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HomeMy WebLinkAbout10/23/2007 - Adopted Board Records ACTION NO. A-102307-1 ITEM NO. E-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA MEETING DATE: October 23, 2007 AGENDA ITEM: Request to appropriate funds for the new County garage, the South County library, and the North County fire station, and to adopt a resolution declaring intent to reimburse expenditures from bond proceeds for the North County fire station SUBMITTED BY: Diane Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County AdlT~inistrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In December 2004, the County Board adopted a series of fiscal policies that enhanced the cash position of the County, and directed money toward nluch needed capital projects. Through these policies, surplus funds at the end of each fiscal year are used to build the Unappropriated Balance of the County and to fund the Major and Minor County capital reserves. · The Major and Minor Capital Reserves allow the County to pay cash for smaller capital projects, and act as a down payment on larger capital projects. In addition, through the budget process, the County and the Schools jointly fund a growing Future Debt Service Reserve Fund, which allows the County and the Schools to pay for the debt service on future bond issues to fund larger capital projects. SUMMARY OF INFORMATION: Today, we are requesting the Board to appropriate funds for the following capital projects: 1. A new garage 2. A South County library 3. A North County fire station The total budgets for the garage, the library, and the fire station are shown on Attachment A. These budgets have been reviewed with the Board in previous work sessions. Each of these projects is partially -Funded from money that has already been appropriated to the project in the current or prior years. The renlaining portion of the projects will be funded with bond proceeds. In previous meetings, the Board has taken action to appropriate funds and award contracts for the upgrade to the radio system and the multigenerational center, which will also be included in this bond issue. In addition, the Board has previously adopted resolutions declaring the intent to reimburse itself with bond proceeds for each of the projects except the fire station. This resolution is presented today. FISCAL IMPACT: The County has already appropriated a total of $3,670,000 to these three projects, as detailed in Attachment A. These funds were generated through the Boards' new fisca' policies, as explained above. The balance of $26,230,000 will be included in the upcoming bond sale, along with the multigenerational center and the radio upgrade. Debt service for this bond sale will be paid in future years, with money from the Future Debt Service Reserve Fund, increased Fee for Transport rates recently approved by the Board, and partnerships with the Western Virginia Water Authority. The debt service will be paid from the County's existing revenue stream, and will not impact the funding for the Schools. The fiscal policies adopted by the Board have worked well, and allow us the opportunity to proceed with these needed capital projects now while interest rates are low. A delay in construction will only result in construction costs increasing faster than we are able to accumulate additional funds. STAFF RECOMMENDATION: Staff recommends the following: 1. Appropriate the balance of the needed capital funds for the projects from bond proceeds, as shown below and detailed on Attachment A. Garage Library Fire Station $6,440,000 16,290,000 3,500,000 2. Approve the attached resolution, which allows the County to reimburse itself from future bond issues or other financings for expenditures made on the fire station. 2 VOTE: Supervisor Flora motion to approve staff recommendation: Appropriate the balance of the needed capital funds for the projects from bond proceeds, as follows: (1) Garage $6,440,000; (2) Library $16,290,000; and (3) Fire Station $ 3,500,000; and approve the resolution, which allows the County to reimburse itself from future bond issues or other financings for expenditures made on the fire station. Motion Approved Yes No Abs Mr. Wray ~ D D Mr. Church ~ D D Mr. Altizer ~ D D Mr. Flora ~ D D Mr. McNamara ~ D D cc: Diane Hyatt, Chief Financial Officer Rebecca Owens, Director of Finance Diana Rosapepe, Director of Library Services Anne Marie Green, Director, General Services Richard Burch, Chief, Fire and Rescue 3 ATTACHMENT A Roanoke County Capital Projects Sources and Uses of Funds North County Garage Library Fi re Station Source of Funds Currently appropriated $ 1 J2601000 $ 1 J 710,000 $ 700,000 Roanoke County Bond Proceeds 6,440,000 16,290,000 3,500,000 $ 7,700,000 $ 18,000,000 $ 4.200,000 Use of Funds Purchase of land $ 1,000.000 $ $ 500,000 A&E 500.000 1,368,838 200,000 Construction 4,500,000 10,334,309 3,500,000 Equipment & Furnishings 2,291,250 Site development 1,250,000 2,334,940 Other 1,019,959 Contingency 4501000 650,704 $ 7,700,000 $ 18.000,000 $ 4,200,000 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA ON TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-2 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 FIRE STATION WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia, (the "County") has determined that it may be necessary or desirable to advance n10ney to pay the costs of designing, acquiring, constructing, and equipping a new Fire Station (the "Project"). NOW THEREFORE, BE IT RESOLVED, BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, as follows: 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, acquiring, 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 designing, acquiring, constructing and equipping the Project is $4,200,000. 3. This resolution shall take effect immediately upon its adoption. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: A YES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COPX TESTE: _. I !/~ iL h 4 /J t^,:~ _ /:!1~'t) q Mary v. Br~ndt, CPS Assistant Beputy Clerk to the Board cc: Diane Hyatt, CI"'lief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Management and Budget Dan O'Donnell, Assistant County Adrrlinistrator John M. Chambliss, ,-Ir., Assistant County Administrator I hereby certify that the foregoing is a true and correct copy of Resolution 1 02307 -2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 23, 2007. Brenda J. Holton, Deputy Clerk 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 RESOLU""rION 102307-3 OF SUPPORT TO SUBMIT A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREA'""ION FOR A LAND & WATER CONSERVATION FUND GRANT TO HELP FINANCE THE CONSTRUCTION OF THE TAYLOR TRACT PARK AND TRAIL SYSTEM WHEREAS, the Department of Conservation and Recreation (OCR), provides funds to assist political subdivisions of the Commonwealth of Virginia in acquiring and developing open space and park lands; and WHEREAS, there are urgent needs within Roanoke County to develop passive parks facilities and systems of walking and hiking trails; and WHEREAS, the Taylor Tract parcel is deemed to be of a high acquisition and development priority by Roanoke County and shall be referred to as the Taylor Tract Park and Trail System Project. WHEREAS, in order to attain funding assistance from OCR, it is necessary that the Roanoke County Board of Supervisors guarantee that a proportionate share of the cost thereof is available; and WHEREAS, the total project cost is $162,620, and Roanoke County is seeking a grant from OCR in an amount of $77,700 and the County's 52 percent proportionate project share of $84,920 will be funded by the Roanoke County Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED BY THE Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to cause such information or materials as may be necessary to be provided to the Departnlent of Conservation and Recreation (DCR) and to enter into such agreements as may be necessary to permit the formulation, approval, and funding of the Taylor Tract Park and Trail System Project. 2. That Roanoke County gives its assurance that the funds needed as the proportionate share of the cost of the approved program will be provided up to $84,920. 3. That Roanoke County gives its assurance that the general provisions of the Land and Water Conservation Fund Act (L&WCF) and the fiscal procedures will be complied with in the administration of this project. 4. That Roanoke County will operate and maintain the public recreation facility in good condition and will provide permanent project acknowledgement signs of the participating funding agencies, and that this signage will clearly state that the said facility is a "public" recreational facility. 5. That Roanoke County shall dedicate the metes and bounds of the Taylor Tract Park and Trail System Project properties, in perpetuity, for public outdoors recreational purposes in accordance with the Land and Water Conservation Fund (L&WCF) Act. 6. That Roanoke County gives its assurance that all other applicable federal and state regulations governing such expenditure of funds will be complied with in the administration, development, and subsequent operation of this Taylor Track Park and Trail System Project. 2 7. That the Department of Conservation and Recreation is respectfully requested to assist in approval and funding of the Taylor Tract Park and Trail System Project in order to enhance the standard of public recreational enjoyment for all our citizenry. On motion of Supervisor Wray to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None Cc: Pete Haislip, Director of Parks, Recreation, and Tourism Lon Williams, Parks Planner Rebecca Owen, Director, Finance I hereby certify that the foregoing is a true and correct copy of Resolution 102307-3 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 23, 2007. Brenda J. Holton, Deputy Clerk 3 AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORNIER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-4 OF SUPPORT TO SUBMIT A GRANT APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR A FY 2008 - 2009 TRANSPORTATION ENHANCEMENT PROGRAM GRANT TO HELP FINANCE THE CONSTRUCTION OF THE EASTERN SEC-rION OF THE ROANOKE RIVER GREENWAY WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the Board of Supervisors of Roanoke County in order that the Virginia Department of Transportation program an enhancement project in the Roanoke County. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, as follows: 1. That it requests the COITlmonwealth Transportation Board to establish a project for the construction and development of approximately 5 ITliles of the Roanoke River Greenway in eastern Roanoke County from the Roanoke City line to Explore Park. 2. That the costs associated with the first phase of the project (which will address project design, engineering and permitting, and private land acquisition along the proposed greenway corridor) are estimated to be $465,608. Roanoke County is requesting grant funding in the an10unt of $372,486 which is 80 percent of the total estimated cost of the first phase of this project. Roanoke County hereby agrees to pay matching funds of $93,122 which is 20 percent of the total estimated project cost. 3. That Roanoke County will provide 50 percent of the matching funds which is $46,561. The remaining 50 percent of the matching funds will come from in-kind services, donated real estate within the greenway corridor, and matching 'funds provided by other sources. 4. That if Roanoke County subsequently elects to cancel this project the County hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: A YES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TESTE: 71 Y.. d /I..}. . i I rrA l?'il!l/ft1 . Mary V. randt, CPS Assista t Deputy Clerk to the Board Cc: Pete Haislip, Director of Parks, Recreation, and Tourism Lon Williams, Parks Planner Rebecca Owen, Director, Finance I hereby certify that the foregoing is a true and correct copy of Resolution 1 02307 -4 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 23, 2007. Brenda J. Holton, Deputy Clerk 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PE-rERS CREEK ROAD, ROANOKE, VIRGINIA ON OCTOBER 23,2007 RESOLUTION 102307-5 REQUESTING THE VIRGINIA DEPARTMENT OF -rRANSPORTATION, VDOT, TO CON-rINUE FUNDING PROJECTS CURRENTLY IDENTIFIED IN THE FISCAL YEAR 2007-2008 VDOT SIX- YEAR IMPROVEMENT PROGRAM AND TO ADOPT THE PRIORITIZED LIST OF INTERSTATE AND PRIMARY ROAD PROJECTS HEREIN IDENTIFIED AS "NOT INCLUDED IN THE FISCAL YEAR 2007-2008 VDOT SIX-YEAR IMPROVEMENT PROGRAM" FOR INCLUSION INTO THE FISCAL YEAR 2009-2014 SIX-YEAR IMPROVEMENT PROGRAM WHEREAS, the Six-Year Improvement Program is the Commonwealth Transportation Board's plan for identifying funds anticipated to be available for highway and other forms of transportation construction; and WHERAS, this program is updated annually to assist in the allocation of federal and state funds for interstate and primary roads. BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the following projects identified as "included in the Fiscal Year 2007- 2008 VDOT Six-Year Improvement Program" are recommended for continuance of funding for the planning and construction of said projects. .:. Interstate 73 - In a letter dated June 3, 2001, the Board of Supervisors encouraged VDOT to work closely with the impacted citizens to address their concerns and mitigate any negative impacts to them. This is in addition to resolution 120500-2 passed December 5, 2000, reaffirming the Board's support for 1-73. .:. Interstate 81- Roanoke County continues to support VDOT's proposed plan to widen 1-81 from its present four lanes. We look forward to continuing our partnership with VDOT to develop regional cooperation for storm water detention facilities, potential utility crossings, and other design issues that could impact Roanoke County's future. .:. Rte. 11/460 (West Main St) - From: Salem City limits to: 0.10 mi west Rte 830, Technology Dr. - Roanoke County continues to support the ongoing design for improvements in this important commercial and residential development area. Irr~proven1ents will provide an increase in the level of service, bringing it up to standards required for the expected growth. .:. Rte. 221 (Bent Mtn RdJ - From: Rte 735, Coleman Rd. to: Rte 688 Cotton Hill Rd. - This project had been removed from the Six-Year Improvement Program but was reinstated in FY 05-06. The residentia,1 development that has occurred/expected to occur within this area will place additional demands on the road system that is currently providing an inadequate level of service. .:. Bridae ReDlacement Rte. 116 (Jae Vallev Rd.) over Back Creek - -rhe VDOT Salem Residency has notified staff that the bridge over Back Creek is in need of repair, and we wish to offer our support for improvements to the approaches and bridge replacement. .:. Rte. 220 Safetv/Mobilitv ImlJrovements - We continue to support the safety and mobility improvements along Route 220, and we look forward to the in1plementation of Phase II. 2. That the following projects identified as Llnot included in the Fiscal Year 2007- 2008 VDOT Six-Year Irr~provement Progranl" have been identified, prioritized, and selected by the Board of Supervisors as extremely important to the growth of Roanoke County and/or for safety improvements and are requested to be included in the Fiscal Year 2009-2014 VDOT Six-Year Improvement Program. 1. Rte. 221 (Bent Mtn RdJ - From: Rte 688 (Cotton Hill Rd) to: Rte 752 (Old Mill Road) - Portions of the Rte 221 corridor have been funded for Prelirrlinary Engineering. Roanoke County is requesting Right-of-Way and Construction funding for the extension of the project to extend to the base of Bent Mountain. The much needed improvement project is due to increasing residential demands on the corridor. 2. Rte. 11 (Williamson Rd) - From: Rte 117 (Peters Creek Rd) to: Roanoke City limits - Now that Rte 11 has been widened from Plantation Road to Hollins College, this particular section of three-lane road remains to be improved. Additionally, the existing bridge over Carvins Creek does not meet current standards, and the alignment of Florist Road with Rte 11 creates additional congestion and safety concerns. The existing section of road, 1.52 miles in length, is currently a three-lane road with the center lane used for turning movements. Ninety percent of the tracts adjacent to Williamson Road are developed for commercial use. 3. Rte. 115 (Plantation Rd) - From: Roanoke City limits to: Rte. 11 (Williamson Rd) - This two-lane section of Plantation Road is 2 approximately 2.43 miles in length with numerous secondary road connections. If full funding were not available, various spot improvements, such as turn lanes, alignment and grade improvements would help with safety issues. Additional 'and is available along the road for future development, which will increase traffic and construction costs in the future. 4. Rte. 220 (Franklin Rd) - From: Rte 419 (E'ectric Rd) to: Franklin Co. line - Increasing commercial and residential development and corrlmuter traffic have placed transportation demands on this corridor. Additional lanes, turn lanes, improved vertical alignment, and/or spot improvements are needed. 5. Rte. 116 (Jae Vallev RdJ - From: Roanoke City limits to: Franklin Co. line - This road is serving the growing commuter traffic from Franklin County and recreational traffic to Smith Mountain Lake. We need to provide safety and capacity to its users (Note: there is funding for the bridge on Rte 116 in FY 05-06; however need road improvements as well) . 6. Rte. 460 (Challenaer Ave) - From: Roanoke City limits to: Botetourt Co. line - The continued residential, commercial, and industrial growth within this corridor has increased traffic demands. 7. Rte. 419 (Electric RdJ - From: Salem City limits to: Roanoke City lirrlits (US 220) - The need is based on existing traffic volumes, current and anticipated economic development, and accident history. Could focus on operational improvements (e.g. turn lanes, signal coordination, etc.) from Salem City limits to Rte 221; need to add capacity from Rte 221 to US 220. 8. Rte. 311 (Catawba Vallev RoadJ - From: Rte. 419 (Electric Road) to: Craig Co. Line - The increasing cOrTlmercial and residential developments and commuter traffic have placed transportation demands on this corridor. Because of the scenic beauty of this corridor, it has become a major corridor for bicyclists. Additional widening of the travel lanes and shoulders and additional turn lanes are needed. 3. That the following projects identified as "not included in the Fiscal Year 2007- 2008 VDOT Six-Year Improvement Program" are recommended for spot improvements and for inclusion in the Fiscal Year 2009-2014 VDOT Six-Year Improvement Program. .:. Route 419 (Electric Road) - Intersection inlprovements throughout corridor 3 .:. Route 118 (Airport Road) - Construct left-turn lane at intersection with Rte. 623 (Dent Rd.) .:. Route 24 (Washinaton Avenue) - Improvements at the intersection of William Byrd High School .:. Route 311 (Catawba Va lie v Road) - Construct left-turn lane at intersection with Route 864 (Bradshaw Road - Mason's Cove area) 4. The Board supports enhancement grants for the Roanoke River Greenway project. On motion of Supervisor Wray to adopt the resolution with Route 220 safety enhancements revised as discussed and support for Roanoke River Greenway enhancement grants added, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NA YS: None A COPy TESTE: ; ~~ /1 J" A ;t1J;;/ \ . '1 ._~' (/. $' /11' / J"24?<>J/.', " J Mary . Brandt,' CPS Assistant Deputy Clerk cc: Virginia Dept 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 1 02307 -5 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 23,2007. Brenda J. Holton, Deputy Clerk 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, TUESDAY, OCTOBER 23, 2007 ORDINANCE 102307-6 AUTHORIZING THE EMERGENCY RELOCATION OF THE NORTHSIDE VOTING PRECINCT WHEREAS, Section 24.2-310 D of the Code of Virginia, 1950, as an1ended, provides that if a polling place becomes inaccessible due to an emergency, that the electoral board shall provide an alternative polling place subject to the prior approval of the State Board of Elections; and WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as an1ended, mandates that the governing body of each county shall establish the polling place for each precinct in that jurisdiction by ordinance; and WHEREAS, the Northside High School building has recently become unavailable for use as a polling place for the November 6, 2007, election due to problems with the renovations to this building; and WHEREAS, the former Public Safety Building (formerly the Southview Elementary School) at 3568 Peters Creek Road is available to serve as the new polling place for the Northside precinct; and WHEREAS, an emergency exists due to the urgent need to notify voters in the Northside precinct of the new location of their polling place which necessitates the adopting of this ordinance on an emergency basis in accordance with the Roanoke County Charter; and WHEREAS, the first reading of this ordinance was held on October 23, 2007; and the second reading of this ordinance has been dispensed with, since an emergency exists, upon a 4/5ths vote of the members of the Board. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. -rhat an emergency exists due to the sudden unavailability of the Northside High School as the polling place for the Northside precinct of the Catawba Magisterial District of Roanoke County. 2. That tile former Public Safety Building at 3568 Peters Creek Road is hereby designated as the polling station for the Northside precinct, Catawba Magisterial District for the November 6, 2007, election. 3. That the General Registrar for the County of Roanoke, Virginia, is hereby authorized to take all measures necessary to COITlply with Virginia law and regulations regarding a change in a polling precinct and for reasonable notification to the voters of the Northside precinct of this change in their polling locationa 4. Tl1at the County Administrator and the General Registrar are hereby authorized and directed to take such others actions as may be necessary to accomplish the intent of this ordinance. 5. That this ordinance shall take effect immediately. The 'first reading of this ordinance was held on October 23 2007; and the second reading of this ordinance has been dispensed with since an emergency exists, upon a 4/5ths vote of the members of the Board. 2 On motion of Supervisor Church to approve the first reading, waive the second reading upon a four-fifth (4/5th) vote of the Board and adopt the ordinance as an en1ergency measure, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COpy TEST~: li)r - ' -, .1Jt J'I" Mary V randt, CPS Assista Deputy Clerk to the Board cc: File Judith Stokes, General Registrar Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORrvlER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for October 23, 2007, designated as Iten1 H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Approval of ITlinutes for Septen1ber 25, 2007 2. Resolution of appreciation to Sherry B. Pearson, Library Services, upon her retirement after fourteen years of service 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NA YS: None A COP2"1TEST~: , !/ ..' AT A REGULAR IVIEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORIVIER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-7.8 EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO SHERRY B. PEARSON, LIBRARY SERVICES, UPON HER RE1-IREMENT AFTER FOURTEEN YEARS OF SERVICE WHEREAS, Sherry B. Pearson was employed by Roanoke County on September 13,1993, by Library Services; and WHEREAS, Ms. Pearson retired from Roanoke County on October 1, 2007, as Vinton Branch Librarian, after fourteen years and one month of service; and WHEREAS, through her professionalism, excellent customer service, and selfless dedication, Ms. Pearson ensured that the Vinton Library became an outstanding resource for its patrons; and, WHEREAS, Ms. Pearson was a trusted advisor to her colleagues and a patient and wise mentor to her staff; and WHEREAS, Ms. Pearson was a generous supporter and enthusiastic proponent of countless library and community festivals, events, and celebrations; and WHEREAS, Ms. Pearson, through her employment with Roanoke County, has been instrumental in improving the quality of life for its 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 SHERRY B. PEARSON for fourteen 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. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNan1ara NAYS: None 2 AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-8 CERTIFYING THE CLOSED MEE1-ING 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 -rhe 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 member's 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: NAYS: ABSTAIN: Supervisors Church, Altizer, Flora, McNamara None Supervisor Wray A CO~/..,;~~T/E: 10M" ,/ < I /~ l(lf I,' Mary V. r ndt, CPS ) Assistan eputy Clerk to the Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CEN-rER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA ON TUESDAY, OCTOBER 23, 2007 RESOLUTION 102307-9 APPROVING AND ADOPTING AMENDMENTS TO THE ROANOKE COUNTY COMMUNITY PLAN TO INCLUDE THE 2007 UPDATE TO THE ROANOKE VALLEY CONCEPTUAL GREENWAY PLAN WHEREAS, the 1995 Conceptual Greenway Plan was adopted by the City of Roanoke, Roanoke County, City of Salem, and Town of Vinton, and WHEREAS, the Roanoke Valley Greenway Commission determined that it was time to update the 1995 plan and sought assistance from the Roanoke Valley-Alleghany Regional Corrlnlissiol1, and WHEREAS, a grant was obtained from the Virginia Department of Transportation to help fund the project and a steering committee was set up with representatives from the four localities, and WHEREAS, two public meetings were held to gather citizen input, surveys were conducted, and personal interviews were held with stakeholders to receive comments on priorities for the 2007 update, and WHEREAS, the 2007 update to the Roanoke Valley Conceptual Greenway Plan recomnlends that focus be placed on finishing the Roanoke River Greenway in the next five years and developing north/south connections to the Roanoke River Greenway over the next ten years, and WHEREAS, the Roanoke Valley Greenway Commission recognizes that implementation of the 2007 update will require continued cooperation among the many partners and that development of any specific greenway will require approval by the local governing body and a determination by the local governing body to allocate funding to that project, and WHEREAS, the Greenway Commission approved the 2007 update to the Roanoke Valley Conceptual Greenway Plan on June 27, 2007, and the Roanoke County Planning Commission held a public hearing on the 2007 update August 7, 2007, and approved a resolution supporting the 2007 update on October 16, 2007, and WHEREAS, the Roanoke County Board of Supervisors recognize the important role that greenways play in a community's quality of life and that: (1) greenway trails provide alternative transportation modes lessening the dependence on automobiles; (2) that greenways strengthen the local economy by increasing property values by attracting businesses that are concerned with quality of life for employees and by creating an outdoor recreation environnlent where young professionals want to work and live; (3) that greenways provide free facilities for all age groups to exercise and encourage active living by design which can help improve citizens' health; and (4) that greenways preserve existing natural resources and enhance the environment through expansion of the tree canopy, protection of riparian buffers that reduce stormwater runoff, and provide for continuous habitat for plants and wildlife. NOW, THEREFORE BE IT RESOLVED, by the Roanoke County Board of Supervisors that the Roanoke County Community Plan be amended to include the 2007 update to the Conceptual Greenway Plan in so far as this is consistent with the Community Plan. 2 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 cc: Arnold Covey, Director, COITlmunity Development Janet Scheid, Planner Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Billy Driver, Director, Real Estate Valuation 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 ORDINANCE 102307-10 TO REZONE 0.804 ACRES FROM R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT, TO C-1, OFFICE DIS-rRICT, WITH CONDITIONS, IN ORDER TO CONSTRUCT A 2-STORY, 8000 SQUARE FOOT OFFICE BUILDING LOCATED AT 4806 PLEASANT HILL DRIVE (TAX MAP NO. 86.08-4-13.1), WINDOR HILLS MAGISTERIAL DISTRICT UPON THE APPLICATION OF KENNETH S. GUSLER, JR. WHEREAS, the first reading of this ordinance was held on September 25,2007, and the second reading and public hearing were held October 23, 2007; and WHEREAS, the Roanoke County Planning Comrrtission held a public hearing on this matter on October 2, 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 0.804 acres, as described herein, and located at 4806 Pleasant Hill Drive (Tax Map Number 86.08-4-13.1) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of R-2, Medium Density Residential District, to the zoning classification of C- 1, Office District, with conditions. 2. That this action is taken upon the application of Kenneth S. Gusler. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1.) The subject property will be developed in substantial conforn1ance with the subn'"titted concept plan prepared by Lumsden Associates PC and dated October 2, 2007, subject to those changes that nlay be required by Roanoke County during site plan review. (2.) The office building that is proposed for the site will be constructed with the same architectural design and materials as the existing office building on the adjoining property located at 4800 Pleasant Hill Drive (Titan Park I). (3.) A treated wood fence six feet in height will be built along the westerly boundary line where the site adjoins residential property. Landscape plantings (type B buffer, option no. 2) will be installed as a part of the project. The fence will be oriented with the finished side facing the adjoining parcel. The same fence win also be built along the rear boundary together with a 30' wide buffer strip. (4.) Applicant agrees that there will be no entrance or exit constructed to the site from Lange Lane. (5.) There will be no exterior site lighting other that the lights on the building to provide light at the front and rear entrances. (6.) Appllcant proposes to build an unlighted sign, 7.5' x 15' of the identical appearance and materials as the existing sign located at 4800 Pleasant Hill Drive. (7.) Applicant agrees that no durrlpster will be placed on this site. The site will utilize the existing dumpster on the 4800 Pleasant Hill Drive lot adjoining the site. 4. That said real estate is more fully described as follows: 0.804 acre located at 4806 Pleasant Hill Drive also known as Tax Map No. 86.08-4- 13.1 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. AU ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. -rhe Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 On motion of Supervisor McNamara to adopt the ordinance with the proffered conditions, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NA YS: None A coPy TESTjl Mary V. r ndt, CPS Assistant eputy Clerk to the Board cc: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip ThoITlpson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Billy Driver, Director, Real Estate Valuation 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT -rHE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA ON -rUESDAY, OCTOBER 23,2007 ORDINANCE 102307-11 AUTHORIZING THE VACATION OF A 30 FOOT ACCESS AND WATERLINE EASEMENT LOCATED UPON PORTIONS OF SAMUEL'S GATE SUBDIVISION, SECTION NO. 16, AND CROSSING CRUMPACKER DRIVE AND TOLMAN CIRCLE AS SHOWN ON THE PLAT OF PROPERTY OF F & W COMMUNITY DEVELOPMENT CORPORATION, RECORDED IN PLAT BOOK 30, PAGE 193, AND THE RELOCA-rION AND VACA-rION OF A30'ACCESS EASEMENT LOCATED UPON REMAINING PORTION OF PROPERTY OF F &W COMMUNITY DEVELOPMENT CORPORATION RECORDED IN DEED BOOK 1409, PAGE 241, LOCATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, a 30 foot access and waterline easement for purposes of access to a water tank was dedicated to the County of Roanoke by deed recorded in Deed Book 1640, page 1942, and by plat for subdivision of property of F & W Community Development Corporation, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 30, page 193; and, WHEREAS, the said 30 foot access and waterline easement for purposes of access to a water tank is shown as crossing various lots of Samuel's Gate, Section No. 16, subdivision and underlying Crumpacker Drive and Tolman Circle, public streets proposed for acceptance into the Virginia Secondary Road System, all as shown on "Plat Showing Portion of Existing 30' Access & Waterline Easement (D.B. 1640, PG. 1942) TO BE VACA-rED Located in Section No. 16, SAMUEL'S GATE AT "-rHE ORCHARDS", Situated Along Crumpacker Drive and Tolman Road, Hollins Magisterial District, Roanoke County Virginia", dated February 28,2007, prepared by Lumsden Associates P.C.; and, 1 WHEREAS, in consultation with the Roanoke County Department of Community Development and the Western Virginia Water Authority (WVWA), F & W COrTlnlunity Development Corporation has agreed to the relocation of said 30 foot access and waterline easement upon its adjoining property, which proposed new easement location is acceptable to the County's engineers and to WVW A; and, WHEREAS, the Virginia Department of Transportation (VDOT) has requested that this easement relocation be accomplished by formal action of the Roanoke County Board of Supervisors in accordance with Section 15.2-2272 (2), Code of Virginia, 1950, as amended, in order to permanently vacate tl1at portion of the easenlent underlying Crumpacker Drive and Tolman Circle so as to permit the proper acceptance of Crumpacker Drive and Tolman Circle into the State Secondary Road System; and, WHEREAS, this formal Board action of vacation will serve to remove potential title questions affecting potential property owners in Samuel's Gate subdivision, Section No. 16; and WHEREAS, the developer, as the Petitioner, has requested that, pursuant to Section 15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate the existing 30 foot access and waterline easement dedicated in Plat Book 30, Page 193, and relocate said easement as now shown on the attached Exhibits "A" & "8"; and, WHEREAS, this vacation will not involve any cost to the County and the affected County departments and WVW A have recommended this easement relocation and formal vacation; and, 2 WHEREAS, notice has been given as required by Section 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on October 9, 2007, and the second reading and public hearing was held on October 23, 2007. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A "first reading of this ordinance was held on October 9, 2007, and a second reading and public hearing of this ordinance was held on October 23,2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate, a 30 foot access and water line easement, is hereby declared to be surplus and the nature of the interests in real estate renders them unavailable for other public use. 3. That the 30 foot access and waterline easement, being designated and shown as "PORTION OF EXISTING 30' A. E. & W.L.E.(DB.1640, PG.1942) BOUNDED BY CORNERS 1 THRU 21 TO 1 INCLUSIVE WITHIN STREET RIGHTS-OF-WAY TO BE VACATED" on Exhibit "A" attached hereto, and having been dedicated on the subdivision plat for F & W Community Development Corporation and recorded in the aforesaid Clerk's Office in Plat Book 30, page 193, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virgin ia, 1950, as amended. 4. That the 30 foot access easement, being designated and shown as uEXISTING 30' ACCESS EASEMENT.(DB.1640, PG.1942) TO BE VACATED" on Exhibit "B" 3 attached hereto, and having been dedicated on the subdivision plat for F & W COlTlmunity Development Corporation and recorded in the aforesaid Clerk's Office in Plat Book 30, page 193, in the Hollins Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as an1ended. 5. That a new 30 foot access easement substantially in accordance with the location as shown on "Plat Showing EXISTING 30' ACCESS EASEMENT (D.B. 1640, PG. 1941) TO BE VACATED across Roanoke County Tax # 040.01-01-04, Botetourt County Tax # 107-254 & Lots 27 & 28, Section # 16, Samuel's Gate at "The Orchards" (P .B. 30, PG. 193) and CREATING HEREON A NEW 30' ACCESS EASEMENT Across Roanoke County Tax # 040.01-01-04, Botetourt County Tax # 107-254 Hollins Magisterial District, ROANOKE COUNTY, VIRGINIA." shall be dedicated to the County of Roanoke, Virginia, upon the construction of the new 30 foot access easement and the approval and recording of the aforesaid plat in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia. 6. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioner. 7. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accolTlplisl1 the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 8. That this ordinance shall become effective upon the corrlpletion of construction of the new access easement and the prior recording of the plat identified as Exhibit "A" above, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit 4 Court of Roanoke County, Virginia, in accordance with Section 5.2-2272 of the Code of Virginia (1950, as amended). On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None cc: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Joe Obenshain, Senior Assistant County Attorney I hereby certify that the foregoing is a true and correct copy of Ordinance 102307-11 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, October 23, 2007. Brenda J. Holton, Deputy Clerk 5 ~'rl /__ 1,/""'"'-/"\.. II!-IC! .' \ ------1 !---.J ' II~i...rt,: \ /' i ~: ! ....~ I j l --"~}it-"--I' I: 111I · - I ';J : :a i .. '- .. "Ii I ~s.-~ ,. ir----..-/ ; 'fI1'~ lll! :,....... .. .. ~ lUtrtt ... '" --' ' ;x" ... ~ - I~'! : I 'N5 ~ ~! 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I h,l: ,.JlI .~~ Sllli','III! - a!t 1111 "II' .:kl _. _ I. :a.ta.1a I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 ORDINANCE 102307-12 DENYING GRJ"-.NTING A SPECIAL USE PERMIT TO OPERATE A CONSTRUCTION YARD ON 1.87 ACRES LOCATED AT 2914 JAE VALLEY ROAD (TAX MAP NO. 79.01-4-22) VINTON MAGIS-rERIAL DISTRICT, UPON THE PETITION OF MCNEIL ASPHALT MAINTENANCE, INC. WHEREAS, McNeil Asphalt Maintenance, Inc. has filed a petition for a special use perrrlit to operate a construction yard on a 1.87 acre parcel located at 2914 Jae Valley Road (Tax Map No. 79.01-4-22) in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 4, 2007; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 28, 2007; the second reading and public hearing on this matter was held on October 23, 2007. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: On motion of Supervisor Altizer to deny the special use permit, and carried by the following recorded vote: AYES: Supervisors Wray, Church, Altizer, Flora, McNamara NAYS: None A COP!JTESTE:. L ,/ r' ?~, Mary V. B a dt, CPS Assistant puty Clerk to the Board cc: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip -rhorrlpson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Billy Driver, Director, Real Estate Valuation 2 AT A REGULAR MEE-rING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, OCTOBER 23, 2007 ORDINANCE 102307 -13 TO REZONE 2.917 ACRES FROM 1-1 C, INDUSTRIAL DISTRICT WITH CONDITIONS, TO C-2, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, FOR THE CONSTRUCTION OF AN ADMINISTRATIVE SERVICES BUILDING LOCATED NEAR THE INTERSECTION OF VALLEYPOINTE PARKWAY AND VALLEYPARK DRIVE (TAX MAP NO. 37.07 -1-14.6), CATAWBA MAGISTERIAL DISTRICT UPON THE APPLICATION OF -rIMBERBROOK PROPERTIES III, LLC WHEREAS, a portion of this property was rezoned on October 30, 1987, to M-1, Light Industrial District, for the purpose of a light industrial (mixed use) park with a special exception for office and commercial development upon the petition of Lingerfelt Development Corporation with proffered conditions (attached Exhibit A - Proffer of Conditions); and WHEREAS, in 1992, the property was rezoned from M-1, Light Industrial District, to 1-1, Industria,1 District, as part of Roanoke County's comprehensive rezoning with the adoption of the new zoning ordinance; and WHEREAS, the first reading of this ordinance was held on September 25,2007, and the second reading and public hearing were held October 23, 2007; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 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 2.917 acres, as described herein, and located near the intersection of Valleypointe Parkway and Valleypark Drive (Tax Map Number 37.07-1-14.6) in the Catawba Magisterial District, is hereby changed from the zoning classification of 1-1 C, Industrial District with Conditions, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Timberbrook Properties III, LLC. 3. That the 1987 Proffer of Conditions (Exhibit A) is hereby repealed. 4. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) That the property will be used only for the following uses: Administrative Services, Day Care Center, Post Office, Safety Services, Utility Services (Minor), Financial Institutions, General Office, Medical Office, Laboratories, Business Support Services, Business or Trade Schools. (2) That no more than 75 percent of the property will be developed for building and parking uses. (3) That all on-premises signage will be 3csthetically ple3sing 3nd be no more than forty (40) square feet in sign face area and no more than eight (8) feet in height. Outdoor advertising signs (billboards) will be prohibited. (4) That there will be no outdoor storage except under the following conditions: a. that it not be visible from the street b. that it not be higher than the elevation of the building c. that it not comprise an area greater than 50 percent of the floor area of the building d. that it be screened from view with landscaping and/or other approved screening materials in accordance with the provisions of the Roanoke County Ordinance. (5) That all utilities will be underground. 2 (6) That there will be no on-street parking. (7) That there will be sufficient truck loading spaces designed for each building site. 5. That said real estate is more fully described as follows: Being all of Tax Map No. 37.07-1-14.6 containing 2.91 acres. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Church to adopt the ordinance with Proffer No.3 amended, and carried by the following recorded vote: A YES: Supervisors Wray, Church, Altizer, Flora, McNamara NA YS: None A COP/~~~;E~T~: i~//;", .lT~~' ,/ Ij" I /,. .{(/ll:'/ .f l dt, CPS \'-./ puty Clerk to the Board cc: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip -rhompson, Deputy Director, Planning John Murphy, Zoning Administrator Paul Mahoney, County Attorney Billy Driver, Director, Real Estate Valuation 3 Exhibit A VIRGINIA: BEFORE THE BOARD OF COUNTY SUPERVISORS OF ROANOKE COUNTY to I-581 wi th the Hollins ) ) ) ) ) ) ) . PROFFER A 52 ~ acre parcel of land, generally loca ted. north of Peters Creek Road, adjacent Magisterial District, and OF recorded as parcel Nos. CONDITIONS 37.06-1-1 (part), 37.07-1-8, 37.07-1-9, 37.07-1-11, 37.07-1-12 and 37.07-1-13 ) ) ) in the Roanoke County Tax Records. TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY: Being in accord with Section 15.1-491.1 at seq. of the Code of Virginia and Section 21-10SE. of the Roanoke County Zoning Ordinance, the Petitioner, Lingerfelt Development Corporation, hereby voluntarily proffers to the Board of Supervisors of Roanoke County, Virginia, the following conditions to the rezoning of the above referenced parcel of land: 1. The property will not include permitted uses for: a. Automobile painting, upholstering, repaJ.rJ..ng, rebuilding, recondi tioning , body and fender work, truck repairing or overhauling: b. Manufactu~e of pottery and figurines or other similar ceramic products: c. Veterinary hospital and comro.ercial kennels with exterior runs and yards; d. Outside flea markets, unless a special exception has been granted by the Board of Supervisors. 2. That the property will be developed so as to utilize landscaping and preserve existing vegetation where possible. No more than 75% of each building site will be developed for building and parking uses. 3. That all on-premises signage will be aesthetically pleasing and be no more than forty (40) square feet in sign face area and no more than eight (B) feet in height. Outdoor advertising signs (billboards) will be prohibited. 4. That there will be no outdoor storage except under the following conditions: a. that it not be visible from the street b. that it not be higher than the elevation of the building c. that it not comprise an area greater than 50% of the floor area of the building d. that it be screened from view with landscaping and/or other approved screening materials in accordance with the provisions of the Roanoke County Ordinance. 5. That all utilities will be underground. 6. That there will be no on-street parkinq. 7. That there will be sufficient truck loading spaces designed for each building si te . 8. Tha t the Peti tioner will review the drainage si tua tion for Valleypointe and implement a design for drainage facili ties to ei ther retain or detain the two (2) year storm (as has been required by Roanoke County) and to consider retention or detention for a. ten (10) year storm. 9. That all exterior lighting in parking areas on the northwest side of the project will he directed away from adjacent residential areas. 10. Tha t primary access to the property will be from Peters Creek Road. Respectfully submitted, LINGERFELT DEVELOPMENT CORPORATION BY