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HomeMy WebLinkAbout1/23/2007 - Regular Roanoke County Board of Supervisors Agenda January 23, 2007 Good afternoon and welcome to our meeting for January 23, 2007. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7:00 p.m. and on Saturdays at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: Pastor Jack Woods Oak Grove Assembly of God 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of student delegation from Wonju, Korea and presentation of Certificates of Honorary Citizenship 2. Resolution of appreciation to Robert J. Imboden, Parks, Recreation and Tourism Department upon his retirement after six years of service 3. Recognition of the Police Department for receiving re-accreditation by the Commission on Accreditation for Law Enforcement Agencies 1 D. BRIEFINGS E. NEW BUSINESS 1. Request for authorization to execute a fiscal agent agreement and an investment agreement with the Western Virginia Water Authority. (Diane Hyatt, Chief Financial Officer) 2. Request to adopt a resolution declaring intent to reimburse expenditures for the South County Library from bond proceeds. (Diane Hyatt, Chief Financial Officer) 3. Request to adopt a resolution approving the abandonment of a portion of State Route 633, Benois Road, Cave Spring Magisterial District, and accepting the dedication of a new road into the secondary system. (Jill Loope, Assistant Director of Economic Development) 4. Request for authorization to execute a modification agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA), and Novozymes Biologicals, Inc. (Jill Loope, Assistant Director of Economic Development) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to rezone approximately 10.3 acres from AG-3, Agriculturall Rural Preserve District, to PRO, Planned Residential District, and to amend the existing Loblolly Mill, LLC Master Plan on 94.229 acres upon the petition of Loblolly Mill, LLC. The development will have a maximum density of 0.33 houses per acre and will be located at 3672, 3804, and 3796 Sterling Road, Vinton Magisterial District. 2. First reading of an ordinance to remove proffered conditions on 35.14 acres of property, located south of Interstate 81 and west of Plantation Road, Hollins Magisterial District, upon the petition of Oppidan Investment Company. 3. First reading of an ordinance to obtain a special use permit to operate a recreational vehicle sales and service facility on 38.65 acres located at 8010 Plantation Road and south of Interstate 81, Hollins Magisterial District, upon the petition of Oppidan Investment Company. 2 G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing conveyance of an easement to Mountain Brook Development, Inc. through property owned by the Roanoke County Board of Supervisors at Vinyard Park to provide a mainline sanitary sewer connection, Vinton Magisterial District. (Pete Haislip, Director of Parks, Recreation and Tourism) I. APPOINTMENTS 1. Grievance Panel 2. Roanoke Regional Airport Commission J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes - January 9, 2007 2. Request from the Sheriff's Office to accept and appropriate grant funds totaling $145,376 from the Department of Criminal Justice Services for a criminal justice record system improvement program 3. Request from the Police Department to accept and appropriate grant funds totaling $2,000 4. Acceptance of Peebles Lane, Windsor Hills Magisterial District, into the Virginia Department of Transportation Secondary System K. REQUESTS FOR WORK SESSIONS 1. Request to schedule a work session on February 13, 2007, to discuss the new South County Library. (Diane Hyatt, Chief Financial Officer) L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS 3 N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Future Debt Payment Reserve 5. Accounts Paid - December 2006 6. Statement of expenditures and estimated and actual revenues for the month ended Decem ber 31, 2006 7. Public Safety Center Building Project Budget Report 8. Public Safety Center Building Project Change Order Report 9. Report of claims activity for the self-insurance program for the period ended December 31,2006 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 library; 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 status of the Roanoke County water and sewer system with the Western Virginia Water Authority (\M/WA) regarding future plans for the system. (Elmer C. Hodge, County Administrator; Gary Robertson, Executive Director for Water Operations, \M/WA; and Richard Burch, Chief of Fire and Rescue) EVENING SESSION Q. CERTIFICATION RESOLUTION R. NEW BUSINESS 1. Request approval and appropriation of funding in the amount of $50,000 from the Minor County Capital Reserve and accept and appropriate the $50,000 from Back Creek Fire and Rescue, Inc. to fund optional two-bay design of the Back Creek Station Addition. (Richard Burch, Chief of Fire and Rescue) 4 S. PUBLIC HEARING AND FIRST READING OF ORDINANCE 1. First reading of an ordinance amending and re-enacting sections of Article II, County Vehicle License, of Chapter 12, Motor Vehicle and Traffic, of the Roanoke County Code to delete provisions for vehicle decals and to enact a vehicle license fee as permitted by state law. (Kevin Hutchins, Treasurer) 1. PUBLIC HEARINGS AND SECOND READING OF ORDINANCE 1. Withdrawn 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. U. CITIZENS' COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Michael W. Altizer 3. Richard C. Flora 4. Michael A Wray 5. Joseph P. McNamara W. ADJOURNMENT UNTIL SATURDAY, JANUARY 27, 2007, AT 9:00 AM. FOR THE PURPOSE OF A RETREAT WITH THE ROANOKE COUNTY SCHOOL BOARD, WOODS END RESIDENCE, 5000 TITAN TRAIL, ROANOKE, VIRGINIA 5 ACTION NO. ITEM NO. C.. \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Recognition of Student Delegation from Wonju, Korea, and presentation of Certificates of Honorary Citizenship Elmer Hodge ~ fI~ County Administrator SUBMITTED BY: SUMMARY OF INFORMATION: We are pleased to recognize a middle school delegation from Wonju, Korea, that is visiting the Roanoke Valley from January 18 - February 7,2007. The students are: Son Young-Eus Kim D-Bora Yu So-Yeon Choi Yu-Ri Lee Sang-Min Ju Ji-Hae Kwag Ji-Won Hong Jun-Won Jeong Do-Gyun Jang Han-Sol Yoon Sang-Yeon Jeong Ha-Ram The delegation is visiting Roanoke as a Sister City of the Roanoke Valley. They will have the opportunity to make American friends through a homestay with families in Roanoke City, Roanoke County and the City of Salem. North Cross School is the central location for the program, which allows for an exchange of American and Korean cultures. Part of their time in the States will be spent touring Washington, D.C. The students will be introduced at the afternoon session. ~\\ll1!' of l\ollno~ .... ~OA~ W. c"' ~ ~ .J' -S '- ." oj:) ::i!: :::) o ,CERTIFICATE OF HONORARY CITIZENSHIP Be it hereby known that Son tYouna4::us Wonju, 1(orea has, on Tuesday, January 23, 2007, been named an HONORARY CITIZEN OF ROANOKE COUNTY, VIRGINIA, USA U#~I.uU'# , " ,\ IJ (I .,: \~\ . "..~I"'~ .. f '\Jl"~(\\~ \"I!l~,.~. .... ~ ~r I)l! trill "f~ ., ~ . Ifi ~!(H\I,IIHlk ~ \::~ I ," I' , .. "'I .. ~\ v ~.~PI~'~'Ml!',~ H.l".. :: :: \~ (J 'tt \' 4.~ ~: ... (-.:~l. l\ H.lll~ ,rl\ .,' ., 'It ... ' l' ..-_ (, "In .." 1\ ,\ f. _ ,t .'"...,. ~ ),' '. dUll (" " . 1') 1 k . 'If./I,"//I)/I ,.J .:f:.~ ().~~ ^-~ ;,,~'~~. ,,_ .... ".04 ~ :4€;L .'1'-; LtI l~~~J'- and shan hold aQd enjoy~a place of high esteem" in tbe minds and hearts of the...Citizens of the County of Roanoke. J ph P. MtNamara, Chairman anoke County Board of Supenisors &- ;r~ Elmer C. Hodge', County Administrator ATTEST: ~J.~ Diane S. iChilders, CMC Clerk to the Board ACTION NO. ITEM NO. c-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Resolution of appreciation to Robert J. Imboden, Parks, Recreation and Tourism Department, upon his retirement following six years of service SUBMITTED BY: Brenda J. Holton Deputy Clerk to the Board ElmerC. Hodge a~ p~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Robert J. Imboden, Parks Maintenance Worker, retired from the County on December 1, 2006, after six years of service. Mr. Imboden will attend the afternoon Board meeting to accept a resolution of appreciation from the Board. Also attending the meeting will be Pete Haislip, Director of the Parks, Recreation and Tourism Department, and Mark Courtright, Assistant Director of Parks. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23,2007 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO ROBERT J. IMBODEN, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER SIX YEARS OF SERVICE WHEREAS, Robert J. Imboden was first employed by Roanoke County on October 5, 2000, as a Parks Maintenance Worker for the Parks, Recreation and Tourism Department; and WHEREAS, Mr. Imboden retired from Roanoke County on December 1, 2006, after six years of service; and WHEREAS, Mr. Imboden assisted the Parks Division by using his highly trained skills and abilities as an equipment operator, carpenter, and general construction tradesman in the construction of many park projects throughout Roanoke County, including the restoration and rededication of Camp Roanoke; and WHEREAS, Mr. Imboden provided valuable support for the care of the park system which included making repairs and general maintenance; and WHEREAS, Mr. Imboden, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens by building and promoting safe and aesthetically maintained parks for the enjoyment of all Roanoke Valley citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to ROBERT J. IMBODEN for six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. C '"3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 APPROVED BY: Recognition of the Roanoke County Police Department for receiving re-accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) Elmer C. Hodge ~ H~~ County Administrator AGENDA ITEM: COUNTY ADMINISTRA TOR1S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to recognize the Police Department for achieving re- accreditation through CALEA The department was first accredited in 1992, and has since been reaccredited in 1997,2000, and 2003. The standards created by CALEA address nine major law enforcement subjects: < Role, responsibilities, and relationships with other agencies < Organization, management and administration < Personnel structure < Personnel process < Operations < Operational support < Traffic operations < Prisoner and court-related activities < Auxiliary and technical services Present at the meeting will be Chief Ray Lavinder, Assistant Chiefs Donna Furrow and Terrell Holbrook, Lieutenant Jimmy Chapman, and Officer Nancy Short. ACTION NO. ITEM NO. E. -I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Authorization to execute a fiscal agent agreement and an investment agreement with the Western Virginia Water Authority SUBMITTED BY: Diane Hyatt Chief Financial Officer Elmer C. Hodge Ci,~ H ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~~ SUMMARY OF INFORMATION: The County of Roanoke currently serves as the fiscal agent for the Western Virginia Water Authority (WVWA), based upon the terms of the operating agreement among the WVWA, the City of Roanoke, and the County of Roanoke, dated June 30, 2004. We would like to formalize this arrangement with a Fiscal Agent Agreement (Attachment A) that defines the fiscal agent's role to include such items as the maintenance of general ledger, pooled cash, vendor payments and the payroll function. The fee for this arrangement is also formalized in this agreement to be $75,000 annually. In addition, this agreement is for a specific period of time, which is through June 30, 2008. In addition, the WVWA has asked for the ability to invest some of their funds on their own, outside of the County pooled cash arrangement that is invested by the County Treasurer. The Investment Agreement (Attachment B) has been developed to do the following: 1. Eliminate the County liability for funds that are invested by the WVWA 2. Specify the amount of funds that the WVWA must keep in the County pooled cash account, in order to meet all monthly obligations that may be incurred. 3. Specify the procedures for withdrawal of funds by the WVWA, so that it does not adversely affect the County Treasurer's investments. The WVWA approved these agreements at their meeting on January 18, 2007. FISCAL IMPACT: The Fiscal Agent Agreement will generate $75,000 annually for the County of Roanoke. In previous years, the WVWA has paid approximately $50,000 annually for this service. This revenue is part of the overall general fund revenues. STAFF RECOMMENDATION: Staff requests authorizing the Cou nty Administrator to execute the Fiscal Agent Agreement and the Investment Agreement in substantially the form presented here, after approval as to form from the County Attorney. 2 Attachment A Fiscal Agent Agreement Between The County of Roanoke And The Western Virginia Water Authority This agreement is made the day of January, 2007, by and between the Board of Supervisors of Roanoke County (the "County"), a political subdivision of the Commonwealth of Virginia, and The Western Virginia Water Authority (the "Authority") , a political subdivision of the Commonwealth of Virginia. RECITALS 1. The Western Virginia Water Authority was created by an agreement dated June 30, 2004 made among the County of Roanoke, Virginia and City of Roanoke, Virginia. The Authority has all the powers granted a water and wastewater authority by law and by the provisions of Title 15.2 Chapter 51 of the Code of Virginia (1950), as amended. 2. In section 5.2 and 5.3 of the operating agreement, the County agrees to assist the Authority in the areas of finance, procurement, payroll, and risk management. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Authority. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. 4. Loss on Investments. In the unlikely event that the County pooled cash has a loss on an investment through default, market decline, or other reason, the Authority will share in the loss using the methodology described in paragraph 3. 5. Revenues. All cash revenues of the Authority, except for investment income on outside investments, will be deposited with the County Treasurer. 6. Payment of Vendors. The Authority will make vendor payments for the Authority. These payments will be made in a manner consistent with County procedures. These payments will be combined into the normal County vendor payment process. 7. Payment of Pavroll. The County will establish a separate company on the County Human Resources/Payroll system to maintain the employees of the Authority. The Authority will process the payroll for the Authority. These payments will be made in a manner consistent with County procedures and will follow the County payroll cycle. 8. Processinq of Pavroll Taxes. The Authority will file all payroll taxes for the Authority. 9. Procurement. The Authority will be responsible for the Procurement function however the County will assist to the extent that they have available resources. 10. Risk Manaqement. The Authority will be responsible for the Risk Management function however the County will assist to the extent that they have available resources. 11. Audit. The Authority will procure an audit firm for the Authority audit. The Authority will maintain overall responsibility for the integrity of the financial records however the County will assist to the extent that they have available resources. 12. Financial Reports. The County will make available to the Authority all existing financial reports. 13. Errors and Omissions. It is the responsibility of the Authority to make sure that all of its financial information is correct, accurate, and complete. 14. Ownershio. All funds and obligations of the Authority are the property and responsibility of the Authority. Upon termination of this Agreement, all funds and obligations will be remitted to the Authority, or its new fiscal agent. 15. Cost. The fiscal agent administrative services outlined above will be provided for a fee of $2,083 a month ($25,000 annually) beginning July 1,2007. Access and use of the County's Financial System and Human Resources/Payroll System will be provided for a fee of $54,020.45 for 2006-07 as previously billed and $50,000 for 2007-08. The County will invoice the Authority for this service on an annual basis. The Authority will pay the invoice within 30 days. 2 16. Term. This agreement shall begin on January_, 2007 and shall terminate on June 30, 2008. The Authority may terminate this agreement earlier with 60 days written notice. The County Treasurer is not required to cash any investment before maturity in order to transfer funds because of this early termination. In witness whereof, the parties have caused this Agreement to be executed by their authorized officers. BOARD OF SUPERVISORS OF ROANOKE COUNTY By: Its: WESTERN VIRGINIA WATER AUTHORITY By: Its: 3 Attachment B Investment Agreement Between the Western Virginia Water Authority and the County of Roanoke, VA The County of Roanoke, Virginia (the "County") is acting as the Fiscal Agent for the Western Virginia Water Authority (the "Authority") , in accordance with Section 5.2 of the Operating Agreement between the Western Virginia Water Authority, the City of Roanoke, and the County of Roanoke, dated June 30,2004 (the "Agreement"). Based on the Agreement, the Authority has access to the general ledger and payroll systems of the County, and all cash of the Authority is currently invested by the County Treasurer in a pooled cash arrangement. At this time, the Authority would like to begin investing some of its funds separately in its own name. To this end, the parties agree to the following: 1. The Authority agrees to leave a minimum balance of $8 million invested in the County pooled cash. This amount must be in the pooled cash on the last day of each month. These funds will continue to be invested by the County Treasurer and interest income will be allocated back to the Authority on a monthly basis. The amount will allow the Authority to a. Cover any expenditures that may occur on a monthly basis b. Allow the Authority some flexibility in maintaining their outside investments that have not reached maturity when funds are needed for payment, and c. Cover capital expenditures until the reimbursement from bond proceeds are received. 2. The Treasurer of the Authority has complete authorization and responsibility for the funds that are transferred from the County pooled cash to separate investment accounts. It is the Authority Treasurer's responsibility to make sure that these investments are made in accordance with the Authority's investment policy. The County will continue to invest the County's pooled cash in accordance with the County's investment account without regard to any other investments the Authority may have. 3. The County will assist the Authority in establishing one (1) separate general ledger account in each of the Authority's Subfunds in the County's accounting system for outside investments. It is the Authority's responsibility to maintain separate worksheets to account for the individual investments that are made within each of these accounts. 4. The Authority agrees to limit the withdrawals from the County pooled cash to three (3) separate transactions a month. 5. The Authority Treasurer will give the County Treasurer and the County Director of Finance three (3) working days email notification of his intention to transfer or withdraw funds from the County pooled cash account. Amounts in excess of $1 million must be transferred by wire transfer through the County Treasurer. Any bank fees as a result of these transactions will be billed to the Authority. The County Treasurer will not be required to liquidate any investments before maturity in order to meet the request of the Authority. 6. The initial withdrawal of cash from the County pooled cash will be coordinated with the County Treasurer to allow sufficient time for current investments to reach maturity. Because of the anticipated size, this initial withdrawal of cash will take longer than the three (3) working days mentioned in Item 5, but will occur as quickly as possible. The County Treasurer will not be required to liquidate any investments before maturity in order to meet the request of the Authority. 7. The Authority Treasurer will notify the CountyTreasurer when any transfers in excess of $1 million are transferred from outside investments back to the pooled cash, informing him of the intended length of time that these funds will be included in the pooled cash. 8. In the event that the Authority has a negative cash balance at the end of any month, this agreement with be terminated and all investments will be returned to the County pooled cash as they reach maturity. 9. This agreement supplements the Fiscal Agent Agreement between the County of Roanoke and the Western Virginia Water Authority dated , 2007. Effective Date: County of Roanoke Western VA Water Authority 2 ACTION NO, ITEM NO. E-A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request to adopt a resolution declaring intent to reimburse expenditures for the South County Library from bond proceeds SUBMITTED BY: Diane Hyatt Chief Financial Officer Elmer C. Hodge d.,....." }fuJl ~ County Administrator v '- ~ APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~J ci(f~ SUMMARY OF INFORMATION: The County is currently in the design phase of a new library in South County. Staff is working with the architects on the programming needs and the initial design of the facility. The Board has already appropriated $2,016,838 to this project through the funded portion of the Capital Improvements Plan. In addition, the future debt fund projections include the planned sale of bonds to fund the majority of the project. The funds that are currently being spent can be reimbursed to the County at a later date with bond proceeds, if the County declares its intention to do so before the funds are spent. The attached resolution will allow the County to reimburse itself at a later date. This resolution does not authorize the bond sale or appropriate any additional funds to the project at this time; it merely gives the flexibility to include current expenditures in the future bond sale, if the County chooses to do so. FISCAL IMPACT: This resolution gives the County the option to include expenditures currently being made in the future bond sale. STAFF RECOMMENDATION: Staff recommends approving the attached reimbursement resolution for the South County Library. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23,2007 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FINANCING FOR CERTAIN COSTS OF A NEW LIBRARY The Board of Supervisors of the County of Roanoke, Virginia (the "County") has determined that it may be necessary or desirable to advance money to pay the costs of designing, constructing and equipping a new library (the "Project"). NOW, THEREFORE, BE IT RESOLVED BYTHE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1, The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150-2. 2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County to pay the costs of designing, constructing and equipping the Project from the proceeds of its debt or other financing, The maximum amount of debt or other financing expected to be issued for the design, construction and equipping the Project is $15,000,000. 3. This resolution shall take effect immediately upon its adoption. The foregoing resolution was adopted by the Board of Supervisors at its meeting on , 2007 by the following roll call vote: Member Vote Absent: Clerk, Board of Supervisors County of Roanoke, Virginia ~ ACTION NO. ITEM NO. E-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request to adopt a resolution approving the abandonment of a portion of State Route 633, Benois Road, Cave Spring Magisterial District, and accepting the dedication of a new road into the Secondary Road System SUBMITTED BY: Jill Loope Assistant Director Economic Development Elmer C. Hodge ~ /f~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is an improvement project that helps both Mennel Milling Company and VDOT, and it poses no problems for any of the surrounding neighbors. The road is a cul-de-sac and there is no through traffic onto the Penn Forest Elementary School side of the property. SUMMARY OF INFORMATION: The Mennel Milling Company is constructing a new 73,480 square foot flour mill on 26.96 acres located at 5185 Benois Road. The company is currently on schedule with their construction, and they are expected to begin manufacturing by July of 2007. It has been determined that the turnaround facility at the end of Benois Road needs to be relocated to accommodate the project. This will also include a realignment of Benois Road, allowing for an improved and adequate entrance into the property to serve Mennel's operations. As is customary with state roads, a resolution of support is required by the local governing body to abandon and accept a new road into the Secondary Road System. County staff and the Virginia Department of Transportation (VDOT) have reviewed the proposed reconfiguration and have found the configuration to be satisfactory. A drawing depicting the proposed new alignment is attached to further explain the project. FISCAL IMPACT: There is no fiscal impact on the County AL TERNATIVES: 1. Approve the resolution and abandon a portion of State Route 633, Benois Road, and accept the dedication of the new road into the Secondary Road System. 2. Deny the resolution and reject the abandonment of a portion of State Route 633, Benois Road, and the dedication of the new road into the Secondary Road System. STAFF RECOMMENDATION: Staff recommends Alternative 1, approve the resolution and accept the dedication of the new road into the Secondary Road System 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23,2007 RESOLUTION ABANDONING A PORTION OF BENOIS ROAD (STATE ROUTE 633), CAVE SPRING MAGISTERIAL DISTRICT, REQUESTING ACCEPTANCE OF A NEW PORTION OF BENOIS ROAD, AND GUARANTEEING RIGHT-OF-WAY FOR THE NEW PORTION OF BENOIS ROAD WHEREAS, construction of access facilities serving the Mennell Milling Company complex at the end of State Route 633, Benois Road, Cave Spring Magisterial District, requires the existing turnaround facility to be relocated: and WHEREAS, the proposed reconfiguration of the turnaround facility has been reviewed by County staff and the Virginia Department of Transportation and found satisfactory: and WHEREAS, this Board was provided a composite drawing of the proposed reconfiguration, which is incorporated herein and made a part hereto. NOW THEREFORE, THIS BOARD does hereby approve the realignment of Benois Road as shown on the composite drawing; and BE IT FURTHER RESOLVED, pursuant to 933.1-155, Code of Virginia, this Board orders abandoned as part of the secondary system of state highways the portion of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point B (located 0.35 miles from State Route 904), a distance of 0.01 miles; and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to accept that part of State Route 633, Benois Road, from Point A (located 0.34 miles from State Route 904) to Point C (located 0.37 miles from State Route 904), a distance of 0.03 miles, for maintenance as part of the secondary system of state highways under its jurisdiction; and BE IT FURTHER RESOLVED, this Board hereby guarantees the right of way for the new location, as depicted on the composite drawing, as well as any necessary easements for fills or drainage for said roadway portion, to be clear and unencumbered; and BE IT FINALLY RESOLVED, this resolution shall become effective at such time as officials of the Virginia Department of Transportation deem the construction of the relocated turning facility is complete and in accordance with appropriate standards of design and construction. 2 ~ YINI""IA ''''''ONYO''. .oo~-"' WO)")dN305Wnl@1IYW 'l'YvH ew>z YINI,)~I^ '3~ONYO~ Ja.:J..lI a S>>6lLL (0)5) :XY~ 6990l XQ8 Ud SH3NNVld-SHOJ.3AHflS-SH33NIDN3 HZ'vO mHLL (0.5) :3NOHd M5 'mN3^Y N013181^Ml8 .99. 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I~ ~ ~~I ~ ~ ~ ~ ~~ I!ll;; ~ ~~~ !~~ ;~I!;~ ~ ~ ~; I~~; ;~~ ~~~ ~i!!~~~i I ~ !; r!1~i 1~1!l li~ ~I!l .g~~ ~ ~~ ~So~ ~~i ~i~ ~~:~ii ~~~ ~= iSi! ~~~ ai~ ~:iI;~!~ I~~ !i II~I ~i~ IiI ~~!;~~~ I~I ~~ !~~~ ~s: ;i~ ;i!~i!; l;i;~:,~~~I!1111 ~ ~ i.~i~~~ ~~~....~~.~~i~!l;;E! ~;! ~~~i~;i i~~~~~~~i!!~E!~~W~i ~~~ ~~~~o~~ -~-I~~~~~~E!li~i ~~!~i!~!:ii 1;;;~:;~i~~I~I.~ i!~~~~~~~i~ ~~~;iR~ii~~i~~~~ ~~i~~i;!i~I~~I~sl~~~I~~~lil~ ~ ~~~I~~~~~~i~:~~~:;~~mi~121~~ a"p'~-IWII HZ~O\Jnl\l"Z"O\ t'OOZ\80UIM' JP\:" ACTION NO. ITEM NO. E-L/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request for authorization to execute a modification agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA), and Novozymes Biologicals, Inc. SUBMITTED BY: Jill Loope Assistant Director of Economic Development Elmer C. Hodge ~ if- L County Administrator r ~ ) APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: Roanoke County entered into a performance agreement with Novozymes Biologicals on November 29,2001, which provided for an economic development grant and certain other considerations to the company based upon measurable performance goals. The proposed development was to be implemented in two phases; Phase I included the construction of a 20,000 sq. ft. office, administration and research and development facility with a minimum investment of $2 million in improvements, $520,000 in new equipment and the employment of at least 34 people. To date, Novozymes has exceeded these projections at their facility located in Roanoke County's Center for Research and Technology. Phase II of the project included the construction of an approximately 85,000 sq. ft. manufacturing facility, resulting in a minimum investment of $4.6 million in building improvements and $3.5 million in new and relocated equipment within five years of the date of the agreement. Due to several corporate acquisitions and related restructuring initiatives, Novozymes has not met the December 31, 2006, deadline for this phase of development. Therefore, Novozymes is requesting a two-year extension to the performance agreement to allow them additional time to implement Phase II of the project. The performance agreement requires a payment of $170,000 for the Phase I land costs if the December 31,2006 deadline is not met. The proposed modification agreement allows for a two-year extension of the contract, in exchange for an increase in the land cost by 6% per year. FISCAL IMPACT: There is no negative fiscal impact with this project, and the County will realize a 6% increase in revenue on the land cost if the modification agreement is executed. STAFF RECOMMENDATION: Staff recommends authorizing the execution of the modification agreement between the County of Roanoke, the Roanoke County Economic Development Authority (EDA), and Novozymes Biologicals, Inc. 2 Modification Agreement THIS MODIFICATION AGREEMENT made as of this _ day of January, 2007, by and between the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, hereafter "the County", the ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA (hereinafter referred to as "the Authority"); and NOVOZYMES BIOLOGICALS, INC., a Delaware corporation, hereinafter "the Company". WITNESSETH WHEREAS, the County is the owner of an approximate 457 acre business park development known as the Center for Research and Technology, located off State Route 460, at and near its intersection with Interstate 81 and Exit 132, in the western portion of the County (the "CR T"), and WHEREAS, the Roanoke County Board of Supervisors and the Industrial Development Authority of Roanoke County, Virginia, desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke Valley through the recruitment of new business for the citizens of the Roanoke Valley, in order to provide for increased employment and corporate investment in Roanoke County; and WHEREAS, the County and the Authority desired, by the sale and development of approximately thirty (30) acres of real estate in the CRT (the "Property") to the Company, that the Company will create high quality employment opportunities for the citizens of the Roanoke Valley by the development of this project which will promote economic development and generate new tax revenues for Roanoke County; and WHEREAS, the Company desired to acquire and develop a portion of the CRT as a research and development and production facility, and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds; and WHEREAS, the parties entered into a Performance agreement in November, 2001, which provided for an economic development grant and certain other incentives to the Company based upon measurable performance goals; and WHEREAS, the Company desires to modify this Performance Agreement by extending the time for performance of Phase II. NOW, THEREFORE, in consideration of the premlses and the mutual covenants contained herein, the parties agree to accomplish the following: 1. Paragraph 2.A.2 of the Performance Agreement provides as follows: (2) Phase 11: This phase will contain an approximate 85,000 additional square feet for manufacturing with construction to be completed within 5 years of the date of this Agreement. Phase 11 will result in a minimum investment of $4,675,000 in new building construction and $3,500,000 in new and relocated equipment. The Company will employ a total of at least 73 people at the Property within 5 years of the date the land is conveyed to the Company. 2. Paragraph 3.E of the Performance Agreement provide as follows: E. Upon conveyance of the 13 acres as set out in Paragraph C, the Company shall execute a note and Deed of Trust payable to the Authority in the amount of $325, 000, to be recorded in the Clerk's office. Said Deed of Trust may be subordinated to one construction loan 2 and/or one permanent financing loan by the Company in an amount not to exceed 100% of the cost of the new construction improvements, exclusive of the land. If the Company completes Phase 1, but fails to substantially complete ("substantially complete" being defined as: 80% of the improvements for Phase II described in paragraph 2.A.2) by December 31, 2006, then it will pay to the Authority the cost of the land (17 acres) in the amount of $10,000 per acre, to be either paid in cash on 12/31/06, or to be secured by a note and Deed of Trust due on 6/30/07. 3. The parties agree that the obligation of the Company to pay to the Authority the sum of $170,000 as provided above shall be extended from December 31, 2006 to December 31, 2008. In exchange for this extension the payment amount obligation of the Company shall be increased by an amount of 6% each year. 4. All other provisions of the Performance Agreement shall be in full force and effect. 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. 6. This Agreement and any reimbursement of costs and improvements from public funds is subject to future appropriations by the Board of Supervisors to the Authority. 3 IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: Elmer C. Hodge County Administrator ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By: Billy H. Branch Chairman Seen: County Attorney STATE OF VIRGINIA COUNTY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this _ day of January, 200i, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: / / STATE OF VIRGINIA COUNTY OF ROANOKE, to-wit: 4 The foregoing instrument was acknowledged before me this _ day of January, 2007, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: / / NOVOZYMES BIOLOGICALS, INC. By: Ted Melnik President STATE OF CITY /COUNTY OF , to-wit: January, 2007, by Biologicals, Inc.. The foregoing instrument was acknowledged before me this _ day of , as of N ovoz ymes Notary Public My Commission expires: / / 5 ACTION NO. ITEM NO. FI-"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Philip Thompson Deputy Director of Planning ElmerC. Hodge U-r><</ 1/--0 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for February 27. 2007. The titles of these ordinances are as follows: 1. The petition of Loblolly Mill, LLC to rezone approximately 10.3 acres from AG-3, Agricultural/ Rural Preserve District, to PRO, Planned Residential District, and to amend the existing Loblolly Mill, LLC Master Plan on 94.229 acres. The development will have a maximum density of 0.33 houses per acre, and will be located at 3672, 3804, and 3796 Sterling Road, Vinton Magisterial District. 2. The petition of Oppidan Investment Company, to remove proffered conditions on 35.14 acres of property, located south of Interstate 81 and west of Plantation Road, Hollins Magisterial District. 3. The petition of Oppidan Investment Company to obtain a Special Use Permit to operate a recreational vehicle sales and service facility on 38.65 acres, located at 8010 Plantation Road and south of Interstate 81, Hollins Magisterial District. 1 Maps are attached. More detailed information is available in the Clerk's Office. STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for February 27.2007. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) ~, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 f- I County of Roanoke Community Development Planning & Zoning For Staff Use anI 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Received by: ALIAPPLlCANTS Check type of application filed (check all that apply) )(Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review 185 - ~ ~~l{ Phone: Work; Cell #: Fax No.: , . LA b lell" M 11...(. ('c.Co Owner S ,nameJaddress w/Zlp .., 53S m.,-,,;:ufollo'D(ZPhone #: ~H c:; 136"nt -s...,YPEI~ r...It:.L../TS<;~ M.Pi.tJ$ ~l 3~1J"j Work; 380lf 'P 7lii(2.c,/# Co il.cnA I> Fax No. #: 2N.N6~ot"" V ~ 2-1/0"-1 Property Location ,,~ ...... ~ , 'Z, "3 SOCf} ~ ?'7" 5 n: 1'-(..( N., '1' 12 . Applicants name/address w/zip L.oIo\dl'1I'v\.LI..1 u.c.. 7'i"'3S 7nt:-I&C-1 ""II' b4'....c ;tJ4P,t"!fo rL... .let/I'; q S~. (; <;V'I Magisterial District: V, ,..,/"P'oJ Tax Map No.: 89. (>0.03 -or. , se;. D6 - 0'50 - ("Z Size of pareel(s): Acres: J otf .1./55 .00-01'05' Community Planning area: fV.OoN Existing Zoning: Ab. S -: ?,< D Existing Land Use: ~~I DENT1 ~ <.. REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (R/S/W/CP) Proposed Zoning:Pi<'D Proposed Land Use: RE"SI [)~:ro' I- Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes)!l.. 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 Ifrezoning request, are conditions being proffered with this request? Yes~ No 0 VARiANCE, WA!J7Ep,AND AIJMINISTRATIVEAPPEALAPPLICAlYTS (V/JWAA) Variance/Waiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed, APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R1SM'/CP V/AA ~ Consultation Application Justification 1 hereby certify that I am either the owner ~r:!11r of the owner. -0 RlsrwlCP V/AA R1SIWICP V/AA ~ 81/2" x I I" concept plan Application fee Metes and bounds description Proffers, ifapplieable Water and sewer application Adjoining property owners erty or the owner's agent or contract purch s r and am acting with the knowledge and consent Owner's Signature 2 SPECIAL USE PERMIT WAIVER OR GDl\1:P REQUESTS Applicant Ldo \.. ll"{ 'M H.'- LL'- 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 ofthe applicable zoning district classification in the Zoning Ordinance. St!'"E ~ "t"T'ACth::""'O Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. '6 E' ~ A 'Tl'C. (+~'O Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. C::;s& ~ Ti'4 c tt b"O 3 I..CONCEPTPLAN CHickLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by COWlty pennitting 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 of the request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS -L a. Applicant name and name of development 2- b. Date, scale and north arrow -L c. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent propel1ies All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names ofall existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces I- d. 1- e. J' f. L g. "I h. )C J. y.. J. Additional information required for REZONING and SPECIAL USE PERMIT APPLICANTS g~t;<<j",'on ;, th, ,hocl";" ,bOY< '" compl,te. . ature of applicant '/.. k. ;( 1. )(. m. ~ n. 'I o. )l p. 'I- 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 If project is to be phased, please show phase schedule /2. g, . ,,1, Date 6 Roanoke County Community Development Division of Planning and Zoning Roanoke Times LeClal Advertisement Fee Information Applicant: Date: This is to notify you that the Planning and Zoning staff will prepare your legal ad and email it to The Roanoke Times. Please call The Roanoke Times Legal Department @ (540) 981-3416 to set up payment for the ad prior to the deadline date stated below. Payment Deadline Dates: PC: 80S: Variance: Admin. Appeal: If payment is not made to the Roanoke Times prior to the deadline date, the ad will not be run and the application will not be heard at the hearing. 7 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the COWlty Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 ~t;t;on ~ -~ -. ~;.natu~ Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMP ACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process, (Note this list is not inclusive and the County staff and VDOT reselVe the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses: . Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units . Restaurant (with or without drive-through windows) . Gas station/Convenience store/Car wash . Retail shop/Shopping center . Offices (including: financial institutions, general, medical, etc.) . Regional public facilities . EducationalfRecreationa I facilities . Religious assemblies . Hotel/Motel . Golf course . Hospital/Nursing home/Clinic . Industrial site/Factory . Day care center . Bank . Non-specific use requests Road Network Situations: · Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24,115,117,460,11/460, 220, 221,419, etc) · For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly · When required to evaluate access issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc,) · Development in an area where there is a known existing traffic and/or safety problem · Development would potentially negatively impact eXisting/planned traffic signal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Planning and Design Documents for: LOBLOLLY MILL A PLANNED RESIDENTIAL COMMUNITY ROANOKE COUNTY, VA VINTON MAGESTERIAL DISTRICT Prepared for: Loblolly Mill, LLC 119 Norfolk Ave. Roanoke, VA 24011 Prepared by: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project # R0500414.00 Date: January 18, 2006 Revised: Apri117, 2006 Amended: December 21, 2006 Balzer and Associates 1 51\LZEQ - Fl:EFLECTING TO....OFtROW Table of Contents: I. Table of Contents Page 2 II. Introduction Page 3 III. Vicinity Map Page 4 IV. Site Summary Page 5 V. Site Photographs Page 7 VI. Site Design Guidelines Page 9 VII. Architectural Requirements Page 13 VIII. Proffer Statement Page 14 IX. Adjacent Property Owners Page 15 x. Site Maps Page 17 Balzer and Associates 2 LOBLOLL Y MILL DESIGN GUlDLlNES INTRODUCTION Loblolly Mill is a proposed 104.455 acre Planned Residential Community located on Sterling Road in the Vinton Magisterial District of Roanoke County. The intent of this project is to develop a high end residential development in a "mountain village concept" while preserving the abundant natural and historic features of the site. The proposed development will also preserve the rural character of the Mount Pleasant area by limiting the density to that which is less than one single family dwelling per three acres. This existing property can only be described as unique, picturesque and isolated. The natural topography of the site consists of a series of wooded knolls bordering the property focused centrally on an 1.75 acre pond. There are two primary historic features on the site, a covered bridge and a water powered mill house. According to the previous owner Mr. Morton Brown, the bridge was purchased from VDOT when the Back Creek Crossing was improved. The bridge held special meaning with Mr. Brown. As a child he would walk his neighbor Vivian Brooks to school and carry her books as they walked ' across the old covered bridge, Morton and Vivian were eventually married and Mr. Brown moved the bridge to its current location after purchasing it from VDOT in 1979. The old mill house was operational until 1959 when Mr. Morton Brown purchased the property. These historic structures are being preserved and renovated and will serve as key attractions and scenic backdrops for this development. In summary, this proposed development will provide a unique housing opportunity for Roanoke residents, take advantage of a wonderful setting, preserve sensitive natural and historic amenities, and compliment on of the most unique rural communities in Roanoke County. Balzer and Associates 3 Vicinity Map: \ E E Vi ) ......1 " :...1 t I"> ~ Ferguson '110'\ Rd ~ ~ 'o~ <J ~f/ Balzer and Associates 4 LOBLOLL Y MILL DESIGN GUIDELINES SITE SUMMARY Site Data The site consists of tax parcel #'s 89.00-03-06 (3.809ac.) and 89.00-03-12 (90.42 ac.) and 89.00-03-05 (10.363 ac). The total site area is 104.455 acres. The current zoning is AG-3 and would allow up to 34 units under the by-right lot line option. Zoning Ordinance Compliance The proposed development is in compliance with the Roanoke County Zoning Ordinance. Loblolly Mill furthers the intent of the AG-3 Agricultural/Rural Preserve District (Sec30-32) in several ways. This project will protect and preserve sensitive natural and historic features. It will also limit the density to less than one residence per three acres which is the density allowed in the AG-3 zoning. Finally Loblolly Mill will minimize the demand on public services by providing privately maintained roads and individual well and septic systems. Community Plan Compliance Loblolly Mill is located within the Mount Pleasant Community Area and the majority of the site falls under the "Rural Preserve" land use category. A small portion of the property (about four acres) lies within the "Rural Village" future land use category, and all of the southern and western boundary borders the "Rural Village" designation. Both the "Rural Preserve" and "Rural Village" concepts promote Cluster Development options. Loblolly Mill is based on the cluster development design criteria and is below the suggested density of the "Rural Preserve" designation. Loblolly Mill caters to the community's values and respects the key natural and historic resources that are strongly promoted within the Mount Pleasant Community Planning Area. This development will preserve significant natural areas including streams, a 1.75 acre pond, and steep slopes. There will be no impact on the view shed of the Blue Ridge Parkway from this development. The developers will preserve and restore two significant historic structures that provide a link to the traditions of the local residents. Through quality planning and an environmentally sensitive site design, Loblolly Mill will promote and preserve the rural characteristics of the Mount Pleasant area and its residents. Balzer and Associates 5 EXISTING 1.75 ACRE POND EXISTING COVERED 8RIDGE AND MILL HOUSE LOBLOLLY MILL DESIGN GUIDELINES Site Desi2n Guidelines Intent These design guidelines are written with the intent to guide the development of Loblolly Mill. They are intended to develop the overall character of the community. These guidelines are not meant to cover all site-specific issues or alterations and should be applied as a guide to meet the development goals of the project. Association All property owners at Loblolly Mill will automatically be members of a Homeowners Association for this development. The Homeowners Association will be established to maintain all common open space, conservation/recreation areas, trails, roads, and site amenities. Preservation Areas A minimum of 50% of the site will be preserved as open space and conservation/recreation areas. The area will be comprised of dedicated open space and conservation/recreation easements. A minimum of 15% of the site will be dedicated common open space and the remainder of the preserved area will be comprised of conservation/recreation easements. The conservation/recreation easements will be established for the benefit of the residents within the community and will serve the same function as the dedicated open space. All common open space and easements will be recorded with the subdivision plat. The main areas of conservation will be the most environmentally sensitive portions of the site including streams, the pond and some of the steepest slopes, No residence or road will be allowed within any open space or conservation/recreation area. The Historic Grist Mill and Covered Bridge will be preserved with this development. An interpretive plaque will be developed for these structures describing their historical significance. The covered bridge will either be incorporated into the design as a foot bridge or it may serve as a vehicular access, pending a structural inspection. The Grist Mill will remain as a scenic and interpretive backdrop for the development. Site amenities and utility crossings will be allowed with in the open space and conservation/recreation easements. The following Amenities will be allowed within the commonly held open space: Trails(pedestrian and/or equestrian), tennis courts, playgrounds, open play fields, equestrian stable, historic grist mill, the covered bridge, picnic areas, pond, fishinglboat dock. All of these amenities will be maintained and owned by the homeowners association. Balzer and Associates 9 The following Amenities will be allowed within the conservation/recreation easements located on privately owned property: Trails (pedestrian and/or equestrian), picnic areas. The cutting of trees within these easements shall be limited to trail and picnic area construction. The homeowners association will maintain all amenities located within the easement areas. Development Areas The primary areas used for the construction of the proposed homes will be along or near the top of the existing knolls. The placement of the homes will allow for the preservation of the most sensitive portions of the site. Buffer Yard A 50 foot natural buffer shall be maintained along all adjacent property lines except; Wherever a house, driveway or drainfield on the Property is located fifty feet (50') or closer to an adjacent property line and a natural fifty foot (50') buffer is not maintained, as shown on the Master Plan, two (2) rows of evergreen trees shall be planted as an additional buffer. In no case shall there be a natural buffer between houses on the Property and an adjacent property line of less than twenty feet (20'). All proposed evergreen trees shall be a minimum of 6 feet high at the time of planting. Loblolly Mill, LLC will submit a landscaping plan for review and approval by the County as part of site plan review. Roads All roads within Loblolly Mill will be private. The Homeowners Association will maintain all roads. All roads will be a minimum of 18 feet wide with 4 foot shoulders. The minimum pavement section will be 8" base stone with a 2" SM 9.5 asphalt surface. The minimum centerline radius will be 95 feet. The maximum road grade will be 16% except that the road serving lots 1-6 on the Master Plan shall have a maximum road grade of 18%. The minimum paved radius for any cul-de-sac will be 40' Trails A network of pedestrian/equestrian trails will be provided. These trails will be through out the development and will connect the separate development areas with the open space, historic features and any other site amenity. The trail surface will be mulch or pea gravel and will be a minimum of 4 feet wide. Balzer and Associates 10 Landscaping A professionally landscaped entrance will be provided for the development. Each residential home will be professionally landscaped with sufficient foundation landscaping and additional trees where sufficient growing space is available. Tree Preservation The maximum allowable area to be cleared for any home site shall be 16,500 sf exclusive of any drain field areas required. Any additional clearing shall be approved by the developer prior to construction. Lot Size The minimum lot size shall be 0.50 acres. The minimum Lot frontage shall be 30 feet on the cul-de-sacs and 100 feet otherwise. Minimum Building Size The minimum building size shall be 3,000 sf. Maximum Building Height The maximum building height will be 45 ft. The building height does not include walk out basements. Accessory Buildings All accessory buildings must be located behind the front building line. Setbacks The minimum front setback will be 25 feet from any private road. The minimum side setback will be 10 feet from any internal lot. The minimum rear setback will be 10 feet from any intemallot. The minimum setback from any adjoining owners property line or from any public right-of-way will be 35 feet. Density No more than thirty four (34) homes will be constructed on the Property as shown on the Master Plan. Balzer and Associates I J Lighting Any and all street lighting shall be residential in scale and style (i.e. post mounted lighting) and shall not exceed 10' in height. The lighting shall be top shielded to cast all light and/or glare downward. All street lights on the Property will not exceed 150 watts. All light emanating from the outside of any house located on a lot on the Property will include a shield on top that causes the light to shine down, not up or out. Dusk to dawn lights will not be permitted. All lights on the outside of any house on a lot on the Property will not exceed 100 watts. All lighting shall be arranged so it does not cast glare on adjacent properties and so no more than 0.5-foot candles cross any adjacent property line. Utilities All utilities shall be placed underground and all heat pumps and other appurtenances shall be screened from view of the roads or adjacent property owners. Trash Collection Trash collection will be individual can pick up and will be collected internally within the development. There will be trash collection or can pick up on or adjacent to Sterling Road. Fire Protection A dry hydrant will be installed at the pond located on the property for use by the County's Fire Department to benefit homes within the development as well as any other property with in the vicinity. Balzer and Associates] 2 Loblollv Mill Architectural Requirements This project will be developed and then the lots will be offered for sale. The following information will serve as guidelines for the architectural styling of each home. Architectural Review Board: A review committee shall be established to review and approve any and all improvements on the lots to maintain hannony with other improvements and to reject proposed improvements that would otherwise adversely affect the atmosphere and values of the development. This would include review and approval of all house plans, elevations and exterior colors. Exterior Materials: All exterior siding material shall be wood, synthetic wood, brick and or stone. All roofing material will be either metal standing seam roof, natural shingles or architectural asphalt shingles. Colors: All exterior colors will be per the Sherwin Williams colors listed below or equal: Sherwin William colors 7008 - 7012, 6385, 7013, 6119,7035-7041 , 6077-6083,6154-6160,6190-6195,6385-6391, 6437-6440, 6606-6608. A sample of the colors listed above are to be kept with this document. Accessory Structures: AU Accessory structures will be reviewed and approved by the Architectural Review Board Prior to installation and/or construction. All accessory structures will be constructed to match the primary residence on each site. Balzer and Associates 13 Statement of Proffers The owner hereby voluntarily proffers and agrees that if the Property is rezoned as requested, the rezoning will be subject to, and the owner will abide by, the following conditions: The property will be developed in substantial conformance with the "Planning and Design Documents for: Loblolly Mill a Planned Residential Community" prepared by Balzer and Associates, Inc., dated January 18, 2006 and revised April 17, 2006. Signed: Dated: Owner Balzer and Associates 14 LEGAL DESCRIPTIONS TAX PARCEL #89.00-03-12 PARCEL ONE BEGINNING at a point on the south side of State Route #663, about one mile from State Route 116; thence with the south side of said road, N, 730 48,E. 142.7 feet to a point; thence along the center line of an old unimproved road being also the westerly line of the remaining Annie Laura Turner property, the following courses and distances: S.430 36'W. 71.8 feet to a marked 18 inch chestnut oak, S. 40 28'W. 181.9 feet, S. 210 26'E. 363.9 feet; thence leaving the center line of the said 20 foot road, S. 46. 53'E. 238.4 feet to a double 18 inch white oak, N. 49. 05' E. 356.6 feet to a marked oak, N. 740 39' E. 385.4 feet to an old iron, being also at a fence comer; thence with the westerly line of the Turner property, formerly Ferguson, S. 37020' E. 2084.7 feet to a large white oak old comer; thence S. 00 41 'E. 329.0 feet to a stake; thence N. 540 04'W. 109.4 feet to an 18 inch poplar; thence N. 650 25' W. 190,1 feet to an old iron; thence S, 76.35' W. 95.2 feet to a 10 inch maple; thence S. 60 03'W. 31.3 feet to a point 6 feet south of a persimmons; thence S..86. 35' W. 109feet; thence N. 730 40'W. 90.8 feet; thence N. 71. 55'W. 76.1 feet; thence N. 40. 34'W. 209 feet to a comer post just north of the north line of an old road; thence S. 280 44'W. along the fence; 192.8 feet to a comer post; thence S. 71. 46'W. 246.2 feet to a comer post; thence along a fence S. 800 22'W. 607.2 feet to a 10 inch white oak on an old fence comer; thence S. 410 50'W. 509.3 feet to a chestnut oak; thence S. 660 W. 126.8 feet to a planted stone; thence with the easterly line of the boundary of Mrs. Jones, N. 180 20'W. crossing a branch at 158 feet, a total distance of 896.5 feet along a fence to a planted stone 6.5 feet from a 16 foot white oak; thence a new division line separating the 13.88 acres retained by the parties of the first part, N. 40 39' W. 842.75 feet to an iron pipe 3.4 feet west ofa 24 inch chestnut oak by the road; thence continuing said new division line N. 130 27'W. 429.55 feet to a 12 inch white oak and N. 180 54'W.288.46 feet to an iron; thence with the old original line of the property of Annie Lama Turner conveyed to the parties ofthe first part by said deed in Deed Book 433, page 389 aforesaid, N. 53045' E.396.4 feet and N. 320 43'E. 249.6 feet to the place of Beginning; and containing 90.22 acres, and being the property as shown on survey made for Harry P. Turner, by W. I. McChee, C, P. E., April 30, 1959, a copy of which is attached to deed recorded in the aforesaid Clerk's Office in Deed Book 618, page 236 and made a part hereof. PARCEL TWO BEGINNING at a point on the south side of Virginia State Route 663; thence S. 430 36'W. 71,8 feet to a point; thence S. 40 28' W. 181.9 feet to a point; thence S. 210 26'E. 363.9 feet to a point; thence S. 460 53 'E. 238.4 feet to a double 18" white oak; thence N. 49" 05' E. 10 feet to a point; thence N. 46" 53'W.238.4feet to a point; thence N. 21" 26' W. 363.9 feet to a point; thenceN. 4" 28'E. 181.9 feet to a point; thence N. 43" 36' E. 71.8 feet to a point on the south side of Virginia State Route 663; thence west along the south side of Virginia State Route 663, 10 feet to the point and place of BEGINNING and being a 10 foot strip along the west side of the property conveyed to the Grantors by deed from Annie Lama Turner and shown as the easterly one-half of the 20 foot roadway on the survey made by T.P. Parker, State Certified Engineer, dated July 25, 1959, a copy of which is recorded in the aforesaid Clerk's Office in Deed Book 1233, page 1181, and made a part hereof. DOCUlm:ntl Tax Map #89.00-03-06 Lot B-1 Beginning at a Point on the Southerly right-of-way line of Sterling Road (Route 663), being the northwest corner of Lot B-1 as shown on Boundary Line Adjustment Plat of Turner Boundary Line Adjustment #2 (plat Book 29, Page 56); thence with the southerly right-of-way line of Sterling Road along a curve to the left having a radius of243.00 feet, an arc distance of 151.33 feet and a chord ofN39041 '43"E, 148.89 feet to a found iron. pin at the southwesterly corner ofN/F Joseph Jaklitsch & Beth Snyder-Jaklitsch (Instrwnent#200510773); thence leaving said right-of-way and con~uing with the southerly line of said Jaklitsch property the following: S76032'24"E, 199.60 feet to a point; thence S76003'30"E, 189.97 to a point; thence S75054'22''E, 371.26 feet to a fOood iron pin on the westerly property line ofN/F Robert J. & Mary Shawn Sorrentino (Instrwnent #200410384); thence leaving the line of said Jaklitsch property and continuing with the westerly line of said Sorrentino property the following: S13012' 42"E, 130.21 feet to a found iron pin; thence S04023'08"E, 13.43 feet to a found iron pin at the northeast corner of Lot D-l as shown on said Turner Boundary Line Adjustment #2 plat; thence leaving the line of said Sorrentino property and continuing with the line of said Lot D-l the following: S88037'43"W, 174.91 feet to a found iron pin; thence N86049'09"W, 278.42 feet to a found iron pin; thence 871041 '27"W, 86.77 feet to a point; thence N55044'38"W 398.33 feet to the Point of Beginning containing 3.808 acres, being Lot B-1 as shown on Boundary Line Adjustment Plat ofTumer Boundary Line Adjustment #2 recorded in the clerk's office ofthe circuit court ofthe county of Roanoke, Virginia in Plat Book 29, Page 56. REFLECTING TOMORROW Legal Description for Roanoke County Tax Map Number 089.00-03-05.00-0000 Beginning at a point on the southeasterly Right-of-Way line of Sterling Road (Virginia Secondary Route 663) at the northwesterly corner of Lot B as shown on a plat entitled "Boundary Line Adjustment Plat of Turner Property"(Plat Book 29, Page 40); thence continuing along the southeasterly Right-of-Way line of said road the following: along a curve to the left being 63.05 feet in length with a radius of 243.00 feet and having a chord bearing of N12044'44"E, 62.88 feet to a point; thence N04007'58"E, 135.41 feet to a point; thence along a curve to the right being 160.27 feet in length with a radius of 230.70 feet and having a chord bearing of N22033'49"E, 157.07 feet to a point; thence N41031'52"E, 381.66 feet to a point; thence along a curve to the right being 257.92 feet in length with a radius of 373.33 feet and having a chord bearing of N60048'45''E. 252.82 feet to a point at the northwesterly comer of N/F Dean Roger Turner (Instrument #200300540); thence leaving said Right-of-Way line and continuing with the westerly line of said Turner property the following: S71024'00"E, 101.00 feet to a point; thence S64045'OO"E, 144.20 feet to a point; thence S76000'00"E, 112.00 feet to a point on the westerly line of N/F Loblolly Mill. LLC (Instrument #200608936); thence leaving the line of said Turner property and continuing along the westerly line of said Loblolly property the following: S54034'41'W. 393.94 feet to a point; thence S18040'14"E, 307.26 feet to a point; thence S13012'42"E, 300.80 feet to a point at the northeasterly corner of said Lot B; thence leaving the line of said Loblolly property and continuing with the northerly line of said Lot B the following: N75054'22'W, 371.26 feet to a point; thence N76003'30'W, 189.97 feet to a point; thence N76032'24'W, 199.60 feet to the Point of Beginning containing 10.363 acres and being Lot A as shown on plat entitled "Boundary Line Adjustment Plat of Turner Property" recorded in Plat Book 29, Page 40 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 Corporale Circle. Roanoke, Virginia 24018. (540)772-9580. FAX (540) 772-8050 WvVW.bolzer.cc Existing Conditions The site is comprised of a series of wooded knolls that border the property. The knolls are focused centrally on a 1.75 acre pond. Slopes on the property range from 2% to 50%,and the elevations range from 892 to 1100 feet. A network of streams filter between the knolls and ultimately drain to Turner Branch. Turner Branch runs west to east through the property. The setting that is created by these natural features is one that feels completely isolated from any adjoining property. An historic covered bridge and grist mill are located on Turner Branch in the northwest portion of the property. Both of these structures will be restored, preserved and incorporated into this development. There are two existing residences on site that will be removed with this development Adjacent Properties Adjacent properties are a combination of single family residential and undeveloped property which are mostly wooded acreage tracts. All adjacent property is zoned AG-3. Utilities Water and Sewer will be provided through individual well and septic systems. AccesslTraffic Access to the property from Sterling Road will be located on tax parcel # 89.00- 03-06. The development may generate up to 340 vehicle trips per day. The design and sight distance of the entrance from Sterling Road will be in accordance with all applicable requirements of the Virginia Department of Transportation. Balzer and Associates 6 EXISTING COVERED BRIDGE. BROUGHT TO THE SITE IN 1979 EXISTING Mill HOUSE- OPERATION UNT1l 1959 / ~1'1l I VlNI'DI:::M '.A..1.NnOO 3>l.ONV'O'd I ~ ~ ~ C\J ~ ~' .' - Z l. ""i 9~8-00 68 5, ON X'd..l.. ~ ~ ~ I 85 l '!I I _.8 0 , !~.. i~il Ilil ! II' II!! I 'Ii d'<fLI'J A.L1o:l3dOl:Jd 030N3V\1'<f > ' IT: <3 ~ m Q a 0 ~ 0... _oll . ,IU ,I.i III' flll 'III 1,1l! :Jll 'lllV\l )..llOl80l I :i3 e ~ ~ ~If , .: dl~ i II illh ! 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I<~~_'/ I )r ~ i, ',' ~ '" / -----. \ \ " ~Ijm 'lfINIOH^ 'AlNnoo 3)lO'ft'CltI ~i i c: ~ "i '9 'S-&-00'1$9 s;ON XVJ. ~':!E II, II. r ",I N'fld 30'<>'dS N3dO ; ~ mi J~U fll If 1ft. I,HI 1111 III i I/!I ~H~ ill Ill!! 111 !I ill I :~;I % % % i ~ ~ ~ ~ ~ ~ ~ ~ \. "- \ \ I "- I " \ I \ \. "0, \ "- "- \ "- \ '\ \ \ "- "- "", 'Z\ ::;\ w "- 0 '" "- \ \ \ \ I '- , I \ I I I / / /' ,'\ \. ~\ I ) " \ \ "- \. ( "- 1 I '-, \ i "- '- - \ 1 \ ........ County of Roanoke Community Development Planning & Zoning For Staff Use Onl F-~ Date received: Received by: );:,..\-\. \d..- 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 (PPlication fee: ~O I. PC/~date: '1 Placards issued: Check type of application filed (check all that apply) rKRezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address whip Oppidan Investment Company 5125 County Road 101, #100 Minnetonka, Minnesota 55345 Phone: Work: Cell #: Fax No.: 952-294-0353 952-294-1245 612-597-9452 952-294-0151 540- 725-8180 Owner's name/address w/zip Bach ,and Newbern 1145 Garrett Hill Road Greenville, Tennessee 37743 Property Location South of Interstate 81 and West of Plantation Road Interstate Motel Developers, Inc. 1145 Garrett Hill Road Greenville, Tennessee 37743 Phone #: Work: Fax No. #: 540- 774-0961 Magisterial District: Hollins Community Planning area: Hollins Tax Map No.: 018..18-01-01.00/018.18-01-06.00 018.18-01-10.00 / 018.18-01-11.00 Existing Zoning: C-2-C Proposed Zoning: C-2 w/o proffered conditions Proposed Land Use: Retail center Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes:(J No 0 IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes Ii( No 0 IF NO, A VARIANCE IS REQUIRED FIRST Ifrezoning request, are conditions being proffered with this request? Yes 0 No 0 VarianceIWaiver of Section(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal ofInterpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/SIW/CP V/AA R/SIWICP V/AA RlSIWICP V/AA Ud Consultation 8i 8 112" x ] I" concept plan ~ Application fee X Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that 1 am either the owner of the prop'eT!Y or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Bach ~a Ne~b9\ll CONTACT: Edward A. Natt By: cbli.<J. f\K . Owner's Signature 3140 Chaparral Drive, Suite 200-C Its a.::a:;:; ~ (!) ~Q.__ Roanoke, VA 24018 , .- Phone: 540-725-8180 Interstate Motel Developers, Inc. , ~~~il: ;:~~:~~:~.com By: ~'-' ,~C (},\\~t ~~ CO~ ~~"- 2 A 1. Oppidan Investment Company pp lcant The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The request to eliminate the proffers will remove a set of proffers adopted in 1990 by Ordinance No. 32790-9 which were designed to permit a church facility to be constructed on the property. Inasmuch as the property is zoned C-2 (Commercial District), the proffers which are attached to the property bear no relevance to the proposed use and should be eliminated in order to allow for orderly development of the property. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The removal of proffers will simply allow the property to be developed in conformity with the general guidelines and policies contained in the Roanoke County Community Plan and, specifically, with the guidelines of the C-2 (Commercial Dis trict). Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/rocreation and rrre and rescue. The removal of proffers will have no negative impact on the property or surrounding areas inasmuch as it removes an outdated set of proffers which are no longer relevant to the ownership and/or use of the property. 3 If( If: /-r/ ~~/r/ ,d'r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, MARCH 27, 1990 ORDINANCE 32790-9 T 0 C~GB THE ZONING CLASSIFICATION OF APPROXIMATELY 35 ACRES OF REAL ESTATE GENERALLY LOCATED SOUTH OFINTER- STATE 81 AND QaT OF PLANTATION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION R-l TO B-2 FOR COMMERCIAL _. -. . DEVELOPMENT WITH CONDITIONS UPON THE APPLICA- TION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA. WHEREAS, by. Resolution 91289-4 the Board of Supervisors of Roanoke County, Virginia, initiated amendments to the Comprehensive Plan and to the classifications of certain real estate located in Roanoke County to serve the public purposes of the County as required by public necessity, convenience, general welfare, and good zoning practice to impl~ent the recommendations of the Economic Development Action Plan for FY 1989-90; and WHEREAS, the first reading of this ordinance was held on - January- 2.3, 1990, and the second reading and public hearing was held on March -27, 1990; and, WHEREAS / . the Roanoke County Planning Commission held a public hearing on this matter on March 6, 1990; 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 approximately 35 acres, as described herein, owned by Household of Faith and generally located south of Inter- state 81 and west of Plantation Road in the Hollins Magisterial District, is hereby changed from the zoning classification R-l, Single Family Residential District, to the zon1ng classification of B-2, General Commercial District, for industrial development. 1_ 2. Tha t the Board ini tia ted the application to change the zoning classification of this real estate located in Roanoke County to serve the public purposes of the County as required by public necessi ty, convenience, general welfare, and good zoning practice to implement the recommendations of the Economic Development Action Plan for FY 1989-90. 3. That said real estate 1S more fully described as follows: BEGINNING at a point on the southerly side of Interstate Highway Route #81, said point being the northerly corner of property of Interstate Motel Developers, Inc. (D.B. 861, page 124) and shown as corner 1; thence with the di vision line between property of Florence Marie Peters o and Interstate Motel Developers, Inc., S. 31 09' 0011 E. 1364.15' to a point, corner 2; thence S. 580 50' 00" W. 100.44' to corner 4B; thence S. 300 451 00" W. 453.23' to corner 4A, at the northeast terminus of Carvin Street: thence with the same in part, and the northerly line of Lot 9, Sec. 3, Walrond Court (P.B. 2, page 178), S. 590 40' 4511 W. 551.20 I to corner 5 on the easterly boundary of Billy H. Branch; thence with same, and the easterly boundary of North Burlington Heights (P.B. 3, page 57), N. 361' 44' 23" W. 1750.93' to a fence post, corner 6; thence with the easterly boundary of Ellsworth L. Snyder and Bonnie E. Osborne Snyder (D.B. 1026, page 631) and Randolph Howell and Gladys R. Howell (D. B. 570, page 293), N. 370 24 I 00" W. 61.9.48 I to an iron pin on the southerly side of Interstate Highway Route #81; thence wi th a curved line to the right, whose radius is 4490.66 feet, and whose chord bearing and distance is S. 890 34 r 5711 E. 3.36 feet, an arc distance of 3.36 feet to corner 8, another point on the southerly side of Interstate Highway Route #81: thence with the same S. 890 33' 40" E. 1044.68' to corner 1, the place of BEGINNING, and designated as Tract I, containing 35.14 acres, all as more fully shown on a plat prepared by Buford T. Lumsden & Associates, P . C., Engineers and Surveyors, dated July 31, 1985, entitled "Plat showing Tract I (35.14 ac.) being conveyed to the Household of Faith by Florence Marie Peters, situated along south side of Interstate Highway Route #81, Hollins Magisterial District, Roanoke County, Virginia"; and, BEING a part of the same property acquired by J. H. Peters, Jr. and Florence Marie Peters by deed from J. S. Jamison and Fannie A. Jamison, his wife, dated June 12, 1947, and recorded in the Clerk I s Off ice of the Circuit Court of the County of Roanoke, Virginia, in Deed Book 373, page 216, and subsequently conveyed by J. H. Peters, Jr. and Florence Marie Peters to "Florence Marie Peters and J. H. Peters, Jr., and/or the survivor as a t common law as between the grantees," said deed being dated July 26, 1952, and recorded in the aforesaid Clerk's Office in Deed Book 477, page 136, the said J. H. Peters, Jr. having since passed away, survived by the Grantor herein. 4. That Household of Faith, as owner of this real estate, has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: (1) Building height no more than four stories, excluding steeples and bell towers. (2) Lighting not to exceed one foot candle measured at property line of. any of the adjoining single-family residences. (3) Buffer zone to be 50 feet adjacent to back side residential area. (4) Exclusion of the following permitted uses: commer- cial kennels and veterinarian hospitals, freestanding dance halls and billiard parlors, flea market, freestanding used car dealer- ship, and freestanding laundry/dry cleaners. (5) Access to the property for the church shall be from Carvin Street and/or Plantation Road. Access to the property for any other commercial use shall be only from Plantation Road. / 5. That the effective date of this ordinance shall be March 27, 1990. On motion of Supervisor Johnson f and carried by the following recorded vote: 'I I J ",I jr[ ,;.1/'''' Jr... '-., . i ( 1,) J 1 V (. 1 ...;......1 i l~ "1;, II' I AYES: Supervisors Johnson, Nickens, Robers NAYS: None ABSTAIN: Supervisors Eddy, McGraw A COpy TESTE: B~~Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Development & Inspections Terry Harrington, Director, Planning & Zoning John Willey, Director, Real Estate Assessment Paul Mahoney, County Attorney .rr,~,\ ,. , .~...}~ i;~~" l:" . ;,iiJ. iJ;I ~ J.:: . M,if/r ,~:' PL' -~... ...;<~,ji!~ /'Y;'f ,. ... ~ .' "" ,. t {'I". ' ;..I{."~; t,.. '. ::. ~":t. " " . ;~ / . " " J Address of Subiect Property: South of Interstate 81/West of Plantation Road Tax Map Nos.: 018.18-01-01.00/018.18-01-06.00 018.18-01-10.00 I 018.18-01-11.00 Applicant's Name: Oppidan Investment Company Owners' Names: Bach and Newbern Interstate Motel Developers, Inc. LEGAL DESCRIPTION BEGINNING at a point on the southerly side of Interstate Highway Route #81, said point being the northerly comer of property of Interstate Motel Developers, Inc. (D.B. 861, page 124) and shown as corner 1; thence with the division line between property of Florence Marie Peters and Interstate Motel Developers, Inc., S. 310 09' 00" E. 1364.15' to a point, comer 2; thence S. 580 50. 00" W. 100.44' to comer 4B; thence S. 300 45* 00" W. 453.23' to corner 4A, at the northeast terminus of Carvin Street: thence with the same in part, and the northerly line of Lot 9, Sec. 3, Walrond Court (P.B. 2, page 178), S. 590 40* 45" W. 551.20' to corner 5 on the easterly boundary of Billy H. Branch; thence with same, and the easterly boundary of North Burlington Heights (P.B. 3, page 57), N. 360 44' 23" W. 1750,93' to a fence post, corner 6; thence with the easterly boundary of Ellsworth L. Snyder and Bonnie E. Osborne Snyder (D.B. 1026, page 631) and Randolph. Howell and Gladys R. Howell (0.8. 570, page 293), N. 3r 24' 00" W. 619.48' to an iron pin on the southerly side of Interstate Highway Route #81; thence with a curved line to the right, whose radius is 4490.66 feet, and whose chord bearing and distance is S. 89034* 57" E. 3.36 feet, an arc distance of 3.36 feet to comer 8, another point on the southerly side of Interstate Highway Route #81; thence with the same S. 890 33' 40" E. 1044.68' to corner 1, the place of BEGINNING, and designated as Tract I, containing 35.14 acres, all as more fully shown on a plat prepared by Buford T. Lumsden & Associates, P.C., Engineers and Surveyors, dated July 31, 1985, entitled "Plat showing Tract I (35.14 ac.) being conveyed to the Household of Faith by Florence Marie Peters, situated along south side of Interstate Highway Route #81, Hollins Magisterial District, Roanoke County, Virginia". \\Opnsvr\Users\cbaumgardnerIZONING\ROANOKE COUNTY\Oppidan Investment Company\Legal.doc Roanoke County Real Estate Data Page 1 of2 County of Roanoke,Virginia ~ All Da1a r lr Jurisdiction: COUNTY ilil!!l!! Card Number: 00] of 00] Magisterial District: HOLLINS Census Block: 51161 03020520( Print Help Parcel Id: 018.18-01-01.00-0000 Property Address: 0 CARVIN ST Unit# Building Name: Owner Name: BACH AND NEWBERN Billing Address: 1145 GARRETT HILL RD Deeded Acre (AC) or Lot (L T): 35.14 AC Calculated Acre: GREENVILLE TN 37743 In Land Use: N Legal Description: GREEN RlDGE - TRACT I PETERS PROP Neighborhood: 02008 Use Model: COMMERCIAL - VACANT Appraiser: 11 Year Built (Est): 1000 Style: County Utilities: Billing Type Class: Not all Utilities included. See Help. 2006 Land Value: 2006-Building Value: 2006 Total Market Value: Transfers Year/Month Sales Price 199401 199204 198609 $326,000 $25,000 $0 $0 $0 Foundation: Sub Floor: Floor Cover #1: Floor Cover #2: Interior Wall #1 : Interior Wall #2: Exterior Wall #1: Exterior Wall #2: Commercial Structure Frame: Fire Place Description: Roof Structure: Roof Cover: Heat Fuel: Heat Type: Air Condition Type: # Apartment Units: 0 $716,800 $0 Click here fot" $716,800 2006 Values Flood Certificate: Zoning: C2C Zoning Conditions: 09-02/J 990 Instrument References Type PLAT DEED DEED DEED Number Bed Rooms: Lower 0, Base 0, Upper 0, Total 0 Full Baths: Lower 0, Base 0, Upper 0, Total 0 Half Baths: Lower 0, Base 0, Upper 0, Total 0 124501659 014310648 013651454 012451656 Sub Area Description Sq. Ft. NOTICE: Eve\)' effort is lnnde 10 produc.e and publish the m,lst current and nccurate informati(ln possible. No warranties, expressed or implied, are provided for the d http://eservices.roanokecountyva.gov/engineer/re/a1l2.asp?ParcelId=018.18-01-01.00-000... 12/21/2006 Roanoke County Real Estate Data Page 1 of2 County of Roanoke,Virginia '~ . All Oa.~ ' r Print Ir Help I_ Card N um bel': 001 of 001 Magisterial District: HOLLI Census Block: 5] J 6] 030205 Parcelld: 018.18-01-06.00-0000 Property Address: 0 PLANTATION RD Unit# Building Name: Owner N ame: INTERSTATE MOTEL DEVELOPERS INC Billing Address: ] 145 GARRETT HILL RD Deeded Acre (AC) or Lot (LT): 0.53 AC Calculated A GREENVILLE TN 37743 In Land Use: N Legal Description: PT PAR A C & D WILLIAMS PROP GREEN RIDGE Neighborhood: 02008 Use Model: COMMERCIAL - VACANT Appraiser: 11 Year Built (Est): 1000 Style: County Utilities: Billing Type Class: Not all Utilities included. See Help. Jurisdiction: COUNTY 2006 Land Value: 2006 Building Value: 2006 Total Market Value: $50,800 $0 Click here for $50,800 2006 Values Flood Certificate: Zoning: C2 Zoning Conditions: Transfers Instrument References YearlMonth Sales Price Type PLAT $0 DEED $0 $0 $0 $0 Number Bed Rooms: Lower 0, Base 0, Upper 0, Total 0 Full Baths: Lower 0, Base 0, Upper 0, Total 0 Half Baths: Lower 0, Base 0, Upper 0, Total 0 000000000 008610124 Foundation: Sub Area Description Sq. Ft. Sub Floor: Floor Cover #1: Floor Cover #2: Interior Wall #1: Interior Wall #2: Exterior Wall #1: Exterior Wall #2: Commercial Structure Frame: Fire Place Description: Roof Structure: Roof Cover: Heat Fuel: Heat Type: Air Condition Type: # Apartment Units: 0 NOTICE: Every effort is made to pmduce and pllbli~h the m\lst current and accurate information possible, No warranties, expressed or implied. are provided for the d http://eservices.roanokecountyva.gov/engineer/re/al12.asp?ParcelId=018.18-01-06.00-000... 12/21/2006 Roanoke County Real Estate Data Page 1 of2 County of Roanoke,Virginia ~ AU Data r Print ir Help I_ Card Number: 00] of 001 Magisterial District: HOLLJ Census Block: 51161030205 Parcelld: 018.18-01-10.00-0000 Property Address: 8010 PLANTATION RD Unit# Building Name: Owner Name: INTERSTATE MOTEL DEVELOPERS INC Billing Address: 1145 GARRETT HILL RD Deeded Acre (AC) or Lot (L T): 3.51 AC Calculated A GREENVILLE TN 37743 In Land Use: N Legal Description: PT PAR A & B WILLIAMS PROP GREEN RIDGE Neighborhood: 02008 Use Model: SINGLE FAMIL Y RESIDENCE Appraiser: 11 Year Built (Est): 1945 Style: RANCH W /BAS County Utilities: Billing Type Class: N at all Utilities included. See Help. Jurisdiction: COUNTY 2006 Land Value: 2006 Building Value: 2006 Total Market Value: $158,000 ,. $800 ClIck here for $158,800 2006 Values Flood Certificate: Zoning: C2 Zoning Conditions: Transfers Instrument References YearlMonth Sales Price Type PLAT $0 DEED $0 $0 $0 $0 Number 086100130 008610124 Bed Rooms: Lower 0, Base 3, Upper 0, Total 3 Full Baths: Lower 0, Base 1, Upper 0, Total 1 Half Baths: Lower 0, Base 0, Upper 0, Total 0 Foundation: CaNT FOOTING Sub Floor: PLYWOOD Floor Cover #1: CARPET Floor Cover #2: HARDWOOD Interior Wall #1: DRYWALL Interior Wall #2: Exterior Wall #1: FACE BRICK Exterior Wall #2: Sub Area Description BASE BASEMENT -UNFINISHED Sq. Ft. 1000 1000 Commercial Structure Frame: Fire Place Description: NONE Roof Structure: GABLE Roof Cover: ASP/CaMP SHNG Heat Fuel: OIL/WOOD/COAL Heat Type: AIR-DUCTED Air Condition Type: NONE # Apartment Units: NOTICE: Every effort i$ 111nde to produ~e and publi$h the most current and accurate information possible. No warranties, expre$sed or implied, are provided for the d http://eservices.roanokecountyva.gov/engineer/re/a1l2.asp?ParcelId=018.18-01-10.00-000... 12/21/2006 Roanoke County Real Estate Data Page 1 of2 lID All Data County of Roanoke,Virginia Print Ir Parcel Id: () 18, 18-0 I -11.00-0000 Property Address: 0 PLANT A nON RD Unit# Building Name: Owner Name: INTERSTATE MOTEL DEVELOPERS lNC Billing Address: 1145 GARRETT HILL RD GREENVILLE TN 37743 Legal Description: GREEN RIDGE Neighborhood: 02008 Appraiser: 1 I County Utilities: N at all Utilities included. See Help. 2006 Land Value: 2006 Building Value: 2006 Total Market Value: $88,700 $0 CUe)\: here for $88 700 2006 Values , Transfers YearfMonth Sales Price Instrument References 19&511 $40,000 $0 $0 $0 $0 Type PLAT DEED Number 000000000 012281450 Foundation: Sub Floor: Floor Cover #1: Floor Cover #2: Interior Wall #1: Interior Wall #2: Exterior Wall #1: Exterior Wall #2: Commercial Structure Frame: Fire Place Description: Roof Structure: Roof Cover: Heat Fuel: Heat Type: Air Condition Type: # Apartment Units: 0 r Help lEl!l!m Card Number: OOJ of 001 Magisterial District: HOLL! Census Block: 51161030205 Jurisdiction: COUNTY Deeded Acre (AC) or Lot (LT): 1.97 AC Calculated A In Land Use: N Use Model: COMMERCIAL - VACANT Year Built (Est): 1000 Style: Billing Type Class: Flood Certificate: Zoning: C2 Zoning Conditions: Bed Rooms: Lower 0, Base 0, Upper 0, Total 0 Full Baths: Lower 0, Base 0, Upper 0, Total 0 Half Baths: Lower 0, Base 0, Upper 0, Total 0 Sub Area Description Sq. Ft. NOTICE: Every effort is made to produce 3JId publish the most current and accurate information possible, No warranties, e.xpressed or implied, ore provided for the d http://eservices.roanokecountyva.gov/engineer/re/a112.asp?ParcelId=018.18-01-11.00-000... 12/21/2006 ADJACENT OWNERS (To Tax Map No. 018.18-01-01.00, Bach and Newbern 35.14 Acres) 2 Interstate Motel Developers, Inc. 1145 Garrett Hill Road Greenville, TN 37743 Interstate Motel Developers, Inc. I 145 Garrett Hill Road Greenville, TN 37743 Saint Francis of Assisi Service Dog Foundation, Inc. P.O. Box 19538 Roanoke, V A 240 I 9 Bruce A. Herndon 8207 Enon Drive Roanoke, VA 24019 Frank B. & Thelma D. Havens 8123 Enon Drive Roanoke, VA 24019 Tony Ray & Pamela Martin Hart 8 I 07 Enon Drive Roanoke, VA 24019 Estate of Myrtle V. Turner 254 I Country Club Road Troutville, VA 24175 Mary Kathleen Clyburn (NDA) 8015 Enon Drive Roanoke, VA 24019 Margaret H. Camper 8005 Enon Drive Roanoke, V A 240 19 Myrtle W. Pullen 7937 Enon Drive Roanoke, VA 24019 Jerald J. & Jean A. Schaeffer 7921 Enon Drive Roanoke, VA 24019 Michael A. Payne C/o Shay 1. & Rita K. Christian 7044 Northway Drive Roanoke, VA 24019 Walter Emerson Stokely C/o Della M. Stokley 7887 Enon Drive Roanoke, VA 24019 Stephen D. & Susan M. Firebaugh 7871 Enon Drive Roanoke, V A 24019 027.06-03-02.00 018.18-01-10.00 018.18-01-11.00 3 018-17-02-22.00 4 018.17-02-23.00 5 018.17-02-24.00 6 018.17-02-25.00 7 018.17-03-01.00 8 018.17-03-02.00 9 018-17-03-03.00 10 027.06-01-01.00 11 027.06-01-02.00 12 027.06-01-03.00 13 027.06-03-01.00 14 C2 C2 ARS Rl Rl Rl Rl Rl Rl Rl Rl Rl Rl Rl Randy & Maria B. Salyers 15 17923 Stewartsville Road 027.06-03-15.00 Rl Vinton, V A 24179 Martha Burkholder Murray Et Als 16 720 North Battery Drive 027.06-04-01.00 R2 Roanoke, V A 24019 Hollins Hospitality, LLC 17 P.O. Box 201 027.06-04-18.01 C2 Roanoke, V A 24002 Kaival, LLC (NDA) 18 8118 Plantation Road 018.18-01-02.00 C2 Roanoke, V A 24019 Kaival, LLC (NDA) 19 8118 Plantation Road 018.18-01-02.01 C2 Roanoke, V A 24019 Church of God ofTR (Across 1-81) 20 P.O. Box 7547 018.18-01-08.00 C2 Roanoke, V A 24019 Church of God ofTR AKA (Across 1-81) 21 P.O. Box 7547 018.18-01-08.01 C2 Roanoke, V A 24019 (NDA) Not Directly Adjacent Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning. staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department 0 f Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list oj potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. 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"_ ._" " e6heciclisl,aboVe'are:com" rete., .. .'.' ,..'...... . ....'" ","'" . P. ,,'" 12 I '2112a?~ , Date . :Si' Ji APPLICATION FOR SPECIAL USE PERMIT FOR GANDER MOUNTAIN AND CAMPING WORLD ON A PORTION OF TAX MAP NUMBERS 018.18-01-01.00 AND 018.18-01-10.00 FOR THE OPPIDAN RETAIL CENTER HOLLINS MAGISTERIAL DISTRICT COUNTY OF ROANOKE, VIRGINIA PREPARED FOR Oppidan Investment Company 5125 County Road 101, #100 Minnetonka, Minnesota 55345 DATE: December 22, 2006 COMM. #2006-224 LUMSDEN ASSOCIATES, P.C. ENG INEERS-S URVEYORS - PLANNERS ROANOKE, VIRGINIA Application for Special Use Permit: Gander Mountain and Camping World, Roanoke County, VA. TABLE OF CONTENTS 1. APPLICATION INFORMATION.... ............... ....... ............................. ........................ ................ _. ........... 3 2. JUSTIFICATION ..... ......................... .................. .................................... ....................................... ............ 3 3. CONCEPT PLAN..... ................. ............... ........ .............................. ......... ........... .....................,.... .............. 4 4. LEGA.L DESCRIPTION OF PROPERTY .............................................................................................. 5 5. ADJACENT OWNERS ....................................... ..................... _............ ............................ .......... ... ............ 5 APPENDIX A. Completed and Signed Roanoke County Special Use Application B. Conceptual Site Plan by Ryan Companies US, Inc. dated December 21,2006 C. Conceptual Development Plan by Lumsden Associates, P.C. dated December 22,2006 D. Conceptual Infrastructure Development Plan by Lumsden Associates, P. C. dated December 22, 2006 E. Roanoke County Zoning Administrator Letter dated December 12, 2006 F. Agenda from August 30, 2006 Pre-Application Meeting G. Water and Sewer Application H. Water and Sewer Planimetric Map Lumsden Associates, P.c. Comm. #2006-224 December 22,2006 Page 2 Application for Special Use Permit: Gander Mountain and Camping World, Roanoke County, V A. 1. APPLICATION INFORMATION 1.1 Special Use Application (See attached, completed, and signed application form.) 1.2 Applicant: Oppidan Investment Company 5125 County Road 101, Suite 100 Minnetonka, Minnesota 55345 C/o Larry Barrett Phone: (952) 294-0353 Cell: (612) 597-9452 Fax: (952) 294-0151 1.3 Owners: Bach and Newbern and 1145 Garrett Hill Road Greenville, Tennessee 37743 Interstate Motel Developers, Inc. 1145 Garrett Hill Road Greenville, Tennessee 37743 1.4 Property Location: The address for the Back and Newbern portion of the site is 0 Carvin Street and the address for the Interstate Motel Developers site is 8010 Plantation Road; the land can be described as the large vacant parcels at the southwest comer of Interstate 81 and Plantation Road. 1.5 Magisterial District: Hollins 1.6 Community Planning Area: Hollins 1.7 Tax Map No,: Portion of Tax Map Numbers 018.18-01-01.00 and 018.18-10,00 1.8 Existing Zoning: C2C (09-02/1990) 1.9 Size of parcel: 8.178 Acres 1.10 Existing Land Use: Vacant 1.11 Proposed Land Use: Service. Principally Retail Sales; with a portion of Recreational Vehicle Sales and 2. JUSTIFICATION 2.1 How request furthers the purpose of the Roanoke County Ordinance: The purpose of C2 General Commercial District is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. Gander Mountain, Camping World, and the overall retail development will provide quality commercial/retail services to Roanoke County and the larger Roanoke regional area. This project encompasses many of the traits and attributes the Roanoke County Planning Commission and Board of Supervisors intended when they rezoned the property in 1990. While this request is for the Gander Mountain and Camping World portion, the overall development will propose a new stoplight at Friendship Lane on Plantation Road, a major arterial, immediately Lumsden Associates, P.C. Comm. #2006-224 December 22, 2006 Page 3 Application for Special Use Permit: Gander Mountain and Camping World, Roanoke County, VA. south of the Hollins Interstate 81 interchange. This newly improved intersection at Friendship Lane will be the point of access to The Oppidan Retail Center. 2.2 How vroiect conforms to the Roanoke County Community Plan: The future land use for this property is designated as a core area in the Roanoke County Community Plan. The Community Plan identifies a core area as. an area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem, and Vinton. Core areas may also be appropriate for larger-scale highway-oriented retail uses and regionally-base shopping facilities. Planned shopping centers and clustered retail uses are encouraged. The Oppidan Retail Center, which Gander Mountain and Camping W orId will be a part of, is planned to be an approximately forty (40) acre planned retail center capitalizing on the land's Interstate 81 exposure and new planned improvements for Friendship Lane and Plantation Road. 2.3 Impacts the request will have on the property itself. the adioining properties. and the surrounding area. as well as the impacts on public services and facilities: The proposed development will respect the natural topographic features to the extent possible considering the Gander Mountain and Camping World design guidelines. Landscaping and buffers will be provided as required by the Roanoke County Zoning Ordinance. Access to the site will come from Plantation Road at the Friendship Lane intersection. Improvements to Plantation Road and Friendship Lane will include realigning a small portion of Friendship Lane and a stoplight at the intersection. The entrance and all road improvements will be designed and constructed in accordance with Virginia Department of Transportation standards. The development has access to water and sewer services and has been confIrmed in a meeting with the Western Virginia Water Authority. Water and sewer services will be designed and constructed in accordance with Western Virginia Water Authority standards. Because this commercially zoned property has sat vacant for a number of years, any by-right development of this land will have a significant visual impact to the surrounding area. However, this development will try to mitigate the negative visual impacts with additional buffer landscaping. A fifty (50) foot buffer is provided along the property line separating this conunercial use from the residential parcels to the west and south. 3. CONCEPT PLAN The Conceptual Site Plan by Ryan Companies US, Inc. for Oppidan Investment Company dated 12/19/2006 is attached. The Gander Mountain retail facility will be located at the northeast comer of the combined parcels tax map numbers 018.18-01-01.00 and 018.18-10.00. Parking facilities will be located to the east off the access road which bisects the overall combined parcels and the building will be placed forty (40) to sixty (60) feet off the east property line, adjacent to the Kaival, Inc. (Days Inn) property. The access road traverses the ridge of the site; leaving the development on the west side of the parcels still visible from the residential area to the west, but assisting to screen the proposed developments on the east side of the access road. The Camping World retail facility will be located at the northwest comer of tax map number 018.18-01-01.00. A fifty (50) foot landscape buffer will be provided between the residentially zoned property to the west and the Camping World development. Lumsden Associates, P.c. Corom. #2006-224 December 22, 2006 Page 4 Application fOT Special Use Permit: Gander Mountain and Camping World, Roanoke County, VA. 4. LEGAL DESCRIPTION OF PROPERTY The following is a deed description for the Oppidan Retail Center a (Gander Mountain & Camping World) consisting of a portion of Roanoke County Tax Map #18.18-1-10 and Tax Map # 18.18-01-01. The description is as follows: BEGINNING at a point, being the northwesterly comer of Kaival, LLC, said point also located on the southerly right-of-way of Interstate 81; thence leaving 1-81 and with Kaiva1 for the following 2 courses; S 300 32' 54" E, 401.63 feet to a point; thence S 310 58' 14" E, 269.37 feet to a point; thence leaving Kaival and with 8 courses comprising the perimeter of Tract A as through the property of Interstate Motel Developers, Inc. and Bach and Newbern as follows: S 590 03' 06" W, 303.80 feet to a point; thence S 300 58' 52" W, 61.88 feet to a point, said point located on the terminus of proposed access road; thence with a curve to the left, which said curve is defined by a delta angle of 1220 58' 47", a radius of 55.00 feet, an arc length of 118.05 feet, a chord of 96.66 feet and bearing S 590 29' 28" W to a point; thence leaving terminus of said proposed access road and continuing with outer perimeter of Tract A, specifically center of 40 foot proposed ingress/egress easement, with a curve to the right, which said curve is defined by a delta angle of 260 59' 44", a radius of350.00 feet, an arc length of164,91 feet, a chord of163.39 feet and bearing N 440 27' 02" W to a point; thence N 300 57' 10" W, 352.92 feet to a point; thence with a curve to the left, which said curve is defined by a delta angle of 580 33' 23", a radius of 120.00 feet, an arc length of 122.64 feet, a chord of 117.37 feet, and bearing N 600 13' 52" W to a point; thence leaving proposed ingress/egress easement and continuing with perimeter of Tract A; thence N 000 28' 32" E, 160.79 feet to a point; thence N 590 02' 50" E, 377.27 feet to a point, said point located on the southerly boundary of Interstate 81; thence with Interstate 81, S 890 31' 28" E, 99,85 feet to the point of BEGINNING and containing 8.178 acres as more particularly shown on overall Development Plan for Oppidan Retain Center prepared by Lumsden Associates, P.C., dated December 22,2006. s. ADJACENT OWNERS 2 Bach and Newbern 1145 Garrett Hill Road Greenville, TN 37743 Interstate Motel Developers, Inc. 1145 Garrett Hill Road Greenville, TN 37743 Kaiva1, LLC 8118 Plantation Road Roanoke, VA 24019 Kaival, LLC 8118 Plantation Road Roanoke, VA 24019 018.18-01-01.00 C2C 018.18-0 I-I 0.00 C2 3 018.18-01-02.00 C2 4 018.18-01-02.01 C2 Lumsden Associates, P.c. Comm. #2006-224 December 22, 2006 Page 5 Application for Special Use Permit: Gander Mountain and Camping World, Roanoke County, VA. Saint Francis of Assisi Service Dog 5 Foundation, Inc. a 18-17 -02-22.00 ARS P.O. Box 19538 Roanoke, V A 24019 Bruce A. Herndon 6 8207 Enon Drive 018.17-02-23.00 R1 Roanoke, V A 24019 FrankE. & Thelma D. Havens 7 8123 Enon Drive 018.17-02-24.00 Rl Roanoke, V A 24019 Tony Ray & Pamela Martin Hart 8 8107 Enon Drive 018.17 -02-25.00 Rl Roanoke, V A 24019 Church of God ofTR (Across 1-81) 9 P.O. Box 7547 018.18-01-08.00 C2 Roanoke, V A 24019 Church of God ofTR AKA (Across 1-81) 10 P.O. Box 7547 018.18-01-08.01 C2 Roanoke, V A 24019 Lumsden Associates, P.c. Comm. #2006-224 December 22, 2006 Page 6 'i , I \; Ii I, n Ii ~ ! , l' I, 1 ~ ~ i ;; ,enUDty'Qt~~~gQ~~ .' :Commuility,Deve1opment e.'., ", :~l;t"Qo;mg.",~ Z;b#i~,'t~.. ,- ,.' .;'" . '~:' ',' ~. .~ : '., '. : . , . ~ '" " '5i04.~(illiiidDriVh, , "'~ :' , :'.' " : ~~Ql~,~~,2.-98,OQ "., '. - ,'" ;RoanOKe ,'VAa40T8~.oml8;: \(~4Q)7ii~2P(;8" "flQt'(~4ij) J7r)f71S'fi. ForSta'fftise':()iily . ;DII\e~"t:d: Received!ly-;, :Ap:p.1i~!>llJt;t:J',C$~~~; J'11iCIitt!S:,iSSilCd:, :.BOS:'dDtC~l ...." ,.... . -, Chec~""etita' ilcatitit\:-:1l1ed"/;cnerikall'tli:anr.' 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'", ....." , ibe~~acts<.onl1ub1ie$erv!ices:aJ:ld faei1rtle~ inc1uaI~giwaterrse\Vet:.wads; sclWoTh;,'P~!~~a.rtQn,'lW~f!.~~P.:r~9i,1~, ~ ATTA~~.H:~D L2..€i5 /" 5 (jC)mIl1Ur:lI~ D"~v~J~pm~rit: Plai1nlngc8LZQniri~.:tfivts'ic).IT "'N~ii~~==:i~:~~=~i:=~:=~: F1.~GC6MMIsSI0NAP.P.LlCk'tIdNkGGEPTANGR:PRQCEbt.JRE TIle Roanoke; CoWity:' Hlanning{ :Commission ;r.eserY.es, the ,right: 10, ;con'ffnuer:a R:ezonfug;. Sllbdi- iSlOIiWiiWer :P.ubnc, S:t:rtieeWa'#.er~ot.S', edfatUSeJ~etrtrlipentioiiJIiieW: oI':ad'ilitlon:al' fui9~ation ~~p~tcii'~t"fu~P~bli~~, 4e,~: ':~~'~(i~:~~;9P.~~A: '~f:~~'~:ajQtitt ~f'cme: :P] Anj'illlg eoj1'i1Ti~Rsieiiei:S pti$~t afthe schedcled ptiblic heaiili.tlhat)sifflicienf::nme~waS~ nor ~y~~l:;ll~: fo(':p'~!,n~n.g: ~ffl!.( ~dlQt an <Qllis.iCte: t~tet:nil ;,ligep.g. io i~~u~ic:l~ ;~~~li,ia~ Wi~t 'PI'O:v.ide Mirlften:;commeIif.sand 'Suggesnons:on::the;new'Dr'i1ddiuonal mformanQn prlodqr~: ~81r~ii!i~e:i~i Plfinn1n$. 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" ~op': ~~l fi " I ~ i J I ! ~ I Ii ; ! d l~l ie~ ~I~ I I !II l.l I~i ill ::l Ii v r J~i " , ;! ~f.J g , ~, :!!' ~ r' ~ 1 =1'1 ~ !II" ~~ri "'II" ~!Ui .. iit , 3 II , ' ! i! i~!,' ., I . ! 11 ' i j l!...~ ~O""O:>' ~EIlo~~&,..~..u:.-o'D{>oe~ .~......,., '" " crIountlJ nf ~o'anoke DEPARTMENT OF COMMUNITY DEVELOPMENT 8UJl!)ING PERfo.,rrS DEVELOPMEN1R~EW ENGrJl:EERI:-JG INSPECTIONS MAPPlNG:'G IS STORMWATER MANAGE"lJENT TRANSFORiATION DIRECTOR. ARNOLD COVEY DEPUTf DIRECTOR OF DEVELOPMENT SERVlCES. TAREK MONEIR DEPUN DIRECTOR OF PLANNING, PHIUPTHOMPSON COUNTY ENGINEER, GEORGEW. SIMPSON Ill. P.!;;, BUILDING COMMISSIONER. JOEl S. SAKER CBO December 12, 2006 KTJ Limited Partnership One Hundred Fifty-One c/o Oppidan Investment Company 5125 County Road 101, Suite 100 Minnelonka, lv0i 55345 Artn: Jos(l:ph H, Ryan Union Bank & 11Ust Company 2720 South t 1'7 Street Omaha, NE {i 813 0 Altn: Karen.J, Cenovic RE: GandeI Mountain 1-81 and Plantation Road Roanoke County, V A I adies and Gentlemen: This is to advise you that the zoning and lhe use 0 ( the above~captioncd property is go\terned by the laws and regulations of the County of Roanoke, VA, and that the property has been zoned C.2~ General Commercial, undeT Section 30-54 of the Zoning Ordinam:e. Specitlcally, Section 30-54.2(4) lists sporting goods stores (reiail sales) as a permitted use. The C-2 zoning on the property alloVl-"S the use of The Property to be retail sales in nature and Gander Mountain Company can operate its business use on the property as follows: Sales and len1al of hunting (including without limitation hre8rmS and ammunition). fishing, camping and outdoor apparel and footwear, products:. equipment and related accessories (and retail sales and lental of videotapes. cassette tapes, compact discs 01' another visual or audio pl'Oducts related to such uses), sale of other casual appatd and foohvear, operation of an interior incidental or accessOlY snack or /bod sezvice, retail sales, retail and service of (and outside storage and display orin designated enclosed area) all-teITain vehicles and related accessories, and outside storage and display of F:O. BOX 29800" ROANOKE, VmGINJA 24018 . PHONE (540} 772-2080. FAX (540) 772-2108 @ Ri :y::li j F'i~'i. December 12~ 2006 Page 2 canoes, and kayaks and other related products and rnerc:handise Of for an)' lawful retail sales purpose The sale~, display of or offering fat' sale any tecreational vehicle: as defmed by the Roanoke County Zoning Ordinance shall require a Special Use Pe:lmit on the above noted PrQpelty, Some exarnpks oIrecreutional vehicles shltU include truvel trailers, campers, motor homes,_ tent trailers used for temporary housing and shall include motorized boats. As Dfthe date hereof; this office has no record of any zoning violations on the property. this dcrennination is solely based on a query ofthc Roanoke County enforcement Iccot'ds and no site inspection was conducted, Sincerely, t\ I ..... , I \.." ,....{..~. ;r ~\r ~~' I/;'~ \,; [) John F _ ~rUtphy:, CZA Zoning Administrator- County of Roanoke LUMSDEN ASSOCIATES, P.C. ENG INEERS - SURVEYORS-PLANNERS V. KIRK LUMSDEN, L.S. B, LEE HENDERSON, JR, P.E., L.S, mOMAS c. DALE, P.E, TIM:OTHY HOELZLE, L.S. FAISAL Z. MINHAS, P.E. LARRY T. OGLE, JR,. L.S. HOWARDP. BOGGESS, II, CLA JAMES L.1ENKINS, L.S, KEVIN T. BARNES, CLA 4664 BRAMBLETON AVENUE, SW - P.O. BOX 20669 - ROANOKE, VA 24018 - PHONE (540) 774-4411 - FAX (540) 772-9445 - EMAIL MAIL@LUMSDENPC.COM AGENDA PRE-APPLICATION MEETING FOR SPECIAL USE PERMIT AND REZONING OF OPPIDAN INVESTMENT COMPANY DEVELOPMENT GANDER MOUNT AlN, CAMPING WORLD, ETC. ON TAX MAP #'S: 018.18-01-01.00,018.18-01-06.00,018.18-01-10.00, AND 018.18-01-11.00 I. INTRODUCTIONS II. PROJECT SYNOPSIS Goals for Oppidan Investment Company - Gander Mountain - Camping W orId - Remaining Property III. MEETING STATEMENT Pre Special Use Permit (SUP) and Rezoning Application Meeting - Staff explain what is required/expected in the application. - Staff explain the process further. - Answer any questions the petitioner may have. IV. APPLICATION AND ISSUES Concept Plan Checklist Review (Items below are a select few, which we hope to clarify.) - Applicant Name and Name of Development - All buildings, existing and proposed, and dimensions, floor area and heights. - Dimensions and locations of all driveways, parking spaces and loading spaces. - Existing utilities (water, sewer, stonn drains) and connections at the site. - Any driveways, entrances/exits, curb openings and crossovers. (Traffic Analysis) - Approximate street grades and site distances at intersections. - Any proffered conditions at the site and how they are addressed. (Current Conditions on property) - If project is to be phased, please show phase schedule. V. NEIGHBORHOOD MEETING Tentative: Tuesday, September 12th, 2006 at 7:00pm (Hollins Fire House or Burlington Elementery) Logistics of setting up meeting and what to expect. VI. PLANNING COMMISSION Tentative: Tuesday, November 7th, 2006 (Election Day) What to expect. VII. BOARD OF SUPERVISORS Tentative: Tuesday, November 14th, 2006 Western Virginia Water Authority Water/Sewer Availability Application Date: 12/20/2006 Applicant: Oppidan Investment Company C/o Larry Barrett Mailing Address: 5125 County Road 101 Minnetonka. MN 55345 Phone: (952) 294-0353 Cell: (612) 597-9452 Fax: (952) 294-0151 Property Address: 8010 Plantation Road City or County: Roanoke County Tax Map Number{s): 018.18-01-01.00. 018.18-01-06.00. 018.18-01-10.00. and 018.18-01-11.00 Development (Subdivision) Name: The Oppidan Retail Center Single Residential, Duplex,Multi-Residential, Subdivision, or Commercial Faci Iity? ' ., Commercial Retail Center Water Meter Size Requested: Yet to be determined. Sewer Lateral Size Requested: Yet to be determined. COMPLETE THE FOllOWING FOR NON-RESIDENTIAL AND MULTI-RESIDENTIAL SERVICES Domestic Flow Required? *" Yet to be determined GPM *" (Attach completed "Sizing Water Service Lines and Meters" Form AND "Non-Residential Sanitary Sewer Checklist", blank forms available on website under "Engineers" section) Is Building to be Sprinkled? YES / NO (Yet to be determined) Minimum Fire Flow Required? Yet to be determined GPM Return to Jamie Morris; Phone: 540-853-1588; Fax: 540-853-1017 Postal Mail: 601 S.JeffersonStreet, Suite 300, Roanoke, VA 24011 Jamie. mo rri s@Westernvawater.orq; www.westernvawater.org Rev. 1/06/06 ACTION NO. ITEM NO. tlJ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Second reading of an ordinance authorizing conveyance of an easement to Mountain Brook Development, Inc. through property owned by the Roanoke County Board of Supervisors at Vinyard Park to provide a mainline sanitary sewer connection, Vinton Magisterial District SUBMITTED BY: Pete Haislip Director of Parks, Recreation and Tourism ElmerC.Hodge d~!(~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ('~~ ~~/ SUMMARY OF INFORMATION: Mountain Brook Development, Inc. is requesting that the Board of Supervisors convey the following easement for the purpose of providing a mainline sanitary sewer connection from the proposed Mountain Brook Subdivision located within the City of Roanoke corporate limits to the Glade Creek sanitary sewer interceptor located along the south side of the Norfolk & Western Railroad right-of-way within Vinyard Park, in the Vinton Magisterial District as follows: As shown on engineering plans prepared by Balzer and Associates, the design engineering firm for Mountain Brook Development, Inc., the new 20' wide public sanitary sewer easement would contain approximately 400 square feet to be granted from the edge of the railroad property to the existing sewer main located on property owned by the County at Vinyard Park and designated as Tax Map Numbers 61.05-02-01 AND 61.05-02-02. Staff has met on-site and has approved the easement location as identified on the attached plat. In addition, staff has met on-site with representatives from Balzer & Associates and together determined that there will be some impacts to the adjacent soccer field in Vinyard Park outside of the new easement that is being requested associated with installation of the new sanitary sewer manhole shown on the Balzer & Associates plans as "S.S MH. 'A"'. The soccer field is irrigated to provide a high quality, natural-turf playing surface for soccer tournaments. Staff, utilizing the Roanoke County standard formula of 40% of assessed value of the easement requested (400 sq. ft.) and including the costs associated with required restoration ofthe high quality, natural-turf soccer field playing surface, has determined the fair market value ofthis easement and associated construction impacts to park land to be $1,500.00. Staff further requests that the necessary sewer project construction on park land be completed by March 1, 2007 so as not to interfere with scheduled soccer tournaments in this portion of Vinyard Park. The first reading of this ordinance was held on January 9, 2007, and there have been no changes since that time. FISCAL IMPACT: The fair market value of this easement along with costs associated with required restoration of the high quality, natural-turf soccer field playing surface is $1,500.00. These funds will be placed in the Department of Parks, Recreation and Tourism capital maintenance fund to be used for the restoration of the impacted soccer field and for other needed improvements at Vinyard Park. AL TERNATIVES: 1. Authorize the conveyance of an easement to Mountain Brook Development, Inc. for the purpose of providing a mainline sanitary sewer connection to the Glade Creek sanitary sewer interceptor located on property owned by the County at Vinyard Park and appropriate fair market value payment of $1,500.00 to the Department of Parks, Recreation & Tourism capital maintenance fund. Request that the necessary sewer project construction on park land be completed by March 1, 2007 so as not to interfere with scheduled soccer tournaments in this portion of Vinyard Park. 2. Decline to authorize the requested easement conveyance. STAFF RECOMMENDATION: Staff recommends Alternative 1, authorize the conveyance of an easement to Mountain Brook Development, Inc. for the purpose of providing a mainline sanitary sewer connection to the Glade Creek sanitary sewer interceptor located on property owned by the County at Vinyard Park and appropriate fair market value payment of $1,500.00 to the Department of Parks, Recreation & Tourism capital maintenance fund. Staff recommends that the necessary sewer project construction on park land be completed by March 1,2007 so as not to interfere with scheduled soccer tournaments in this portion of Vinyard Park. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 23,2007 ORDINANCE AUTHORIZING CONVEYANCE OF AN EASEMENT TO MOUNTAIN BROOK DEVELOPMENT, INC. THROUGH PROPERTY OWNED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS AT VINYARD PARK (TAX MAP NO. 61.05-02-01 AND 61.05-02-02) TO PROVIDE A MAINLINE SANITARY SEWER CONNECTION FROM THE PROPOSED MOUNTAIN BROOK SUBDIVISION LOCATED WITHIN THE CITY OF ROANOKE CORPORATE LIMITS TO THE GLADE CREEK SANITARY SEWER INTECEPTOR LOCATED ALONG THE SOUTH SIDE OF THE NORFOLK & WESTERN RAILROAD RIGHT-OF-WAY IN VINYARD PARK, VINTON MAGISTERIAL DISTRICT WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of two parcels of land containing 53.038 acres off Berkley Road in the County of Roanoke, Virginia, designated on the Roanoke County Land Records as Tax Map Nos. 61.05-02-01 and 61.05-02-02; and, WHEREAS, Mountain Brook Development, Inc. has requested the conveyance of an easement across this property to provide for a mainline sanitary sewer connection from the proposed Mountain Brook Subdivision located within the City of Roanoke corporate limits to the Glade Creek sanitary sewer interceptor located along the south side of the Norfolk & Western Railroad right-of-way within Vinyard Park; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including easements, shall be accomplished by ordinance; the first reading of this ordinance was held on January 9, 2007; and the second reading was held on January 23,2007. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed are hereby declared to be surplus, and are hereby made available for other public uses by conveyance to Mountain Brook Development, Inc. for a mainline sanitary sewer connection from the proposed Mountain Brook Subdivision located within the City of Roanoke corporate limits to the Glade Creek sanitary sewer interceptor located along the south side of the Norfolk & Western Railroad right-of-way within Vinyard Park. 2. That conveyance to Mountain Brook Development, Inc. of a sanitary sewer easement as shown and described as ". . . Proposed 20' S.S.S" (400 sq. ft.) on a plat entitled "Easement Sketch for Roanoke County Board of Supervisors showing . . . Proposed 20' Public Sanitary Sewer Easement" being granted by Roanoke County Board of Supervisors to Mountain Brook Development, Inc. Situated on Tax #61.05-02-01 and 61.05-02-02 (Plat Book 28, Page 71) Vinton Magisterial District" prepared by Balzer and Associates, Inc., dated November 1,2006, a copy of which is attached hereto as Exhibit A, is hereby authorized and approved. 3. That the County accepts the payment of $1500.00 as fair market value compensation for this easement and that this sum is appropriated to the Department of Parks, Recreation and Tourism Capital Maintenance Fund. 4. That the County Administrator, or any assistant county administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption. 2 o . I I I I I~~ l~l~ I C) ~ ::: <: I I I~ I~ ~ I~ I~ ~ I ~ ~ I ~ ,~~ , ~18 ~<: ,[ ~ I .-.J THE INTENT OF THIS SKETCH IS TO SHOW THE LOCATION OF A PROPOSED 20' PUBLIC SANi!ARY SEWER EASEMENT AND IS NOT INTENDED TO REPRESENT A COMPLETE FIELD SURVty OF THE PROPERTY. N45'27'38''W 777.16' N/F CECIL D. & JUDITH H. HARRIS D.B. 7536. PG. 858 T. M. #70207 05(ROA cry) NOTES: 1. OWNER OF RECORD: ROANOKE COUNTY BOARD OF SUPERVISORS 2. lEGAL REFERENCE: PLAT BOOK 28, PAGE 71 3. TAX MAP #,S 61.05-2-1 & 61.05-2-2 4. UNDERGROUND UTILITY SERVICE LINES EXISTING ~<5> ~M~RY~Wm ~ ~ M~NHOLE CENTERLINE PROPOSED .? ~ 20' PUBLIC SANITARY SEWER EASEMENT(S.SE) ~SEE SEWER DETAIL < ~ . ~ ~ ~ ~J :t:;;:tJ I'( r.o . (() r.o !i) I :t:..... tr 0)' G ~ ~\iQ:: Vj~<Cl;:-' ~,,, CJ < "-1-..... ~\ci(J ~~2 ~cti~ ~Ci~ C) h: 0::' ~ EXISTING SANITARY SEWER MANHOLE N43'29 '20 ''E 15.08' GRA VEL DRIVE 5TK ONLINE @ 770. 6 ' ;t . CJ ~ ."" .ll;) ~ ::-1 "'i \ci ..,. li) <: "2 Sig;'-.l ~ lr) . Cl-CS <\i~ y..~Cl..... ~ ,.....-:: Cllr)CJ ~\'\J ~.....~ - Q ~O:i' Q't '0" Q - ~Cl~ IX) ~\ """ I-..: 't ' I")'t I") V'\ FENCE STK. FND, @ CORNER STK. ONLINE @ 5858' STK ONLINE @ 492.2' 53.038 ACRES FROM RECORDS ROA. co. T.4X MAP #'s 61.05-2-1 &: 61.05-2-2 FENCE N40?4 " 7"W 670.'7' BERKLEY ROAD 30' R/W I I EASEMENT SKETCH FOR ROANOKE COUNTY BOARD OF SUPERVISORS SHOWING A PROPOSED 20' PUBLIC SANITARY SEWER EASEMENT CROSSING 53.038 ACRES SHOWN ON "PLAT SHOWING (53.038 AC.) BEING TRANSFERRED FROM THE CITY OF ROANOKE, VIRGINIA TO ROANOKE COUNTY, VIRGINIA" PLAT BOOK 28, PAGE 71 VINTON MAGISTERIAL DISTRICT ROANOKE COUNTY, VIRGINIA NOVEMBER 1, 2006 JOB #R0500378.00 SCALE: 1"=200' TEL: 540-772-9580 FAX: 540-772-8050 PLANNERS ARCHITECTS ENGINEERS SURVEYORS CHK: Balzer & Associotes, Inc. 1208 Corporate Circle Roanoke Vo. 24018 \1- 546.01 'fO''E 36.5' 1--, - r~ .ii PRO~. 2Q' OJ lPUBLlC ~ S. SE 'II- j SEWER DETAIL NOT TO SCALE j >:' 'CCJh. I-..:C\)'-.l lr), lw.....:sc '0 c:s <:0~ y..:::;Cl'<!- y~ CJ ~<'ci-" <-:SC\{)CJ ~~\'\J .....CJ --.: ~ 0::0:i' ~c:i~ ~ I-..: <: >:' Cl h. \n,<!-'0 ~'<I- , :SC~CS ;:\-0:: ~ CJ '-=- ~O::CJ~ ~ lr)..... <c....j~CJ \'\J GI-..:~ ~~, e=;'--'~ 0:: I-..: . ,,~ ~~ " If) \ -:'" \'\j~ V'\ BL\LZER AND ASSOCIATES INC. l!!!I:!!iii o PLANNERS <:I ENGINEERS oARCH(lECTS o SURVEYORS Exhi bit It ACTION NO. ITEM NO. :rl-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board Elmer C. Hodge {/1 County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1, Grievance Panel The three-year term of Karen Ewell will expire on February 23,2007. 2. Roanoke Regional Airport Commission The four-year term of Arthur M. Whittaker, Sr., will expire on February 11, 2007. :r l-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23,2007 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 January 23, 2007, 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 4, inclusive, as follows: 1. Approval of minutes - January 9, 2007 2. Request from the Sheriff's Office to accept and appropriate grant funds totaling $145,376 from the Department of Criminal Justice Services for a criminal justice record system improvement program 3. Request from the Police Department to accept and appropriate grant funds totaling $2,000 4. Acceptance of Peebles Lane, Windsor Hills Magisterial District, into the Virginia Department of Transportation Secondary System 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- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request from the Sheriff's Office to accept and appropriate grant funds totaling $145,376 from the Department of Criminal Justice Services for a criminal justice record system improvement program SUBMITTED BY: Gerald S. Holt Sheriff Elmer C. Hodge {/~ f/~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Sheriff's Office has received approval for the following grants which provide continued funds from the Department of Criminal Justice Services for a criminal justice records system improvement program: 1. Grant in the amount of $135,000. This grant requires a local match of $45,000 for a total of $180,000. Matching funds are available in the Sheriff's Office budget. 2. Grant in the amount of $10,376. This grant requires a local match of $3,459 for a total of $13,835. Matching funds are available in the Sheriff's Office budget. This program will provide funds to purchase equipment that will further upgrade or replace current the jail management system. The grants were approved by letter on December 15, 2006, and both are for a twelve month-period from January 1,_ 2007 through December 31, 2007. FISCAL IMPACT: There is no fiscal impact. Matching funds for both grants are available in the Sheriff's Office budget; therefore, no additional funding from the Board of Supervisors is required. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends acceptance and appropriation of grant funds totaling $145,376 from the Department of Criminal Justice Services for a criminal justice record system improvement program. ACTION NO. ITEM NO. 33 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request from the Police Department to accept and appropriate grant funds totaling $2,000 SUBMITTED BY: James R. Lavinder Chief of Police Elmer C. Hodge &~ /v'o/r? County Administrator ~ . APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department requests that the Board accept and appropriate the following grants: 1. An aggressive driver enforcement grant from the Division of Motor Vehicles (DMV) was approved earlier last year. After receiving the County's enforcement data, an additional $1,000 was approved by the DMV. 2. A grant from Wal-Mart in the amount of $1,000 which will be used for general crime prevention purposes. FISCAL IMPACT: No matching funds are necessary for these grants. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of grant funding in the amount of $2,000. 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: January 23, 2007 AGENDA ITEM: Acceptance of Peebles Lane, Windsor Hills Magisterial District, into the Virginia Department of Transportation secondary system SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge ~ IW County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Parsell & Zeigler General Contractors, Inc., the developer of Zeigler Downs North, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation (VDOT) requesting that they accept 0.12 mile of Peebles Lane, from the intersection with Old Mill Road (VA Sec. Rte 752) west to its cul-de-sac. The staff has inspected this road along with representatives of VDOT and finds that the road is acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: The staff recommends that the Board approve the attached resolution to VDOT requesting that they accept Peebles Lane into the secondary system. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 23TH DAY OF JANUARY, 2007 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF PEEBLES LANE, WINDSOR HILLS MAGISTERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the streets described on the attached Addition Form LA-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Diane Childers, CMC Clerk to the Board of Supervisors c: Arnold Covey, Director, Department of Community Development Virginia Department of Transportation File ~I ~ o 8 J C II> E ..c o '" :i J: lSl ~ en - o Ef'. .!~ ~(T") (/)~ ~ ... c -g "i o ~ o 41 en (lJ .c - i E ~ B .5 ,... .. ;; I/> = 0 Ii :::t :> 'll C IE: S i n. :> II) o : l j ~ ~ 0: o Ll. Q') c: o C/) z o ~ I:) I:) ~ >: "6 .. c Ii ~ "" > ! =0 E.. .g S CI) i 0 ~ II> ., f .!l GI < z; 0,11.' > Q .. ii Il CI = i :li: ...J .. 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II. ll.. ~ -g .. o .; " a c ~ ." i 1i .!i cB E " -g '5 " " o l! .. i i i ~ <l ii g c r Ii it a 'ii o 0 ] 'i "0 "0 IS II "i5 g g II a:: ~ II: ~ ,t :! l i .. ,.. .. ~ "'I; .:<: CI "J:: "0 .c :;; Oi 1 '5 a :> ., i:i Ii ..... a:: '" .... ;; " '6 Z ;; ~ ..0 a 'i c; u '6 J;; ] ffi ~ ::l; "0 :r .. o :i ~ "0 < i u.. n. o a Z " Q a !< 1: ~ ~ ~ u ffi ~ o i ~ " .9 c; ~ LU cJ \U ~ ~ .Ii I(~ _ V~CINITY.MAP NORTH .zu ~ PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION LENGTH RIGHT OF WAY Miles Feet o 12 50 ROADWAY WIDTH Feet (c to c) 30 SERVICES Houses 10 Peebles Lane - from the intersection with Old Mill Road to its cul-de-sac. , ~ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Zeigler Downs North Acceptance of Peebles Lane into the Virginia Department of Transportation Secondary System. "'-. .~ ACTION NO. ITEM NO. k-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request to schedule a work session on February 13, 2007, to discuss the new South County Library SUBMITTED BY: Diane Hyatt Chief Financial Officer Elmer C. Hodge {(-t County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Staff would like to schedule a work session on February 13, 2007, on the new South County Library. Staff has been working with the architects to define the programming needs and will have preliminary designs to discuss with the Board. In addition, staff will discuss proposed plans for the land and access, as the results of discussions with the Virginia Department of Transportation (VDOT), Department of Environmental Quality (DEQ), and the Army Corps of Engineers. rv -I 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 January 23, 2007 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 {' 11 County Administrator COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES fV-:L. 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 January 23,2007 $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 January 23, 2007 $1,049,620.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t f:l 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 January 23, 2007 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge ( Ii County Administrator ~_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 January 23, 2007 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 elf County Administrator (v _Lt $ 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: January 23, 2007 AGENDA ITEM: Accounts Paid-December 2006 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge eft County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 5,591,629.11 Payroll 12/01/06 1,132,137.27 172,203.41 1,304,340.68 Payroll 12/15/06 919,280.58 109,392.43 1,028,673.01 Payroll 12/29/06 964,551.37 115,169.66 1,079,721.03 Manual Checks 314.27 314.27 Voids (1,918.28) (1,918.28) Grand Total $ 9,002,759.82 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. ~ ~ l Q ~ 'c 'S'll .. ;; OJ- .::l: o c ~ o a: ... o ..... ... c = o U ::; -< " C> "" ~ 6 ... 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Q '" "'5 0 E .~ en ~ IlJ Cj .D Q cd 0 U 0 Q :2 IlJ 0 c:: Q ] ] Q :.J U '" E: U U-l U r-- wO E-< ~ U ::J 00 Q'\ ::E <:> Q Q Q Q ;; <:> - N 0; -= N - N M V) V r-- N 'C> M N M '" 00 - ~ N C Co 0 Co 0 Co 0 Co Co Co Co 0 Co 0 Co 0 '" ::I '" '" r-- r-- r-- r-- 00 00 00 00 00 00 00 0\ 0\ "- ~ 0 0 0 Co 0 0 0 0 Co 0 0 Co 0 0 0 ~~1 PUBLIC SAFETY CENTER BUILDING PROJECT BUDGET REPORT COUNTY OF ROANOKE, VIRGINIA Northrop-Grumman Date Description Contract Amount Contingency 12/03/04 Opening Balance $ 26,030,769 $ 780,817 01/27/05 Change Order (001 ) 21,065 (21,065) 01/27/05 Change Order (002) * 53,835 01/28/05 Progress Payment #1 (1,456,157) 02/24/05 Progress Payment #2 (403,222) 03/24/05 Progress Payment #3 (375,678) 05/13/05 Progress Payment #4 (855,272) 06/10/05 Progress Payment #5 (401,210) 06/20/05 Change Order (003) - Establish Guaranteed Maximum Price (51,387) 51,387 06/28/05 Change Order (004) - Foundation change 319,034 (319,034) 07/14/05 Progress Payment #6 (378,417) 07/27/05 Progress Payment #7 (445,669) 08/10/05 Progress Payment #8 (759,513) 08/23/05 Change Order (005) - Sewer Line Replacement 124,407 (124,407) 10/05/05 Progress Payment #9 (774,442) 10/13/05 Change Order (006) - Convert Citations and Warrants Databases no cost 10/20/05 Progress Payment #10 (664,909) 12/08/05 Progress Payment #11 (1,196,297) 12/08/05 Change Order (007) - Minor Changes to Radio Equipment no cost 12/08/05 Change Order (008) - Additional conduits for redundant 911 feed no cost Northrop-G ru mman Date Description Contract Amount Contingency 12/08/05 Change Order (009) - Regrading slope from road cut south side of Cove Road 3,737 (3,737) 12/08/05 Change Order (010) - Coordination of sewer line with Glen Cove School water line no cost 12/28/05 Progress Payment #12 (1,130,054) 01/03/06 Change Order (011) - Refrigerated storage for evidence storage 24,621 (24,621 ) 01/20/06 Change Order (012) - Modifications to voice radio transition plan (cost offset by E911 funds) 84,060 02/02/06 Progress Payment #13 (1,099,134) 03/09/06 Progress Payment #14 (1,164,468) 04/05/06 Progress Payment #15 (1,464,883) 04/18/06 Change Order (013) - Extension of 8" Fire Service Line to rear property line no cost 04/20/06 Progress Payment #16 (1,671,792) 06/01/06 Progress Payment #17 (1,307,330) 06/15/06 Progress Payment #18 (1,902,683) 06/21/06 Change Order (014) - Modifications to IT Carpet Squares, DAC ES Cards & Console Upgrades 4,823 (4,823) 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 E1FS 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 Northrop-Grumman Date Description Contract Amount Contingency 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) 01/08/07 Change Order (019) - Minor changes to wiring, outlets, fencing, landscaping, signage, etc. no cost 01/08/07 Change Order (020) - Changes to access control system to allow better remote operations from inside the building and at the vehicle gates 12,926 (12,926) Balance at January 23, 2007 $ 2,975.415 $ 232,693 . 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N-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Report of claims activity for the self-insurance program for the period ended December 31,2006 SUBMITTED BY: Robert C. Jernigan Risk Manager . ~ 11/' Elmer C. Hodge c;f'-nv-o/ ! ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the self-insurance program, Ordinance #061494-6, Section 2-86.C, attached is the fiscal year-to-date claims activity report, including the second quarter that ended December 31, 2006. Attachment A - Auto, Attachment B - General Liability. .... M 0::: UJ CD ~ 55 o tJ c. UJ UJ C 0::: en I UJ U) UJ Q I- Q en N ::J ~ 0::: .... I- Q UJ > tJ ..J Z ::J ~ -, ::J .. en UJ z l- I <C LL C ..J 0 m I- 0::: <C UJ > ..J ~ !!2 LL ~~~i~i;i:J0:1:J I'- r~~'~i I ~I . 1 I I ! 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'Q:':,.~ 25 ~ ~ (;) (,,)-<",0 ::!: ~ _ C)'.... r-- co ~ :: to o o N - .... , l"') o 0 N ",I o 0 N '" c:i c:i C"'i 0) "'" ~ [() 'E Q) E .s:: u '" :t:: c( , I----t- , Q) OJ ro a. ~ '0 ,\,~~ I..:;~~' .,~ , ~~!J I !~~i: 1 ;~~(t;. ...,:.,.~ ~a!'~\;' ~ ! 1[' j >"~~~~hi I ~i";f!l;ij :~\Iilil: I I I . :f3 , _1- I I _~:g I I tli '.....,..(0,:, 1 .,1'" , id,ffi I I ,~:'~ I i I ~.o "z I I I ~~ c( --. - -11--."'~ , " ffi 1 I '. tJ) II III ' ~,~ ~l' 1 :"~~, 1- t "1'00 ] i ~g llli' a:: I I l.~~ r-- o o ~ ~ - ~ ... -t-I 1 ACTION NO. ITEM NO. ?.., AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: SUBMITTED BY: Work session to discuss the status of the Roanoke County water and sewer system with the Western Virginia Water Authority regarding future plans for the system Elmer Hodge C~ r( e--t:~ County Administrator SUMMARY OF INFORMATION: Prior to forming the Western Virginia Water Authority (WVWA), the County had an annual process to review the expansion, improvement, and repair needs of the water and sewer lines and facilities that serve Roanoke County. When we formed the WVWA, the County retained the function of planning for future growth and development of the system located within the County, in coordination with our Community Plan. We need to once again develop an annual process to review these needs and then coordinate the execution of the plan with the WVWA. We would like to begin the discussions of this process that encompasses many issues, such as: 1. Extension of the utilities 2. Improvements and replacement of existing facilities 3. Water pressure and flow levels 4. Establishing funding through the CIP process As we discuss these issues with the WVWA, we want to develop criteria for funding through the WVWA vs. funding through the County. We will need to research how this is done in other areas that have a service authority. These processes will have an impact on other County areas, such as slope factors and fire hydrants. Gary Robertson (Executive Director of Water Operations, WVWA) will be participating in the work session, ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELDATTHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23,2007 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. R- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 23, 2007 AGENDA ITEM: Request approval and appropriation of funding in the amount of $50,000.00 from the Minor County Capital Reserve and accept and appropriate the $50,000.00 from Back Creek Fire and Rescue, Inc. to fund optional two-bay design of the Back Creek Station Addition. SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. ~ ~ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: In a previous action, Roanoke County Fire and Rescue was approved funding in the amount of $150,000.00 which was combined with $50,000.00 from Back Creek Fire and Rescue, Inc. to construct a bay addition onto the Back Creek Fire and Rescue Station. The pre-bid estimates for the total amount of the project were approximately $200,000.00. Since A & E costs in the amount of $17,378.00 have already been paid, $182,622.00 of the funds remain to complete the one-bay addition. The bids came in higher than expected due to the cost of steel and other construction expenses. The base cost for the total construction project is $199,500.00, resulting in a funding shortage of $16,878.00. In addition, the architects proposed a design option to best make use of the land available that provided for two additional bays instead of the original one bay. The overall project cost would increase by $100,000.00 if this option was selected making the total project $300,000.00 including the A & E fees. The cost analysis of this proposal provides for greater value per dollar and the opportunity to meet the needs of the station for several years to come. Once again, Back Creek Fire and Rescue, Inc. has agreed to share a portion of the additional costs. Their organization will provide $50,000.00 toward these construction costs if the two-bay option is selected. The County would be responsible for the remaining $50,000.00. FISCAL IMPACT: The total amount of the project is currently $216,878.00 for a one bay addition. Additional funding in the amount of $16,878.00 is needed to complete the project as originally proposed. If the design option to construct two bays is selected, the County would invest an additional $50,000.00 in the project and Back Creek Fire and Rescue, Inc. would commit an additional $50,000.00. To proceed with the two-bay design option and to complete the subsequent construction, an additional $50,000.00 would need to be appropriated to the Fire and Rescue Department from the Minor County Capital Reserve. In addition, the $50,000.00 from Back Creek Fire and Rescue, Inc. would need to be accepted and appropriated to the project. ALTERNATIVES: Option 1: Board approves and appropriates additional $50,000.00 in funding and accepts and appropriates $50,000.00 from Back Creek Fire and Rescue, Inc, and constructs a two-bay addition on the Back Creek Station. Option 2: Board approves and appropriates an additional $16,878.00 to meet the base cost of the bid and constructs a one-bay addition on the Back Creek Station. STAFF RECOMMENDATION: Staff recommends the approval and appropriation of funding in Option 1 in the amount of $50,000.00 and the acceptance and appropriation of the $50,000.00 commitment from Back Creek Fire and Rescue, Inc. to construct a two-bay addition on the Back Creek Station. 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: January 23, 2007 AGENDA ITEM: Public Hearing and first reading of an ordinance to amend and reenact Sections of Article II, Chapter 12 of the Roanoke County Code to eliminate the vehicle decal requirement and enact a vehicle license fee for 2008. SUBMITTED BY: F. Kevin Hutchins Treasurer Elmer C. Hodge {,t'YV'" ~~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: J~J "1t;!~ ( '1 d.,;, ~ SUMMARY OF INFORMATION: The elimination of decals is a growing trend across Virginia. To date, 37 localities have eliminated decals, and 10 localities are in the process of eliminating decals. During a work session with the Board on December 19, 2007, we discussed the elimination of the vehicle decal requirement for 2008. We have determined that the decal can be eliminated as a collection tool for the Treasurer's Office due to other proven collection sources that have been developed and utilized the past several years. We also recognized that enforcement of decals will become more costly and less effective due to the current trend in the Commonwealth toward decal elimination. Roanoke County also has a unique opportunity to eliminate the decal at an extremely low cost implication due to the HP migration project that is currently underway. It is necessary to make a decision at this time, even though it will not be implemented until 2008, because of the installation of this new software. The State Code of Virginia 946.2-752 was amended last year to allow localities the ability to add a Vehicle License Fee without having to physically issue a decal. This Code Section has been utilized by over 80% of the localities that have already eliminated their own decals. The attached ordinance covers all of the provisions necessary to enact a straight, non- prorated Vehicle License Fee. It addresses the fee structure to the residents of Roanoke County as well as exemptions and exceptions. This ordinance will require a public hearing and first reading today. The second reading of the ordinance will be on February 13, 2007. FISCAL IMPACT: This change will be revenue neutral with no budgetary implications. STAFF RECOMMENDATION: At the conclusion of the public hearing, The Treasurer's Office and staff recommend approval of the first reading of the attached ordinance. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 23, 2007 ORDINANCE AMENDING AND REENACTING SECTIONS OF ARTICLE II, COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLE AND TRAFFIC, OF THE ROANOKE COUNTY CODE TO DELETE PROVISIONS FOR VEHICLE DECALS AND TO ENACT A VEHICLE LICENSE FEE AS PERMITTED BY STATE LAW WHEREAS, Section 46.2-752 authorizes counties, as well as cities and towns, to charge a license fee on motor vehicles, trailers and semi-trailers having a situs within the jurisdiction which is in addition to any personal property tax on such vehicles or trailers; and WHEREAS, this Virginia Code section further authorizes a county to provide by ordinance that it shall be unlawful for any owner or operator of a motor vehicle, trailer or semi-trailer to fail to obtain the license represented by such license fee; and WHEREAS, this Virginia Code section further provides that a county, city or town may dispense with the requirement that a decal or other tangible evidence of a local license tax be displayed upon any licensed vehicle; and WHEREAS, the Treasurer of Roanoke County has requested the elimination of the county's vehicle decals to reduce the inconvenience to county citizens, to reduce costs of obtaining and processing decals and without a negative impact upon the collection of such license fees; and WHEREAS, adoption of amendments to the existing Roanoke County Code provisions concerning motor vehicles are necessary at this time to permit effective implementation of this license fee ordinance for the year 2008; and WHEREAS, the first reading and public hearing for this ordinance was held on January 23,2007; and the second reading was held on February 13,2007. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sec. 12-28. Levy and amount of tax; special provisions for antique vehicles; exceptions., See 12-29. Application for license and payment of tax., Sec. 12- 42. Violations; penalty., and Sec. 12-43. Duties of Treasurer., of Article II, COUNTY VEHICLE LICENSE, and Sec. 12-13. Removal and disposition of certain unattended vehicles., of Article I, IN GENERAL, of Chapter 12, MOTOR VEHICLES AND TRAFFIC of the Roanoke County Code, be amended and reenacted, and that Sec. 12-30, Proration of tax., Sec. 12-31. Refund of tax., Sec. 12-33, Issuance of decal., Sec. 12-34. Display of decal generally., Sec. 12-35. Display of expired decal., Sec. 12-36. Permitting use of decal by another., Sec. 12-37. Transfer of decal to another vehicle., and Sec. 12- 38. Duplicate or substitute decals., be repealed, as follows: Sec. 12-28. Levy and amount of tax; special provisions for antique vehicles; exceptions. (a) There is hereby levied an annual license fee ~ on every motor vehicle, trailer and semitrailer required to be licensed under this article. The annual license fee imposed by this section shall be in addition to any other county license tax or fees, including personal property tax. The amount of such t::l)( sh::lll be as set forth in the following subsections of this section. (b) On every motor vehicle, trailer and semitrailer not taxed under other subsections of this section, there shall be a fee ~ of twenty dollars ($20.00) per annum, except that the fee ~ on motorcycles shall be fifteen dollars ($15.00) per annum and the fee on a trailer designed exclusively to transport boats shall not exceed six dollars and fifty cents ($6.50). 2 (c) On e::lCh truck or trailcr thcre shall be a tax per annum according to the following schcdule: Grocs Vohicle +t:ook Trailer . . ;... ~ . ""..., ,........ 1,500 or less $20.00 $ 6.50 1,501 to 4,000 20.00 15.00 -1,001 to 6,500 25.00 20.00 6,501 to 10,000 30.00 20.00 10,001 to 20,000 40.00 20.00 20,001 to 30,000 60.00 20.00 30,001 to 40,000 70.00 20.00 40,000 and over 80.00 20.00 The fee tax tor a trailer designed exclusively to transport b03ts Sh311 not exceed six dollars and fifty cente ($6.50). (c) ~ The owner of an "antique motor vehicle," as defined and licensed in title 46.2 of the Code of Virginia, may be recognized secure a local license or decal at no charge upon filing an application for same with the treasurer and payment of a five dollar ($5.00) fee and the payment of the appropriate personal property taxes. This application shall remain valid so long as the vehicle is titled to the applicant. (d) (et The following owners of motor vehicles are hereby exempt from the annual license fee tffiE: An honorably-discharged prisoner of war, any person awarded the Medal of Honor, and any disabled veteran. Any member of the Virginia National Guard shall be entitled to be licensed a local license or decal upon the payment of a an annual license fee in the amount of one-half ( 1/2) of the license fee tffiE prescribed in this section. These exemptions shall be limited to anyone passenger vehicle, pickup or panel truck owned by an eligible person. The commissioner of the revenue shall determine eligibility based upon the criteria utilized by the commissioner of the department of motor vehicles of the Commonwealth of Virginia for the issuance of special license plates. The treasurer is hereby authorized to recognize issue a localliccnsc or decal to owners eligible under this subsection. (Code 1971, S 10-41; Ord. No. 1929,12-13-78; Ord. No. 83-99, S 1, 6-14-83; Ord. No. 84-195, 11-13-84; Ord. No. 6987-5, S 1, 6-9-87) Cross References: Taxation generally, Ch. 21. 3 See, 12-29. Application for license and payment of fee tHo Application for a license required by this article shall be made at the office of the commissioner of the revenue on forms supplied by the treasurer or commissioner of the revenue. At the time of such application, the license fee tffi(: prescribed by this article shall be paid. (Code 1971, S 10-45) Sec. 12-30. Proration of tax, \^lhenever any license tax prescribed by this article becomes assessable in any month otter the month in which the tax for the full year is assessable, the tax shall be prorated on a monthly basis, 'Nith the tax due equal to one t\velfth of the tax set out in this article multiplied by the remaining number of months in the tax year from the date of licensing of the vehicle in the applicant's name. (Code 1971, ~ 10 43) Sec. 12-31. Refund of tax. Any person holding a current county vehicle license who disposes of the vehicle for which it wac issued ::md does not purchase another vehicle may surrender the license to the county treasurer, with a statement that the vehicle for '.vhich the licence was issued has been disposed of, and request a refund for the unused portion of the tax paid under thic article. The treasurer shall refund to the applicant one half of the tax paid under this article, if application for such refund is made on or before November thirtieth of the current license year. No refund shall be made when application therefor is made after November thirtieth of the current license year. (Code 1 971, ~ 10 46; Ord. No. 84 201, 11 27 84) Sec. 12-33. Issuance of decal, Upon receipt of a proper application and payment to the license tax prescribed by this article, the county treasurer shall issue a license decal for the vehicle upon 'Nhich the tax wac paid. (Code 1971, ~ 1045) Sec. 12-34. Display of decal generally. (a) /\ license decal issued under this article sh311 be attached to 3nd displayed on the ''vindshield of the vehicle for which issued in such manner as to be clearly visible. (b) It shall be unla'Nful for any person to fail to obtain and display or to operate a motor vehicle, trailer or semi trailer required to be licensed under this article on any 4 street, highway, road or other traveled '....o.y in the oounty, unless 0. current lioen~e decal is displayed thereon as required by this section. The klct th3t the current license bx has been paid on such vehicle shall not bar prosecution for a violation of this section. ^ violation of this section Sh311 be punished by 0. fine of not less than twenty five dollars ($25.00) and not more than two hundred fifty dollars ($250.00). The owner or oper::ltor of ::lny vehicle receiving 0. p::lrking ticket or unif-orm tmffic summonc under subsection (c) m::lY p::lY a fine in the amount of twenty five dollars ($25.00) in the manner provided for in sections 12 56 and 12 57 of this Code in full satisfaction of such violation. Any '.dobtion of this section may not be discharged by p::lyment of such fine except upon precentation of satisbctory evidence th::lt the license heroin required has been obtained. (c) Each day that a vehicle ic operated without a current license dec~:t1 being dicpbyed shall be considered ::l separate offense for purposes of this section. La\\' enforcement officers in the County of Roanoke shall have authority to issue citations, summonses, parking tickets or uniform traffio summonsec to residents of and businesses located in Roanoke County in violation of this ::lrticle. (Code 1971, SS 1040,1045; Ord. No. 3342, S 1,12 11 82; Ord. No. 111186228, S 2, 11 11 86; Ord. No. 92689 12, S 1, 0 26 89; Ord. No. 22691 4, ~ 1, 2 26 01; Ord. No. 914937,3 1,9 11 93; Ord. No. 121193 5, 3 1,12 11 93) See, 12-35, Display of expired decal. It chall be unla':lful for the O'Nner of any motor vehicle, tr::liler or semitrailer to dispby upon such '.'ehicle any lioense decal of the county, after the expiration date of cuch dec::l!. ,,\ violation of thic cection shall be punished by a fine of not exceeding hventy dollars ($20.00). State Law References: I\uthority for above section, Code of Virginia, S 46.2 ~ Sec. 12-36. Permitting use of decal by another. It shall be unla\vful for any person to 'Nhom a license decal is iSGued under this article, to give, 10::ln, rent, sell, assign or transfer cuch decal to ::lnother or to otherwise permit another to use, in any manner, such decal during the license tax year f-or which the same is issued. (Code 1071, ~ 1045) Sec. 12-37. Transfer of decal to another vehicle. In the event ::lny person desires to tr::lnsfer ::lny license decal issued under the provisionc of this article to ::lnother vehicle, such percon shall m::lke application for such tr~msfer to the county treasurer, 'Nho sh::lll transfer such decal, upon the payment of ::l foe of one dollar ($1.00) or the prorated f-ee based upon weight for trucks or tr::lilers. 5 Such transf-er may occur only upon evidence of payment of all outstanding personal property taxes ,:..hich hove been properly assessed or ore assess3ble against the 3pplic::mt by the county. (Code 1971, S 10 49; Ord. No. 111186228, S 2,11 11 86) Sec. 12-38. Duplicate or substitute decals. In the event any license dec::J1 issued under the provisions of this 3rticle sholl be lost or mutibted or sholl h3ve become illegible, the person ,:..ho is entitled thereto ch311 m3ke immedbte 3pplication for 3nd obt3in 3 duplic3te or substitute deoal, upon furnishing inform3tion of such fuct satisfactory to the county tre3surer and upon payment of a fee of one dollar ($1.00). (Code 1971, S 10 47) Sec. 12-42, Violations; penalty. It shall be unlawful for any person to operate a motor vehicle, trailer or semi- trailer on any street, highway, road or other traveled way in the county unless a valid annual license fee has been paid pursuant to Sec. 12-28 of this Article or a local license decal issued by the situs jurisdiction of such vehicle is displayed thereon as required by the ordinance of such situs locality. The fact that the current license fee or tax of the situs jurisdiction has been paid on such vehicle shall not bar prosecution for a violation of this section. A violation of this section shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00). The owner or operator of any vehicle receiving a parking ticket or uniform traffic summons as provided for under subsection (c) of section 12 34 may pay a fine in the amount of twenty-five dollars ($25.00) in the manner provided for in sections 12-56 and 12-57 of this Code in full satisfaction of such violation. Any violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence that the annual license fee herein required has been paid license heroin required has been obt3ined. Any fine paid under this section shall be deposited to the credit of the general fund of the County of Roanoke, Virginia, and no accounting need be made thereof to the situs jurisdiction of such vehicle. (Ord. No. 42694-4, S 1, 4-26-94) Sec. 12-43. Duties of Treasurer. (a) The Treasurer of Roanoke County shall carry out the responsibilities imposed upon him by section 12-56 and 12-57 for all tickets issued under section 12-42, in the same manner as for all other parking tickets. At the same time as the treasurer shall send to the owner or operator of the motor vehicle the notice required by section 12-57(a), he shall forward a copy of the original ticket and such notice to the treasurer, or his equivalent counterpart, of the situs jurisdiction of such vehicle. 6 (b) The treasurer shall on an annual basis oonfer with the treasurers, or their counterp::lrts, of e::lch jurisdiction which is ::l party to the comp::lct ::luthorized by section 12 11 for the purpose of selecting a stand::lrd color or b::lckground for the vehiole decals of each participating jurisdiction. The chief Ia~.... enforcement officer of e::lch participating jurisdiction shall be consulted prior to the formal selection of a common dec:l1 oolor or b:lokground. However, the rofu S:l I by one or more juricdictions to agree to :l common dec:J1 color or background sh::lll not prohibit particip:Jtion in such comp:lct or termin:lte :lny existing comp:lct. (Ord. No. 42694-4, S 1,4-26-94) Sec, 12-13. Removal and disposition of certain unattended vehicles. (a) Whenever any motor vehicle, trailer or semitrailer is found on the public roads or highways or public grounds unattended by the owner or operator and constitutes a hazard to traffic or is parked in such manner as to be in violation of law, or whenever any motor vehicle, trailer or semitrailer is left unattended for more than ten (10) days upon any public property or privately owned property, other than the property of the owner of such motor vehicle, trailer or semitrailer, within the county, or is abandoned upon such public property or privately owned property without the permission of the owner, lessee or occupant thereof, such motor vehicle, trailer or semitrailer may be removed for safekeeping by or under the direction of a law- enforcement officer to a storage garage or area; provided, that no such vehicle shall be so removed from privately owned premises, without the written request of the owner, lessee or occupant thereof; provided further, that the owner, lessee or occupant of any private property within the county which is normally open to the public for parking shall post or cause to be posted in a conspicuous manner signs warning that vehicles left on the property for more than seventy-two hours will be towed or removed at the expense of the vehicle owner. (b) The person at whose request a motor vehicle, trailer or semitrailer is removed from privately owned property under this section shall indemnify the county against any loss or expense incurred by reason of the removal, storage or sale of such vehicle. (c) For the purposes of this section, it shall be presumed that a motor vehicle, trailer, or semitrailer is abandoned if: (1) It lacks either a current state license plate or decal, a current county lioence plate or decal, or a valid state inspection certificate or sticker; and (2) It has been at a specific location for four (4) days without being moved. 7 (d) Each removal under this section shall be reported immediately to the chief of police and notice thereof given to the owner of the motor vehicle, trailer or semitrailer as promptly as possible. The owner of such vehicle, trailer or semitrailer, before obtaining possession thereof, shall pay to the county all reasonable costs incidental to the removal, storage and locating the owner of the motor vehicle, trailer or semitrailer. (e) Should the owner fail or refuse to pay the costs referred to in subsection (d) above, or should the identity or whereabouts of such owner be unknown and unascertainable, after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the department of motor vehicles against the motor vehicle, trailer or semitrailer, the chief of police may, after holding the motor vehicle, trailer or semitrailer thirty (30) days at the impound lot of the authorized towing service and after due notice of sale, dispose of the same at public sale; provided, that if the value of such motor vehicle, trailer or semitrailer is determined by three (3) disinterested dealers or garagemen to be less than one hundred fifty dollars ($150.00), it may be disposed of by private sale or junked. (f) The chief of police shall forward the proceeds of any sale made pursuant to this section to the county treasurer. The treasurer shall pay from such proceeds the cost of removal, storage, investigation as to ownership and liens and notice of sale, and the balance of such funds shall be held by him for the owner of the motor vehicle, trailer or semitrailer and paid to such owner, upon satisfactory proof of ownership. If no claim has been made by the owner for the proceeds of such sale, the remaining funds may be deposited to the general fund or any special fund of the county. Any such owner shall be entitled to apply to the county within three (3) years from the date of such sale, and if timely application is made therefor, the county shall pay the same to the owner, without interest or other charges. No claim shall be made nor shall any suit, action or proceeding be instituted for recovery of such funds after three (3) years from the date of such sale. 2. That this ordinance shall be effective from and after the date of its adoption. 8 I-l PETITIONER: Hidden Valley Villas, LLC CASE NUMBER: 29-10/2006 Planning Commission Hearing Date: Withdrawn Board of Supervisors Hearing Date: Withdrawn 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. (Withdrawn by request of the petitioner) B. CITIZEN COMMENTS C. SUMMARY OF COMMISSION DISCUSSION D, CONDITIONS E. COMMISSION ACTION F. DISSENTING PERSPECTIVE G, ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Philip Thompson, Secretary Roanoke County Planning Commission GENTRY LOCKE RAKES & MCIDRE Attorneys at Law A Limited Liability Partnership 10 Franklin Road, S.E. 5';0.983.9300 Post Office Box 40013 Facsimile 5't0.983.9400 January 5, 2007 Roanoke. Virginia 24022,0013 Direct Dial: (540) 983-93]2 mikeJlace@gentrylocke.com www.genlrylocke.com Mr. Tim Beard Long Term Planner II Roanoke County Planning & Zoning Department Post Office Box 29800 Roanoke, Virginia 24018-0798 Re: Hidden Valley Villas, LLC, Keagy Road, Windsor Hills Magisterial District Parcell: Tax Map Numbers: 067.17-01-0 I (19.78 acres) and 067.17-01-01.0 I (2.5 acres) (Victor F. Foti, Jr.) Parcel 2: Tax Map Numbers: 067.18-02-06 (1.0 acres) and 067.18-02-05 (0.3 acre) (Earle C. and Marcelene S. Atkins) Parcel 3: Tax Map Numbers: 067.18-02-07 (0.88 acre) (Hidden Valley Villas, LLC) Dear Tim: Hidden Valley Villas, LLC, hereby withdraws its request to rezone these parcels from R-I Low Density Residential District to R-3 Medium Density Multi-Family Residential District. We appreciate your assistance with this matter and look forward to working with you on future projects, Sincerely, GENTRY LOCKE RAKES & MOORE, LLP ~~ GMP:stk Enclosures cc: Mr. James W. Thorpe Mr. Michael A. Littleton Mike Morgan, II, PE Mr. Victor F. Foti, Sr. Mr. Victor F. Foti, Jr. 12897/112081 066v 1