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HomeMy WebLinkAbout2/27/2007 - Adopted Board Records ACTION NO. A-022707-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2007 AGENDA ITEM: Consideration of a reduction in real estate tax rates and establishment of a rate to be used in advertising the public hearing on setting real estate tax rates for calendar year 2007. SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Real estate market values in Roanoke County continue to experience strong, consistent growth year after year. This growth is important as Real Estate Tax revenues comprise approximately 50% of the County's General Fund budget. While these revenues are used to fund basic services, increases in real estate values also represent a direct tax increase to property owners. As the result of the 2007 annual reassessment, assessed values in Roanoke County increased an average of 7.12% (excluding new construction) over 2006 assessments. Based on this increase, the Board of Supervisors expressed interest in lowering the real estate tax rate for 2007. The current rate is $1.11 per $100 of assessed valuation (lowered from $1.12 for 2006). State statute dictates the procedure that must be followed in order to set tax rates. To set the real estate tax rate for 2007, a public hearing on the proposed rate must be held, and notice (advertisement) published once a week for two successive weeks prior to adoption of the tax rate. The advertised rate is the maximum rate that can be adopted. While a lower rate can be adopted, a higher rate cannot be adopted without repeating the public notice and public hearing requirements. The schedule for adopting the tax rates is prepared by consulting with the Roanoke County Treasurer to ensure the adoption of the tax rate allows ample time for the Treasurer's office to program the rates, print, and mail tax bills to the citizens to comply with state statutes and guidelines of the Treasurer's Association of Virginia. The planned schedule is as follows: March 13 & 20 March 27 April 13 April 20 April 27 Advertise Tax Rates Public Hearing and Adoption of Tax Rates Run Personal Property Tax Bills Run Real Estate Tax Bills; Mail PP Bills Mail Real Estate Bills Even though the Board's intention is to reduce the 2007 real estate tax rate, it will still be necessary to advertise and hold a public hearing regarding a proposed "effective" real property tax increase. State code (58.1-3321) dictates that when reassessment of real property results in an increase of 1 % or more in the total real property tax levied, the locality shall reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than 101 % of the previous year's tax levy. This rate is known as the "reduced rate." The locality may increase the rate above the reduced rate by holding a public hearing proposing an "effective" real property tax increase. The advertisement for this public hearing shall be at least 7 days before the date of the public hearing and will be held on March 27, the same date as the public hearing on the tax rates. FISCAL IMPACT: Based of current assessments, a $0.01 reduction in the real estate tax rate would equate to a revenue loss of $730,000 for FY07-08 and a revenue loss of $352,000 for FY06-07 (current year). STAFF RECOMMENDATION: In order to satisfy state regulations, advertisement of the March 27 public hearing on 2007 tax rates must be placed by March 9 (for advertisements on March 13 and 20). Staff would like Board consensus on a "not to exceed" real estate rate that will be listed in the advertisement. 2 VOTE: Supervisor Wray motion to advertise the real estate tax rate not to exceed $1.09 per $100 of assessed valuation Motion Approved Yes No Absent Mr. Wray [g] D D Mr. Church [g] D D Mr. Altizer [g] D D Mr. Flora [g] D D Mr. McNamara [g] D D c: Brent Robertson, Director, Management & Budget Kevin Hutchins, Treasurer Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 ORDINANCE 022707-2 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 ST ATE 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, and was continued to February 27,2007. 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., Sec 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. (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 tffi( on motorcycles shall be fifteen dollars ($15.00) per annum, the fee on vehicles with a gross weight in pounds of four thousand and 2 one (4,001), or more, shall be twenty-five dollars ($25.00) and a trailer designed exclusively to transport boats shall not exceed six dollars and fifty cents ($6.50). (c) On each truck or trailer there shall be a tax per annum according to the follo'Ning schedule: Gross Vehicle +Fook Trailer . .. :.... ~ . ". ............... 1 ,500 or less $20.00 $ 6.50 1.501 to 1,000 20.00 15.00 1,001 to 6,500 25.00 20.00 6,601 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 -10,000 70.00 20.00 -10,000 and over 80.00 20.00 The fee tax for a troilor designed exclusively to transport boots sholl not exceed six dollarE: and fifty cents ($6.50). (c) {Gj 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 ]oc~t11icon&G or decal at no charge upon filing an application for same with the treasurer and payment of a five dollar ($5.00) fee and the payment of the appropriate personal property taxes. This application shall remain valid so long as the vehicle is titled to the applicant. (d) (ej The following owners of motor vehicles are hereby exempt from the annual license fee tIDE: An honorably-discharged prisoner of war, any p~rson awarded the Medal of Honor, and any disabled veteran. Any member of the Virginia National Guard shall be entitled to be licensed 3 locallicensa or dec31 upon the payment of a an annual license fee in the amount of one-half ( 1/2) of the license fee tffiE prescribed in this section. These exemptions shall be limited to anyone passenger vehiCle, pickup or panel truck owned by an eligible person. The commissioner of the revenue shall determine eligibility based upon the criteria utilized by the commissioner of the department of motor vehicles of the Commonwealth of Virginia for the issuance of special license plate&. The treasurer is hereby authorized to recognize issuo :I 10031 lioonse or decal to owners eligible under this subsection. (Code 1971, 9 10-41; Ord. No. 1929, 12-13-78; Ord. No. 83-99,9 1,6-14-83; Ord. No. 84-195, 11-13-84; Ord. No. 6987-5, 9 1, 6-9-87) Cross References: Taxation generally, Ch. 21. 3 Sec. 12-29. Application for license and payment of fee tax. Application for a license required by this article shall be made at the office of the commissioner of the revenue on forms supplied by the treasurer or commissioner of the revenue. At the time of such application, the license fee ~ prescribed by this article shall be paid. A license fee of one dollar ($ 1.00) shall be paid for a license for a vehicle which replaces a vehicle currently licensed in Roanoke County which has been sold or disposed of within sixty (60) days of the application for such new license upon the presentation of adequate written proof of sale or disposal of the currently licensed vehicle. (Code 1971, 9 10-45) Sec. 12-30. Proration of tax. 'Nhenever any license tax prescribed by this :lrticle becomes assess:lble in any month after the. month in which tho tax for tho full year is assessoble, .h.c t3X chall be pror3tcd on a monthly b<lsis, wLth the t3X duo aqual to ono tv/elflh of tho t3X ~ot out in thIs articte multiplied by the remaining number of months in the tax y-ear from the date of licensing oftho \'ohicte in the applicant's name. (Code 1971, ~ 10 43) Sec. 12-31. Refund of tax. ^ny person holding :J. current county vehicle license who disposes of the vehicle for which it was issued and does not purchase another \fehicle may surrender the license to the county treasurer, \&..ith a st:J.temont that tho vehicle (-or 'Nhioh tho lioen~e 'Nas issued hOB been disposed of, and request a refund for the unused portion of the tax p:J.id under this article. Tho treasurer shall refund to the applicant one half of tho tox paid under this article, if application for such refund is made on or bofore N(}vember thirtieth of the ourrent license year. No refund shall be made when application therefor is m:3de :J.f.ter November thirtieth of the current license year. (Code 1971, ~ 10 46; Ord. No. 81201,11 2784) Sec. 12-33. Issuance of decal. Upon receipt of :3 proper :J.pplioation :md payment to the license t:lX proscribed by this article, the county treasurer shall issue a license decal for the vchicle upon which the tax was paid. (Code 1971, ~ 10 15) 4 Sec. 12-34. Display of decal generally. (a) ^ license decal issued under this 3rticle shall be attaohed to and dispbyed on the '.vindshield of the vehicle for INhich issued in suoh manner 3S to be ole~:trly visible. (b) It shall be unla'.vful for any person to fail to obtain and dieplay or to operate 3 motor vehicle, trailer or semi trailer required to be liconsod under this article on any street, highway, road or other traveled way in the county, unless a current license decal is displayed thereon as required by this section. The fact that the ourrent lioense t3X has been paid on such vehiole shall not b:3r prosecution for :3 viol:3tion of this section. /\ viol:3tion of this section sh:311 be punished by :3 fine of not lese th:3n twenty five dollars ($25.00) ::md not more th3n two hundred fifty dollars ($250.00). The owner or operator of :3ny vehicle reoeiving a parking ticket or uniform tr:3ffic summons under subsection (0) m:3Y pay :J. fine in the :3mount of twenty five doll3rs ($25.00) in the m~mner provided for in sections 12 56 :J.nd 12 57 of this Code in full satisf:J.ction of such violation. ,A,ny violation of this section may not be discharged by payment of such fine except upon presentation of satisfactory evidence th:3t the lioense herein required h:3S been obt:J.ined. (c) Each day that a vchicle is opcrated without a current license decal being displayed shall be considered a separate offense for purposes of this section. La'.\' enf{)roement offioers in the County of RO:J.noke sh:311 have authority to issue citatione, summonses, p:J.rking tickets or uniform traffic summonses to residents of and businesses located in Roanoke County in violation of this article. (Code 1971, ~~ 1040,1015; Ord. No. 33'12, ~ 1, 12 14 82; Ord. No. 111186 228, ~ 2, 11 11 86; Ord. No. 92689 12, ~ 1, 9 26 89; Ord. No. 22691 1, ~ 1, 2 26 91; Ord. No. 91493 7, ~ 1, 9 14 93; Ord. No. 121493 5, ~ 1, 12 1493) Sec. 12-35. Display of expired decal. It shall be unl~Vlful for tho owner of :3ny motor '.'ohrclo, tr3ilor or semitrailer to display upon &u,*, '!ehicle any ticense decaf of the county, ~fter the expiration date of such decaf. ,If, '...,oration of this section shalf be punished by 3 fine of not exceeding tv'JentY doJbrc ($20.00). State La,>> References: Authority for :3bove section, Code of Virginia, ~ 46.2 ~ Sec. 12-36. Permitting use of decaf by another. It shall be unla'JRul for :J.ny person to whom :J. licem:e dec:31 is issued under this article, to give, loan, rent, sell, assign or tr:3nsfer such decal to anothor or to otherwise permit 3nother to uee, in any manner, suoh decal during the license tax year for '.vhich the sarno ie iesued. (Code 1971, ~ 10 45) 5 Sec. 12-37. Transfer of decal to another vehicle. In the event ::my person desires to transfer any license decal issued under the provisions of this article to another vehiole, suoh person shall make applioation for such transfer to the county treasurer, who shall transfer such decal, upon the payment of a fee of one dollar ($1.00) or the prorated fee based upon 'Neight for trucks or trailers. Such transfer may occur only upon evidenoe of payment of all outstanding personal property taxes 'Nhich have boon properly assessed or are assessable against the applicant by the county. (Code 1971, ~ 10 19; Ord. No. 111186 228, ~ 2, 11 11 86) Sec. 12-38. Duplicate or substitute decals. In the event any license decal issued under the provisions of this article shall be lost or mutilated or shall have become illegible, the person who is entitled thereto shall make immediate applioation for and obtain a duplioate or substitute decal, upon furnishing information of such fact satisfactory to the county treasurer and upon payment of a fee of one dolk:tr ($1.00). (Code 1971, ~ 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 prQvided 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 Cooe 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 licenEo herein required hac been obtained. 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 thEHeof to the situs jurisdiction of such vehicle. (Ord. No. 42694-4, S 1, 4-26-94) Sec. 12-43. Duties of Treasurer. 6 (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. (b) The treasurer shall on an annual basis confer v.'ith the treasurers, or their counterp::uts, of eaoh jurisdiotion which is a party to the oompact authorized by section 12 41 for the purpose of selecting a st3nd~ud color or background f-or tho vehicle decals of each p3rticip3ting jurisdiction. Tho chief law enforcement officor of e3ch p3rticipating jurisdiction sh311 be consulted prior to the formal selection of a common dcc31 color or b3okground. HO\ve\'er, the refusal by one or more jurisdictions to agree to a common deoal color or background sh31l' not prohibit participation in such compact or terminate 3ny existing oomp3ct. (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 safe of such vehicle. (c) For the purposes of this section, it shall be presumed that a motor vehicle, trailer, or semitrailer is abandoned if: 7 (1) It lacks either a current state license plate or decal, 3 current county license 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. (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 on and after January 1, 2008. fFem and after the date of its 3doption. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: 8 AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TESTE: ~~. tJu~ Brenda J. Holan, CMC Deputy Clerk to the Board of Supervisors cc: File Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court . Doris J. Johnson, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Kozuo Webb Main library, Diana Rosapepe Ray lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 RoanOke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chambliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnofd Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Janet Scheid, Chief Planner 9 Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation F. Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 10 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 RESOLUTION 022707-3 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for February 27,2007, 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 7, inclusive, as follows: 1. Approval of minutes - January 27, 2007, and February 13, 2007 2. Confirmation of committee appointment 3. Acceptance of Edgefield Circle, a portion of Edgefield Drive, and the remaining portion of Fountain Lane into the Virginia Department of Transportation Secondary System 4. Request from the Fire and Rescue Department to accept and appropriate a grant from the Virginia Department of Fire Programs in the amount of $8,000 for a portable fire extinguisher training simulator 5. Request from the Police Department to accept and appropriate a grant from the Department of Criminal Justice Services in the amount of $38,494 for the Violent Crimes Against Women Unit. 6 Request from the Police Department to accept and appropriate grant from State Farm Insurance in the amount of $5,500 for an enclosed car trailer and winch 7. Request to appropriate technology trust funds in the amount of $115,555 from the state to the Clerk of the Circuit Court for fiscal year 2006-2007 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. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COPY TESTE: ~@"~ Brenda J. Ho on, CMC Deputy Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Teresa Becher, Transportation Engineering Manager Rebecca Owens, Director, Finance Ray Lavinder, Chief, Police Lt. David McMillan, Grant Coordinator Rick Burch, Chief, Fire & Rescue Steven McGraw, Clerk, Circuit Court Brent Robertson, Director, Management & Budget 2 ACTION NO. A-022707 -3.a ITEM NO. J-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27,2007 AGENDA ITEM: Confirmation of committee appointments SUBMITTED BY: Diane S. Childers, CMC Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Grievance Panel The three-year term of Karen Ewell expired on February 23, 2007. Ms. Ewell is no longer a resident of Roanoke County and is therefore not eligible for reappointment. Following discussion in closed session on February 13, the Board requested that Joanne Thompson, alternate member, be appointed to fill this vacancy. Ms. Thompson has advised that she is willing to serve in this capacity for a three-year term that will expire on February 23,2010. Confirmation of this appointment has been placed on the consent agenda. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray [g] D D Mr. Church [g] D D Mr. Altizer [g] D D Mr. Flora [g] D D Mr. McNamara [g] D D c: Grievance Panel File 2 THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, IN REGULAR MEETING ON THE 27'h DAY OF FEBRUARY, 2007 ADOPTED THE FOLLOWING: RESOLUTION 022707 -3.b REQUESTING ACCEPTANCE OF EDGEFIELD CIRCLE, A PORTION OF EDGEFIELD DRIVE AND THE REMAINING PORTION OF FOUNTAIN LANE 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 ~33.1-229, 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. . Moved by: Seconded by: Yeas: Nays: Supervisor Altizer None Required Supervisors Wray, Church, Altizer, Flora, McNamara None A Copy Teste: ~~.~ Brenda J. Hol n, CMC - Deputy Clerk Roanoke County Board of Supervisors cc: Virginia Department of Transportation Arnold Covey, Director, Community Development Teresa Becher, Transportation Engineering Manager I hereby certify that the foregoing is a true and correct copy of Resolution 022707 -3.b adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, February 27,2007. ~q.~ Brenda J. Holton, Deputy Clerk 2 ~>r \.~ ~~... rcu,u.. ~~"'~ LJlNt ,-0_. ~...~ 10 \/INION =-===~,"' 4 ~ 10 S:EWMfS IIIUl' VICfNITY fY1AP NORTH CUI .... - / .'/_ "'J:~ .... 1lI lllla . / , a.1I:.oe ~ I II Sf> <I' I!il ~;., / "\.oI~ , .....~. ~ I?i. lllll1 '1M" " .3~ . ~~I- " - oi The Hills of Spring Grove PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houliies 016 36 50 14 Fountain lane - from the intersection of Meadow S rin s Circle to the Intersection of Ed e1ield Drive. Edgefield Drive - from intersection with Fountain lane to the intersectkln of Ed efield Circle. Edgefield Cirde - from the intersection with Edgefield Drive to its cul-de.sac. 0.09 28 40 5 011 28 40 15 , ROANOKE CO UN rv DEPARTMENT OF cOMMUNrry DEVELOPMENT Edgetleld, Section I Acceptance of Edgdicld Circle: a portion of Edgefield Drive and the remaining portion of Fountain Lane into the Virginia DeparlmenL ofT ransportation Secondary System ~' ~ .~ CI.l ::E v =! S ~I tI) -= 4-< ~ o ofi S :3 v < ..... CI.l tI) I cd '1:1 ~ -i::i 8 1il v 0 tI) v ;S o - tI) t: Z .. o E _ .5 ~ ~ - >-. o ~ ~ ~ o ~ l;I) I:: o 52 .... :i ....... '0 ~ ~ C-4 ~ I E < ~ tI) V") .... I 0 < l ....J ell ~~ o .b ~ a .. tI) c: Z ~ o ~ ~ ~ - .2 o c: ~ ~ '" ~ < V') <( ....J J: ~~.1';I!l:"KD.;r.;.,.:.1. c: -_..._~._"'~. 1 o .. ..~,.. R ~ - ....~I- = ~...-..~..t,. ~ .. ;.&:l.!! = DiJi: .I :; 1:1 ~ .- "C II,! 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II)~ "S ~ ClI) ..... -aU tu M I"') a .. DIJ (; a.. ~ N .:.i o Co = i .. ~~ "<t i l:l. .:.: o a = ii it '" ~ .. CI ~ ~ o ~ a: .. _ E ... .. e 0 ii:c..f- ~ If a.. .. V"I[ ; a Cl.o .:.i o Co = - n it 'u a 1l 1! ; ell: .. ;; ~ 0 ii:~f- \oQ .:c o o = ~ c e 'a 'a ~ Ji ill. .!!! ;: ~ ij ~ ... o .s o ... = c; ~ ... :a:: ~ :a '" v .. ~ B ~ "" S .. c i! >. ~ ~ = 0 .. ~ i: ;;; ~ u '" v >. ~ .... o -5 '0: '- o -S 'a ~ ... ... ll: .. ~ co Cl ~ .. 'l:l ... 3 .. c:r:: .. ... Ei n GI e 0 i5: c.. f-o r- 10 1"'1 o .. llIl If ~ :!! ft 'S t-o '0 .. 1 e,:, ~ o ~ E-t zoo ~~ :?1'l:l ~ .. == .~ ul <- ~J ~5! 0;:1 'a Zli O~ I=:a <~ u.. ....5 ~" ~~ O!:e ~~ u~ III ~ ACTION NO. A-022707-3.c ITEM NO. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2007 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate a grant from the Virginia Department of Fire Programs in the amount of $8,000 for a portable fire extinguisher training simulator 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: The Virginia Department of Fire Programs has awarded the Fire and Rescue Department a training grant in the amount of $8,000 to purchase a Portable Fire Extinguisher Training Simulator. These funds will be utilized by Fire and Rescue for this purchase and no match is required. FISCAL IMPACT: The department will follow purchasing guidelines to select and purchase this equipment. No match is required. ALTERNATIVES: The department will not be able to purchase the training simulator. STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of the funds in the amount of $8,000 into the Fire and Rescue Department's budget. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray [g] D D Mr. Church ~ D D Mr. Altizer [g] D D Mr. Flora [g] D D Mr. McNamara [g] D D c: Rick Burch, Chief, Fire & Rescue Rebecca Owens, Director, Finance 2 ACTION NO. A-022707 -3.d ITEM NO. J-5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2007 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant from the Department of Criminal Justice Services in the amount of $38,494 for the Violent Crimes Against Women Unit SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Violent Crimes Against Women Unit consists of a full time detective who is dedicated to investigating crimes of violence perpetrated against women. The Violent Crimes Against Women Unit has been in existence since 1997, and has been supported by this grant since its inception. The major areas of investigation are domestic assault, sexual assaults, stalking, threats, and rape. This grant cycle begins on January 1, 2007, and expires on December 31,2007. FISCAL IMPACT: The grant requires a local match of $23,923. The local match will be provided from existing Police Department funds. ALTERNATIVES: None. STAFF RECOMMENDATION: Staff recommends acceptance ofthe Department of Criminal Justice Services grant in the amount of $38,494. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray [g] D D Mr. Church [g] D D Mr. Altizer [g] D D Mr. Flora [g] D D Mr. McNamara [g] D D c: Ray Lavinder, Chief, Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance 2 ACTION NO. A-022707-3.e ITEM NO. J-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2007 AGENDA ITEM: Request from the Police Department to accept and appropriate a grant from State Farm Insurance in the amount of $5,500 for an enclosed car trailer and winch SUBMITTED BY: James R. Lavinder Chief of Police APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Police Department has been awarded a grant from State Farm Insurance in the amount of $5,500. This grant will be used to purchase an enclosed car trailer and winch. The trailer will be used to transport a small crashed vehicle and will be donated by State Farm Insurance with no associated costs incurred by Roanoke County. The car will be used by the Blue Ridge Regional Crash Team to help facilitate traffic safety presentations throughout the jurisdictions represented by the Blue Ridge Regional Transportation Safety Board. No matching funds are needed. FISCAL IMPACT: None. No matching funds will be needed. ALTERNATIVES: None. STAFF RECOMMENDATION: Staff recommends acceptance of the State Farm Insurance grant in the amount of $5,500. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray [g] D D Mr. Church [g] D D Mr. Altizer [g] D D Mr. Flora ~ D D Mr. McNamara [g] D D c: Ray Lavinder, Chief, Police Lt. David McMillan, Grant Coordinator Rebecca Owens, Director, Finance 2 ACTION NO. A-022707-3.f ITEM NO. J-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: February 27, 2007 AGENDA ITEM: Request to appropriate technology trust funds in the amount of $115,555 from the state to the Clerk of the Circuit Court for fiscal year 2006-2007 SUBMITTED BY: Brent Robertson Director of Management and Budget APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Technology Trust Funds, representing fees collected by the Roanoke County Circuit Court Clerk's office, have been received from the State in the amount of $115,555. These funds have been earmarked for the purpose of purchasing software, hardware, maintenance, and related upgrades to the indexing software utilized by the Courts. These funds need to be appropriated to the Clerk of Circuit Court so that the necessary computers and equipment can be purchased. FISCAL IMPACT: No fiscal impact -- 100% state funds STAFF RECOMMENDATION: Staff recommends appropriating technology trust funds in the amount of $115,555 from the state to the Clerk of Circuit Court for fiscal year 2006-2007. VOTE: Supervisor Altizer motion to approve staff recommendation Motion Approved Yes No Absent Mr. Wray ~ D D Mr. Church [g] D D Mr. Altizer ~ D D Mr. Flora [g] D D Mr. McNamara [g] D D c: Brent Robertson, Director, Management & Budget Steven McGraw, Clerk, Circuit Court Rebecca Owens, Director, Finance 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 RESOLUTION 022707-4 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COPY TESTE: ~""~ Brenda J. Holt n, CMC Deputy Clerk to the Board of Supervisors AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 RESOLUTION 022707-5 OF CONGRATULATIONS TO THE GLENVAR HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP A CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Glenvar Highlanders Volleyball Team won their first State Group A Championship on November 18, 2006; and WHEREAS, the Highlanders were undefeated throughout the season with a record of 28 wins; and won 84 of the 87 games the team played in 2006; and WHEREAS, the Highlanders were undefeated in the post season winning all eight of their matches in the Three Rivers District, Region C, and Group A state tournaments; and WHEREAS, in addition to the accomplishments of the team, Anna Gustafson was named State Group A Player of the Year and to the All-State First Team, and Lara McDonald was named to the All-State First Team; and WHEREAS, the Highlanders are coached by Coach Mark Rohrback, who was named State Group A Coach of the Year, Region Coach of the Year, and District Coach of the Year. NOW, THEREFORE, BE IT RESOLVED, thatthe Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the GLENVAR HIGHLANDERS VOLLEYBALL TEAM: Meredith Buckley, Anna Gustafson, Kelley Knoebel, Lara McDonald, Casey Moore, Jessie Moore, Ashley Owen, Liz Trinchere, Kara Turner, and Courtney Webb for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TESTE: ~Q.~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27, 2007 RESOLUTION 022707-6 OF CONGRATULATIONS TO THE CAVE SPRING HIGH SCHOOL VOLLEYBALL TEAM FOR WINNING THE STATE GROUP AA CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County, teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Cave Spring Knights Volleyball Team won the State Group AA Championship on November 18, 2006, for the second consecutive year making this their fourth championship in five years; and WHEREAS, the Knights' record for 2006 is 27 wins and 1 loss, and their over-all record for the past five years is 134 wins and 7 losses; and WHEREAS, in addition to the accomplishments of the team, Jennifer Harvey was named Group AA Player of the Year and to the All-State First Team; and WHEREAS, the Knights are coached by Head Varsity Coach Tamalyn Tanis who was named Coach of the Year for the third time and Assistant Varsity Coach Mark Tanis, Junior Varsity Coach Keesha Meek, and Assistant Junior Varsity Coach Mike Wiegand. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the CAVE SPRING KNIGHTS VOLLEYBALL TEAM: Lauren Bosche', Piper Hagan, Jennifer Harvey, Katherine Jetton, Jocelyn Kellinger, Kelsey Kerr, Kelsey Largen, Allyson Paone, Maggie Wagner, Meredith Walker, Emily White, and Taylor Yarber, for their athletic ability, their commitment, and their team spirit; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None A COPY TESTE: ~~;n,~ Deputy Clerk to the Board of Supervisors 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 RESOLUTION 022707-7 OF CONGRATULATIONS TO WILLIAM BYRD HIGH SCHOOL CHEERLEAOING COMPETITION TEAM FOR WINNING THE GROUP AA STATE CHEERLEADING CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship and athletic skill; and WHEREAS, teamwork is essential in the sport of cheerleading with each member contributing to the success of the team; and WHEREAS, the William Byrd High School Cheerleading Competition Team is comprised of members of both the Junior Varsity and Varsity squads who are judged and selected for membership on the competition team; and WHEREAS, the competition team won the Group AA state cheerleading championship on November 11, 2006, for the second consecutive year, and dominated the final round of competition by scoring 296 points out of a possible 300; and WHEREAS, the competition team has won four state championships in the past six years; and WHEREAS, the team is coached by Competition Coach Monica West, Head Coach Jessica Wheeler, and Assistant Coach Marcia Patterson. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to the members of the WILLIAM BYRD HIGH SCHOOL CHEERLEADING COMPETITION TEAM: Hannah Angel, Lindsey Booth, Jared Brammer, Amber Cannaday, Courtney Canterbury, Jordan Eddy, MolIi Flowers, Samantha Hayden, Ashley Lester, Catherine Lyon, Meghan Morris, Jordan Mullen, Kylee Mycock, Morgan Nicely, Sam Nolen, Pamella PalmerJ Alisha Penton, Ashley Simmons, Alisha Smith, Kayla Smith, Stephanie Thomas, Taylor Tran, Kara Turner, Holly Walker, and Morgan Wills for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TESTE: ~9,~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, FEBRUARY 27,2007 ORDINANCE 022707-8 TO REZONE 10.363 ACRES LOCATED AT 3804 STERLING ROAD FROM AG-3, AGRICUL TURAURURAL PRESERVE, TO PRD, PLANNED RESIDENTIAL DISTRICT AND TO AMEND THE PRD MASTERPLAN ON THE ADJACENT 94.229 ACRES, TO CONSTRUCT A PLANNED RESIDENTIAL COMMUNITY ON THE ENTIRE 104.455 ACRE PARCEL LOCATED AT 3804,3672, AND 3796 STERLING ROAD (TAX MAP NOS. 89.00-3-5,89.00- 3-12 AND 89.00-3-6), VINTON MAGISTERIAL DISTRICT UPON THE APPLICATION OF LOBLOLLY MILL, LLC WHEREAS, by Ordinance 42506-6, a certain tract of real estate containing 94.229 acres located at 3672 Sterling Road and in the 3800 block of Sterling Road (Tax Map Numbers 89.00-3-12 and 89.00-3-6) in the Vinton Magisterial District, was rezoned to the zoning classification of PRD, Planned Residential Development District. WHEREAS, at that time the owner of the property voluntarily proffered in writing conditions which are made a part of and incorporated by reference and which were set out in detail in the attached Exhibit A attached to Ordinance 42506-6 and entitled "The Planning and Design Documents for Loblolly Mill - A Planned Residential Community, Roanoke County, VA, Vinton Magisterial District, prepared for Loblolly Mill, LLC, 119 Norfolk Ave., Roanoke, VA 24011, prepared by Balzer and Associates, Inc., Roanoke, VA, Project #R0500414.00, dated January 18, 2006, revised April 17, 2006" which the Board of Supervisors of Roanoke County, Virginia, accepted. WHEREAS, Loblolly Mill, LLC has petitioned the County to rezone 10.363 acres in order to incorporate this parcel into the existing PRD. WHEREAS, the first reading of this ordinance was held on January 23,2007, and the second reading and public hearing were held February 27,2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on February 6, 2007; 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 10.363 acres, as described herein, and located at 3804 Sterling Road (Tax Map Numbers 89.00-3-5) in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural Preserve District, to the zoning classification of PRD, Planned Residential Development District. 2. That this action is taken upon the application of Loblolly Mill, LLC. 3. That the owner of the entire 104.455 parcel has voluntarily proffered in writing conditions which are made a part hereof and incorporated herein by reference and which are set out in detail in the attached Exhibit A entitled "The Planning and Design Documents for Loblolly Mill - A Planned Residential Community, Roanoke County, VA, Vinton Magisterial District, Prepared for Loblolly Mill, LLC, 119 Norfolk Ave., Roanoke, VA 24011, Prepared by Balzer and Associates, Inc., Roanoke, VA, Project #R0500414.00, dated January 18, 2006, revised April 17, 2006, amended January 10,2007, revised February 9, 2007" which the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 2 4. That said real estate is more fully described as follows: Tax Map No. 89.00-03-5 - 10.363 acres 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" (PB 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 N. 12044' 44" E. 62.88 feet to a point; thence N. 040 07' 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 N. 220 33' 49" E. 157.07 feet to a point; thence N. 41031' 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 N. 600 48' 45" E. 252.82 feet to a point at the northwesterly corner of N/F Dean Roger Turner; thence leaving said right-of-way line and continuing with the westerly line of said Turner property the following S. 710 24' 00" E. 101.00 feet to a point; thence S. 640 45' 00" E. 144.20 feet to a point; thence S. 760 00' 00" E. 112.00 feet to a point on the westerly line of N/F Loblolly Mill, LLC; thence leaving the line of said Turner property and continuing along the westerly line of said Loblolly property the following: S. 540 34' 41" W. 393.94 feetto a point; thence S. 180 40' 14" E. 307.26 feet to a point; thence S. 130 12' 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: N. 750 54' 22" W. 371.26 feet to a point; thence N. 760 03' 30" W. 189.97 feet to a point; thence N. 760 32' 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 Roanoke County Circuit Court Clerk's Office. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: 3 AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TESTE: ~~.~ Brenda J. Halon, CMC Deputy Clerk to the Board of Supervisors cc: Arnold Covey, Director, Community Development T arek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 4 EXHIBIT A Planning and Design Documents for: LOBLOLL Y 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 # R05004l4.00 Date: January 18, 2006 Revised: April 17, 2006 Amended: January 10, 2007 Revised: February 9,2007 Balzer and Associates I lJALZEQ III 1ItE:""'tCTINCTO"'OR~OW Table of Contents: I. Table of Contents Page 2 II. Introduction Page 3 III. Vicinity Map Page 4 IV. Site Summary Page 5 V. Site Photographs Page 7 VI. Site Design Guidelines Page 9 VII. Architectural Requirements Page 13 VIII. Proffer Statement Page 14 IX. Adjacent Property Owners Page 15 X. Site Maps Page 17 Balzer and Associates 2 LOBLOLLY MILL DESIGN GUIDLINES INTRODUCTION Loblolly Mill is a proposed 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 surmnary, 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: Balzer and Associates 4 LOBLOLLY MILL DESI GN GUIDELINES SITE SUMMARY Site Data The site consists of tax parcel #'s 89.00-03-06 (3.809ac. zoned PRD) and 89.00- 03-12 (90.42 ac. zoned PRD) and 89.00-03-05 (10.363 ac zoned AG-3). The total site area is 104.455 acres. Zoning Ordinance Compliance The proposed development is in compliance with the Roanoke County Zoning Ordinance. Loblolly Mill furthers the intent of the AG-3 AgriculturallRural 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 Commlli1ity 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 MOlli1t Pleasant area and its residents. Balzer and Associates 5 Existing Conditions The site is comprised of a series of wooded knolls that border the property. The knolls are focused centrally on a 1.75 acre pond. Slopes on the property range from 2% to 50%,and the elevations range from 892 to 1100 feet. A network of streams filter between the knolls and ultimately drain to Turner Branch. Turner Branch runs west to east through the property. The setting that is created by these natural features is one that feels completely isolated from any adjoining property. An historic covered bridge and grist mill are located on Turner Branch in the northwest portion of the property. Both of these structures will be restored, preserved and incorporated into this development. There are two existing residences on site that will be removed with this development Adjacent Properties Adjacent properties are a combination of single family residential and undeveloped property which are mostly wooded acreage tracts. All adjacent property is zoned AG-3 or PRD. Utilities Water and Sewer will be provided through individual well and septic systems. Access/Traffic Access to the property from Sterling Road will be located on tax parcel # 89.00- 03-06. The development may generate up to 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 1.75 ACRE POND EXISTI NG COVERED BRIDGE AND MILL HOUSE EXISTING COVERED BRIDGE. BROUGHT TO THE SITE IN 1979 EXISTING MILL HOUSE - OPERATION UNTIL 1959 LOBLOLLY MILL DESIGN GUIDELINES Site Desif!D 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. Roanoke County is not obligated to provide trash and bulk services on private streets. If Roanoke County does not provide these services, the homeowner's association shall be responsible for bulk and trash services. 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 Balzer and Associates 9 dock. All of these amenities will be maintained and owned by the homeowners association. 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. No disturbance other than trail or picnic area construction shall occur in the areas designated as "open space and conservation/recreation easements. II 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 ofthe 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 shoulders will be constructed with a gravel base. The minimum pavement section will be 8" base stone with a 2" SM 9.5 asphalt surface. All roads will be designed with a minimum centerline radius of 95 feet and a maximum road grade of 16%. The minimum paved radius for any cul-de-sac will be 40'and "no parking" signage or other method to guarantee no parking on the cul-de-sac will be provided. If the radii of the cul-de-sac's are increased to 45 feet, parking will be permitted in the cul-de-sac Private Shared Driveways Any shared driveway will be a minimum of 14 feet wide with 2 foot gravel base shoulders. The driveways will be a minimum of 8" stone base with 2" of 8M 9.5 asphalt surface. Balzer and Associates ] 0 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 minimwn of 4 feet wide. 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. All signage will be monument style and will be incorporated into the design of the entrance. The maximum height for signs shall be six feet and will conform to all Roanoke County zoning ordinance regulations. The general design will be such that it incorporates natural materials and the mountain village theme into the design. No backlighting of the sign will be permitted. Planting Area 'A' Additional plantings will be provided in the area between the proposed entrance and the existing tree line limits behind lot 32. The area will be planted with two rows of evergreen trees (min. 6' height), as well as thirty additional deciduous trees per acre of planting area. The minimum caliper size for these trees will be 1.5". Planting Area 'B' Additional p1antings along the western property line of Lot 31. The area will be planted with two rows of evergreen trees (min. 6' height). If the existing trees are removed between lot 31 and the proposed entrance due to the construction of the road then the area shall be replanted with a minimum of 30 trees per acre. The minimum caliper size for these trees will be 1.5". 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 zoning administrator. 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. Balzer and Associates II Minimum Building Size The minimum building size shall be 3,000 sf. Maximum Building Height The maximum building height will be 45 ft. 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 intemallot. The minimum rear setback will be 10 feet from any internal lot. The minimum setback from any adjoining owners property line or from any public right-of-way will be 35 feet. Density No more than thirty four (34) homes will be constructed on the Property as shown on the Master Plan. 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 that 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. Balzer and Associates 12 Trash Collection Trash collection will be individual can pick up and will be collected internally within the development. Trash pick up will not be allowed along Sterling Road. No cans or collection areas will be allowed along Sterling Road. At the time of site plan approval, Roanoke County General Services will determine if they will provide trash pickup. It is understood that Roanoke County is not obligated to provide trash services to this development. If Roanoke County does not provide trash pick up then trash collection will be provided by a private vendor at the expense of the homeowners association. 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. The hydrant location and design will be approved by the Roanoke County Fire Marshall prior to installation. Any additional fire protection items, including but not limited to access, shoulders or additional hydrants will installed per the Roanoke County Fire Marshall's requirements at the time of site plan approval. Retaining Walls All retaining walls will be designed to Roanoke County standards and the drawings will be stamped and signed by a professional engineer. Development Schedule The intent of this project is to disturb as little as possible. Therefore, the developer will initially only install the roads, shared driveways and develop the amenities. The lots will be developed as they are sold so that only the trees required for the construction of each house and drain field will be removed. Balzer and Associates 13 Loblollv Mill Architectural Requirements This project will be developed and then the lots will be offered for sale. The following information will serve as guidelines for the architectural styling of each home. Architectural Review Board: A review committee shall be established to review and approve any and all improvements on the lots to maintain harmony with other improvements and to reject proposed improvements that would otherwise adversely affect the atmosphere and values of the development. This would include review and approval of all house plans, elevations and exterior colors. .~ ~ , .- Exterior Materials: All exterior siding material shall be wood, synthetic wood, brick and or stone. All roofing material will be either metal standing seam roof, natural shingles or architectural asphalt shingles. Colors: All exterior colors will be per the 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: All Accessory structures will be reviewed and approved by the Architectural Review Board Prior to installation and/or construction. All accessory structures will be constructed to match the primary residence on each site. Balzer and Associates 14 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 Corrununity" prepared by Balzer and Associates, Inc., dated January 18,2006, revised ApriI1?, 2006, amended J~~:'lry 10, 2007S' an~{}2last :eyiS~_ ;abruary 9::70 D ed 2 (2 """).. Igne '.. ~:---- at:.. U7 Owner Balzer and Associates] 5 ~ .S ('f') ~o N<:r:: u Z l::~ o "E CIl OJJ ..... <Il 0 ~~ 100 "'<:t "\0 -<cI) .5 :: Si2 !:Q\O ..... ll) t>.O o P::: l:: CIl (l) Cl Z .....h ~ ~ OE- 1J.J ~ r-il ~ o ~ ~ ~ r-il ~ o ~ ~ ~ Z r-il U -< "" ~ -< <Il <Il ~ Ioo"'d '0 CIl '0 0 -<P::: €.s ~] eel) ~o o o o o I .- o '<:t o , ~('f') -9 -0 ~o a.. 0\ C<:oo ~o -< > (l)h ~ o l:: CIl o ~ "'d CIl o ~ OJJ l:: ...... .- ..... 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(l) CIl ~ >-. ...r:: 8 o Q ~ (l) (l) ......:l U ......:l ......:l ..... ~ >., ..... ..... o :c o ......:l "'d CIl o ~ (l) ..... :.a en l:: (l) "'d r.r.l V o N V "'d CIl o ~ t>.O .S "C (l) - (/) \0 0\ r- ('f') ~ N r- \0 ('f') o o o o I o o ~ ,......, I ('f') o I o o 0\ 00 o N ...... \0 o I ('f') o I o o 0\ 00 o LEGAL DESCRIPTIONS TAX PARCEL #89.00-03-12 PARCEL ONE BEGlliNING 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. 73' 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.43' 36'W. 71.8 feet to a marked 18 inch chestnut oak:, S. 4' 28 'W. 181.9 feet, S. 21' 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. 74" 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. 37" 20' E. 2084.7 feet to a large white oak old comer; thence S. 0' 41'E. 329.0 feet to a stake; thence N. 54' 04'W. 109.4 feet to an 18 inch poplar; thence N. 65' 25' W. 190.1 feet to an old iron; thence S. 76' 35' W. 95.2 feet to a 10 inch maple; thence S. 6' 03'W. 31.3 feet to a point 6 feet south ofa persimmons; th~nce S..86' 35' W. 109feet; thence N. 73' 40'W. 90.8 feet; thence N. 71' 55'W. 76.1 feet; thence N. 40" 34'W. 209 feet to a corner post just north of the north line ofan old road; thence S. 28' 44'W. along the fence; 192.8 feet to a comer post; thence S. 71' 46'W. 246.2 feet to a corner post; thence along a fence S. 80' 22'W. 607.2 feet to a 10 inch white oak on an old fence corner; thence S. 41" 50'W. 509.3 feet to a chestnut oak; thence S. 66' W. 126.8 feet to a planted stone; thence with the easterly line of the boundary of Mrs. Jones, N. 18' 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. 4" 39' W. 842.75 feet to an iron pipe 3.4 feet west of a 24 inch chestnut oak by the road; thence continuing said new division line N. 13' 27'W. 429.55 feet to a 12 inch white oak and N. 18" 54'W.288.46 feet to an iron; thence with the old original line of the property of Annie Laura Turner conveyed to the parties of the first part by said deed in Deed Book 433, page 389 aforesaid, N. 53" 45' E.396.4 feet and N. 32' 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. 1. 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. 43' 36'W. 71.8 feet to a point; thence S. 4" 28' W. 181.9 feet to a point; thence S. 21' 26'E. 363.9 feet to a point; thence S. 46' 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.238.4,feet to a point; thence N. 21' 26' W. 363.9 fee.tto 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 BEGINNrnG and being a 10 foot strip along the west side of the property conveyed to the Grantors by deed from Annie Laura Turner and shown as the easterly one-half of the 20 foot roadway on the survey made byT.P. Parker, State Certified Engineer, dated July 25, 1959. a copy ofwruch is recorded in the aforesaid Clerk's Office in Deed Book 1233, page 1181, and made a part hereof. 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 Bound.ary 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 of 243.00 feet, an arc distance of 151.33 feet and a chord ofN39041 '43"E, 148.89 feet to a found iron. pin at the southwesterly comer ofNIF Joseph Jaklitsch & Beth Snyder-Jaklitsch (Instrument #200510773); thence leaving said right-of-way and conti~uing with the southerly line of said Jaklitsch property the following: S76D32'24"E; 199.60 feet to a point; thence S76003 '30"E, 189.97 to a point; thence S75054'22"E, 371.26 feet to a found iron pin on the westerly property line ofNIF Robert J. & Mary Shawn Sorrentino (Instrument #200410384); thence leaving the line of .'laid Jaklitsch property and continuing with the westerly line of said Sorrentino property the following: S 13 012'42"E, 130.21 feet to a found iron pin; thence S04023 '08"E, 13.43 feet to a found iron pin at the northeast comer of Lot D-1 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: S88D37'43"W, 174.91 feet to a found iron pin; thence N86049'09"W, 278.42 feet to a found iron pin; thence S71 041 '27"W, 86.77 feet to a pDint; thence N55044'38"W 398.33 feet to the Point of Beginning containing 3.808 acres, being Lot B-1 as shown on Boundary Line Adjustment Plat of Turner Boundary Line Adjustment #2 recorded in the clerk's office of the circuit court of the C01ll1ty of Roanoke, Virginia in Plat Book 29, Page 56. 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 corner of N/F Dean Roger Turner (fnstrument #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 ROANOK.E . RICHMOND . NEW RIVER VALLEY. SHENANDOAH VALLEY 1208 C(){porafe Ocle. Roanoke, Virginia 24018. (540)772-9580. FAX (5401 772-OO:JJ www.balzer.cc ~NlfJt:tIl\'J...11"4~~~ r u 0- S I / ~In I Z L "'i 9-e-00"59 C.-ON X"It'.L 0 ~ $ 8 I ji lh, II, PI " II. d'o'V'l ^H::l3dO~d 030N3V'l'o' t; l;, 5 i a: . . . ..~ 'I . I , e e 8- n.. ~~ I1n Iii; !ll! !lll~ 1111 !ill~ :JTl '11111\I ^ 1101801 I ~ ~ ~ ~~~ ~ i ~ oB ri.'7l!' \ " " " \ \ ( If " \ \ I \ + ;' \ ...."'"~. \ " " " l \ \ \ "r...~:- - _...... ~" " '\. " " \ { ,;)- , C)~ \. J ../ - '\' 1 <::', ",0' o VI ! ' 1<:: 0\:21 ~E17 "'Ii'>t) ~....<{ __1;;~ -~~ '\QY~", Ii. ".....? ' ~l '" I~~ ..... - -' I ~, ,. ',':. " ;\ \/ - )1, ~ " ~". o -- --. ... \ \ '- , Ii I i.fillm .u/! till I ..... I Z L .. 9'~-E-OD'68 .. ON "".L I ~ ll!'l dW~ :::=;.:~~V ~ ~ IdL 0.. '..IV\l ^ ..0.80. I ! u ~ ~ o ! ~ u a N ~ ~ I 0 ... ... 0: '" '" 0.. . "' sif! ~ \ I \ ~ ~ ~ -.J ~ ~ '" '\ I " '\ "- ............. 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'\ , \ \ I I I \ \ \. .... .... \ .... .... \ .... \ " .... \ \ \ I ~/' \ \ \ / >,/" , \ \ \ I I .... , ) I \ --\ .... \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, FEBRUARY 27,2007 ORDINANCE 022707-9 GRANTING A SPECIAL USE PERMIT TO OPERATE A RECREATIONAL VEHICLE SALES AND SERVICE FACILITY ON 38.65 ACRES LOCATED AT 8010 PLANTATION ROAD (TAX MAP NOS. 18.18-1-1 AND 18.18-1-10) HOLLINS MAGISTERIAL DISTRICT, UPON THE PETITION OF OPPIDAN INVESTMENT WHEREAS, Oppidan Investment has filed a petition for a special use permit to operate a recreational vehicle sales and service facility to be located at 8010 Plantation Road (Tax Map Nos. 18.18-1-1 and 18.18-1-10) in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on February 6, 2007; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on January 23, 2007; the second reading and public hearing on this matter was held on February 27,2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Oppidan Investment to operate a recreational vehicle sales and service facility to be located at 8010 Plantation Road in the Hollins Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) The site shall be developed in substantial conformance with the Oppidan Retail Center Overall Development Plan, prepared by Lumsden Associates, P. C., dated February 5, 2007. (2) The building elevations shall be in substantial conformance with the Gander Mountain Exterior Elevations, prepared by Oppidan Investment Company, dated February 2007. (3) Type C, Option 1 landscaping shall be installed in the entire 50 foot buffer yard during the first opportune planting season after completion of final grading in the buffer yard. A six-foot high berm shall be constructed within the buffer yard, with landscape plantings on the berm. 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: NAYS: Supervisors Wray, Church, Altizer, Flora, McNamara None A COpy TESTE: ~C).~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors cc: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning William Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2