 feet total to a point on the southerly Right-of-Way line of Peters Creek Road; thence leaving the line of DKE and continuing along said Right-of-Way the following: N36027'20"E, 190.46 feet to a point; thence N25003'43"E, 46.63 feet to a point; thence N33054'11 "E, 30.69 feet to the Point of Beginning containing 2.363 acres total and being "Portion Lot C" and "Lot M" as shown on a plat entitled "Boundary Survey for Lexington Falls, LLC" prepared by Caldwell White Associates, dated February 1 0, 2005, recorded in Instrument #200507902 in the clerk's office of the circuit court of the County of Roanoke, Virginia. PLANNERS. ARCHITECTS. ENGINEERS. SURVEYORS ROANOKE. RICHMOND. NEW RIVER VALLEY. SHENANDOAH VALlEY 1208 Corporate Circle. Roanoke, Virginia 24018. (540) 772-9580. FAX (540) 772-8050 VIvVW.balzer,cc WOODS ROGERS ~ ATTORNEYS AT LAW JAMES F. DOlITHAT (540) 983.7662 douthat@woodsrogers.com November 29, 2006 Board of Supervisors Roanoke County 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018-0798 Re: Lexington Falls, LLC Rezoning and Special Use Permit Gentlemen: I am the owner of the property immediately adjacent to two parcels ofland located at 6065 Peters Creek Road and Burlington Drive which are the subject of a Rezoning Petition and a Special Use Permit Application filed by Lexington Falls, LLC requesting its property be rezoned to C-2 General Commercial District with a drive-through window for a Bojangles restaurant. The Rezoning Petition and the Application for Special Use Permit are currently scheduled to be heard by the Roanoke Planning Commission December 5, 2006, and the Roanoke County Board of Supervisors December 19, 2006. Lexington Falls provided me information on the proposed Bojangles restaurant at a community meeting and through its architects and engineers, Balzer & Associates. In planning for the proposed restaurant, Stan Seymour, as the authorized member of Lexington Falls, Balzer & Associates and I have worked together in an attempt to provide the best possible access for the restaurant by locating the entrance road at the intersection of Dwight Street and Peters Creek Road as more particularly shown on the Bojangles Restaurant Concept Masterplan, Hollins, County of Roanoke, Virginia, prepared by Balzer & Associates dated 10/27/06, revised 11/15/06 and 11/27/06, a copy of which is attached hereto as Exhibit A. Mr. Seymour, on behalf of Lexington Falls, and I have agreed that, upon the approval of the Rezoning Petition and Special Use Permit, Balzer & Associates will prepare a plan dedicating cross easements on our respective properties to allow the construction of the access road shown on the attached site plan. This letter is tendered to the Board of Supervisors to evidence my agreement that Lexington Falls will have the necessary authority to construct the access road to serve the proposed Bojangles restaurant as shown on the attached site plan. {#O997019,1.999-999} P.O. Box 14125/Roanoke, Virginia 24038-4125 10 South Jefferson Street, Suite 1400 540983,7600 /Fax 540 983,7711 / mai1@woodsfogers.com r'\t=".;t......... ...1"'........... Dl"'....l-....l...n........ f')I':IIT'Io"'l"';l1"" T .......,..l,"hH-r-..... "'nrl D..,..hT"n^......A '\/i-rmT'l1':1 November 29,2006 Page 2 If you have any further questions regarding this matter, please do not hesitate to contact me immediately. 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J r . . ,,.. ~ ~ . !II; , , . ~ = '.' ,. , ~ . . . . ,." i ~ ,- . .<= '': t,; "" t--- "-Jl ~ ~ t~ .-:> = w- ~ ~ ;:.. ~ ~ ;,tw" P , "n ~ ......~ Q -- I' ~t'_". :<C -" :> -. _A UJ l\J .-l :,. -A .. - \U \1 II} IX ~ ~ r-- )\ \ L~ l.__ I t ... .....:!..; , IJJ":'..... , "- ',' 11 I , '; l - ! :,_1. ",,_'" .. "I '.j C4s.e4f-<< 3l-\?J., ~ /. 'l ~ao,., 33-,2,/UO'+ .~P o E~hlb,'+ B NOvr;H~ 2.~c~ RE"J,..#NIN r-[SV'P AT ~~r C.UtUA~- H~MAN ...-- - .. ,. t l- ,,II _..... j1)' ~ill ~ 'J ~~ I' _ 'r~~"-- === .... . --. pt:;" ~ ~ .. """""'-""JlIII'W""" ... .. - o_u ...... I: ARTICLE III. DISTRlCT REGULATIONS Page 1 of3 EXISflOj Z-,n;'j, fl-~ Cr-rd- ~-t 7>~1 SEe, 30-53. C-1 OFFICE DJSTRICT. 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. See, 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. Residential 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 * Safety Services * Utility Services, Minor _ ... _ .... r.. '" _,...., J" r/"'\ 1 1 /1 A [r)(\(\f ARTICLE III. DISTRlCT REGULATIONS Page 2 of3 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. 82493-8,32,8-24-93; Ord. No. 042799-11, 32,4-27-99; Ord. No. 042203-13, 3 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. (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. ARTICLE III. DISTRlCTREGULATIONS Page 3 of3 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; ~o percent of the total lot area. 2. Lot coverage: 80 percent of the total lot area. (Ord. No. 62293-12, S 10,6-22-93) ARTICLE III. DISTRlCT REGULATIONS Page 1 of3 EX/S,ffl1j z.,,-n,'('\j t ra.r(kll~'h,h- DI1've) ru-~ SEC. 30-45. R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, See, 30-45-1. Purpose. (A) The purpose of the R-3, medium density multi-family Residential district is to provide areas in the county within the urban seNice area where existing middle-high density residential 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 and 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 in higher density developments. (Ord. No. 042799-11, S 1f., 4-27-99) Sec. 30-45-2. 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 Accessory Apartment * Home Occupation, Type I · Manufactured Home · Manufactured Home, Emergency.* Multi-family Dwelling · Residential Human Care Facility Single Family Dwelling, Attached · Single Family Dwelling, Detached (For Zero Lot Line Option - *) Single Family Dwell1ng, Attached and Detached (Cluster Subdivision Option - *) Townhouse · Two Family Dwelling · 2. Civic Uses Community Recreation * Family Day Care Home ., Park and Ride Facility * Public Parks and Recreational Areas ., Religious Assembly" Utility Services, Minor 3. Commercial Uses ARTICLE III. DISTRICT REGULATIONS Page 2 of3 Boarding House 4. Miscellaneous Uses Amateur Radio Tower * (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. Residential Uses Home Beauty/Barber Salon · 2. Civic Uses Adult Care Residences Cemetery · Crisis Center Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Safety Services · Utility Services, Major * 3. Industrial Uses Landfill, Rubble * 4. Miscellaneous Uses Outdoor Gatherings · (Ord. No. 62293-12, S 9, 6-22-93; Ord. No. 82493-8, S 2,8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, S 2,4-27-99; Ord. No. 042500-9, S 11,4-25-00) Sec. 30-45-3. 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. 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. 4. For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. ARTICLE III. DISTRICT REGULATIONS Page 3 of3 (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: 8. 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. (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: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 60 percent of the total lot area. (Ord. No. 62293-12, ~ 10,6-22-93) ARTICLE III. DISTRICT REGULATIONS Page 1 of 4 rV-'CS~el 2dhi'j -fzv- ~oIl.. ~s ( 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 * Utility Services, Minor 3. Office Uses ARTICLE III. DISTRlCT REGULATIONS Page 2 of 4 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 Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses ARTICLE III. DISTRICT REGULATIONS Page 3 of 4 Recycling Centers and Stations * 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 Life 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 * ..:J{:- (Restaurant, Drive-in and Fast Food 0 Surplus Sales Truck Stop · 3. Industrial Uses Custom Manufacturing · Landfill, Rubble. Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, S 2,8-24-93; Ord. No. 022796-14, S 1, 2-27-96; 042297-14, S 1,4-22-97; Ord. No. 042799-11, S 2, 4-27-99;Ord. No. 102803-15, S 2,10-28-03) ARTICLE III. DISTRICT REGULATIONS Page 4 of 4 Sec. 30-54-3. 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. 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 the front building line. 2. Side yard: None. 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 locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D) Maximum coverage. 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, S 10, 6-22-93) ARTICLE IV. USE AND DESIGN STANDARDS Page 1 of 1 Sec. 30-85-24. Restaurant, Drive-In or Fast Food. (A) General standards: 1. All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-10. 2. A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive-in or curb service. (' ~ ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 19, 2006 ORDINANCE TO REZONE 2.35 ACRES FROM C-1, OFFICE DISTRICT AND R-3, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, AND TO OBTAIN A SPECIAL USE PERMIT FOR A DRIVE- THRU RESTAURANT LOCATED AT 6065 PETERS CREEK ROAD (TAX MAP NOS, 27.13-5-1 AND 27.13-5-2), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF LEXINGTON FALLS, LLC WHEREAS, the first reading of this ordinance was held on November 14, 2006, and the second reading and public hearing were held December 19, 2006; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 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 2.35 acres, as described herein, and located at 6065 Peters Creek Road (Tax Map Numbers 27.13-5-1 and 27.13-5-2) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-1, Office District and R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-2, General Commercial District. 2. That the Board finds that the granting of a special use permit to Lexington Falls, LLC to construct a drive-thru restaurant to be located at 6065 Peters Creek Road in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of 1 Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: 1) A monument-style sign shall be constructed measuring no greater than 5 feet tall and 7 feet wide. The sign face shall be surrounded by brick to match the building and shall include architectural features such as a pre-cast concrete cap and base. 2) Signage placed on the building shall occupy less than five percent of the building fa<;:ade area. 3) Off-premises signs shall be prohibited. 4) The building shall be constructed in a style substantially conforming to Exhibit B, an accepted proffered exterior from the approved November 2005 Seaside Heights, LLC rezoning and special use permit for a Bojangles drive-in restaurant (case numbers 32-12/2004 and 33-12/2004), except that from grade to eave, all walls shall be constructed with at least two colors of red or brown brick instead of white brick. 5) Additional landscaping shall be provided. In particular, the dumpster enclosure shall be screened by tree and shrub plantings, additional trees shall be planted in the parking lot, a perimeter planting bed shall be designed in front of the parking spaces facing Peters Creek Road, additional landscaping shall be planted around the picnic area to further delineate it as a site feature, and all plants used shall conform to the Plant Palette listed in the Williamson Road Hollins Village Design Guidelines. 6) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox-style fixtures. 7) Decorative building lighting shall be used and fixtures shall be recessed wherever possible. 8) The picnic area shall be moved northward away from the dumpster. A crosswalk shall be constructed to lead customers from the nearest building entrance across the parking lot and an identifiable path shall continue from the parking lot to the picnic area. 9) The sides and rear of the dumpster enclosure shall be brick construction to match the building. 2 3. That this action is taken upon the application of Lexington Falls, LLC. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1) The developer hereby proffers general conformance with the "Bojangles Restaurant - Concept Masterplan", prepared by Balzer and Associates, Inc. dated 1 0-27 -06, revised 11-15-06, and last revised 11-27-06, submitted with rezoning and special use permit application 31-12/2006 with no deviation from the shared entrance with the property to the north as shown. 5. That said real estate is more fully described as follows: Beginning at a point on the southerly right-of-way line of Peters Creek Road at the northwesterly corner of N/F James F. Douthat (Tax Map No. 27.13-5-3, DB1222, Page 1888); thence leaving said right-of-way and continuing with said Douthat line S26002'OO"E, 588.57 feet total to a point at the northwesterly corner of N/F Harold F. Trent, Jr. & Cheryl Trent Tickle (Tax Map No. 27.13-5-5, DB1636, Page 1077) and being the northeasterly beginning of the right-of-way line for Burlington Drive; thence along the northerly right-of-way of Burlington Drive S57010'OO"W, 155.96 feet to a point at the southeasterly corner of N/F DKE Holdings, LLC (Tax Map No. 27.13-4-5, Instrument #200417853); thence leaving said right-of-way line and continuing with said DKE line N32050'OO"W, 480.85 feet total to a point on the southerly right-of-way line of Peters Creek Road; thence leaving the line of DKE and continuing along said right-of-way the following: N36027'20"E, 190.46 feet to a point; thence N25003'43"E, 46.63 feet to a point; thence N33054'11 "E, 30.69 feet to the Point of Beginning, containing 2.363 acres total and being "Portion Lot C" and "Lot M" as shown on a plat entitled "Boundary Survey for Lexington Falls, LLC", prepared by Caldwell White Associates, dated February 1 0, 2005, recorded in Instrument #200507902 in the Clerk's Office of the Roanoke County Circuit Court. 6. 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 ~ "\ ~'r(' A~.:J' I ~ ~~ 1>0 ~~l';' .1:_ ~n, - ~. IIU~ .\1 "ii.. .'" 1- I I -J.llll7111\, T:-J J I.l ~I I'V.n '~', ". , ~" . 'f1. . ;, II ',) / // / . _AG3 _EP _AG1 AR _AV Cl _C2 _ C2CVOO 11 _12 /i' _E'CD. PRO _PTD /' :J r .. /, R1 II R2 II II IR3 II r R4 . II RB .1 / G8 _-CB --.J M1 _M2 Roanoke County Department of Community Development N A Applicants Name: Lexington Falls, LLC Existing Zoning: C-1 & R-3 Proposed Zoning: C-2 Tax Map Number: 27.13-05-01, 27,13-05-02 Magisterial District: Hollins Area: 2.35 Acres October 30, 2006 Scale: 1" =200' ~( ') ~ '?' ~'~ Land Use _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighbomood Conservation . Transition . Core . Pnncipallndustrial Roanoke County Department of Community Development N Applicants Name: Lexington Falls, LLC Existing Zoning: C-1 & R-3 Proposed Zoning: C-2 Tax Map Number: 27.13-05-01, 27.13-05-02 Magisterial District: Hollins Area: 2.35 Acres October 30, 2006 Scale: 1" =200' A ACTION NO. ITEM NO. (' ~ .....>- -J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Second reading of an ordinance to accept the conveyance of approximately 0.35 acres of real estate (Tax Map No. 86.08- 4-14) located at 4808 Pleasant Hill Drive, Windsor Hills Magisterial District, from the Roanoke County School Board to the Board of Supervisors SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance authorizes the acceptance of a conveyance from the County School Board of Roanoke County of approximately 0.35 acres of real estate located at 4808 Pleasant Hill Drive. The School Board purchased this property in for the purpose of construction of the roadway into the Hidden Valley High School. On October25, 2006, the School Board adopted a resolution declaring this property to be surplus and authorizing the conveyance of this property to the Roanoke County Board of Supervisors. STAFF RECOMMENDATION: The first reading of this ordinance was held on November 14, 2006. Staff recommends that the Board favorably consider the adoption of this ordinance at second reading. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19,2006 ORDINANCE TO ACCEPT THE CONVEYANCE OF APPROXIMATELY 0.35 ACRES OF REAL ESTATE (TAX MAP NO. 86.08-4-14) LOCATED AT 4808 PLEASANT HILL DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT, FROM THE ROANOKE COUNTY SCHOOL BOARD TO THE BOARD OF SUPERVISORS WHEREAS, the County School Board of Roanoke County has determined that it has no further use for approximately 0.35 acres of unimproved real estate it owns in the Windsor Hills Magisterial District and located at 4808 Pleasant Hill Drive and being all of Tax Map No. 86.08-4-14; and WHEREAS, at their meeting on October 25, 2006, the County School Board declared the above-mentioned 0.35 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of this ordinance and recordation of a deed; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on November 14, 2006, and the second reading will be held on December 19, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a parcel of real estate containing approximately 0.35 acres and located at 4808 Pleasant Hill Drive (Tax Map No. 86.08-4-14) from the County School Board of Roanoke County to the Board of Supervisors, is hereby accepted, authorized, and approved. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 2 ACTION NO. ITEM NO. S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Second reading of an ordinance accepting a bid for and authorizing the sale of approximately 0.35 acres of real estate (Tax Map No. 86.08-4-14) located at 4808 Pleasant Hills Drive, Windsor Hills Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This ordinance authorizes the acceptance of a bid and authorizes the sale of approximately 0.35 acres of real estate located at 4808 Pleasant Hill Drive. On October 25, 2006, the School Board adopted a resolution declaring this property to be surplus and authorizing the conveyance of this property to the Roanoke County Board of Supervisors. In accordance with County policy regarding the availability of this property for purchase (i) a notice has been mailed to the adjoining property owners on Pleasant Hills Drive; (ii) a legal ad has been placed in the newspaper requesting bids for the purchase of this property; (iii) a public hearing to formally accept a bid for the purchase of this property has been placed on the Board's agenda for December 19, 2006; and (iv) placed a "for sale" sign on the property. STAFF RECOMMENDATION: The first reading of this ordinance was held on November 14, 2006. Staff recommends that the Board favorably consider the adoption of this ordinance at second reading. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19, 2006 ORDINANCE ACCEPTING A BID FOR AND AUTHORIZING THE SALE OF APPROXIMATELY 0.35 ACRES OF REAL ESTATE (TAX MAP NO, 86.08-4-14) LOCATED AT 4808 PLEASANT HILLS DRIVE, WINDSOR HILLS MAGISTERIAL DISTRICT WHEREAS, at their meeting on October 25, 2006, the County School Board declared a 0.35 acre parcel of real estate to be surplus property, thus allowing the Board of Supervisors to obtain ownership of the property upon approval of an ordinance and recordation of a deed; and WHEREAS, on December 19, 2006, the Board of Supervisors adopted an ordinance accepting the conveyance of this property from the Roanoke County School Board; and WHEREAS, the Board of Supervisors of Roanoke County has determined that it has no use for this parcel of unimproved real estate in the Windsor Hills Magisterial District and located at 4808 Pleasant Hill Drive and being all of Tax Map No. 86.08-4-14 and has declared said parcel surplus and available for sale to the public; and WHEREAS, in accordance with County policy regarding the availability of this property for purchase (i) a notice has been mailed to the adjoining property owners on Pleasant Hills Drive; (ii) a legal ad has been placed in the newspaper requesting bids for the purchase of this property; (iii) a public hearing to formally accept a bid for the purchase of this property has been placed on the Board's agenda for December 19, 2006; and (iv) placed a for sale sign on the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance will be held on November 14, 2006, and the second reading and public hearing will be held on December 19, 2006. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the bid of A. Rav Sowder tla ERS Builders, Inc. and Roy Lochner tla RVR&A, Inc. in the amount of $41,550 for the purchase of approximately 0.35 acres of real estate located at 4808 Pleasant Hills Drive (Tax Map No. 86.08-4-14) is hereby accepted and sale of this property is hereby authorized. 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 2 ACTION NO. ITEM NO. (l~- ,- l-. ~: - ..;; AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 19, 2006 AGENDA ITEM: Second reading of an ordinance authorizing the relocation of a 15' access easement located upon portions of Huntridge Grove Subdivision, Section No.1, and crossing Stayman Drive as shown on the plat of property of F&W Community Development Corporation, Hollins Magisterial District SUBMITTED BY: Joseph B. Obenshain Senior Assistant County Attorney Elmer C. Hodge E}1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The originally recorded plat for property of F & W Community Development Corporation, recorded in the office of the Clerk of the Circuit Court of the County of Roanoke, Virginia, in Plat Book 18, Page 99, dedicated a 15 foot access easement for purposes of a stormwater management area. Subsequent to the resubdivision of a portion of this property of F & W Development Corporation as Huntridge Grove, Section 1, subdivision, the developer has agreed to relocate this 15' access easement to adjoining property owned by it at the request of the County's engineering staff. The new location of this 15' access easement will be approved by the County's development staff as part of the review process for adjoining subdivision development. Construction of the required infrastructure improvements, including the building of Stayman Drive to state mandated standards, for this subdivision have been completed. Because the platted 15' access easements runs across Stayman Drive in two locations, it must be relocated and action must be taken by the Board of Supervisors in accordance with Section 15.2-2271 of the Code of Virginia, 1950, as amended, to accomplish this relocation. This formal action is required by the Virginia Department of Transportation in order for Stayman Drive to be accepted into the Virginia Secondary Road System and to permit the release of the subdivision bond being held by Roanoke County. The County's Department of Community Development has reviewed this request and supports the relocation of this 15 foot access easement and the vacation of that portion of the easement located in Huntridge Grove, Section 1 and crossing Stayman Drive. A new access easement to the stormwater management area serving this area will be located on an adjoining subdivision, "Keswick Court", being developed by Fralin & Waldron, Inc., currently in the review process with the county's Department of Community Development. Pertinent information is shown on Exhibits "A" & "B" and attached hereto and titled "PLAT SHOWING SECTION NO.1, "HUNTRIDGE GROVE" PROPERTY OF FRALIN AND WALDRON, INC., BEING THE RESUBDIVISION OF TRACT "A" (P.B. 25, PG. 87) SITUATED ALONG HUNTRIDE ROAD, HOLLINS MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA" and "Plat Showing Zero Lot Line Subdivision 'KESWICK COURT', Property of FRALIN & WALDRON, INC., Being the Resubdivision of ROANOKE COUNTY TAX # 39.02-04-27.05, Situated Along Huntridge Road, Hollins Magisterial District, Roanoke County, Virginia". FISCAL IMPACT: The cost and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. AL TERNATIVES: 1. Adopt the proposed ordinance authorizing the vacation of a right-of-way. 2. Do not adopt the proposed ordinance authorizing the vacation of the right-of-way. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance as attached after the second reading and public hearing on December 19, 2006. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 19,2006 ORDINANCE AUTHORIZING THE RELOCATION OF A 15' ACCESS EASEMENT LOCATED UPON PORTIONS OF HUNTRIDGE GROVE SUBDIVISION, SECTION NO.1, AND CROSSING STAYMAN DRIVE AS SHOWN ON THE PLAT OF PROPERTY OF F & W COMMUNITY DEVELOPMENT CORPORATION RECORDED IN PLAT BOOK 18, PAGE 99, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, a 15 foot access easement for purposes of a stormwater management area was dedicated to the County of Roanoke by a plat for subdivision of property of F & W Community Development Corporation, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 18, page 99; and, WHEREAS, the said 15 foot access easement for purposes of a stormwater management area is shown as crossing various lots of Huntridge Grove, Section No.1, subdivision and underlying Stayman Drive, a public street proposed for acceptance into the Virginia Secondary Road System, all as shown on "Plat Showing Section No.1, 'HUNTRIDGE GROVE', Property of Fralin and Waldron, Inc., Being the Resubdivision of Tract "A" (P.B. 25, PG. 87) Situated Along Huntridge Road, Hollins Magisterial District, Roanoke County Virginia", dated October 9,2002, prepared by Lumsden Associates; and, WHEREAS, in consultation with the Roanoke County Department of Community Development, F & W Community Development Corporation has agreed to the relocation of said 15 foot access easement upon its adjoining property, which proposed new easement location is acceptable to the County's engineers; and, WHEREAS, the Virginia Department of Transportation (VDOT) has requested that this easement relocation be accomplished by formal action of the Roanoke County Board of Supervisors in accordance with Section 15.2-2272 (2), Code of Virginia, 1950, as amended, in order to permanently vacate that portion of the easement underlying Stayman Drive so as to permit the proper acceptance of Stayman Drive into the State Secondary Road System, and, WHEREAS, this formal Board action of vacation will serve to remove potential title question affecting several property owners in Huntridge Grove subdivision, Section No.1; and WHEREAS, the developer, as the Petitioner, has requested that, pursuant to ~15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 15 foot access easement dedicated in Plat Book 18, Page 99, and relocate said easement as now shown on the attached Exhibits "A" & "B"; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments have recommended this easement relocation and formal vacation; and, WHEREAS, notice has been given as required by ~15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on November 14,2006, and the second reading and public hearing was held on December 19,2006. 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 2 reading of this ordinance was held on November 14, 2006, and a second reading and public hearing of this ordinance was held on December 19, 2006. 2. That pursuantto the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a 15 foot access easement, is hereby declared to be surplus and the nature of the interests in real estate renders them unavailable for other public use. 3. That the 15 foot access easement, being designated and shown as "EX 15' ACCESS EASEMENT (PB.18, PG.99) (TO BE VACATED)" on Exhibit "A" attached hereto, and having been dedicated on the subdivision plat for F & W COMMUNITY DEVELOPMENT CORPORATION and recorded in the aforesaid Clerk's Office in Plat Book 18, page 99, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to ~15.2-2272 of the Code of Virginia,1950, as amended. 4. That a new 15 foot access easement substantially in accordance with the location as shown on "Plat Showing Zero Lot Line Subdivision 'KESWICK COURT', Property of FRALIN & WALDRON, INC., Being the Resubdivision of ROANOKE COUNTY TAX # 39.02-04-27.05, Situated Along Huntridge Road, Hollins Magisterial District, Roanoke County, Virginia", shall be dedicated to the County of Roanoke, Virginia, upon the approval and recording of said subdivision plat in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia. 5. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to 3 accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 7. 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