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HomeMy WebLinkAbout12/18/2007 - Regular Roanoke County Board of Supervisors Agenda December 18, 2007 Please be advised that this Board meeting will be held at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA 24018. Good afternoon and welcome to our meeting for December 18, 2007. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Friday at 7:00 p.m. and on Sunday at 4:00 p.m. The meetings are now closed-captioned. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. A. OPENING CEREMONIES (3:00 p.m.) 1. Roll Call 2. Invocation: John M. Chambliss, Jr. Assistant County Administrator 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS D. BRIEFINGS 1 E. NEW BUSINESS 1. Request for authorization to execute a performance agreement between Roanoke County, the Roanoke County Economic Development Authority (EDA), and Virginia Blue Ridge LLC. (Doug Chittum, Director of Economic Development) 2. Resolution adopting a legislative program for the 2008 session of the Virginia General Assembly. (Paul Mahoney, County Attorney) 3. Request for authorization to execute a Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Bogle Field. (Pete Haislip, Director of Parks, Recreation and Tourism) 4. Request to accept a grant in the amount of $57,000 from the Virginia Department of Conservation and Recreation for the Walrond Park Trails Project. (Pete Haislip, Director of Parks, Recreation, and Tourism; Lon Williams, Park Planner) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of an ordinance to obtain a Special Use Permit in an R-1, Low Density Residential District, to construct an accessory apartment on 4.36 acres located at 6678 Wellington Road, Windsor Hills Magisterial District, upon the petition of Matthew A. Lester 2. First reading of an ordinance to rezone 0.92 acre from AG-1, AgriculturallRural Low Density District, to A V, AgriculturalNillage Center District, to construct a Fine Arts Studio business located at 2222 Wildwood Road, Catawba Magisterial District, upon the petition of James Privitera 3. First reading of an ordinance to rezone 0.943 acre from R-2, Medium Density Residential District, to C-2, General Commercial District, and to obtain a Special Use Permit for a drive-in and fast food restaurant located at 7515 Friendship Lane, Hollins Magisterial District, upon the petition of Grant Avenue Development 2 G. FIRST READING OF ORDINANCES H. SECOND READINGS 1. Second reading of an ordinance requesting the Economic Development Authority of the County of Roanoke to issue lease revenue bonds to finance various public facility projects and authorizing the lease and financing lease of certain real estate. (Diane Hyatt, Chief Financial Officer) 2. CONTINUED FROM DECEMBER 4, 2007, AT THE REQUEST OF THE BOARD. Second reading of an ordinance authorizing vacation of an unimproved right-of-way between Lot 14, Block 1, Section 1 and Lot 1, Block 2, as identified on the plat of Glenvar East Subdivision, Section 1, in Plat Book 7, Page 12, located in the Catawba Magisterial District. (Paul Mahoney, County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Library Board (Appointed by District) 3. Southwest Development Financing, Inc. J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes for November 13,2007, and December 4,2007 2. Acceptance of Coronado Street and the remaining portion of Fieldgate Road into the Virginia Department of Transportation Secondary System 3. Acceptance of Miller's Landing Circle into the Virginia Department of Transportation Secondary System 4. Acceptance of Charlestown Square and a portion of Elizabeth Drive into the Virginia Department of Transportation Secondary System 3 K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid - November 2007 5. Statement of expenditures and estimated and actual revenues for the month ended November 31,2007 6. Statement of the Treasurer's accountability per investment and portfolio policy as of November 31,2007 O. CLOSED MEETING pursuant to the Code of Virginia, Section 2.2-3711 A (3) discussion of the acquisition of real estate for public purposes, namely, economic development. P. WORK SESSIONS EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation to Michael A. Wray for his service as a member of the Board of Supervisors from 2004 through 2007 4 S. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCE 1. CONTINUED FROM NOVEMBER 13, 2007, AT THE REQUEST OF THE PETITIONERS. Second reading of an ordinance to rezone 1.421 acres from R-3, Medium Density Multi-Family Residential District, to C-2, General Commercial District with conditions, for the construction of an extended stay hotel, located near the intersection of Hershberger Road and Oakland Boulevard, Hollins Magisterial District, upon the petition of Auslo, Inc. (Philip Thompson, Deputy Director of Planning) 2. Second reading of an ordinance to rezone 1.41 acres from AVC, AgriculturalNillage Center District with Conditions, to AVC, AgriculturalNillage Center District with amended conditions, and to obtain a Special Use Permit to operate a construction yard in an AVC, AgriculturalNillage Center District with Conditions, located at 7119 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Dalton Heating & Air Conditioning, Inc. (Philip Thompson, Deputy Director of Planning) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Michael A. Wray 3. Joseph B. "Butch" Church 4. Michael W. Altizer 5. Joseph P. McNamara V. ADJOURNMENT 5 ACTION NO. ITEM NO. E-l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Request for authorization to execute a performance agreement between Roanoke County, The Roanoke County Economic Development Authority (EDA), and Virginia Blue Ridge, LLC SUBMITTED BY: Doug Chittum Economic Development Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval SUMMARY OF INFORMATION: Virginia Blue Ridge desires to build a new hotel on a 2.852 acre tract of land located off Thirlane Road in the Roanoke Airport Business Park. The new hotel will have 83 rooms and represents an $8.277 million investment in Roanoke County. In order to develop the site certain public and private infrastructure needs to be constructed including public water and sewer extensions, storm water management facilities, off site road improvements to Thirlane Road, and possibly road improvements to Peters Creek Road as required by the Virginia Department of Transportation (VDOT). The construction of a new access road serving the hotel and an additional commercial out parcel will also be required to access the site. A performance agreement has been negotiated between Roanoke County, the Roanoke County EDA and Virginia Blue Ridge using the guidelines set forth by the County's adopted Public Private Partnership Policy. The general terms of the agreement are as follows: · The company will construct an 83 unit hotel investing $8.277 million by December 31, 2008. . Company shall construct all necessary public improvements including public water and sewer extensions to Western Virginia Water Authority standards, storm water detention facilities, a new access road to the site and any and all improvements to Thirlane and Peters Creek Roads as required by VDOT and the County. . Upon completion of the improvements and acceptance of them to VDOT and the Water Authority and the issuance of a final certificate of occupancy for the new hotel, the EDA through funding from the County will make a grant to the Company in an amount equal to two years of new local tax revenue. FISCAL IMPACT: Per the performance agreement, the economic development grant will be calculated as a reimbursement based on actual new tax revenues, therefore the financial impact will be in the form of forgone revenue. No current funds are needed. However, significant future revenues to the County will be created as well as new jobs as a result of this project. STAFF RECOMMENDATION: Staff recommends authorizing the execution of a performance agreement between Roanoke County, the Roanoke County Economic Development Authority, and Virginia Blue Ridge, LLC. PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT (the" Agreement") is made as of this _ day of , 2007, by and between ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the "County"), THE ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereafter, the II Authority"); and VIRGINIA BLUE RIDGE, LLC, a Virginia limited liability company, (hereafter, the "Company"). WITNESSETH WHEREAS, the Roanoke County Board of Supervisors and the Authority desire to promote and encourage the economic development and vitality of Roanoke County and the Roanoke V alley through the construction of new business and the retention and expansion of existing business in order to provide for retained and increased employment and corporate investment in Roanoke County; and WHEREAS, the Company desires to construct a new hotelj motel with an additional retail out lot owned by an unaffiliated party on portions of a tract of real estate consisting of approximately 2.852 acres located off Thirlane Road in the Roanoke Airport Business Park (the "Project"), further described as tax map parcel number New Tract "1A-l" in Roanoke County, as delineated on the "Plat Showing the Resubdivision of Tract "IA" and Remaining Area, Property of Roanoke Airport 1 5276/1 O/2588930v3 Business Park, LLC Creating Hereon New Tract "lA-I," Tract "B" & Relocated Branchmac Lane" prepared by Lumsden & Associates, P.c., dated October 23, 2007 and recorded in the Clerk's Office of the County of Roanoke as Instrument No. 2007-18326 (the "Property"); and WHEREAS, the County and the Authority expect that the Company will maintain high quality employment opportunities for the citizens of the Roanoke Valley with the completion of the Project which will promote economic development and generate new local tax revenues for Roanoke County; and WHEREAS, this increased employment and investment constitutes a valid public purpose for the expenditure of public funds. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree to the following: 1. Site Development by the Company. A. The Company will cause the Project to be constructed and developed, subject to obtaining ordinary and necessary governmental approvals from the County and any other governmental agencies. B. The Company shall construct an approximately 86 unit new hotel/motel facility with a construction cost of approximately $8.277 million including land and building with an anticipated completion date on or around January 31, 2009. This Project also includes an out lot for an additional retail commercial facility which is owned by another party unaffiliated with Company. 2 5276/10/2588930v3 C. The Company has subdivided and recorded a subdivision plat for any out parcels and shall construct or shall cause to be constructed certain public and private infrastructure improvements, including: (i) public water and sewer extensions built to the standards of the Western Virginia Water Authority to serve this Project, (ii), storm water detention facilities as required by the County and the Commonwealth of Virginia, (iii) a private commercial access road, including dedication of 0.090 acres to the County for street widening purposes, built to appropriate private road standards from and along Thirlane Road and the new planned commercial development for the Company, as shown on the "Conceptual Development Plan" prepared by Lumsden & Associates, P.c., dated October 2, 2006 (attached hereto as Exhibit" A"), as the same may be modified by the Company as the Company deems necessary, and (iv) turn lanes on Thirlane Road as may be required by the Virginia Department of Transportation. The Company shall take all steps necessary to have the associated storm water management system and the water and sewer extensions accepted by the Western Virginia Water Authority. D. The Company agrees to provide the County and the Authority any and all documentation that may be required to verify the investment and construction costs (as referenced in paragraph 2.A) for the duration of this Agreement. 2. Procedures for the disbursement of Authority funds to the Company. A. Upon completion of the construction of the Site Development improvements described in paragraph 1, acceptance of the water and sewer utilities by the Western Virginia Water Authority, the recordation of any required subdivision plat, 3 5276/IO/2588930v3 the issuance of a final certificate of occupancy for the new hotel/motel facility, and the generation of "New Local Tax Revenues" from January 1, 2010 to December 31,2011 in the amounts as hereinafter set out, the Authority shall, with funds provided by the County, make a Grant to the Company in an amount estimated to be $175,000.00 a year for each of the two years previously set out. B. Beginning in calendar year 2010, the County shall appropriate to the Authority in two annual installments sums sufficient for an Economic Development Incentive Grant for the benefit of the Company. These sums will equal a total of two years of "New Local Tax Revenues." The term, "New Local Tax Revenues," means the total of (i) new local real estate taxes, (ii) new local personal property taxes, (iii) new local utility taxes, (iv) transient occupancy taxes generated annually by the Project, and (v) sales tax assessed against the Company to which the County would be entitled. It is estimated that the total amount of the Economic Development Incentive Grant will total $350,000; however if the Company generates in excess of the New Local Tax Revenues estimated, then the actual Grant shall be greater than the estimated total. If the Company generates less than the estimated New Local Tax Revenues, then the actual Grant shall be less than the estimated total. The Authority, upon receipt of this annual appropriation of funds from the County, will award an Economic Development Incentive Grant to the Company to assist with its start-up and site development costs, construction of the Company's improvements and facilities, and new employment. 4 5276/10/2588930v3 C. Within sixty (60) days of the end of December of each year, the Company shall provide such financial and tax revenue data relating to the Project as may be reasonably required by the Authority so that the Authority may calculate the actual grant award amount. The Company hereby authorizes the Commissioner of the Revenue for Roanoke County and the Commonwealth of Virginia to release to the Authority and the County its confidential tax information and data so that the Authority may calculate the actual grant award amount. The Authority shall pay the annual grant award amount to the Company at an address designated by the Company within thirty (30) days after receipt by the Authority of the data. D. If the Company does not substantially complete the construction of the new hotelj motel facility or fails to construct the infrastructure improvements described in paragraph 1 on or around January 31, 2009, then the Authority shall be relieved of any obligation to the Company for the 2010 Economic Development Incentive Grant. All other terms and conditions of this Agreement, including the 2011 Economic Development Incentive Grants, shall remain in full force and effect. 3. The Company shall have the right to assign this Agreement to a separate entity provided that any such assignment shall not relieve the Company of its obligations herein. 4. If any party is unable to perform its commitments under this Agreement by reason of force majeure, then that party shall not be deemed to be in default of its obligations under this Agreement, and any deadlines for the performance of its obligations and, if applicable, the deadlines for the performance of the other party'se 5 5276/ I O/2588930v3 obligations shall be extended for a time equal to the time period of the force majeure event, plus ten days. The term a "force majeure" as used herein, shall include without limitation acts of God; hurricanes, floods, fire, tornadoes, earthquakes, storms; strikes or other industrial disturbances; acts of public enemies; orders of governmental authorities; insurrections; riots; epidemics. 5. This Agreement shall be governed by and all disputes related hereto shall be determined in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement and any payments of public funds are subject to future appropriations by the Board of Supervisors to the Authority. 6 5276/10/2588930v3 IN WITNESS WHEREOF, the undersigned have executed this Agreement the day and year first above written. Approved as to form: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By Paul M. Mahoney, County Attorney By: Elmer C. Hodge, County Administrator ST A TE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of ,2007, by Elmer C. Hodge, Jr., on behalf of the Board of Supervisors for Roanoke County, Virginia. Notary Public My Commission expires: Approved as to form: ECONOMIC DEVELOPMENT AUTHORITY OF ROANOKE COUNTY By Attorney for EDA By: Chairman STATE OF VIRGINIA ) )ss COUNTY OF ROANOKE ) The foregoing instrument was acknowledged before me this _ day of 2007, by , Chairman of the Economic Development Authority of Roanoke County, Virginia. Notary Public My Commission expires: _/ _/ _ 7 5276/l012588930v3 VIRGINIA BLUE RIDGE, LLC By: Its: ) )ss STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2007, by J. Granger Macfarlane, as of Virginia Blue Ridge, LLC. Notary Public My Commission expires: _/ _/ _ 8 5276/1 O/2588930v3 ACTION NO. ITEM NO. E. ... '"'L... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 18,2007 MEETING DATE: December 18, 2007 AGENDA ITEM: Resolution adopting a legislative program for the 2008 session of the Virginia General Assembly SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Board of Supervisors annually adopts a resolution identifying its legislative priorities for the upcoming session of the Virginia General Assembly. In April of this year, County staff met with Eldon James, the Board's Legislative Liaison; and we identified three major issues of concern to Roanoke County to be addressed in the 2008 session. Thereafter we also identified several regional initiatives. 1. $1.7 million operating funds for the training of correctional officers in anticipation of the opening of the new regional jail. The regional jail is scheduled to open in March 2009 and approximately three months of training for up to 190 new correctional officers will be required before it opens. The State typically commences its funding with the opening of a new facility. Since Franklin, Montgomery, and Roanoke cOLlnties will keep their existing jails open (functioning in effect as "holding facilities"), the hiring and training of new correctional officers will be necessary. We hope to convince the Governor to include this amount in his budget; however, if he does not, we will then request the members of the local delegation to patron and support a budget amendment for this purpose. 2. Funding for mental health services under the Comprehensive Services Act (SB1332). This legislation (which was co-patroned by Delegate Fralin) and an opinion of the Attorney General substantially expands the pool of children eligible for funding for mental health services. We are concerned that by expanding this pool of potential eligible children that the budget dollars will be insufficient to satisfy the demand for services. The Governor's office is developing regulations to implement the legislation and the Attorney General's opinion. The State pays a percentage of the cost of mandated services. There is concern that State funds will be insufficient and that the localities will be required to shoulder a significantly greater share of these costs. Senate Bill 1332 will become effective only if it reenacted by the 2008 Session. 3. Funding for pre-kindergarten education. This may have significant operational and capital fiscal impacts on Roanoke County. The General Assembly must provide local governments with the resources necessary to adequately meet the requirements of this new program. 4. Homestead exemption constitutional amendment (SJ 354) and its adverse impact upon local governments and education. Staff previously briefed the Board on the adverse fiscal impacts if this Constitutional amendment were adopted. It is recommended that the General Assembly reject this proposal. 5. The General Assembly should fully fund its unfunded liabilities in the Virginia Retirement System and restore VRS to an actuarially sound status. 6. Support for funding of a joint venture of Carilion and Virginia Tech for a medical school and research institute at the Riverside Corporate Center in the Cty of Roanoke. Roanoke City and the Alleghany Regional Planning District Commission have recommended that the General Assembly provide financial support for the construction and operation of a new medical school and research institute in Roanoke. 7. Annexation Moratorium. Even though Roanoke County has been granted total immunity from city-initiated annexations, this issue arose as a result of the Governor's veto of a bill extending the statewide moratorium on city-initiated annexations or the creation of new cities. We believe that it will be necessary to closely monitor this issue in the 2008 Session. 8. Impact of the transportation legislation (HB3202), and its effect on road projects and funding in the Roanoke Valley. In addition, we would seek funding for the widening of 1-81, construction of 1-73,and improvements to U.S. Routes 11/460, 220, and 221 9. Support for $100,000 funding annually for three years to celebrate the 75th Anniversary of the Blue Ridge Parkway in 2010. The State of North Carolina has already appropriated funds for this celebration. The Blue Ridge Parkway is requesting the Commonwealth of Virginia to do the same. 2 10. In 2002 the General Assembly passed a law that gave Payday lenders an exception to state laws that capped interest rates that banks can charge on most loans at 36 percent. These lenders do not have to meet the same standards and regulations that other lenders must follow. They charge on average 386 percent on small, short term loans. The General Assembly should repeal the Payday Loan Act and cap interest rates on such loans to no more than 36 percent 11. Roanoke County is requested to support the designation of a driving route to be called the Wilderness Road: Virginia's Heritage Migration Route from Winchester to Cumberland Gap including two spurs of the Carolina Road and the Fincastle/Cumberland Turnpike. This driving route is being developed to promote the history, heritage and culture of the early pioneer settlement and migration through Virginia and the role that Virginia played in this migration and the development of our nation. This designation would help develop a new tourism product to increase economic growth and tourism spending in the region. STAFF RECOMMENDATION: Staff recommends that the Board review the draft resolution for additions or deletions, and adopt a resolution identifying Roanoke County's legislative program for the 2008 session of the Virginia General Assembly. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, DECEMBER 18,2007 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2008 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2008 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2008 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2008 session of the Virginia General Assembly for its favorable consideration and adoption. 1. $1.7 million operating funds for the training of correctional officers in anticipation of the opening of the new regional jail in conjunction with Franklin and Montgomery Counties and the City of Salem 2. Funding for mental health services under the Comprehensive Services Act (SB1332 in the 2007 session). This legislation substantially expands the pool of children eligible for funding for mental health services. By expanding this pool of potential eligible children the budget dollars will be insufficient to satisfy the demand for services. The State pays only a percentage of the cost of mandated services. State funds will be insufficient and localities will be required to shoulder a significantly greater share of these costs. Senate Bill 1332 will become effective only if it reenacted by the 2008 Session. The General Assembly must provide local governments with the funding necessary to adequately meet the requirements of this expanded program. 3. Funding for pre-kindergarten education. This program will have significant operational and capital fiscal impacts on Roanoke County. The General Assembly must provide local governments with the resources necessary to adequately meet the requirements of this new program 4. Homestead Exemption Constitutional amendment (SJ 354) will have an adverse impact upon local governments and education. The Board requests that the General Assembly reject this proposal. 5. The General Assembly should fully fund its unfunded liabilities In the Virginia Retirement System and restore VRS to an actuarially sound status. 6. Support for funding of a joint venture of Carilion and Virginia Tech for a medical school and research institute at the Riverside Corporate Center in the City of Roanoke. Roanoke County, Roanoke City and the Alleghany Regional Planning District Commission have recommended that the General Assembly provide financial support for the construction and operation of this new medical school and research institute in Roanoke. 7. Annexation Moratorium. The Board requests the General Assembly extend the annexation moratorium. 8. Transportation Funding. The Board requests the General Assembly provide funding for the widening of 1-81, construction of 1-73, and improvements to U.S. Routes 11/460, 220, and 221 9. Blue Ridge Parkway 75th Anniversary Celebration Funding. The Board requests the General Assembly to provide $100,000 funding per year for three years for the Blue Ridge Parkway 75th Anniversary Celebration in 2010. 10. Payday Lending. The Board requests the General Assembly to repeal the Payday Loan Act and cap interest rates on such loans to no more than 36 percent. 11. Wilderness Road: Virginia's Heritage Migration Route. The Board supports the designation of the Wilderness Road: Virginia Heritage Migration Route to include directional signs along the corridor to direct tourists along the driving trail and to the Roanoke Valley Visitor Information Center, and it supports the development of a national and international tourism product to increase visitation to western and southwestern Virginia. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Ralph Smith, Delegate H. Morgan Griffith, Delegate Onzlee Ware, Delegate William Fralin; Stephanie Moon, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the 2 Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley- Alleghany Regional Commission, and the Virginia Association of Counties. 3 ACTION NO. ITEM NO. 0-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Request for authorization to execute a Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Bogle Field SUBMITTED BY: Pete Haislip, Director Parks, Recreation and Tourism Elmer C. Hodge ~ ~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: In 2007 the Roanoke County School Board installed artificial turf on the Bogle Stadium athletic field at a cost of approximately $825,000 to support the increase in play resulting from the sharing of this facility by two high schools. The installation of artificial turf also allows new use by community sports programs. To ensure that the facility is used and maintained in the appropriate manner and to provide for the long term replacement of the turf, the School Board and Parks and Recreation staff developed the attached Memorandum of Understanding. The Memorandum of Understanding provides for specific times during specific seasons that the Bogle field will be available for use by the sanctioned Roanoke County sports programs, and outlines specific policies and procedures governing this use. The agreement requires that Roanoke County pay for site supervision and field lights, based on the actual number of hours used by parks and recreation. In addition, the agreement requires the Board of Supervisors to appropriate $25,000 per year to a restricted account for the sole purpose of turf replacement. This agreement is subject to review on a yearly basis. The Parks, Recreation and Tourism Department supports this agreement as access to the site will add a great deal of scheduling flexibility to our programs, will help with the ongoing maintenance of existing turf fields, and be an exciting opportunity for our youth, county wide. FISCAL IMPACT: $25,000 will need to be appropriated to a restricted replacement account beginning with the Fiscal Year 2008-2009 budget; and an additional $2,560 per year will be requested in the upcoming budget to cover the increased cost for lighting ($1,000) and site supervision ($1,560) for use by Roanoke County Parks, Recreation and Tourism. ALTERNATIVES: Alternative 1. Authorize the County Administrator to approve the Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Bogle stadium in substantially the form presented here. Alternative 2. Do not authorize the County Administrator to approve the Memorandum of Understanding between the Roanoke County Board of Supervisors and the Roanoke County School Board for the community use of Bogle stadium in substantially the form presented here. STAFF RECOMMENDATION: Staff recommends approval of Alternative 1. 2 Memorandum of Understanding between Roanoke County Public Schools and Roanoke County Parks, Recreation and Tourism Regarding use of Bogle Stadium facility This agreement made and entered into this (date) by and between the Roanoke County Public School Board and the Roanoke County Department of Parks, Recreation and Tourism (County) regarding the scheduling, maintenance, and general use of the Bogle Stadium facility at Cave Spring Middle School. The Roanoke County School Board, as owner of the land and facility, desires to ensure that the facility is used and maintained to meet the needs of the schools' programs and to provide for replacement and maintenance costs accrued through use of the facility. All parties to this Agreement understand that primary access and use of this facility shall be for the schools' educational and athletic programs, and accordingly, the schools shall schedule their games, practices and other activities and use of the facility. The Roanoke County Department of Parks, Recreation and Tourism requests access to the facility at times not scheduled for use by the school programs. These "points of understanding" are part of this agreement: 1. All individuals and/or groups using the field will agree to abide by the rules specifically developed for the facility as well as other Roanoke County Schools' policies. This agreement will include the responsibility to clean the facility after use. A copy of this agreement is attached. 2. Use of the facility by any Roanoke County school supersedes all other scheduled use. i.e. In the event of other Roanoke County schools' events being postponed by weather or other circumstances, Roanoke County Schools reserves the right to schedule "make-up" events at the Bogle facility, requiring the relocation or cancellation of scheduled use of the facility by other groups. 3. Turf replacement costs, when needed due to "normal use," will be shared by the Roanoke County School Board and Roanoke County Government. Beginning July 2008, an annual contribution of $ 25,000 will be made to a School Board reserve account by both boards. This account will be restricted to future turf replacement expenses at Bogle field. 4. Maintenance of the field is the responsibility of Roanoke County Public Schools. The facility's use and maintenance will be supervised by a Roanoke County School Board employee or approved personnel. The County agrees to reimburse the School Board for a portion of this employee's salary based on the actual number of hours used by the County x the hourly rate of that employee. Reimbursement shall be made on a monthly basis. 5. Approved use of the field lights may require additional costs to the user to offset the energy costs associated with illuminating the field. The cost of burning the field lights is $25 per hour. 6. The schools will provide to the Department of Parks, Recreation, and Tourism a schedule of times available for County use. The schedules will be provided as follows: by July 15 for the fall season; by March 15 for the spring season. 1 7. Changes to these schedules will be communicated to the County as soon as possible. 8. The field would be available for the County when not scheduled for school use. The schedule of availability of the field would be specified by season and confirmed each school year. Fall season: from August 1 through November 15, the County would have access to the field on Saturday afternoons, Sundays, and Mondays. Access would also be available in the evenings (starting at approx. 6:00 pm) when not scheduled for use by schools.) Spring season: from April 1 to June 30, the field will be available to the County on Saturdays and Sundays and on a minimum of two weekdays from 6:00 PM until 10:00 PM when not scheduled for school use. Other weekdays will be available subject to school schedules. Off season use, winter and summer, will be scheduled on a per event/program basis subject to the policies outlined above. 9. County use will be limited to regular parks and recreation activities. Rental use agreements must be with R.C.P.S. 10. The County will provide R.C.P.S. with a schedule of their activities for approval. 11. Roanoke County will maintain appropriate insurance to cover both injury to persons and damage to the property during Parks and Recreation use of the facility, including the following: · Certificate of Insurance naming Roanoke County Public Schools as an additional insured. . The certificate holder should be listed as Roanoke County Public Schools, 5937 Cove Road, Roanoke, VA 24019. . Minimum insurance coverage to include: 1. Worker's compensation with statutory limits, 2. Employer's liability insurance of $500,000 for one accident, 3. Commercial general liability covering bodily injury and property damage to the facility of $5,000,000 per occurrence and per person, and 4. Automobile liability of $5,000,000 per occurrence and per person. 12. This agreement will be reviewed annually and amended as deemed appropriate by the Roanoke County Public School Board and the Roanoke County Board of Supervisors. Roanoke County Public Schools Roanoke County Board of Supervisors Date: Date: 2 ACTION NO. ITEM NO. ~-tf AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Acceptance of a Grant in the amount of $57,000 from the Virginia Department of Conservation & Recreation for the Walrond Park Trails Project SUBMITTED BY: Lon Williams, Park Planner Pete Haislip, Director of Parks, Recreation and Tourism Elmer C. Hodge ?t:--- fley County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: The Commonwealth of Virginia Department of Conservation and Recreation (DCR) awards competitive grants to localities and other organizations through the Virginia Recreational Trails Fund Program for the purposes of providing and maintaining recreational trails and trails-related facilities. The Virginia Recreational Trails Fund Program is a reimbursement grant program funded through the Federal Highway Administration (FHWA) under The Safe, Accountable, Flexible, Efficient Transportation Equity ACT: A Legacy For Users (SAFETEA-LU). A grant in the amount of $57,000 was awarded to the Department of Parks, Recreation and Tourism to assist the Department in the construction of a new walking, hiking and biking trail system at Walrond Park in the Hollins Magisterial District. As a reimbursement program, Roanoke County should be capable offinancing the project while requesting periodic reimbursements. The program requires a 20% (minimum) matching share from the project sponsor. FISCAL IMPACT: Grant funds of $57,000 will be appropriated for the project. It is anticipated that a portion of the work will be accomplished with crews from the Department of Parks, Recreation and Tourism. This in-kind work is estimated to be worth $24,040. ALTERNATIVES: Alternative #1: Accept and appropriate the Virginia Recreational and Trails Fund grant of $57,000 to the Roanoke County Parks, Recreation and Tourism department. Alternative #2: Decline the $57,000 Virginia Recreational and Trails Fund grant. STAFF RECOMMENDATION: Staff recommends approval of Alternative #1. 'fJ~ ~~ ~J/ ~~ )>,~~~, ~" J" '< ~~ 0 (~ 1.'~ ~ ~ YJ/ ",..~ ~~~ (p ~> ~ (( ,-, ~~?," '~" 1; " .<<.n.- ""'~~ ~ ( .~ '" ~~ ,PARKING ~ ~.. ............ .-/:SY ~{ II, ~ ~ --,>,,~ '" "., '" ~~ ~ ~ ,~ ' . " ,..... \'-- V /L. ~ ~ 'f to T. * ,;,l J/ ~::::-: I n:.. -/r-- 0 ~J&9~ '" ~-~Q~ H I//;, ~ ~., 4 '0852 I'ff}~ / / gj--, '/ 0( ..r.": \l .\ "1/ ..... to 'VUV )( ~ ---;;- jff v:j~ )) - ~ )( ~ 'WE" r 1 "". · ~ -1/ :1'1~. /,jj ~f - APPR<)q<'~~ ' ! ' ~WJJ ~ " :;:~~ OF " ""'::':/!? ::----:::::: ~ ~ nA ~ ~ ~ 1\" ~ NI IJ ~"\ ~ ' \ ~ J- "', "'~" Httut'''' '" 'j.j ~ ~ ~ '0" c;''',,~.A' 0 'I" Ii? /, '" )('. IG/ '~~~~~~~~gjJ~ , I VIA ~....~.."'" =:: 0 ~ \~E D ~ . 1076.8 ~ .. '/." ................ . .'%....... '\ LoU ~::::::-KA~ )( :.'"' .,,:~. .,,~2:W<:.:/~;A~ ..j(~Z~ " 1--. I I ""I ~ ~rf3: ~ ~Yf; .~ /!'; P XI Ii I 'hr~ U; - i I. $ ~ CJ\1 I/,^r~ L~'V' ~~ ~~ 4 ( I ~ "":'1 ~'/ -. ~ ~ Or! /Jh\l~~~~,F IN''"''?, :" l 0 ~ ~~ 'i(1'" "RIDG ~ ~ ~ I"" I< (/ I " ~ \ ~ ~,.. ,,~\ ()' <," ~ ~ ' '^-"A OF Ii" ~ ~ ~~~"'I ~~, ~~l:,~OU ti~ ~ ~.~\ ~~ )'\" ~ :--,<~/ ~~ "" s 'ELOCA~ R'~Z ::.~ r V~ \. OVER FING L .:;. )'Q.. 2::2~ ~ ~ ~ 11 :~. \ (THREEL~' '-' .~ ~ ,\ ~.\\\\ ~ ~. ~ ~ .-; \ -:. i{.'\ ~~\ ;; Ir ~ ~ " ~1"0."1-.. S m ~ ~ n - /'/""""" Q~ Roanoke ~~ County I I ~ Recreation and Tourism SCALE: 1" = 200' 2/06/07 SITE PLAN o 100 200 400 FEET WALROND PARK WALKING/HIKING/BIKING TRAIL PROJECT ROANOKE COUNTY DEPARTMENT OF PARKS, RECREATION AND TOURISM ACTION NO. rrEM NO. F/-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRATION CENTER MEETING DA-rE: December 18, 2007 AGENDA ITEM: Requests for public hearing and first reading for rezoning ordinances; consent agenda SUBMITTED BY: Philip Thompson Deputy Director of Planning Elmer C. Hodge c /I County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions; rather, approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. -rhe second reading and public hearing on these ordinances is scheduled for January 22, 2008. The titles of these ordinances are as follows: 1. The petition of Matthew A. Lester to obtain a Special Use Permit in an R-1, Low Density Residential District, to construct an accessory apartment on 4.36 acres located at 6678 Wellington Road, Windsor Hills Magisterial District. 2. The petition of James Privitera to rezone 0.92 acre from AG-1, Agricultural/Rural Low Density District, to AV, AgriculturalNillage Center District, to construct a Fine Arts Studio business located at 2222 Wildwood Road, Catawba Magisterial District. 3. The petition of Grant Avenue Developn1ent to rezone 0.943 acre from R-2, Medium Density Residential District, to C-2, General Commercial District, and to obtain a Special Use Permit for a drive-in and fast food restaurant located at 7515 Friendship Lane, Hollins Magisterial District. Maps are attached. More detailed information is available in the Clerk's Office. 1 STAFF RECOMMENDATION: Staff recommends as follows: 1. That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for January 22. 2008. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item(s) 1-3, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. 2 .,...'t'].J~Y,. ".,L ~.' .... .... ,:,... .;.-.:;.:..:a , t . l"'" .... ,... -.. .....'t:. c.:' -~i~"'~ ~~<\IlZ;J~ ~ ,\~~ ~c ' . ... 1.H~ 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772..2068 FAX (540) 776-7155 pz- County of Roanoke Community Development Planning & Zoning Case Number ALL APPLICANTS Check type of 1ll?pHcation filed (check all that apply) o Rezoning B'Spccial Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Revie\v Applicants name/address \"fzip N1Q-H~ew A. Lesnr "&1=re We ".,,~.n,^ R oa.J.. Ro r\ 'VI;J. b J ~ Phone: Work: Cell #I: Fax No-: 5Y 0 - C} B<<1 - Gb ~L, ~~Q- '4&a. - D~ 'J~ 0" .5'3':1- O~'i 51./0 - q ~ q .. s ~ 8 r O\vner~s name/address \\'/zip S~Me as ~bo\le Phone #: Work: Fax No #: Property Location ""tC6 W~ I' i a.,. ~ f.b "" R. 0 It J R.Ot1t\o~ VA' ~~O I ~ Tax Map No: sS. 0 ~ - f.e, Size of parcel(s): ACles: r., 4 '3 to Magislcl ial Districl: vJ, .,d. S (j f \.1. t l \ S Community Planning area: Exisling Zoning: ~ ~ Existing Land Use: 5.. n , e Ft:t r\\ ~ 1 REZONING. SPECIAL USE PERMIT, 'YAIVER AND COMP P.1.AN (15.2-2232) REVlElf' APPLICANTS (RJS/W/CP) Proposed Zoning: ~ 1.., SF' ec i ~ I U ~ e P f!.( M ~+ Proposed l.and Use: A cc.f! SS Q" Il ~ r + ~+ Does the parcel meellhe minimum lot area, \\'idlh, and frontage requirements of the requested district? Yes yo- No IF NO, A VARIANCE IS REQUIRED FI~ Does the parcel meet the minimum cr"iteria for the requested Use Type?~ No IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered \vith this request? Yes No VARIANCE, 'JlAIJlER AND ADJt1/INlSTRA rIVE APPEAL APPLICANTS (V/lY/AA) Variance/Waiver of Scction(s) IV / 11- or the Roanoke County Z.oning Ordinance in order to: . Appeal of Z.oning Administrntorts decision to /rJ I~ Appeal of Interpretation ofScction(s): N,q oflhe Roanoke County Zoning Ordinance Appeal oflnlerprelalion of Zoning Map to Is the application complete? Please check ifcnclosed" APPLJCA TION WILL NOT BE ACCEPTED IF ANY OF TliESE ITEMS ARE MISS1NG OR INCOMPLETE RlSl\V/CP V/A/\ 1t'S^VfCI) V/AA RlS/\V/CP VIA A ~ Consullation ~ 8 1/2" X 11ft concept plan ~ Application fee Application I-' I( Metcs and bounds description ~ ~ ProlTcrs. if applicable Juslification Water and sc\veJ' application Adjoining property owners I hereby certify thUll nnl eilher the owncrorthc9ftro Dr the o\'mcr's ngent orcontruct purchaserund om acting \vith the knowledge and consent of the O\Yner- - I~ 4 '-/' . --.~ ~ .~"" O\\l1Cr'S Signature 2 -., - JUST,FICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2..2231) REVIEW REQU~STS Applicant M G\ +the w 1/, Lfl- $ -I-e.r The Planning Commission \vill study rezoning, special use permit \vaiver or community plan (15.2-2232) revic\v requests to determine the need and juslincation lor the change in terms of public health, safety, and general \velrarc Please ans,ver the follo\ving questions as lhoroughly as possible. Use additional space i r necessmy Please explain ho\v the requcsl furthers lhe purposes of the Roanoke County Ordinance as ,"ell as the purpose found at the beginning of the applicable zoning districl classificalion in the Zoning Ordinance litiS a.ccesso"'y J~rCll~e qpo.r+I\-\el"\+ t.v; It be tvr- 'ft...e. v S e ~ f. ~ V h..t.t V'l.cJ. ; CC\ P P ~ d -tt:l\-+h e t' i h - fq.... h.a.. + I 5 Co ..., h I"\. e d -1-0 a. tV hcte I ~; r. '"rh.i S ~ G\ ("fA ~ e ~~(.flt-t"...f ",(,\\ be. o\e.~;jt'\ed. -1-0 mee+- "';S Spe.c..,'al hou";"'9 nee 01 s ro (" CL 5 ; VI 1 ' e. h ~ V'\d ., CQ p P e d p e.r S 0 YJ . Please explain ho\y the project conforms to the general guidelines and policies conlained in the Roanoke Count)' Community Plan This ~cce.SSt)r V apo.{+""'-(n+ ""l\ be. Ibc~+-ed i t1 CA t'\ 0. +l-A~e d j o.'C4.~ e . fV\ 'I },,+ S; ee is <<j r~c::t t-e.r ~tt '" '3 c:lc:=r~SI a ~tf.+ IN \ l\ be I D cea.+e.& kJh(re it LO"'- p J i e S IN jfi..,. ~ I , 5~+ ho.. (...Ic. req l.I i""e~e"" ts. [he. pr i f\.cj p tJ..( dwe IIi ~., ; ~ Q.S-,..-,ft. 'the acce~Sory qpa.rfl'nen+- is JrePr.+er- ~&tr\ 3oo-P+ '2 q~d less ~ I, 00(;) +t ~ 1he. qp~r~",-F- Iv: / I be --fh e. D h IIf qCGe..SSOfY a P4t'~(e",,+- jIJca.+ed 0'" '-!he prtJp~"'+y ttvltere!. I- rt.s;de. ::C-f wilr a.v~ aYl ex+et" ibr en~A.1'\ c:.e ,^,I~ L art\9e' be 10 f,J.. The. A~~ 1ft.... dt.PQ"~ e,,+ 4" .. C C r r+1'h.e- 1: Please describe the impact(s) of the request on lhc properly ilself, the adjoining properties, and the surrounding area, as \vell as the impacts on public sel'viccs and facilities, including \""Dterlse\ver, roads.. schools, parks/recreation and fire and rescue. Jhe P('Ofos~d i ~ p~ c + Ot. V\ V 0 f OlCc-es6ory ap~(~"'+- would nor '/-f...e C;ub~et...+s fished ctbove.. 3 October 26, 2007 Department of Planning and Zoning 5204 Bernard Drive, SW PO Box 29800 Roanoke, Virginia 24018 To Whom It May Concern: I am writing this letter to request a Special Use Permit for an accessory apartment. I am in the process of building a garage on my property at 6678 Wellington Road in Roanoke County. My builder actually obtained the building pennit today and construction will begin next week.. I am requesting a Special Use Permit to finish an accessory apartment in the open area over the garage that is currently being built. This apartment will be used by father in-law who is handicapped and confined to a wheel chair~ The open area over the garage will provide an area large enough to accommodate his needs. We are planning to install a chair lift to make it possible for him to occupy this area. Our primary dwelling, that we are attaching tIle new garage to, does not l1ave any bedrooms on the ground floor, or access to the upstairs area., Besides, we do not have any extra bedrooms available.. Thank you for your consideration of my request for a Special Use Pennit for this accessory apartnlent that will allow my family to accommodate a handicapped family member. Regards, /11{~/(. 4- Matthew A. Lester 1>! ~ II~. ! ~ 1 I I I\:) I is i I II I , ~ r--------------------------_____, t I I i I I I f ------t I I t , I I I I I I I I I I I '. I . _. .:>" '>I-.(~' ~ .' (: ') -:-< ':'+":.~ ~> I c: I /-,; ( ~) ~ L _ I Dg-o I f I I I I i. . ." - .... ._. - _. - ....... .. - - -_ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ . J LESTER RESIDENCE rtIINC[1DI -- IDT WlQU. 14' ..... .... · [(J~r! I >Im II .. 1I=:;a III .,~ ul ~ qilf\.,q,~~Jn I~ r:t d, Il' Is W 'to-.. .ID Illi ~'II i Ij ...l. H ~i i u I ~ I ~I ~ ~ I ~ 6~1 n~ -t~ ~ ~I LESTER RESIDENCE PIlICtnIN - 101 \fUIIA rlllm!lllI([::~-: I} I ~; ~ j :...-.._.~,-~'-~::-- ;-;-~;;-:~;"="'"f?: -:..~;-~ ;~~ ~~-=_ \ ; I \ I l ~ I I I: ! 1 ~ I J _ .. .. ~'1 ~-.... _-_-.:~_:~-~~~~~~~ ~_~~:::~::~~~:.:.:.~t: ~-:~-..-:-1,.~1 ...... ~ I ~ Iii ~~di 15 m II Lf ,1,- \JIlt J: OJ Ili' f\.~"1ft~ )11111 ~ II L::::J c::~jll I ~ Ifb Nll1 Af)4DSYOl '&08 ..!J SulVe, Map eIROft......k.';:~~IRd = ~ =_ . tlloo1Y ;;.. lIndIr SUntrUat UartU8mt Sti.t~ VA ~ ~ 2AOt~~1~ ~ ,-~ .s:r.~ . . fl. .' _ at. _ _ '_.. "';.'7' ~ & , ~A4'T "6 \ ~~.It. ~ ~ V""-:;'" ~##."A ~ ....M.P'.I.t~6MS"NT ~..~ $UA V<<)' ..-lUlI!t ~ ~ Ai&.fIM44..&t ......,......,~. I~: ~ ~ ::;r;,oNfA4,y Co ~..I'...v~ ~ ~ ~G"" W'",UN41'I"PN RoA'b .,~ '.~ TRA4r Jtt: A!JI"~o (Aroft) ~ 1.1.-t.-... ~ ' .J:I.....:r "'Dblr.~~A.;t~. ~.~t1Nitn BIN · --t" ~~~ .N~ Af4t~~"7~A!IIlIt. r.I"~ ~idIJIIJil" ".uAlr~ """~"'NllM ... ~ _~&.,.",...,..r 'l';' Il"Y",.. ~~, ,~~a:J ~~~ .fltl.ANNI:R8'~s.e~.SUfWeYORS' 1208 (;OAPOAA1'E CIRCU:, ROANOKe. WRBfNIA 772-iSSD TA~C!r f" FonnAtAP S~~ITOTAL 1m' ~ndow$. ~aJ softWare br a b modD,InC. - ,..aOO.A1AMODE Gd WdB(:20 L00G 9Z "+~O 9~8~-t8~ 0vS: 'ON X~d WOC:j..:l Adioinine: Property Owners Richard and Pat Davis 6655 Wellington Road Roanoke, VA 24018 Bob and Lucette McCoy 6654 Wellington Road Roanoke, VA 24108 John and Maria Conley 6620 Wellington Road Roanol<e, VA 24018 l CONCEPT PLAN CHECKLIST ] A concept plan of the proposed project must be submitted \vith the application. The concept plan shall gmphicol1)' depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request In such cases involving rezonings, the applicant may proffer conditions to limit the fulure use and development of the property and by so doing~ correct any deficiencies thal may not be manageable by County permitting regu Jut ions, The concept plan should not be confused \vilh the site plan or plot plan that is required prior to the issuanceofa building permit Site plan and building permit procedures ensure compliance ,vith Stale and County devclopmenL regulations and may require changes to the initial concepl plan Unless limiting condilions are proffered and accepted in Q rezoning or imposed on a special use permit or variance. the concepl pl"n may be altered to the exlent permitted by the zoning district and othe. regulations. A concept plan is required ,vilh all rezoning, special use permit,. \vaiver, communit), plan (15,2..2232) revie\v and variance applications, The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request The County Planning Division stafr may exempt some or the items or suggesl the addition or extra ilemst bUllhe follo\ving are consider cd minimum: AL.L. APPLICANTS V a. Applicant name and name of development -L b Date, scale nnd north arro\\' L c. ~d v"'e. -L' f. -1L g Vh ~. _ 1. Li. L.ot size in acres or squat e feel and dimensions l.ocaliont names of owners and Roanoke County tax map numbers of adjoining properties Physical reatures such as ground cover, natural \valercourses, floodplain, etc The zoning and land use of all adjacent properties A II property lines and easements AJI buildings, existing and proposed, and dimensions, floor area and heights L.ocationt ,vidlhs and names of 011 exisling or platted streets or other public \vays \vithin or adjacent to the development Dimensions and locations of all drivc\vaYSt parking spaces nnd loading spaces Addi/ional in/orIlla/ion leqllired for REZONING and SPECIAL USE PERAf/T APPLICANTS ~k v"1. ~m. ~n ~o. t!kp. 1'1/!1 q. Existing utilities (\vater, sc\ver, storm drains) and connections at the sile Any drive\vays, entrances/exitst curb openings nnd crossovers Topography map in n suitable scale and contour intervals AppJoxinlate street grades nnd site dislances at intersections Locutions of all adjacent lire hydrants An)' proficred conditions allhe site and ho\\' they are addressed If project is to be phased. please sho\v phase schedule 1 certi fy that all items required in the checklist above are conlplelc t JI/IlMxtM/ 4. ~ Signature of applicant ID12~/br Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL lJSE PERMIT PETITION PLANNING COMMISSION ApPLICA liON ACCEPTANCE PROCEDURE The Roanoke County Planning Comlnission reserves the right to continue a Rezoning, Subdivision Waivert Public Street Waiver or Special Use Permit petition jf new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that su fficient time was not available fOf planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional jnfonnation prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall a.llow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission" The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note. a list of potential land uses and sill/ations lha/ li10uld necessitate further slud,y is provided as parI of this application package). This continuance shall al10w sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic inlpact study and to provide written comments and/or suggestions to the planning staff and the Planning Comm ission~ I f a continuance is warrantedt the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 M.Cl~e.W A. Les fer Name of Petition 7Z1~ If. ~ Petiti oner's Signature JO/~~/(Jr Date ~OAJ'.J~)f. f'3/,.fiil r,. f ~ ,tiat~-~i~ ~~.":'-::.r~~~~ ~;~ O'~~71~~'~ ~f.s- v....~t. f. · 1833 Roanoke County Cotrlmunity Development Division of Planning and Zoning Roanoke Times leasl Advertisement Fee Information Applicant: M"tt'-'e w A · Le s nr Date: 10/2b/O f- , This is to notify you that the Planning and Zoning staff wilt prepare your legal ad and email it to The Roanoke Times. Please call The Roanoke Times Legal Department @ (540) 981-3416 to set up payment for the ad prior to the deadline date stated below. Payment Deadline Dates: PC: BOS: Variance: Admin. Appeal: If payment is not made to the Roanoke Times prior to the deadline date, the ad will not be run and the application will not be heard at the hearing" 7 _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighborhood Conservation _ Transition _ Core _ Principal Industrial - Applicants Name: Matthew A Lester Existing Zoning: R 1 Proposed Zoning: R1S Tax Map Number: 85.02-01-36 Magisterial District: Windsor Hills Area: 4.36 Acres 2 Novemberl 2007 Scale: 1" = 300' Roanoke County Department of Community Development < tQ 4,0 ;z. <i ~ z ---- t UN812 Ry - ~ \ l------- I Site .. A ~ - - V ~ ~ ~ X~ ^^" x"" XXA xX ZONING \ , (\ / A \ \ yX\. .AG3 .EP .AG1 AR / .AV C1 .C2 Q . C2CVOD 11 t&J.j 12 .PCD PRD c~~ .PTD ?\t~ ss~ R1 1..1. R2 R3 ~ R4 Roanoke County Department of Community Development - Applicants Name: Matthew A Lester Existing Zoning: R 1 Proposed Zoning: R1S Tax Map Number: 85.02-01-36 Magisterial District: Windsor Hills Area: 4.36 Acres 2 November) 2007 Scale: 111 = 300' County of Roanoke Community Development Planning & Zoning For Staff Use 0111 5204 Bernard Drive POBox 29800 Roanoke. VA 24018-0798 (540) 772~2068 FAX (540) 776-7155 ReCeiv.~ 7iJ-1 Appli ion fee: "i 1S-. 0 d PCJBZA dale: Placards issued: BOS date: Case Number o 2- - D I( 2. ~& 8' ': ::.:.: '. I . . ,;: 5\ ~~ ~c ::"i:,:~:~'hi;:i'; .. 'j " i;: ' .: .. ' .. '; '. 0( ~, . :~1t.,E~;jJ2:iq~;~';:':-:: f:;'?:i'J::::'::::t::':;::'::::;/;',;':,;i~~:!?A;::~;;..~~\;,',,~f::}!:i'~}J)',:;'1::;,<i\':"'?:::':, ::,:": 'J:::::;,:',: :\::;:::t~;:~ ";\,,~:;:: , ._~ .-.- . ChJCk type of application fiJed (check all that apply) B'Rezoning 0 Special Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15,,2-Z232) Review Owner's name/address whip ( C "..",~) 14"; 1-., CA111 ,l"c--t~ 222.2. (.,Urt'.{....,,,.:1'/ JW S;;~/i 1-1 1/11-- "2':llj-':; Property Location 2 2 2 2. Lv;' .( u) ,?~ d ,Wi Phone: Work: Cell #: Fax No.: Phone #: 6- 0/ 0 ) j" 2 q - 7 8 Y.3 Work: Fax No, #: & 'I ~) ..:. '{ L( -3 J'""'1/ (/1/"1 L-/q/.. 2..673 Applicants name/address w/zip .Jal11e So P r;vJ~,V"i;.- 2-.3 I a C", ,r',;)/ j"'.... 11-J-<- Ii:. ""' ., t?lc-e V tr 2 l.f OJ't Magisterial District C ~ T ft...J /3 """ J " I..J ,..., II 11- 2. 't I ~.J Community Planning area: C ~J ,., L.' DIl Tax Map No..: blf<lo7---61-"1-0 Existing Zoning: /.}GI Size ofparcel(s): Acres: ' ~l 2... Existing Land Use: R t! I i I r:', ~ J4 C:,S C'.._ b f. ;mqiJfif~~;_~fg(jM;;'f;si J.~iW!t,':ikJfi!j:~:JNP..:~q$1jR1.'iW~~,~~~j:~ii:'~t!1iJi:"~r>>i'!~1NT~JW$1W1~~t:;i;:;: /1- V /:.< " :',>~ Proposed Zoning: /<" .' _ '.' Proposed Land Use: r-l '" ~ ~ r h ~ +-,~ ..i.", .f<.c!' Il c i l7.".... 19 ~1 r ~1 6 / .- ,"'- I '..) Does the parcel meet the minimum lot area, width, and frontage requirements of the requested dis1f,icl? Yes I1V"' No 0 IF NO. A V ARlANCE IS REQVID.ED FIRST. k' Does the parcel meet the minimum criteria for the requested Use Type? Yes er-- No 0 .\~; IF NO, A VARIANCE IS REQUIRED FIRST .' If rezoning request, are conditions being proffered with this request? Yes 0 No 0 \ ,;~~f~~~twJl~~..~:fiP.~#.tM.r~~{~f~~H~~::~$!#J..':!~;f;:"';':~;:J:!:~:,>::~,:';:,:,;:.',i;;(t,;~)tf.;:r~i:2\'!\\'f\~::~t))j;:);,;': '* ~:o..O ~ r5'~~ ~f$,~ "'. ~ c,ra ~~~$ C!J..... <S <if r-; 'J :,; " ~"t> Variance/Waiver of Section(s) }/IJ- of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR JNCOMPLETE. P VIM RlSfW/CP V/AA Consultation 8 1/2" x 11" concept plan ~ Application fee Application Metes and bounds description Proffers, if applicable ./ Justification I). Water and sewer application .....,.. Adjoining property owners I hereby certify that I am either the owner of the property or the ow's agent or contract purchaser and am acting with the Imowledge and consent of the owner Owner's Signature ~ ~ jO(#rLY4.... Ire-..- 2 JUSTlFICA nON FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2132) REVIEW REQUESTS Applicant .J ClWle~ ,f> (" I V Ire 1/''''- The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if nccessary. Please cltplain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning ofthe applicable zoning district classification in the Zoning Ordinance. "The purpose of the A V, agricultural/village center is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas ofthe county..." Initially the space will be used as a personal fine arts studio. [anticipate opening the studio in the future fOf small classes and for other potters to use. As such the property will provide a reSOUrce for local citizens to develop artistic skills and an outlet for their creative endeavors. A second part ofthis proposal is to lease the upper area for a small religious assembly. I would hope to find a church in the community with this need. This would offer the community a continuation of the current use, but on a smaller, lower impact scale. Please explain how the project confonns to the general guidelines and policies contained in the Roanoke County Community Plan 1. The property is designated as rural preserve in the Roanoke County Community Plan. 2. The use description, in part. discusses regions, which are stable..... to preserve agricultural, forestal, recreational and remote rural residential areas. 3 Rural institutional land uses encourage the development of community resources such as this proposed use. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. 4. The impact of the proposed studio is less than that of the current use. The existing church has a large Sunday service and a large Bible study group on Wednesdays. There are additional smaller meeting of parishioners during the week. The existing church has over 225 members, many of whom drive to the church to attend services. All of the parking areas are filled during the services. 5. In the proposed studio five to fifteen cars are anticipated for three sessions weekly, each of about three hours duration. 6. The proposed rental for religious assembly is anticipated to be considerably lower than the current one. It is my plan to lease to a church with a congregation of 50 to 10'0 members.. 3 r.;: r~.~' , :': ;:' :" :~::. '. ".:<. '::,;::' 1:~ C: : '. :'i I \:..:..~. .....:1;: .:,:' . 'pq~y.~P~:,Pt.AJ'f: CHECI(LtST.' l .... . "I l ...... : . ,1 . . . ..- _..' '. ..~; , ': .,'. : ,':~, ,.' ....:...1. '.\ 'II' A concept plan ofthe proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered.. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building pennit. Site plan and building pennit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan, Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use pennit or variance, the concept plan may be altered to the extent pennitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan (15.2-2232) review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS a Applicant name and name of development b, Date, scale and north arrow c Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc.. f The zoning and land use of all adjacent properties g. All property lines and easements h All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERMIT A.P P UCANTS k. Existing utilities (water, sewer, storm drains) and connections at the site L Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersectioDS o Locations of all adjacent fire hydrants p. Any proffered conditions at the site and bow they are addressed q, If project is to be phased., please show phase schedule I certify that all items required in the checklist above are complete // ~ . ~. ,/., .~...~ SigIi ture ofapplicant N ev-v"l Date L ac77 6 Page 6 Additional information required for REZONING and SPECIAL PERMIT APPLICANTS a. James Privitera b. See attached drawing "A" c. Lot size is .92 acres. d. Owners of adjacent property & Tax map numbers: 2204 Wildwood Rd. Paul Richard & Ruth A. Snead 044.02-01-19 2215 Wildwood Rd. Warren M. & Mary O. Long 044.02-01-02 2229 Wildwood Rd. Brett A Williams 044.02-01-0.3 2285 Zana Rd. Cheryl Stockton 044.02-01-21 e. An overhead view of the property is attached, "B". The structure sits in the approximate center of the site with dimensions of 40 feet X 55 feet There are upper and lower parldng lots. The upper lot is paved with macadam. The lower lot has crushed stone on dirt. Remaining areas surrounding the building are grass. The building faces northwest to Wildwood Road with Zana Road to the southwest. A small stream is located southeast of the property. f: All adjacent properties are zoned AG 1 and are used as residences. g. Attached drawing "e" h, The building is shown on the "A" attachment. The basement and first floor areas are each about 2200 square feet. Basement ceiling height is 8 feet.. In the church area the maximum ceiling height is 20 feet. i. The property lies at the intersection of Wildwood Road and Zana Road. j. The "B" attachment shows the location of both driveways. The driveways are approximately 25 feet wide. The upper level has 20 marked parking spaces. The lower level is not marked, but can hold about 50 cars. k. A well and septic system are currently in use. I have been informed that water service is available along Wildwood Road. The septic tank is located in the lower lot east of the building. The well is located south of the building. L See attached drawing "B" m. n. o. The property is located between two fire hydrants on Wildwood Road. One is located about 60 feet northeast of the property; the other is about 500 feet south. p. q. No phased development I ,J --- 'tp ~ ~ I\~ t-. .....~ ~ t,.. ~ 11/ ~ w ~ ~ ~ t~ ~ " : ': -;""t .... ':31\11 ~ ~:: t: ~ \.:~ ~ 'I:S '~'" ~oI L \ . ~ "' ~E.! ~ ~ " 0"''' J ~ -..; , ~;;: ...,,~ 55 I t..:~ -Dr..", ~ 'i... - .'11 :'\,,, t~..! '~.l .:. I ~Q~~1>c C) ~ OJ ,:,::" g.. ....":: '''",c- ~'? ;; .. ..~ o:~ ~ ~ ..:;~ ~ ~... ..." ...~.. q," ... 't:;...d -!'" ?-.,-:: ~ .. t ....l:;.'l \. :a. <: ~ (\,Jl\ll"" ~ ~,~ ~'Ill()Ot'\ ~'" ~\.l ..: . ~t \j" ~ . ... 'J :,,\ " ll/"~ oq , ~ ~~ {;'-:I.l ~~.. " o " \'0 ~ .to 'Ol t:t:,. \. ':t: ~-- l:l Q ("J '<' ~~ ~ .. l' ~~~ ?t i h. r:tl;'-i ~ 'i ..: 1 ~~~l:l"> ~ t ~ ~ 0: h l,j.... .... ... ! ~ ~ ct);5t ... ~lt~~~ I. Cl .:: ~~ '" t\.~~~~ ! ~"H~ ... t( ... t} () ~36:i ~ .... t)' . b, . ~, : Q.Q1:~t2lil ).; .. "(: " ~ I....~ lo/ 0:... =- " '" ~la~~ r~ r~ ~.. -.::.. ll}....~" <t. ~.. ~ "-~ ~ \I ... .. .... ~ o~ r.c.:; '... .. .....~ ~ ~l ~~ ~" (j) ~ ~\";j Oc~~1' ... I 10-. I .. .. .. t .. .. ~ "''' "C ~t ~ ~.,. ~ ....'!' ~ 'U~ .........~C) ~:J ~ ~ .. , o,;:~~ .. "f... ~ .~ " c:-. ~ ~ ~ i ~ I ii I I{ , . .J I ---- -. -- -- .~~ ~6~r---- Co-IuU- 'g OJ ........ (\j u . . - "+-' -00 c:- -- C) (j) c ro.- Q)-c L. ro roo. "'C Q.) E ""0 .!:s...,. 0)'1- =00 .coo 0)0) .- u .co S CO 0"'0 =ro ~e Community Development Planning & Zoning Division NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL lTsE PERMIT PETITION PLANNlNG COMMISSION APPLICA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waivel, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. !fit is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for plarming staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the _ scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective date: April 19, 2005 ! ---'q #l t' ~ Q \,f 0{' I 1/ J"f t -r,,_ Name of Petition ~ p~ Petitioners Signature /I ~ '2., :;z {)07 D~te 9 :J 1l' ...' ", u <( . C\1 ::'f-I u <en o 'f-I 165 07 ! ~~ 0> .,: / 'f-I ~~~~ :y' ~ (J <( 'f-I ~ ('>J ~ ..= oj "'!JJ!'- ~:r3.... ct~~~ ~~~ r: ..,.. t:::)J:., ~ , , I ,;';' P ...' ~ ',,'; ~ ~ 7~ ~ ;.o~ ~ t ./ !fI :.t\ ~ "I u -< . C\2 - ..-j --.---J-- u ""C'J C? \"'-f 2&5 07 ..-j ~cri ~ I ~~ Ch ,( / ~ t) "" - ..-j 't? N ~ "- "- ~ ... ~ >\ C\ e,j ..-j <( _/'/ ~ C\J ~ .-., ~'l Rezoning application James Privitera 2222 Wildwood Road Salem, V A November 2,2007 Metes and bounds description Beginning at a point in the center of the Ashbottom Road (State Secondary Route No. 619) at the northwest corner of the tract ofland that Leah R, Kime and w.. P. Kime conveyed to Elizabeth Angel Vema in Deed recorded in Deed book 231, page 337 and designated as "A" on map attached hereto; thence within the center ofthe road N. 33 35' E. 69 ft. to a point at "B" ; thence still with the road N. 52 00' E. 1637 ft. to a point over the center of a 12 inch metal culvert under the Ashbottom Road at "C"; thence S 29 00' E.. 2.30 ft" crossing the branch to a point on th south side of the branch; thence with the line of the Preston tract S. to Salem Presbyterian 33 00' W. 108.1 ft, to a point; thence S. 37 45' W, 92,3 ft. to aq point; thence N. 42 10' W. 174.5 to the place of BEGINNING; and containing .92 acres as shown on the plat showing property to be conveyed to Salem Presbyterian Church, made by T. p, Parker, dated December 16, 1948; and revised March 3, 1967. attached hereto and made part hereof; and Being part of the same property conveyed to the party of the first part by Deed from Trrustees of Montgomery Presbytery, Incorporated, dated June 14, 1967, and recorded in the Clerk's Office ofthe Circuit Court for the County of Roanoke, Virginia, August 27, 1969. James Privitera Rezoning request from AG 1 to A V Location: 2222 Wildwood Road Salem, VA 2415.3. I, James Privitera, hereby proffer the following with this rezoning: The A V (AgriculturalNilIage Center District) zoning category allows a number of uses. The proposed use is as a fine arts studio and religious assembly. This proposal would exclude the following uses that are normally allowed under Sec.. 30-36-2: Private stable Manufactured home Manufactured home, emergency Multiple dog pennit Residential Human care facility Two family dwelling Administrative services Community Recreation Park & Ride facility Post Office Safety services financial Institutions General Office Medical Office Consumer repair services Personal improvement services Family restaurant Veterinary Hospital/clinic Commercial stable Alternative discharging sewage systems Multi-family dwelling Cemetery Crisis center HalfWay House Home for adults Life care facility Nursing home Utility services, major Automobile repair services Automobile parts/supply, retail Boarding house Clinic Convenience store Gasoline station Commercial kennel Restaurant, general Construction yard Custom manufacturing Recycling station and center The exterior of the building and lot will not be significantly altered. A sign for the studio will be erected, not to exceed 5 feet high by 9 feet wide. s-rfTi /"" Roanoke County Community Development Dw~ronofPmnnmgandZonmg Roanoke Times Leaal Advertisement Fee Information Applicant: .J4Me~ .? ~. i v; t- t' if '- Date: IIl2'; () 7 ~ "' This is to notify you that the Planning and Zoning staff will prepare your legal ad and email it to The Roanoke limes. Please call The Roanoke Times Legal Department @ (540) 981-3416 to set up payment for the ad prior to the deadline date stated below. Payment Deadline Dates: PC: BOS: Variance: Admin. Appeal: If payment is not made to the Roanoke Times prior to the deadline date, the ad will not be run and the application will not be heard at the hearing. 7 land Use _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighborhood Conserva~on _ Transi~on _ Core _ Principal Industrial - Applicants Name: James Privitera Existing Zoning: AG1 Proposed Zoning: A V Tax Map Number: 44.02-01-20 Magisterial District: Catawba Area: .92 Acres 7 November, 2007 Scale: 1" = 200' Roanoke County Department of Community Development .AG3 .EP .AG1 AR .AV C1 .C2 . C2CVOD 11 .12 .PCD PRO .PTD R1 R2 c::J R3 R4 - Applicants Name: James Privitera Existing Zoning: AG1 Proposed Zoning: A V Tax Map Number: 44.02-01-20 Magisterial District: Catawba Area:. 92 Acres 7 November, 2007 Scale: 1" = 200' Roanoke County Department of Community Development p2- - 0-/ 0 :sO~ '2- County of Roanoke Community Development Planning & Zoning For Staff Use Onl . Dale received: '1-'\ -cfl Rec~jved by: ..... - 5204 Bernard Drive POBox 29800 Roanoke, V A 24018-0798 (540) 772-2068 FAX (540) 776-7155 r!^ppliClllion fee: '" ;) '2Ai$"r \ 0 11 - PC/Blf, dale: Placards issued: BOS dllle: Cose Number 3 - \ '1~~~~~:~~"':,::' .", Check lype ofapplic:lticn filed (check alllhat apply) ~ Rezoning Xl Special Use 0 Varinnce 0 Walyer 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address whip Mr. Mark Dunn Grant Avenue Development 69 South street lY Phone: Work: Cell #: Fax No.: 315/255-1559 X 22 Owner's mime/address whip Guy O. & Mary P. Plymale 7515 Friendship Lane Phone #; Work: Fax No. #: ,15/?~5-;?~61 540-265-2349 Property Location Magisterial Districl: Hollins 7515 Friendship Lane Tax Map No.: 027.06-05-06 07 OR. Community Planning area: H 11' ns Existing Zoning: R _ 2 Existing Land Use: 'P-esidential ~~!tI.:.."'\:~I~'1J!:,~t;.~!i:!f:t~n="':'~~~-?f\s.=:I;...;~1~. ';1J.r' ."-'"ri'lMJb'1€OMR)iiJjffiji "'t,~~~':-_A.~..:'I;:<or<<'o\>':'~":::"~':'1l'~.:.S;"';J_~~&;~1 Proposed Zoning: C - 2 Proposed Land Use: Fast Food Resturant Does the parcel meet the minimum lot area, widlh, and frontage requirements of the requesled district? Yes X No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes X No IF NOt A VARIANCE IS REQUIRED FIRST )f rezoning request. are conditions being proffered with this requesl? Yes No ~.'!~;g~"'Mif~";;.~..r."i::'i. ...Wi-i!';'1:.' '~',;:J,~~'~~""~r~"~.:;;:U~~_~.~~ll'_'p~::::;:"-;::f:.....tli~TPi"~~.. f/y.Xiiri4NI1E;~wllitER?ANJi'MfjM1NlST.lf, ,~ l;llJl'I,.VlJ.~~.-~:'11l,"'Z~!r.,..~1.",;,~,..~....."r,-::'::J.,."l'~~,O'J'f.I\':'~.~!~.... :.1-:.arL";r~'",'~I.......--=-...~{It..r ':,,:~,,;,~~~;;~,;,",i'":.:tI:'3!!ln;;,~~~;;rill~{~~,i:~;t{!~~~t~;I[Sfr':~!tt;:~;!:r~10!J VarinncelWaiver of Seclion(s) of the Roanoke County Zoning Ordinance in order 10: Appeal of Zoning Administrator's decision to Appeal oflnlerprelBlion ofSection(s): of the Roanoke County Zoning'Ordinance Appeal of Interprelation of Zoning Map to Is tile application complete? Please check if enclosed. APPLICATION WI LL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S1W/CP V/AA R1SAV/CP VlAA ~ COrniulllltion ~ 8112" x II" concept plnn Application Meles and bounds description Justilicnlion Water and sewer application I hereby certify thai I am either the owner orthc property of lite OW1ll!r. ~>::~~~fjON';'~~~~G:~~~~~m.~~"~~.~6~PMN(I":::>~!~:,,:' Applicant Grrlnt AVAnllA DAvAl npmAnt The Planning Commission will study rezoning, special use permit waiver or community plan (15.2-2232) review requests 10 determine the need and justification for the change in terms of public health, safety, and general welfare Please answer Ihe following questions as Ihoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance The Roanoke COW1ty Zoning Ordinance for C- 2 Zoning designates this area for a variety of retail and service related uses. C-2 Zoning allows restaurants with the drive-tluu requiring a special use permit. Please explain how the project conforms to the geneml guidelines and policies contained in the Roanoke County Community Plan. Roanoke County Comprehensive Plan designates this property within a core land use area. The core designation permits a variety of retail and commercial uses. A fast food restaurant with drive-thru conforms to these general guidelines and policies. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area. as well as Ihe impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. This proposed project would increase traffic at the Friendship Lane Intersection. However, a new retail development is being constructed on the west side of Plantation Road. An access road, widening of Friendship Lane and signalized intersection will be constructed, into the new development that will align with Friendship Lane. This intersection was designed, per Virginia Department of Transportation (VDOT) Standards, to handle the pr~jected traffic for a developed corridor. 3 ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: 7515 Friendship Lane Tax Map No: 027.06-05-07.00,027.06-05-06.00,027.06-05-08.00 Present Zoning: R2 Prooosed Zoning: C-2, with special use permit for drive-thru Owner: Guy O. and Mary P. Plymale Applicant/Contract Purchaser: Grant Avenue Development 69 South Street Auburn, NY ]3021 ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: COUNTY OF ROANOKE Official Tax Number Owner's Name and Mailing Address 27.06-05-04.0 7531 Friendship Lane Alfred L. and Doris Scott Hughes 7531 Friendship Lane Roanoke, Virginia 24019 27.06-05-02.0 7915 Plantation Road First States Investors .3300 LLC c/o First American Comrn. Real Estate P. O. Box 168608 Irving, TX 750J6 018.18-02-05.00 No Address Commonwealth Of Virginia LEGAL DESCRIPTION Address of Subject Property: 7515 Friendship Lane Tax Map No: 027.06-05-07,00,027.06-05-06.00,027.06-05-08.00 Present Zoning: R2 Proposed Zoning: C-2, with special use permit for drive-thm Owner: Guy O. and Mary P. Plymale Applicant/Contract Purchaser: Grant A venue Development 69 South Street Auburn, NY 13021 0.245 ACRE TRACT I LMW's COMMISSION #3364 BEGINNIN G AT a point corner 1. an iron pin set in the southerly right of way line of 50 ft. wide Friendship Lane (Va. Sec. Rte. 1895), said comer 1 being the northwesterly comer of an 0.245 Are Tact property of Guy O. and Mary P.. Plymale acquired by Deed Book 1328 Pg. 1456 (Tax #027.06-05-06.00); thence with the aforesaid southerly right of way line of Friendship Lane N 60050' 52"E 34.79 ft. to comer 2, an iron pin set; said corner being the northeasterly comer to said 0.245 Acre Tract and the northwesterly corner of New Lot A (0.529 Acre) also property of Guy O. and Mary P. Plymale; thence with the dividing line between said lands of Guy O. and Mary P. Plymale S 220 47'21"E 148.38 ft. to comer 10 an iron pin set in the northerly line of an 0.169 Acre Tract that is also property of Guy O. and Mary P. Plymale; thence with the dividing line between said 0.169 Acre Tract and aforesaid 0.245 Acre Tract S 6]OI7'31"W 88.08 feet to comer 7 an iron pin set in the easterly right of way line of variable width Plantation Road (Va. Sec. Rte. 115) corner to said 0.245 Acre Tract and said 0.169 Acre Tract; thence with said easterly right-of-way line of Plantation Road N17047'53"W 0.69 ft. to corner 8, an iron pin set and N13002'04"W 120.42 ft. to comer 9 (pin with VDOT Cap found); thence continuing with said line of Plantation Road N22013'14"E 46.26 ft. to the point of BEGINNING and containing 0.245 Acres (more or less) together with all buildings and appurtenances thereto pertaining as shown on Boundary Survey for ARBY's RESTAURANTS prepared by Parker Design Group dated August 6, 2007. NE.W LOT A 0.529 ACRE BEGINNING at a point comer 3, an iron pin set in the southerly right-of-way of 50 ft. wide Friendship Lane (Va. Sec. Rte. 1895), said corner 3 being the northeasterly comer of NEW LOT A (0..529 ACRE) property of Guy 0.. and Mary P. Plymale acquired by Deed Book 470 Pg. 170 and the northwesterly corner to property of Alfred L. and Doris Scott Hughes (D"R 505 Pg.. 458); thence leaving said right-of-way line and with the dividing line between said lands S22049'21"E 147.94 ft. to corner 4 an AXLE FOUND at the southeasterly comer of said NEW LOT A, said corner also being the northeasterly comer of an 0.169 ACRE TRACT, also property of Guy O. and Mary P. Plymale (hereafter known as Plymale); said corner 4 als being a comer to property of First State Investors 3300 LLC (INSTR. #200501190); thence with the dividing line between said Plymale lands S61017'31"W 156.00 ft. to corner 10 an iron pin set at the southwesterly corner of said NEW LOT A and the southeasterly corner of an 0.245 Acre Tract, Deed Book 1328 Pg. 1456, also being property of Plymale; thence with the dividing line between said NEW LOT A and 0.245 Acre Tract N22047'21"W 14838 ft. to corner 2, an iron pin set in the aforesaid southerly right-of-way line of Friendship Lane (50' wide), corner to said Plymale lands; thence with said right-of-way line N61026'56''E 155.87 ft. to the point of BEGINNING and containing 0.529 Acres, more or less, together with all buildings and appurtenances thereto pertaining as shown on BOUNDARY SURVEY for ARBY's RESTAURANTS prepared by parker Design Group dated August 6, 2007. 0.169 ACRE TRACT BEGINNING at a point corner 4, an AXLE found at the northeasterly corner of an 0.169 ACRE TRACT property of Guy O. and Mary P. Plymale (hereafter known as Plymale) acquired by Deed Book 1328 Page 1456 (TAX #027,,06v05-08.00), said corner also being the southeasterly comer of NEW LOT A, also being property of Plymale (Tax # 027.06-05-06.00) and said corner 8 also being a corner to property of First State Investors .3300 LLC (INSTR. #200501190); thence with the dividing line between said 0.169 Acre Tract of Plymale and said land of First State Investors 3300 LLC S22049'2I"E 30.00 ft. to corner 5, and iron pin with cap found, corner to said lands; thence continuing with said dividing line S611l22'.39"W 246.97 ft. to comer 6, an iron pin set in the easterly right of way line of variable width Plantation Road (Va. See Rte. 115); comer to said lands; thence with said light-of-way line N17047'53"W 31.58 ft. to corner 7, an iron pin set at the northwesterly corner of said 0.169 Acre Tract and the southwesterly comer to an 0.245 ACRE TRACT (TAX#027.06-05-07.00), also being property of Plymale; thence leaving said right-of-way line and with the dividing line between said 0.245 ACRE TRACT AND said 0.169 ACRE TRACT N61017'31"E 88.08 ft to corner 10, an iron pin set at the southeasterly corner of said 0..245 ACRE TRACT, said corner also being the southwesterly corner of aforesaid NEW LOT A' thence with the dividing line between said 0,,169 ACRE TRACT and aforesaid NEW LOT A N6]0156.00 ft. to the point of BEGINNING and containing 0.169 Acres, more or less, together with aJl buildings and appurtenances there to pertaining as shown on BOUNDARY SURVEY for ARBY's RESTAURANTS prepared by Parker Design Group dated August 6, 2007. CommunUy Development . Planning & Zoning Div~;on POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Note this list is not inclusive and the County staff and VDOT reselVe the right to request a traffic study at any time, as deemed necessary.) High Traffic-Generating Land Uses: . Single-family residential subdivisions, Multi-family resIdential units, or Apartments with more than 75 dwelling units . Restaurant (with or without drive~through windows) · Gas station/Convenience store/Car wash . Retail shop/Shopping center . Offices (Including: Financial institutions, general, medical, etc.) Regional public facrlltles · Educational/Recreational facilities . Religious assemblies · Hotel/Motel . Golf course . Hospital/Nursing home/Clinic . Industrial site/Factory . Day care center . Bank . Non-specific use requests Road Network Situations: . Development adjacent to/with access onto/within SOO-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 241 115, 117,460, 11/460, 220,2211419, etc) · For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly . When required to evaluate access Issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (I.e. on Long Range Transportation Plan, Slx-Yr Road Plan, etc.) · Development In an area where there is a known existing traffic and/or safety problem . Development would potentially negatively impact existing/planned traffic signal(s) . Substantial departure from the Community Plan . Any site that Is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the m!l:jority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff andlor an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses andlor a traffic impact study that would be beneficial in making a land use decision (Note: a list of potential land uses and situations that would necessitate further study is provided as part of this application package), This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses andlor traffic impact study and to provide written comments andlor suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 Name of Petillon Petitioner's Signature Date ICO~~EPTPLANCBE~KLIST I A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potentialland use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit Ihe fulure use and development ofthe property and by so doing, correct any deficiencies thaI may not be manageable by County permitting regulations., The concepl plan should nOI be confused with the site plan or plot plan thaI is required prior to the issuance ofa building penn it Site plan and building pennit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan, Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations A concept plan is required with all rezoning, special use penn it, waiver, community plan (15.2-2232) review and variance applications The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some ohhe items or suggest the addition of extra items, but the foIlowinl~ are considered minimum: ALL APPLICANTS a. Applicant name and name of development b, Date, scale and north arrow c, Lot size in acres or square feet and dimensions d. Location, names of owners and Roanoke County tax map numbers of adjoining properties e" Physical features such as ground cover, natural watercourses, floodplain, etc. f: The zoning and land use of all adjacent properties g.. All property lines and easements h. All buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information requited [or REZONING and SPECIAL USE PERMIT APPLICANTS k Existing utilities (waler, sewer, storm drains) and connections at the site L Any driveways, entrances/exits, curb openings and crossovers m, Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections 0, Locations of all adjacent fire hydrants p" Any proffered conditions at the site and how they are addressed q. Ifproject is to be phased, please show phase schedule thaI all items required in Ihe checklist above are complete. 11/:r/"7 ~ Dale 6 Wfa:I.____.~ ..ot-D~.;;: OV....C'K.OHI:-., ~ O.t.OO"OPt""OHI :4f:f ~reua UIClO~_ ~~ ;~~ .iAi?J rrr-~;j ~, ~~'f.:;i ~.!~ ~ ~ VINIS~I^ '3)lONVOl:l A1NnO~ 3>10NVOl:l OVOCl NOIIVIN\fld IN~mflS3~ S,^a~'v' .. . 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Core _ Principal In dusl rial - Applicants Name: Mark Dunn Existing Zoning: R2 Proposed Zoning: C2 Tax Map Number: 27.06-05-06, 07, 08 Magisterial District: Hollins Area: 0.943 Acres 14 November, 2007 Scale: 1" = 200' Roanoke County Department of Community Development _AG3 _EP _AG1 AR _AV C1 _C2 "..,.- _ C2CVOD 11 _12 "..,.- _PCD I PRO _PTD "..,.- R1 R2 _R3 I "..,.- I I R4 J - Applicants Name: Mark Dunn Existing Zoning: R2 Proposed Zoning: C2 Tax Map Number: 27.06-05-06, 07, 08 Magisterial District: Hollins Area: 0.943 Acres 14 November, 2007 Scale: 1" = 200' Roanoke County Department of Community Development ACTION NO. ITEM NO. tt-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Second reading of an ordina.nce requesting the Economic Development Authority of the County of Roanoke to issue lease revenue bonds to finance various public facility projects and authorizing the lease and financing lease of certain real estate SUBMITTED BY: Diane D. Hyatt Chief Financial Officer Elmer C. Hodge fJ!/nt.",,- Flei2oe- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval BACKGROUND: The Boa.rd of Supervisors has approved funding for five County capital projects that involve the issuance of bonds as part of the funding stream. These projects consist of: 1. 800MHz public safety radio uPQrade - a complete upgrade from a 20 year old public safety analog radio system to a state-of-the-art digital system, including replacement of the system infrastructure and subscriber radios. The cost of this upgrade will be approximately $9 million with $5.2 million of County funds being used with the remainder financed over 10 years. 2. Multi-Qenerational recreational facility - a 75,750 square foot center to include indoor aquatic spaces, gymnasiums, fitness areas, a walking track, community program space, and outdoor aquatics. The project will serve to enhance sports marketing efforts in the valley and will be immediately adjacent to a new planned 200 acre business park in North Roanoke County. The cost of this project will be approximately $30.2 million with $2.3 million of COLlnty funds being used with the remainder financed over 30 years. 3. North County fire station - a new 15,400 square foot fire and rescue station in the north County area. It will be a three-bay station to house a pumper and two ambulances. It will also include adequate living areas, offices, male/female sleeping/restroom/shower areas, storage areas, and meeting rooms. This facility will more evenly distribute fire and rescue calls currently handled by other stations in order to provide more efficient services. The cost of this project will be approximately $4.2 million with $700,000 of County funds being used with the remainder financed over 20 years. 4. New County QaraQe - a new 23,000 square foot fleet maintenance facility that will reduce costs currently associated with maintaining two older garages and those associated with outsourcing the repair of public safety vehicles. It will also allow for more efficient workflow, more effective service and provide a safer, more comfortable work environment for the garage staff. The cost of this project will be approximately $7.7 million with $1.3 million of County funds being used with the remainder financed over 30 years. 5. South County library - Replace the existing Headquarters/419 library with a 56,000 square foot state-of-the-art library to better serve the community. It will include a themed children's area, a quiet reading room, individual study rooms, a variety of computer access stations, meeting rooms, an auditorium, a computer lab, a coffee shop, and lockers for after-hours pick-up and drop-off of materials. The cost of this project will be approximately $18 million with $1.7 million of County funds being used with the remainder financed over 30 years. SUMMARY: The total project cost for the five capital projects is $69,242,632. Because of the capital financing plan that the Board has implemented, the County has been able to appropriate available funds of $11,151,508 to the projects. This leaves a balance of$58,091, 124 to be financed through the bond sale. The County would like to issue lease revenue bonds through the Roanoke County Economic Development Authority (EDA). The attached ordinance authorizing the issuance of these bonds through the EDA, and also authorizes the lease and financing leases associated with the related real estate. This ordinance will require a second reading on December 18,2007. The ordinance authorizes the sale of up to $65 million of bonds. This is a maximum amount, so that the underwriters will have the flexibility to price the bonds to achieve the lowest net cost to the County. The $65 million would include a debt service reserve fund (if required), and the possibility that the bonds could be sold at a discount. In the event that a debt service reserve fund is required, it would not have an impact on the planned debt service requirements. The interest that is earned on the debt service reserve funds would be used to pay the related interest expense. In addition, the debt service reserve funds 2 would be used to pay the final year of debt service on the bonds. We will attempt to avoid the debt service reserve if possible, but the current market situation with the bond insurance companies may cause IJS to use one in order to obtain the best pricing on the bonds. The EDA will be considering a similar resolution at their meeting on December 19,2007. The bonds are currently scheduled for pricing mid-January 2008, with the closing at the end of January 2008. The current bond market is favorable to the issuance of mlJnicipal bonds. However, there are many variables in the market right now that will need to be monitored closely as we proceed with the pricing. The pricing of the bonds could be moved depending on the market situation. FISCAL IMPACT: The debt service on the bonds will begin in the 2008-09 fiscal year. The debt service commitment was reviewed with the Board at an earlier meeting, and the original parameters are still feasible. The debt service will be paid from the following sources: 1. Revenues from a partnership with the Western Virginia Water Authority (garage) 2. Revenues from the increase in the Fee for Transport (fire station) 3. Savings from money to Explore Park (multi-gen center) 4. County allocations from the Future Capital Fund established to provide for debt service on capital projects (non-designated) 5. An incremental $300,000 a year for five years to be funded from the County annual operating budget STAFF RECOMMENDATION: Staff recommends approving the second reading of attached ordinance requesting the EDA to issue revenue bonds for the County for various capital projects, and authorizing the lease and financing lease of certain real estate. 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 18, 2007 ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA REQUESTING THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF ROANOKE, VIRGINIA TO ISSUE LEASE REVENUE BONDS TO FINANCE VARIOUS PUBLIC FACILITY PROJECTS, AND AUTHORIZING THE LEASE AND FINANCING LEASE OF CERTAIN REAL ESTATE WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and advisable to undertake the acquisition, construction, furnishing and equipping of various capital projects, including a library, a recreation center, a fire-station, a fleet maintenance facility and radio equipment (the "Financed Projects") for the County, and to obtain financing for the Financed Projects through lease revenue bonds (the "Bonds") to be issued by the Economic Development Authority of the County of Roanoke, Virginia (the "Authority"). WHEREAS, the County will initially lease the library, fire-station-aAd! fleet maintenance facility and radio eauioment (the "Original Leased Projects") to the Authority pursuant to a lease (the "Lease") and will lease the Original Leased Projects back from the Authority pursuant to a financing lease between the Authority and the County (the "Financing Lease"). WHEREAS, the County has an option to purchase certain real estate for purposes of constructing the recreation center (the "Recreation Center Property"), pursuant to an Option to Purchase Agreement dated September 26, 2007, between the County and English Construction Company, Inc. WHEREAS, upon the acquisition of the Recreation Center Property, the County will lease the Recreation Center Property to the Authority pursuant to an amendment to the Lease and will lease the Recreation Center Property back from the Authority pursuant to an amendment to the Financing Lease (the "Recreation Center Property," together with the Original Leased Projects, the "Leased Projects"). WHEREAS, the Bonds will be payable solely from the revenues derived from the Financing Lease pursuant to which the County will agree to make rental payments, subject to annual appropriation, sufficient to pay the principal of and interest on the Bonds. WHEREAS, the Bonds will be issued pursuant to the following documents: (i) an Indenture of Trust between the Authority and a trustee to be selected by the County Administrator or the Chief Financial Officer (the "Trustee"), with the form of the Bonds attached thereto; (ii) the Lease; (iii) the Financing Lease; (iv) a Leasehold Deed of Trust from the Authority to the individual trustees named therein; (v) an Assignment of Rents and Leases between the Authority and the Trustee; (vi) a Preliminary Official Statement (the "Preliminary Official Statement") and an Official Statement (the "Official Statement") with respect to the issuance and sale of the Bonds; and (vii) a Bond Purchase Agreement (the "Bond Purchase Agreement") among the County, the Authority and a group of underwriters lead by Davenport & Company LLC. (the "Underwriters"). All of the documents listed above, except the Bonds, the Preliminary Official Statement and the Official Statement are referred to in this Ordinance as the "Basic Documents." WHEREAS, pursuant to Section 18.04 of the Charter of Roanoke County a first reading of this ordinance was held on December 4, 2007 and a second reading on this matter was held on December 18, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS . OF THE COUNTY OF ROANOKE, VIRGINIA: 1. Issuance of Bonds. The County requests the Authority to issue its Bonds in the maximum aggregate principal amount of $67,500,000 for purposes of financing the Financed Projects, to be paid from revenues derived from payments made by the County pursuant to the Financing Lease. 2. Authorization of Basic Documents. The Bonds and the Basic Documents are approved in substantially the forms on file with the County Administrator, with such changes, insertions or omissions (including, without limitation, changes of the dates thereof) as may be approved by the Chairman of the Board or the County Administrator, whose approval shall be evidenced conclusively by the execution and delivery of the Basic Documents to which the County is a party. The execution and delivery of and performance by the County under the Bonds and the Basic Documents to which the County is a party are authorized. 3. Amendments to Basic Documents. The Chairman of the Board and the County Administrator, either of whom may act, are hereby authorized and directed to execute and deliver on behalf of the County any amendments to the Lease, Financing Lease, Deed of Trust and any other Basic Documents for purposes of subjecting the Recreation Center Property to the Lease, Financing Lease and Deed of Trust. 4. Authorization of Leases. The Board authorizes the Lease and Financing Lease of certain real estate identified as the Original Leased Projects and the Recreation Center Property with the Authority as provided in Section 18.04 of the Charter of Roanoke County. 5. Execution of Documents. The Chairman and the Vice Chairman of the Board and the County Administrator, or any of them, are authorized to execute on behalf of the County the Basic Documents to which the County is a party, and, if required, the County Administrator and the Clerk of the Board are authorized and directed to affix or to cause to be affixed the seal of the County to the Basic 2 Documents and to attest such seal. The Chairman and the Vice Chairman of the Board, the County Administrator and the Chief Financial Officer or their designees are authorized to execute and deliver on behalf of the County such instruments, documents or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Ordinance or contemplated by the Basic Documents; and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed. 6. Sale of Bonds. The County Administrator and the Chairman of the Board, or either of them, are authorized and directed to consent to the terms of the sale of the Bonds by the Authority to the Underwriters and to execute and deliver the Bond Purchase Agreement, provided that (i) the true interest cost of the Bonds shall not exceed 6.0% (taking into account any original issue discount or premium), (ii) the aggregate principal amount of the Bonds shall not exceed the amount set forth in paragraph 1, (iii) the sale price of the Bonds to the Underwriters shall not be less than 99% of the aggregate principal amount thereof (not taking into account any original issue discount) and (iv) the final maturity of the Bonds shall not be later than 31 years from their date. The approval of such officer shall be evidenced conclusively by the execution and delivery of the Bond Purchase Agreement. 7. Disclosure Documents. The Preliminary Official Statement is approved in substantially the form on 'file with the Board, with such changes, insertions or omissions as approved by the County Administrator or the Chief Financial Officer. The County Administrator or the Chief Financial Officer, or either of them, is authorized and directed to prepare and deliver the Official Statement. The use and distribution of the Preliminary Official Statement and Official Statement by the Underwriters is authorized and approved. The County Administrator and the Chief Financial Officer are authorized to execute the Official Statement, if required. The Preliminary Official Statement and Official Statement shall be published in such publications and distributed in such manner, including by electronic distribution, and at such times as the County Administrator, or such officers and agents of the County as he may designate, shall determine. The County Administrator, or such other officer or agent of the County as he may designate, is authorized and directed to deem the Preliminary Official Statement and the Official Statement "final" for purposes of Securities Exchange Commission Rule 15c2-12. 8. Nature of Obligations. Nothing in this Ordinance, the Bonds or the Basic Documents shall constitute a debt of the County and the Authority shall not be obligated to make any payments under the Bonds or the Basic Documents except from payments made by or on behalf of the County under the Financing Lease. The Financed Projects are hereby declared to be essential to the efficient operation of the County, and the Board anticipates that the Financed Projects will continue to be essential to the operation of the County during the term of the Financing Lease. The Board, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current 'fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all paymentsP 3 under the Financing Lease and hereby recommends that future Boards do likewise during the term of the Financing Lease. The County Administrator is directed to submit for each fiscal year a request to the Board for an appropriation to the Authority for an amount equal to the rental payments coming due under the Financing Lease for the next fiscal year. The County's obligations to make payments to the Authority pursuant to this Ordinance shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Ordinance, the Bonds or the Financing Lease shall constitute a pledge of the full faith and credit of the County. 9. Official Intent. The Board adopts this Ordinance as a declaration of official intent for purposes of Treasury Regulations Section 1.150-2. 10. Effective Date. This Ordinance shall take effect immediately. Adopted this 18th day of December, 2007. [SEAL] Clerk, Board of Supervisors County of Roanoke, Virginia 4 ACTION NO. 1+.. ~. ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, ROANOKE, VIRGINIA MEETING DATE: December 18, 2007 AGENDA ITEM: Second reading of an ordinance authorizing vacation of an unimproved right-of-way between Lot 14, Block 1, Section 1 and Lot 1, Block 2, as identified on the plat of Glenvar East Subdivision, Section 1, in Plat Book 7, Page 12, located in the Catawba Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: ~~ SUMMARY OF INFORMATION: Richard A. Dehart and Tom E. Cranston have requested the vacation of an unimproved 50 foot right-of-way between Lot 14, Block 1 and Lot 1, Block 2, as shown on the plat of Section 1, Glenvar East Subdivision, recorded in Plat Book 7, Page 12, located in the Catawba Magisterial District. This right-of-way is located between the two parcels owned by the petitioners. Since the right-of-way only adjoins the two parcels owned by the petitioners and terminates at the Roanoke County School Board's property, the entire road right-of-way would transfer to the petitioners. County departments and local utility companies were contacted concerning the vacation. Western Virginia Water Authority has requested the retention of a 20 foot easement centered on the existing water line located in the right-of-way, and Appalachian Power would like to retain its current 12 foot public utility easement. The other utility companies which were contacted had no objection to the road being vacated. The County Attorney met with the School Board on November 15,2007, to determine its position on this request. The School Board requested that the Board of Supervisors deny this request. It believed that this right-of-way could be developed as an additional access to the Glenvar School campus. One of the petitioners desires to vacate the right-of-way to place an improvement on their property. Once this right-of-way is vacated, the property will be divided evenly between the petitioners and combined with the abutting properties, as provided in Section 15.2-2274 of the Code of Virginia. The pertinent information which is shown on the attached Exhibit A entitled "UNIMPROVED 50' RIGHT-OF-WAY TO BE VACATED AND RETAINING A 20' WATERLINE EASEMENT AND 12' AEP EASEMENT BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA" will give the Board a better perspective concerning the relationship between the Glenvar School campus and the unimproved right-of-way. Also attached is an aerial photo of the area. FISCAL IMPACT: The cost and expenses associated with this request, including but not limited to publication, survey and recordation costs, shall be the responsibility of the petitioners. ALTERNATIVES: 1. Approve the proposed ordinance authorizing the vacation of the right-of-way and establishing waterline and public utility easements in its location. 2. Do not adopt the proposed ordinance authorizing the vacation of the right-of-way. STAFF RECOMMENDATION: Staff makes no recommendation on this request. The recommendation by the School Board should be given great weight in deciding this agenda item. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, DECEMBER 18, 2007 ORDINANCE AUTHORIZING VACATION OF AN UNIMPROVED RIGHT- OF-WAY BETWEEN LOT 14, BLOCK 1, AND LOT 1, BLOCK 2, AS IDENTIFIED ON THE PLAT OF GLENVER EAST SUBDIVISION, SECTION 1, IN PLAT BOOK 7, PAGE 12, LOCATED IN THE CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Glenvar East Subdivision, Section 1, plat recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 12, ("the Glenvar East Subdivision Plat") established an unimproved right of way, 50' in width and approximately 110' in length, between Lot 14, Block 1 (Tax Map No. 54.02-3-15) and Lot 1, Block 2 (Tax Map No. 54.02-3-16), which now connects Ingal Blvd. (Route 1119) with County School Board property known as Glenvar Middle School (Tax Map No. 54.02-4-3); and WHEREAS, the right-of-way area designated and set aside for public use on the above mentioned plat has never been improved or accepted into the Virginia State Secondary Road System; and WHEREAS, the above described unimproved right-of-way is more clearly shown as "RIGHT-OF-WAY TO BE VACATED" on "Plat Showing Unimproved 50' Right-of-Way to be Vacated and Retaining a 20' Waterline Easement and 12' AEP Easement - By Board of Supervisors of Roanoke County, Virginia", dated 11-13-2007, prepared by Roanoke County Department of Community Development and attached hereto as Exhibit "A"; and WHEREAS, no other property owner will be affected by the vacation of this undeveloped right-of-way and that its current existence imposes an impediment to the adjoining property owners making improvements to their properties adjoining this previously dedicated but unimproved street; and WHEREAS, the adjoining property owners and residents of Roanoke County, as the Petitioners, have requested that, pursuant to ~ 15.2-2272 of the Code of Virginia (1950, as amended), the Board of Supervisors of Roanoke County, Virginia, vacate this unimproved right-of-way on the plat of the Glenvar East Subdivision, Section 1 , Plat Book 7, Page 12, as shown on the attached Exhibit "A"; and WHEREAS, this vacation will not involve any cost to the County and the affected County departments have raised no objection; and WHEREAS, notice has been given as required by ~ 15.2-2204 of the Code of Virginia (1950, as amended); and 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 and public hearing of this ordinance was held on November 13,2007, and a second reading of this ordinance was held on December 4, 2007, and continued to December 18, 2007. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the subject real estate (an unimproved right of way 50' wide and approximately 110' in length) is hereby declared to be surplus and the nature of the interests in real estate renders it unavailable for other public use. 2 3. That this unimproved right-of-way is designated and shown as "RIGHT-OF- WAY TO BE VACATED" on Exhibit "A" attached hereto, said right-of-way being located on the west side of Ingal Blvd. (Route 1119,) between Lot 14, Block 1 and Lot 1, Block 2 and having been dedicated on the subdivision plat of Glenvar East Subdivision, Section 1, and recorded in the aforesaid Clerk's Office in Plat Book 7, page 12 in the Catawba Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to S 15.2-2272 of the Code of Virginia, 1950, as amended. 4. That an existing 12' AEP public utility easement as shown on the above mentioned plat shall remain in full force and effect; and 5. That a 20' wide waterline easement centered on the existing waterline as shown on the above mentioned plat be, and hereby is, retained for the Western Virginia Water Authority; and 4. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 5. 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 accomplish the provisions of this ordinance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with S 15.2-2272 ofthe Code of Virginia (1950, as amended). 3 METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLA T REPRESENT A COMPOSITE OF DEEDS, PLA TS, AND CALCULA TED INFORMA TION AND DO NOT REFLECT AN ACCURA TE BOUNDARY SURVEY. (jj !7 24 Ii! ~POOLI 23 j t. (~ t. U [SJ U a; ~. 8.' I 375 I. I 367 I': .2 "U t. a; <[ U ...J OJ "> ..... Ingo.t Blvd. Rte. 1119 26. 2/ 4~~ 4 c=J ~ POOL 3 tor ~ 2 '0 :1380 I /9 :~ I POOL !! /4 !3 o TAX I 54.02-03-16.00 TOM E. & THELMA S. CRANSTON LOT 1 0.253 Ac. (0.8. 965 PC. 283) <0 TAX' 54.02-03-15.00 RICHARD .4. & TAMMY C. DEHART LOT 14 0.255 Ac. (0.8. 1318 PC. 1802) TAX' 54.02-04-02.00 COUNTY SCHOOL BOARD OF ROANOKE COUNTY 32.71 Ac. TAX I 54.02-04-03.00 COUNTY SCHOOL BOARD OF ROANOKE COUNTY 28.48 Ac. LEGEND GLENVAR MIDDLE SCHOOL 4555 PLAT SHOWING PORTION OF IVIE CIRCLE - TO BE VACATED BY BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA PREPARED BY: ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT RIGHT-Of-WAY TO BE VACATED TAX MAP NO. 54.02 EXHIBIT "An GLENVAR HIGH SCHOOL 4549 SCALE: 1 "= 1 00' DA TE: 11-13-2007 ACTION NO. "I1-3 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: Elmer C. Hodge (' f,L County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) The four-year term of Thomas A. Darnall will expire on January 22,2008. 2. Library Board (Appointed by District) The four-year term of Sheryl Ricci, Windsor Hills Magisterial District, will expire on December 31,2007. Ms. Ricci has informed the Library Board that she does not wish to be reappointed. 3. Southwest Development Financing, Inc. The two-year term of Wendi Schultz, Tourism and Event Coordinator for the Parks, Recreation and Tourism Department, will expire on January 12, 2008. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, DECEMBER 18, 2007 RESOLUTION APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 18, 2007, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4 inclusive, as follows: 1. Approval of minutes for November 13,2007, and December 4,2007 2. Acceptance of Coronado Street and the remaining portion of Fieldgate Road into the Virginia Department of Transportation Secondary System 3. Acceptance of Miller's Landing Circle into the Virginia Department of Transportation Secondary System 4. Acceptance of Charlestown Square and a portion of Elizabeth Drive into the Virginia Department of Transportation Secondary System That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. ACTION NO. ITEM NO. J-:A AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Acceptance of Coronado Street and the remaining portion of Fieldgate Road into the Virginia Department of Transportation Secondary System. SUBMITTED BY: Arnold Covey Director, Community Development APPROVED BY: Elmer C. Hodge c J1 County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Fralin and Waldron, Inc., the developer of Kings Crest, Sections 2 and 3 in the Catawba Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.10 mile of Fieldgate Road from the intersection of Kings Crest Drive (Sec Rte 1182) to its intersection with Coronado Street, 0.14 mile of Coronado Street from the intersection of Fieldgate Road southeast to its cul-de-sac and 0.12 mile of Coronado Street from the intersection of Fieldgate Road northwest to its cul-de-sac. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county funding is required. 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"'#''!KP4.la, , " -, I II Not to Scale ..- ....... n PROPOSED ADDITION SHOWN IN GRAY DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses Fieldgate Road - from the intersection with Kings Crest Drive (VA See Rte # 1182) to its intersection with Coronado Street.. Coronado Street - from the intersection of Fieldgate Rd southeast to its cul-de-sac. Coronado Street - from the intersection of Fieldgate Rd northwest to its cul-de-sac. 01 50 30 5 0.14 50 30 14 012 50 30 13 , Sheet 1 Kings Crest, Sections 2 & 3 Acceptance of Coronado Drive and the remaining portion of Fieldgate Road into the Virginia Department JI ofTransportation Secondary System. =-' I ROANOKE COUNTY DEPARTMENT OF COMMVNITY DEVELOPMENT NORTH ,.w - See Sheet 1 PROPOSED ADDITION SHOWN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses Fleldgate Road - from the intersection with Kings Crest Drive (VA See Rte # 1182) to its intersection with Coronado Street.. Coronado Street - from the intersection of Fieldgate Rd southeast to its cul-de-sac. Coronado Street - from the intersection of Fieldgate Rd northwest to its cul-de-sac. Not to Scale 0.1 50 30 5 014 50 30 14 012 50 30 13 Sheet 2 ROANOKE COUNTY DEPARTMENT OF COMMljNITY DEVELOPMENT Kings Crest, Sections 2 & 3 Acceptance of Coronado Drive and the remaining portion of Fieldgate Road into the Virginia Department of Transportation Secondaty System. THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOLLOWING RESOLUTION REQUESTING ACCEPTANCE OF CORONADO STREET AND THE REMAINING PORTION OF FIELDGA TE ROAD 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 933.1-229, 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 ofthis resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Wanda G. Riley, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation ACTION NO. ITEM NO. :r - .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Acceptance of Miller's Landing Circle into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge fW County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Miller Perkins Corporation, the developer of Miller's Landing in the Hollins Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.18 mile of Miller's Landing Circle from the intersection of Keffield Street (Sec Rte 1834) to its intersection with Biscayne Circle (Sec. Rte 1879). The staff has inspected this road along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county 'funding is required. STAFF RECOMMENDATION: Staff recommends that the Board approve a resolution to VDOT requesting that they accept Miller's Landing Circle into the Secondary Road System. 4... o i (!J ....... 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QJ ~ ~ t ~ ~ ~ = ~5 ~5 "e ~e "<l.l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~ u >< /j ;>, oS ;!; 4... o .E OJ) 'C 4... o ..c -'d .~ -0 ll) ll) ~ .... oS ;:l o tt'l ~ '" 1.0 t'-- 00 ........ ci OJ ell <"l ~ ~ -; .... = Eo- u; ll) '0 ?; Eo-; Z " ~ ;> 0 ~ ..0 os "" ~ <I) ... = u '6 U 5 -< E ~ OJ 6 ~ ;:l u -< 0 "" ~ u oS 0 4-0 0 Z t: rn 0 0. rn ..... '" ~ .. "" -< <I) t;: U € ..... OJ ~ U ..... on ~ " OJ a ~ ..c: u U g 0; on :E I-< t / VICINITY MAP NORTH North Ardmore, Section 4 PH. 5, Pg. 3 ~ .. ,..-J PROPOSED ADDITION SHOWN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses Varies (40' & 50') 018 26 10 Miller's Landing Circle ~ 'from the intersection with Keffield Street (VA See Rte # 1834) to Its intersection with Bisca ne Street (Sec. Rte 1879). Not to Scale ,. '" ROANOKE COUNTY DEPARTMENT OF COMMlJNITY DEVELOPMENT Miller's Landing Acceptance of Miller's Landing Circle into the Virginia Department of Transportation Secondary System .~ ...... THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF MILLER'S LANDING CIRCLE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FU RTH ER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Wanda G. Riley, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation ACTION NO. ITEM NO. 5-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Acceptance of Charlestown Square and a portion of Elizabeth Drive into the Virginia Department of Transportation Secondary System SUBMITTED BY: Arnold Covey Director, Community Development Elmer C. Hodge ({r) County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: F.W.Finney Construction Corporation, the developer of Montgomery Village, Section 9 in the Vinton Magisterial District, requests that the Board of Supervisors approve a resolution to the Virginia Department of Transportation requesting that they accept 0.06 mile of Elizabeth Drive from the intersection of Finney Drive (VA. Sec Rte 1043) to its intersection with Charlestown Square, 0.09 mile of Charlestown Square from the intersection of Elizabeth Drive to its cul-de-sac. The staff has inspected these roads along with representatives of the Virginia Department of Transportation and finds the road is acceptable. FISCAL IMPACT: No county funding is required. STAFF RECOMMENDATION: Staff recommends that the Board approve a resolution to VDOT requesting that they accept Charlestown Square and a portion of Elizabeth Drive into the Secondary Road System. en ...... o 1:: "" 6 ..c: u oa ~ ~ (\) -+-' ro -+-' r./'J ~ o 8 (\) - en t- o o N 00 - r./'J .... "" .D 6 "" u "" (:l I oi:J "" "';:l o ro -0 ~ o u (\) r./'J (\) ..s o - r./'J Z o ~ E- ~ Q Q ~ Q ~ r./'J o 0... o ~ p.. I E 6 E '" .5 .c "" .... ::s [/l s:: .9 '5 "0 '" "" c:r:: '" .... o '" .e; "" c. ~ ~ ...... lrl 0 I "0 ~ 8 ~ c:l ~ xl o :B ~ f5 r./'J ~ Z ~ o ~ ~ .c E- ~ ~ .8 Q Q ~ 1:: "" 6 .c u .;g ~ :;.: S '" "Cl lrl ~ I Q ~ ~ ~ c r'al ~ ~ ~ ..c .5 ;: Oil 1: ! :a~~o; 'O...:l~~ <1)< U ...:.:: o l=: C'j o ~ a = = Q u rI.l = o Qj = rI.l ~~ = Q tZ rI.l ~ 0\ l:: o '.,= ~;c:- o:Eti: a:~o u <1) r/) <1)~ OJJ t\J - - > >-. I-< <1) a g "E o ~ '= .s l. Qj E-; = Q += :e "Cl < ..... Qj Qj l. .... 00 == Q ... rI.l s:' ... "Cl .c = 00 ... Q Qj S ~ Z .... Qj Qj ... .... 00 ... Q Qj e ~ ;z: c,.: . 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Wl'S3 I ~ 0.310. lie I S 8Z'12'./0'.E f 35. 00 '--, " ~ NEW , 0\ UJ1' 54 '?e> . <l>-:!:6 ACJ -1b-o' 10 '7-Gl 1 @ ~ '- PROPOSED ADDITION SHOVIN IN ORA Y DESCRIPTION LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feel; Houses Elizabeth Drive - from the intersection with Finney Drive (VA Sec, Rte # 1043) to its . intersection with Charlestown S uare. Charlestown Square - from the intersection of Elizabeth Drive to its cul-de-sac. 006 50 30 o 009 50 28 10 Not to Scale '" ROANOKE COUNTY DEPARTMENT OF COMMtJNITY DEVELOPMENT Montgomery Village, Section 9 Acceptance of Charlestown Square and a portion of Elizabeth Drive into the Virginia Department of Transportation Secondmy System. '" .,,- ,.J THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, IN REGULAR MEETING ON THE 18th DAY OF DECEMBER 2007 ADOPTED THE FOLLOWING: RESOLUTION REQUESTING ACCEPTANCE OF CHARLESTOWN SQUARE AND A PORTION OF ELIZABETH DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5(A) , fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the street(s) meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on March 9, 1999 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the street(s) described on the attached Additions Form LA-5(A) to the secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right- of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Recorded Vote Moved by: Seconded by: Yeas: Nays: A Copy Teste: Wanda G. Riley, Clerk Roanoke County Board of Supervisors pc: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manger Virginia Department of Transportation N-I GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA % of General Amount Amount Prior report balance $14,488,420 8.23% Addition from 2006-07 Operations 2,234,779 Audited balance at June 30, 2007 16,723,199 July 1, 2007 Payment on Loan from Explore Park 20,000 Balance at December 18, 2007 $ 16,743,199 9.51% Note: On December 21,2004, the Board of Supervisors adopted a policy to maintain the General Fund Unappropriated Balance for 2007-08 at a range of 8.5%-9.5% of General Fund Revenues 2007-2008 General Fund Revenues $176,033,678 8.5% of General Fund Revenues $14,962,863 9.5% of General Fund Revenues $16,723,199 The Unappropriated Fund Balance of the County is currently maintained at a range of 8.5%-9.5% of General Fund revenus and will be increased over time to the following ranges: 2008-2009 2009-2010 2010-2011 9.0%-10.0% 9.5%-10.5% 10.0%-11.0% Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge E: tt County Administrator N -2- COUNTY OF ROANOKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve (Projects not in the CIP, architectural/engineering services, and other one-time expenditures.) Audited Balance at June 30,2007 Amount $6,218,669.55 Transfer from Department Savings 489,135.00 Remaining funds from completed projects at June 30, 2007 257.39 August 28, 2007 Upgrade to the 800 MHZ Radio System (5,000,000.00) December 4,2007 Architect/Engineeering fees for the renovation of the former South view Elementary School (175,000.00) Balance at December 18, 2007 $1,533,061.94 Maior County Capital Reserve (Projects in the CIP, debt payments to expedite projects identified in CIP, and land purchase opportunities.) Audited Balance at June 30, 2007 $1,049,620.00 Appropriation from 2006-2007 Operations 2,279,410.00 July 24, 2007 Acquisition of property for Fleet Maintenance Facility (890,000.00) September 11, 2007 Needs assessment and program analysis for Glenvar Library Expansion (100,000.00) Balance at December 18, 2007 $2,339,030.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge (' fI' County Administrator ~-3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA From 2007-2008 Original Budget Amount $ 100,000.00 June 12,2007 Appropriation for Legislative Liaison ($24,000.00) June 26, 2007 Appropriation for the veteran's monument at the Vinton War Memorial ($30,000.00) Balance at December 18, 2007 $ 46,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge t 1< County Administrator ACTION NO. ITEM NO. tv-y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Accounts Paid-November 2007 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge E.fJ County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 4,331,794.47 Payroll 11/02/07 1,123,898.91 127,856.29 1,251,755.20 Payroll 11/16/07 1,091,295.89 111,303.67 1,202,599.56 Payroll 11/30/07 1,056,030.69 149,283.85 1,205,314.54 Manual Checks 2,534.80 2,534.80 Voids Grand Total $ 7,993,998.57 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. v gp ~ ~ :5 ~ .. > i Q a Q ~ ... Q .eo = = Q U N 'D :l o N 23 .... Sl v 1;j CI '" = .S ... ~ 'i: c. Q .. C. C. ~ "0 = ~ '" Q) u = ~ .. ,.Q 8 = u = >ool ci; Q) .. = ... :a = Q) C. io< >ool ... 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""" Q) = t"- = e Q) .... :0- ~ ~ ~ .... :5 .... ~ -; o. = > ... "" u " ~ "" """ i ~ ..... "0 ... '" ~ " = "" :;s S r-:' Q ~ 0 """ a "0 'C ~ " 00 ~ Q) " ~ r-:' ... ~ ~ ..... ~ .; ... .5 Q ... ~ .e- '" >ool = ... l() = Q 0 Q ... U = " Q) .; 8 .. Q) 0 a-. ... ... II N ~ ... OJ) C r/1 "" ..... = 00 ~ c ..... C N ~ " .... 0 Eo-< "" !l .. '" 00 0 0 t"- N :5 "0 on S = 0 .... = ... "ii .. en " = .... " E '" " 8 oj ~ .... 0 oj ;, v :=: p.., v 0 1;j ~ t ;;.. ::os CI p., 0 ";;j ";;j t:: 0 co "1: "" " i;l i;l 0 on ~ = ~ 0.. 0 ~ ~ v e-1 N ri: p:: 0 N ACTION NO, ITEM NUMBER fJ~lfl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: December 18, 2007. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investment and Portfolio Policy, as of November 30, 2007. SUMMARY OF INFORMATION: GOVERNMENT: SUNTRUST/ALEXANDER KEY SUNTRUST/ALEXANDER KEY CONTRA SUNTRUST SECURITIES SUNTRUST SECUR!TIES CONTRA 62,898,427.63 1,054,203.05 10,000,000.00 80,623.88 74,033,254.56 LOCAL GOV'T INVESTMENT POOL: GENERAL OPERATION 6,752,309.84 6,752,309.84 MONEY MARKET: BRANCH BANKING & TRUST SALEM BANK & TRUST SUNTRUST/ALEXANDER KEY SUNTRUST SECURITIES SUNTRUST SWEEP WACHOVIA 2,224,012.13 1,213,173.31 14,840,674.52 734,241.05 2,696,265.21 2,595,705.69 24,304,071,91 US-TREASURY BILLS/NOTES: SUNTRUST/ALEXANDER KEY TOTAL 989,304.62 989,304.62 106,078,940,93 12/05/07 Q AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 18, 2007 RESOLUTION CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each 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. ACTION NO. ITEM NO. R ...1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 18, 2007 AGENDA ITEM: Resolution of appreciation to Michael A. Wray for his service as a member of the Board of Supervisors from 2004 through 2007 APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside to recognize Michael A. Wray for his service as a member of the Board of Supervisors. Supervisor Wray's family has been invited to attend. A reception will be held at the Administration Center on the fourth floor at 5:00 p.m. prior to the evening session to say good-bye to Supervisor Wray. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 18, 2007 RESOLUTION OF APPRECIATION TO MICHAEL A. WRAY FOR HIS SERVICE AS A MEMBER OF THE BOARD OF SUPERVISORS FROM 2004 THROUGH 2007 WHEREAS, Michael A. Wray was first elected to the Board of Supervisors of Roanoke County to represent the Cave Spring Magisterial District in November 2003, and served from January 1, 2004, until his retirement on December 31, 2007; and WHEREAS, Supervisor Wray exhibited leadership by serving as Vice-Chairman during 2005; and as Chairman in 2006; and WHEREAS, Supervisor Wray has demonstrated a generosity of spirit in his service to the citizens of Roanoke County and worked diligently in his role as a supervisor to provide assistance to those in his district; and WHEREAS, during Supervisor Wray's tenure on the Board, Roanoke County embarked on the following projects and initiatives: )> The approval or completion of numerous major County capital improvement projects including: the new public safety center, South County library, North County fire station, fleet maintenance facility, 800 MHz radio upgrade, and the multigenerational recreation center. )> School capital projects including: the renovation of Northside High School, the upgrade of the technology infrastructure and telephone system, and the installation of security systems in all County schools. )> The approval or completion of the following regional projects: the formation of the Western Virginia Water Authority, the Western Virginia Regional Jail, the Route 220 water line extension into Franklin County, and continued inter-jurisdictional cooperation on parks and recreation programs, library services, and public safety. 1 > The institution of environmental initiatives which earned the County an Environmental Excellence Award from the Virginia Department of Environmental Quality including: a recycling program with drop off locations at Hollins University and in the Cave Spring District, participation in the Ozone Early Action Plan Compact, and joining Local Governments for Sustainability (ICLEI), an international association committed to improving the global environment through local action. > The development of financial policies and practices to build capital reserves and fund County and Schools Capital Improvement Programs which have garnered national attention and which will protect the County during times of economic recession. > The recruitment and expansion of over fifty businesses with an investment of more than $268 million and the creation of thousands of new jobs. WHEREAS, in addition to his duties as a Board member, Supervisor Wray also served with distinction on many committees and boards including the Roanoke Valley- Alleghany Regional Commission and Metropolitan Planning Organization; the Social Services Advisory Board; Juvenile Diabetes Research Foundation Board; the Clearbrook Civic League; the Citizens Advisory Committee for the Roanoke County Comprehensive Plan; the YMCA Central Branch Board of Directors; the Roanoke County Council of PTA's Board of Directors; and the Roanoke County Career and Technical Education General Advisory Council. 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 MICHAEL A. WRAY for his capable, and dedicated service to Roanoke County; and 2 BE IT FURTHER RESOLVED that the Board of Supervisors wishes Supervisor Wray continued success in his future endeavors. 3 PETITIONER: CASE NUMBER: Auslo, Inc. 19-10/2007 S-I Planning Commission Hearing Date: November 5, 2007 (Continued from October 2, 2007) Board of Supervisors Hearing Date: December 18, 2007 (Continued from October 23, 2007 & November 13, 2007) A. REQUEST The petition of Auslo, Inc. to rezone 1.421 acres from R-3, Medium Density Multi-Family Residential District, to C-2, General Commercial District, for the operation of an extended stay hotel, located near the intersection of Hershberger Road and Oakland Boulevard, Hollins Magisterial District. B. CITIZEN COMMENTS Three citizens spoke in opposition to the project. Ms. Kim Novak cited traffic and safety concerns. Mr. and Mrs. Peckman spoke regarding the impact to Carvins Creek and the Roanoke River. C. SUMMARY OF COMMISSION DISCUSSION Ms. Nicole Gilkeson presented the staff report. Information requested by staff from the petitioner had not been submitted in order to be considered for the public hearing. Philip Bane, Auslo Inc., and Wayne Wilcox, ACS Design, presented information for the petitioner. Members of the Planning Commission posed questions to the petitioner regarding the proffers presented at the meeting. Commissioners requested additional information before voting on this item. D. CONDITIONS E. COMMISSION ACTION Mr. Jarrell made a motion to continue the public hearing until the Planning Commission's November 5th meeting. The motion carried 4-0. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission .., ,', .....,. "... ,',c. .....SJAFFREPORT Petitioner: Auslo, Inc. Request: Rezone 1.42 acres from R.3, Medium Density Multi-Family Residential, District to C-2, General Commercial, District to construct an extended stay hotel Location: Hershberger Road and Oakland Boulevard Magisterial District: Hollins Proffered Conditions: None .' , ...... ,.. .. ."".','" .. ~ 'c.' .. -:::. :..... . : \.".__"._,._'~UO_m~"."__."..', ., EXECUTIVE SUMMARY: Auslo, Inc. {Philip Bane is requesting the rezoning of 1.42 acres from R-3, Medium Density Multi-Family Residential, to C-2, General Commercial, in order to construct an extended stay hotel. The applicant is proposing a 4,500 square foot building, which is proposed to have 35 units and an office. The site is composed of two parcels, both of which are designated Transition by the 2005 Roanoke County Community Plan. Transition policy encourages the orderly development of highway frontage parcels with a high degree of architectural and environmentally sensitive site design for office, institutional, higher density residential, park and small-scale coordinated retail uses while serving as a buffer between highways and adjacent lower intensity land uses. In this future land use designation. intense retail and highway-oriented commercial uses are discouraged. Hotel use is not a preferred use of the Transition designation; however, garden style apartments are recommended at a density of 12 to 24 units per acre; the density of the hotel units proposed is 25 rooms per acre, The submitted concept plan does not illustrate creative architecture or environmentally sensiUve site design. With the proper architecture and site design, this project could potentially fit the Transition designation. Traffic generation is not expected to be significant and therefore, no traffic study will be required The topography of the site is significant to this proposal; therefore, staff has concerns about slope, the proposed retaining walls and [he ability to meet site development requirements because of these issues. Staff also believes that information not provided in the application, such as architectural renderings, top and bottom elevations of the retaining walls, adequate number of parking spaces shown on the site plan, setback requirements, a preliminary grading plan and limits of construction would be essential to understanding how the development can be built on this site in conformance with all applicable regulations. Staff has spoken with the petitioner's representative regarding proffered conditions; to date, no proffered conditions have been officially submitted in writing. Should the Planning Commission choose to recommend approval of the petition, it should be with proffered conditions that address the following: 1. Conformance with the concept plan 2. Architectural design 3. Use of property as a hotel/motel/motor lodge 4. Sign area and height 5. Exterior light fixture height 6. Conformance with a preliminary grading plan 1. APPLICABLE REGULATIONS Hotel/Motel/Motor Lodge is allowed by right in the C-2, General Commercial, District. Site Development review is required. Virginia Department of Transportation (VDOT) approval will be required for any changes to or impacts in the right-of-way of Hershberger Road or Oakland Boulevard. A commercial entrance permit is required by VDOI. Stormwater management regulations and the Virginia Erosion and Sediment Control standards provide for the protection of properties and waterways downstream from development sites, 2. ANALYSIS OF EXISTING CONDITIONS Backqround - The petitioner, Auslo, IncJPhilip Bane, currently owns the property, which is comprised of two parcels totaling 1.42 acres. There are no existing buildings on the site. The concept plan illustrates that one 4,500 square foot building for 35 units and an office would be constructed on the site. There is approximately 250 frontage feet along Hershberger Road (Route 625), approximately 430 frontage feet along Oakland Boulevard and approximately 105 frontage feet along ,John Richardson Road (Route 743). Both parcels are zoned R-3, Medium Density Multi-Family Residential. TopoQraphylVeqetation - The property rises approximately ten feet from east to west along the north portion of the property adjacent to Hershberger Road, The center of the property is flat from the corner of Hershberger Road and Oakland Boulevard to the rear of the property, where it plunges sharply down to Carvins Creek. Total elevation drops approximately 44 feet across the site from the high point at the north of the property to the creek bank. Because of these steep slopes, the developer is proposing to grade the site down approximately ten feet, necessitating retaining walls along the front and rear of the property. Current floodplain maps show the approximate localion of floodplain and ftoodway bordering the southern property boundaries, Vegetation consists of mixed deciduous and evergreen trees, located along the steep sloping portion of the property to the creek bank. While it looks like no work will take place in the floodplain, staff feels that the petitioner should submit a preliminary grading plan showing the top and bottom elevations of the retaining walls, the building pad, and the limits of construction, as well as preservation of existing vegetation, Surroundino Neiqhborhood - The subject site is zoned R-3, Medium Density Multi-Family Residential, and both parcels are currently undeveloped. The adjoining property to the east is zoned C-2, General Commercial, and is owned by the Roanoke County Board of Supervisors. This is the proposed site of the fulure North County Fire Station. Further to the east is the historic Harshbarger House, which is listed on the State and National Register of Historic Places. The property is bound to the south by ,John Richardson Road (Roule 743), South of John Richardson Road at the intersection with Oakland Boulevard is property located in the City and zoned R-l, Residential. The property is also located within the City's River and Creek Corridor Overlay District. Other properties to the south are zoned R-3, Medium Density Multi-Family Residential, and R-1, Low Density Residential. The property is bound to the west by Oakland Boulevard and the Roanoke City Limits. Across Oakland Boulevard in the County is property zoned R-3, Medium Density MulU-Family Residential, and properties within the city limits are zoned R-7, Residential Single- Family District, and are currently vacant Property to the north across Hershberger Road is zoned C-2, General Commercial, with office and commercial uses and a vacant parcel. Staff notified the City of Roanoke of the project and received correspondence from Roanoke City's Planning, Building and Development Department with the following comments; "The subject property is adjacent to areas of the City of Roanoke that are zoned R-7 (residential, single family) These areas area also recommended for future single-family development by the City's Williamson Road Area Plan. Accordingly we would like to suggest that the use (an extended stay hotel) be proffered and that the rezoning be subject to substantial conformance to the proposed site plan attached to your memo of August 3D." 3. ANALYSIS OF PROPOSED DEVELOPMENT Site LavouVArchitecture - The structure would be 4,500 square feet and have three stories. The building would be L-shaped with the longer side facing Hershberger Road and the shorter side facing Oakland Boulevard, Per the application, the building would be steel-frame construction. The concept plans shows the structure to be greater than forty feet in height. Per the C-2, General Commercial, District zoning regulations. the building would not be limited in height, as it does not adjoin residential property. No proffer to restrict the height of the building has been submitted to date. The concept plan illustrates that the site would be graded down approximately ten feet, thus creating the need for retaining walls in the front and the rear of the property, To date, no top and bottom elevations or a preliminary grading plan have been submitted, and staff is concerned about the wall height and location relative to site appearance and the potential spatial constraints to site development. Floodplain and ftoodway border the southwest and rear of the property; however, construction appears that it will have no impact per the concept plan. AccessfTraffic Circulations - The concept plan provides access at Oakland Boulevard and Hershberger Road, Parking will exist along the edges of the property adjoining Hershberger Road and Oakland Boulevard. A ten-foot landscaping buffer and retaining wall are proposed to screen parking from the roads. Forty-spaces are required, however only thirty-five spaces are showing on the plan This does not meet the minimum parking requirements as stated in the Zoning Ordinance for thirty-five rooms and an office, Interior landscape planlings will also be required for the parking lot. VDOT review indicates that the proposed rezoning will increase the potential traffic generated from the site, and that the VDOT Minimum Standards of Entrances to State Highways should be adhered to where applicable. Per VDOT, no Traffic Impact Analysis will be required. Site distance appears to be adequate in both directions; however, site distance at both proposed entrances should be field verified and measures taken to ensure that the required site distance is obtainable. The petitioner is proposing to add new right- of-way along Oakland Boulevard, The placement of the proposed freestanding sign should be considered in regards to the site distance triangle, The Zoning Ordinance required one loading zone; currently no loading zone is shown on the plan Fire & Rescue/Utilities - Fire and Rescue staff report that the project site is located approximately 2.4 miles from the first due Hollins Fire Station and adjoins the property for the proposed new North County Fire Station to be constructed. The closest water for fire suppression is located on Oakland Boulevard near Hershberger and in front of Friendship Manor on Hershberger Road. Fire and Rescue staff are in favor of the two proposed entrances, as this will maintain two routes to access the building. One additional fire inspection would be constructed at this site annually, Public water and sanitary sewer are available to this site. ScreeninQ and Bufferino/Exterior Lioiltino - The petitioner's concept plan indicates a ten-foot landscaping buffer where parking is adjacent to Hershberger Road and Oakland Boulevard, No other screening and buffering are shown on the concept plan. Staff is requesting a preliminary grading plan to show the limits of construction to determine how much existing vegetation will be preserved to serve as a screen to the established neighborhood to the south. Staff recommends a proffer be included to consider exterior light fixture height. Community Meeting - A community meeting was held on September 12, 2007, to allow the petitioner and staff to discuss the proposal with area property owners, Approximately 20 people attended the meeting, all of which were nearby homeowners and residents of Roanoke City. Residents voiced concern over traffic, site distance from Hershberger Road westbound, decreasing property values, impacts on Carvins Creek and safety issues, 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The project site is designated Transition by the 2005 Community Plan. Transition policy encourages the orderly development of highway frontage parcels with a high degree of architectural and environmentally sensitive site design for office, institutional, higher density residential, park and small-scale coordinated retail uses while serving as buffers between highways and adjacent lower intensity land uses. Currently no architectural rendering has been submitted to staff and no additional information illustrating that the site design will be environmentally sensitive in regards to the topography, Carvins Creek and the associated floodplain, or the preservation of existing vegetation. While hotels are not identified as being desirable within the Transition designation, garden apartments at a density of 12 to 24 units per acre are listed as an appropriate land use type, The site concept plan shows 35 units and once office, and therefore the density of the hotel units would be 25 units per acre, slightly denser than suggested for apartments by the Community Plan. If further information is submitted illustrating the site design is architecturally creative and environmentally sustainable, staff concludes the proposal for the extended stay hotel may conform to the Transition future land use category as described in the Roanoke County Community Plan. 5. STAFF CONCLUSIONS The proposal by Auslo, Inc'/Philip Bane could provide a transitional land use between Hershberger Road and the established single-family residential neighborhood to the south, Unfortunately, it is uncertain at this lime if the project would provide this buffer in a way that is reasonable per Community Plan policy as further information is needed to comprehend the layout of the site, The topographic challenges of the site and the necessary removal ot vegetation surrounding Carvins Creek add a layer of site development concern. The grading and clearing could influence the creek and the surrounding floodplain. Because the parcels front on three rights-ot-way and one property zoned C-2, General Commercial, no buffering is required and the clearing of vegetation along the south of the property may make this visible to the neighborhood to the south of the property. This approach does not support the basic goal of all design guidelines to "design all new and redeveloped sites in harmony with their surroundings, improve the general appearance of the site and strengthen community identity." Alternative site configuration could be explored, However, no documentation regarding clearing, grading or the details of the retaining wall has been received by staff. Additionally, a site plan showing the sufficient parking as required by the Zoning Ordinance, would better illustrate the fit of parking on the site. If the Planning Commission recommends approval of this proposal, staff request that the following proffers be submitted: 1. Conformance with the concept plan 2 Architectural design 3. Use of property as a hotel/molel/molor lodge 4, Sign area and height 5. Exterior light fixture height 6, Conformance with a preliminary grading plan CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: 19 -10/2007 Nicole Gilkeson PC: 10/212007 BaS: 10/23/2007 Rezoning Application Future Land Use Map Zoning Map Aerial Map Topography and Floodplain Map R-3 District Regulations C-2 District Regulations Letter from VDOT dated September 12, 2007 County of Roanoke F.rS"lfu"o~ - CJ\OJ\ 0 \ . Community Development DD~/~cived: RC~Y: Planning & Zoning .~ I () i (1'1 , ApplicDlion qC: 1"('1 dOIC,: 5204 Bernard Drive '\00 0(') \ () .;t I ((1 POBox 29800 P loeards issued: BOf 8; 6;.3 J 0'\ Roanoke, VA 24018-0798 (540) 772-2068 FAJ((540)776-7155 CllSe Number J..1. - \ 0 / dOO'\ - . 1 ALLAPPUC.ANTS Check type of application filed (check all that apply) NRczoning 0 Spccilll Use o Variance OWnivcr o Administrative Appeal o Camp Plnn (15,.2-2232) Review Applicants name/address wlzip Auslo, Inc Phone: 540.774.5050 Philip Bane Work: 540.774.5050 1709 Peters Creek Road Cell #: 540 2Ql 0271 Roanoke, V A 24019 Fax No.: 540.774.507I Owner's name/address wlzip Auslo, Inc. Phone #: 540.774.5050 Philip Bane Work: 1709 Peters Creek Road Fax No, #: 540.774.5071 Roanoke, VA 14019 Property Location Magisterial District: Hollins Hershberger Road & Oakland Boulevard Hollins Community Planning area: Tax Map No.: Exisling Zoning:R-3 Medium Density Multi-Family Residential 038.15-01-10.00-0000 & 038.15-01-09.00-0000 Size of'parcel(s): Acres: 1.421 Existing land Use: undeveloped REZONING, SPEClAL USE PERMIT, WAJTIER AND COMP PLAN (15.2-.'2232) .REVIEW APPJ.JCANTS (RlSIW/CP) Proposed Zoning: C-2 General Commercial District Proposed l.and Us~: HotellMotellMotor Lodge - by right (Extended Stay Hotel) f!:;the parcel meet the minimum lot area, width, ilnd frontage requirements of the requested district? Yes No IF NO, A VARIANCE IS REQUIRED F~ Does the parcel meet the minimum criteria for the requested Use Type Yes No IF NO, A VARIANCE IS REQIDRED FIRST If rezoning request, are conditions being proffered with this request? Yes No ",' ... . , ,... " V ARlANCE, W.A.l'Y.ER.A.fVIJ ADMINIS,TRATIv.B APPBALAPPUCANTS (V/W/M) VarianceIWaiver of Section{s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check ifenc1osed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. rus/w/er VIM EE3 Consultation Application Juslification I hereby certify that I am either the o\Vnero oftlle owner. RJS/W/CP VIM RlSIWICP V/AA 8112" x II" concept plan EE Applicalion fee Metes and bounds description . ProlTers, if applicable Waler and sewer application Adjoining property owners e property or lhe owner's agent orcontract purchaser and am acting wilh lhe knowtedge and consent Owner's Signature 2 .JUSTIFICATION FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-21.32) REVIEW REQUESTS Applicanl Auslo, Inc. I Philip Bane The Planning Commission will sludy rezoning, special use permit waiver or community plan (15.2-22.32) review requests 10 determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please eltplain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. This project: . enlarges the local economy and tax base; . preserves valuable agricultural and forestal lands by focusing development in urbanized areas; . brings commercial growth to an existing urban service area; . locates commercial growth along a major thoroughfare (Hershberger Road); . fits with other diverse commercial offerings along Hershberger Road; and . transitions between those commercial uses and the nearby residential neighborhood. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This site and the 3cUacent area are labeled "Transition" on the Community Plan's "Future Land Use Map" for the Hollins area. This project does not interfere with future greenways. At a site visit with Ms" Liz Belcher, Greenways Coordinator, she said that it was only logical that a future greenway would rest on the opposite side ofCarvins Creek from this project site This pn)ject is infill development of a presently vacant parcel surrounded by urban uses It encourages economic development and tourism by providing alternative lodging for business and personal uses, Please describe the impacl(s) ofthe request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. This project will fully exploit the property's developable assets while preserving vegetation and side slopes along the Carvins Creek corridor This project will provide a valuable resource to the business community and nearby residences WVW A has sufficient capacity in the public water and sewer lines along Hershberger Road.. The traffic impact on Hershberger Road from this project will be minimal. VDOT has said that the project does not meet the Section 527 requirements for a Traffic Impact Study.. This project will not create additional students in Roanoke County schools nor any significant attributable impact on parks and recreation facilities, but it will provide additional tax revenue to fund schools and other public services A new fire stalion is planned for a site immediately east of this project 3 l CONCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request In such cases involving rezonings, the applicant may proffer conditions to limit the furure use and development of the property and by so doing, correct any deficiencies that may not be manageable by County pennitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use pennit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations A concept plan is required with all rezoning, special use permit, waiver, community plan (15,2-2232) review and variance applications. The plan should be prepared by a professional site planner The level of detail may vary, depending on the nature oHlle request The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALI.- APPLICANTS L a. Applicant name and name of development ../ b. L c, ./ d. ../e ./ f .:L g ../ h. ../ i ../j Date, scale and north arrow Lot size in acres or square feet and dimensions location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use ofal1 adjacent properties All property lines and easements All buildings, existing and proposed, and dimensions, floor area and heights Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional informatio/1 required [or REZONING and SPECIAL USE PERMIT APPLICANTS ./ k VI ../ L n, ./ -L p V q, Existing utilities (water, sewer, stonn drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections o Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed Ifproject is to be phased, please show phase schedule I certify that all items required in the cllecklist above are complete, ~ _ktOJ -) 7 u;-~l5:te 6 AUSLO, INC. 1.422 ACRES (TAX NOS. 38.15-01-9 and 38.15-01-10) BEGINNING at a point in John Richardson Road (Virginia Secondary Route 743) on the west side of Carvins Creek; thence with John Richardson Road S. 810 22' .33" W. 104.55 feet to a point on the east side of Oakland Boulevard, NW; thence with the same N. 90 01' 08" E., passing a 5/8" steel re-bar on line at 60.00 feet, a total distance of 295.26 feet to a steel re-bar with cap; thence N. 830 20' 04" E. 8.00 feet to a steel re-bar with cap; thence N. 2000' 20" W. 33.11 feet to a steel re-bar with cap; thence N. 470 04' 17" E. 37.20 feet to a steel re-bar with cap on the south side of Hershberger Road (Virginia Secondary Route 625); thence with the same N. 810 58' 37" E. 211.06 feet to a 5/8" steel re-bar; thence S. 540 33' 25" E., passing a 5/8" steel re-bar on line at 41.71 feet, a total distance of 93.00 feet to a steel re-bar with cap on the west side of Carvins Creek; thence with the same S. 540 29' 35" W. 155.04 feet to a steel re-bar with cap; thence S. 550 51' .35" W., passing a 5/8" steel re-bar at 22.21 feet, a total distance of 43.00 feet to a 5/8" steel re-bar; thence S. 50028' 35" W. 74.85 feet to a steel re-bar with cap; thence S.160 41' 50" W. 143.49 feet to a point; thence S. 40 39' 25" W. 11.60 feet to the point of BEGINNING, containing 1.422 acres, and being more particularly shown on the Plat of Survey dated March 10, 2006, prepared by C. H. Linkous, II, Land Surveyor, a copy of which is attached to the deed to Auslo, Inc. recorded in the Roanoke County, Virginia Circuit Court Clerk's Office as Instrument No. 200614854. Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition ifnew or additional infonnation is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff andlor an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note: a list oj potential land uses and situations that would necessitatefurther study is provided as part of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses and/or traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is warranted, the applicant will be notified of the continuance and the newly scheduled public hearing date. Effective Date: April 19, 2005 (., .,;""-"- r:lflU ..=~I ,1\:': "-\;', : ',~~~;" \ ';, '. ~ \ ': : , '. I j .. ~ VINI01:M 'A1NnOJ 3)(ONVO~ '~NI 'OlSnV 1310H AV1S 030N3!X3 I H g illIJ ~~ ~. lEi ';M ,;.at I U ~sa ;;. _ ~ . hd~ ~ ~ 1 1 ~ .~ eO:: .::;: ~51 ~G. .... .{ I: j} ;' / ;. I I ,'~ ) , I It' Ji I \(: :\ \; " .;.!:t~ ~~2~ ] ~ ~g ~g.Eg e :g. ~"i S'~~e ~ g;;. .s~ ~,,~~~ g: ~5 ~~ 2:"7.85 "3 ~e .=~~ ~a.~:; 3:se- ~ c ~ : ~.~ ~ ..2 '~ t: ~ j .~ ~ -t5 e ii ~ -g ~ "3=:: ~,Jwo ~ ~~ ~ -< '-= ~ oS ~:: c u ~ - ~~ .g"B~-= E g ;-00 ~ ~ 1! cae 'IO::a: .- .t= - U Q.- :10 .t: ""_ " '~~"':.~~~~ ~ ~~~-gCD;c.s:: ~~~~ ~ ~~~.g~r- ~ 5 ~1;:-Q t ,= ~ t S s ~ 5 e ~ ~ 1 ~> ~ tD..Q c.. f!J "'0 ~. c.. u u ] 5 ~ ~ tl ;.; ~ ~ ~ E ~ ,.:: _ Q.,,,c u '... u t: CJ iii Q.. Cl."'O cii 5 ~ ~ 5 e-] i: g et:: ~ fJ g i=::I:Ol:::':I:,,-ua~..oFr=c;:; ~v)\Ci <:> ~ ~ o ... ... ",. ~ f:; =~ " fE. i~ .~ .,.. ,,~(;~ s::: !;eo. Ul ~ ..~t; ~ " < '<=: U EO ell IS i:i f 15 ~ <:> '-"~ ',,\ ~\ :'\ '\ 0'0' .'...,.......,..'lI 'n. .'we 1J.1:Mt1........1I d 'II.....I~t.II:l.W'1ll..II\.04'"7l>w)_,,~IM....."1I,a....wiUllol1l'''0';1 Lan d Use _ Conservation _ Rural Preserve _ Rural Village \o1l1ag e Center Development Neighborflood Conservation _ Transition _ Core _ Prindpallndustrial Roanoke County Department of Community Development N A Applicants Name: Auslo, Inc Existing Zoning: R 3 Proposed Zoning: C2 Tax Map Number: 038.15-01-10 & 038.15-01-09 Magisterial District: Hollins Area: 1.421 Acres 14 August, 2007 Scale: 1" = 100' ZONING _AG3 .EP .AG1 AR .AV C1 .C2 _ C2CVOD , 11 _12 .PCO I PRO .PTD R1 R2 R3 R4 Roanoke County Department of Community Development N A Applicants Name: Auslo, Inc Existing Zoning: R3 Proposed Zoning: C2 Tax Map Number: 038.15-01-10 & 038.15-01-09 Magisterial District: Hollins Area: 1.421 Acres 14 August, 2007 Scale: 1" = 100' ;..1\;;s,..<^ "1Zr . OJ .2:! o \D III ro ::J CT Q} ..c u !: ...... OJ ] (Jl N . U ,9 ('I') . ~ Q) C o N Q) ~ (.) 0 C..... Q) (5 :I: >t n:s [fj "'C Q) C "'C 0 CO+:; Q) (J)"- ..... a; ..ti~o.. Ii '0:: ~--- I ~ / \1 03 :r: VI a:: III :r: ~ ~ 0) ~ o "" :>< -.:::t ----- ~-c0 N._.'..~_. o ...- ,,::--:----/ '. . -'-"--...,,-~"""""""-- ---.:::---- 1Il Ql t:: .::i '-'_ t:: ",:! : Ii II -. 0 riii~!i~ i..~!'{ ~ ~ 11W'! Hp!h: > ;.j!iUi iif;ht. ~ jli/Ilil ll[r:!f I UJ ! rUUhli 1!!iU~ I 8. 8. ~ !~l1pr~! IW~! ,(/) (/) muiH II!lHj j Ql.!!2 jHth!1 pili! i ~ r5 lWjljil: :HHjIj J~ ~ Cf) II': . ~fI'L ~ ~ ,--------- ~ -:---- ro . "Cl t:: :::l o ~ CD ~ .c ... c o ::l III 0 t:: 0 ~ h' o (3 10 ,""---'---'- ~ lo..~1 ------- -'-' - .", ~.' fl.' lm '" , eo!>';; ; ~;'E2~ :.-~~U~~ . ~ .-6~:i: ~ j"' ~- ~ ..... OJ J!! o I,() _. ,,-l~ Ul -.~l~( ." ~ . g- J:: U S .-1 (IJ ~ l.I1 N . U o -- M . Q) 0::: -0 Q) ::I: c: >" 0 ~ ~ U) . 0:: "CUO Q)C-- - c "C -0 s: 0._ ,:::(j)== ><:::::J-- W<(~ SEC. 30-45. R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.. Sec. .30-45-1. Purpose. (A) The purpose of the R-3, medium density multi-family Residential district is to provide areas in the county within the urban service area where existing middle-high density residential development (six (6) to twelve (12) units per acre) has been established and land areas which generally appear to be appropriate for such development This district is intended to coincide with the development and transition land use categories contained in the community plan. They are designated based on access to major streets, sewer and water, and schools with suitable capacity to accommodate development at the stated density, and where parcel sizes allow for well- planned residential development. The areas designated in this district are also intended to serve as a buffer between less intensive residential areas and more intensive office, commercial and industrial areas and districts. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. (Ord. No. 042799-11, S If, 4-27-99) Sec. 30-45-2. Permitted Uses, (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses, 1. Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Multi-fanlily Dwelling * Residential Human Care Facility Single Family Dwelling, Attached * Single Family Dwelling, Detached (For Zero Lot Line Option - *) Single Family Dwelling, Attached and Detached (Cluster Subdivision Option - *) Townhouse * Two Fanlily Dwelling * 2. Civic Uses Community Recreation * Family Day Care Home * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 3, Commercial Uses Boarding House 4. Miscellaneous Uses Amateur Radio Tower * (B) The following uses are allowed only by Special Use Pennit pursuant to Section 30- 19" An asterisk (*) indicates additional, modified or more stringent standards are listed in A.1ticle IV, Use and Design Standards, for those specific uses. 1 " Residential Uses Home Beauty/Barber Salon * 2. Civic Uses Adult Care Residences Cemetery '" Crisis Center Cultural Services Day Care Center * Educational Facilities, Primary/Secondary * Safety Services * Utility Services, Major * 3,. Industrial U5es Landfill, Rubble * 4. Miscellaneous Uses Outdoor Gatherings '" (Ord,. No. 62293-12, ~ 9,6-22-93; Ord. No. 82493-8, g 2, 8-24-93; Ord.. No. 62795-10, 6- 27-95; Ord. No. 042799-11, S 2, 4~27-99; Ord. No. 042500-9, ~ II, 4-25-00) Sec. 30-45-.3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements, 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a.. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4" Where a lot fronts on more than one street, front yard setbacks shall apply to all streets, (C)Maximum height of structures 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D)Maximum coverage. 1" Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings, 2.. Lot coverage: 60 percent of the total lot area. (Ord. No" 62293-12, ~ 10,6-22-93) SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. Sec. .30-54-1. PUIpose. (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas of the county. This district is intended for general application throughout the county. General Commercial Districts are most appropriately found along major arterial thoroughfares which serve large segments of the county's population. The C-2 district pemlits a wide variety of retail and service related uses. Land uses permitted in this district are generally consistent with the recommendations set forth in the Transition and Core land use categories of the Comprehensive Development Plan.. Site development regulations are designed to ensure compatibility with adjoining land uses. Sec. .30-54-2. Permitted Uses.. (A) The following uses are permitted by right subject to all other applicable requirements contained in tIlis ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-Family Dwelling * Two-Family Dwelling * 2. Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Family Day Care Home * Guidance Services Park and Ride Facility * Post Office Public Assembly Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3. Office Uses Financial Institutions 01: General Office Medical Office Laboratories 4.. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile RentallLeasing Automobile Parts/Supply, Retail * Bed and Breakfast * Boarding House Business Support Services Business or Trade Schools Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Conunercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Funeral Services Garden Center * Gasoline Station * Hospital HotellMotellMotor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5, Industrial Uses Recycling Centers and Stations * 60 Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by Special Use Pennit pursuant to Section .30- 19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. lo Civic Uses Adult Care Residences Halfuray House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Automobile Dealership, Used * Automobile Repair Services, Major * Car Wash * Commercial Indoor Amusement Convenience Store * Dance Hall Equipment Sales and Rental * Manufactured Home Sales * Mini-warehouse * Outpatient Mental Health and Substance Abuse Center Recreational Vehicle Sales and Service * Restaurant, Drive-in and Fast Food * Surplus Sales T JUck Stop '" .3. Industrial Uses Custom Manufacturing * Landfill, Rubble * Transportation Terminal 4. Miscellaneous U~es Broadcasting Tower * Outdoor Gatherings * Card. No. 82493-8, S 2, 8-24-93; Ord. No. 022796-14, S 1,2-27-96; 042297-14, S 1,4- 22-97; Ord. No. 042799-11, S 2, 4-27-99; Ord, No. 10280.3-15, ~ 2, 10-28-03) Sec. .30-54-.3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements 1. Lots served by private well and sewage disposal system; a.. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2, Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street (B)Minimum setback requirements. 1, Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the fi-ont building line. b. Accessory structures: Behind the front building line. 2, Side yard: None, 3. Rear yard: a. Principal structures: 15 feet b.. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height oj structures 1. Height limitations: a. Principal structures: When adjoining property zoned R-l or R-2, 45 feet, including rooftop mechanical equipment The maximum height may be increased, provided each required side and rear yard adjoining the R-l or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless othelWise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D)Maximwn coverage. 1. Building coverage: 50 percent of the total10t area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, 9 10,6-22-93) COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION PO BOX 3071 SALEM, VA 24153-0560 DAVID S. EKERN, P.E, COMMISSIONER September 12, 2007 Ms. Susan Carter Roanoke County Planning Department POBox 29800 Roanoke, VA 24018 Faxed 540-772-2108 RE: Rezoning - R-3 to C-2 Auslo, Inc, Philip Bane Proposed Land Use - HoteVMotellMotor Lodge Route 625 (Hershberger Road) & Oakland Boulevard Dear Ms Carter: We have reviewed the above mentioned rezoning request and offer the following comments: 1 The proposed rezoning will increase the potential traffic generated from the site 2. With the addition of proposed commercial entrances, the VDOT Mini~um Standards of Entrances to State Highways should be adhered to where applicable This would include meeting minimum sight distance requirements 3 The current posted speed limit along Hershberger Road is 40 mph The minimum required intersection sight distance is 445 feet and appears to be adequate looking in both directions The current posted speed limit along Oakland Boulevard is 25 mph The minimum required intersection sight distance is 280 feet and appears to be adequate looking in both directions Sight distance at both proposed entrances should be field verified and measures taken to ensure the required sight distance is obtainable.. 4 Upon review and approval of site plans, a commercial entrance permit and/or a land use permit will be required for work within VDOT right-of-way Information regarding any changes to the existing drainage system should also be included for review WE KEEP VIRGINIA MOVING Ms Susan Carter September 12,2007 Page 20f2 Should you have any questions, please do not hesitate to call Thank you Sincerely, ~tl~ Scott A Woodrum, P E Staff Engineer VDOT, Salem Residency REVISED PROFFERS REZONING APPLICATION OF AUSLO, INC. Case No.: 19-10/2007 December 10,2007 1. Use of the Property will be limited to a hotel, motel or motor lodge, including an extended stay facility. 2. The Property will be developed in substantial conformity with the following attached drawings: (a) "Concept Plan", dated December 10, 2007, prepared by ACS DESIGN, LLC. (b) "Conceptual Grading Plan", dated December 1 0, 2007, prepared by ACS DESIGN, LLC. (c) "Conceptual Landscape Plan", dated December 10, 2007, prepared by ACS DESIGN, LLC. 3. The architectural design of the building will be in substantial conformity with the Building Elevation Drawings, titled "Extended Stay Hotel", dated November 30, 2007, prepared by Blue Moon Design Group. 4. The height of the building will not exceed 45 feet from finished floor elevation. 5. A monument style sign will be constructed adjacent to Hershberger Road and will not exceed 5 feet tall by 8 feet wide. The sign will use the same fayade materials as the building and will be illuminated by ground-based fixtures. 6. Signage placed on the building will occupy less than five percent of the building fayade area. Lettering will not exceed 18 inches in height. 7. Exterior freestanding light fixtures will not exceed 14 feet in height. 8. Public access to the Property will be limited to one access on Hershberger Road as shown on the above-referenced Concept Plan. 173981112586454vl 9. Access to the Property from Oakland Boulevard will be limited to emergency service vehicles. The emergency access will utilize a pervious paving system and will include a mountable curb. The emergency access will not exceed 12 feet in width. Above-ground signs and pavement markings will designate this access for "EMERGENCY ACCESS ONLY". 1 O. In order to prevent siltation of Carvins Creek, a double row of silt fencing will be installed and maintained on the Property at the limits of disturbance above Carvins Creek until permanent stabilization of the site is established. AUSLO, INC. BY:~ Phil' Bane, President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ROANOKE ) ) ) To-wit: Subscribed and sworn to before me, a notary public in and for the jurisdiction aforesaid, by Philip Bane, on behalf of Auslo, Inc. Mr. Bane is personally known to me and affixed his signature this I /~ay of December, 2007. ~dLt' ;€t ::;ftVc Notary ubhc My commission expires: S-e.brUWlj 6!o/ /10(0 ..I..'~' f.....~. -. -.. '. .....:... ..\\\ M. "/1) """ .- ~ ...."......... f ". f I'~ 0 TAR ;.......\ 1*1 ........... \*\ : (): pusue : c( : ~~\-a ,,-~.i~f . . \'1"\ f>.-'" ' "':: . .... ....::. I 1r:"1S"'.. ...~/ .Ol!.,.:., ".\;; . , .~~yiA.~'i'rl'.Q~ .~/ ". .. . ~ .~. " ' J 7398/J/2586454vl AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 18, 2007 ORDINANCE TO REZONE 1.42 ACRES FROM R-3, MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT WITH CONDITIONS, FOR THE CONSTRUCTION OF AN EXTENDED STAY HOTEL LOCATED AT THE CORNER OF HERSHBERGER ROAD AND OAKLAND BOULEVARD (TAX MAP NOS. 38.15- 1-9 AND 38.15-1-10), HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF AUSLO, INC.lPHILlP BANE WHEREAS, the first reading of this ordinance was held on September 25,2007, and the second reading and public hearing were held November 13, 2007, and continued to December 18, 2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 2, 2007, which was continued to November 5, 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 1.42 acres, as described herein, and located at the corner of Hershberger Road and Oakland Boulevard (Tax Map Numbers 38.15-1-9 and 38.15-1-10) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-2, General Commercial District with Conditions. 2. That this action is taken upon the application of Auslo, Inc. /Philip Bane. 3. That the owner ofthe property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Use of the property will be limited to a hotel/motel/motor lodge, including an extended stay facility. (2) The property will be developed in substantial conformity with the following attached drawings: (a) "Concept Plan" dated December 10, 2007 and prepared by ACS Design; (b) "Conceptual Grading Plan" dated December 10, 2007 and prepared by ACS Design; (c) "Conceptual Landscape Plan" dated December 10, 2007 and prepared by ACS Design. (3) The architectural design of the building will be in substantial conformity with the Building Elevation Drawings, titled "Extended Stay Hotel" dated November 30, 2007 and prepared by Blue Moon Design Group. (4) The height of the building will not exceed 45 feet from finished floor elevation. (5) A monument-style sign will be constructed adjacent to Hershberger Road and will not exceed 5 feet tall by 8 feet wide. The sign will use the same fac;:ade materials as the building and will be illuminated by ground-based fixtures. (6) Signage placed on the building will occupy less than 5 percent of the building fac;:ade area. Lettering will not exceed 18 inches in height. (7) Exterior free-standing light fixtures will not exceed 14 feet in height. (8) Public access to the Property will be limited to one access on Hershberger Road as shown on the above-referenced Concept Plan. (9) Access to the Property from Oakland Boulevard will be limited to emergency service vehicles. The emergency access will utilize a pervious paving system and will include a mountable curb. The emergency access will not exceed 12 feet in width. Above-ground signs and pavement markings will designate this access for "EMERGENCY ACCESS ONLY." 2 (10) In order to prevent siltation of Carvins Creek, a double row of silt fencing will be installed and maintained on the Property at the limits of disturbance above Carvins Creek until permanent stabilization of the site is established 4. That said real estate is more fully described as follows: 1.422 acres being Tax Map Nos. 38.15-1-9 and 38.15-1-10. 5. 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" ~ - ~ 8 ~~.j <OO.<:lliti 3" 9 ~. ~ ,~ ~ ~"'-" ~ ,,(-:. .r 1- "' g ~ B"... ~ ]~~ ~ 9~g ~ ~ ~1~ t ] ,~~ .5 ~ 0. ~3 ~ ] o $.~a >. .!l 1l ~ 'i ] .~ ~ {4 j E I ~ ~~~ l 0 i:! t't >. -:3 8.-d ~ ~ s 10 ~ 1;~ :.g~ - 'i o's b 0 6 ~ ~ '5 ~~j]v-s i3 ~ -I!<.c.B~1l hl E~El~<~ 5~~ .. :; ~ ~.~ ~ ~ .8 -; '8 e U')!._o~OIl.l >.o......~ ~o::.~: ~;:;;:g R.~~ e ~ f;;~~~<E~' ~l.i; ~.c B~ li.:J<E RUh ~H ~ljh~~~ ~ \:l....:N. -i..,...:;..o .;: ~ \. \- "'--. I ,.\~- ~ ....... ~B ~ -....... 9""ffi ..:.. "'0 ~~ E ~ s SJ\i '_OO:III\~U~II\ 'fljd tOl;:'~ WOVllfll 'ld.xJuO)-U 'lI"'~ld"-()lOiO',lI"'P',;o..~uOJ pliOIl ~~~U~f{:>U"8 dllL~d OIOLllILJvt ~_2- PETITIONER: CASE NUMBER: Dalton Heating & Air Conditioning, Inc. Rezoning & SUP 36-12/2001 Planning Commission Hearing Date: Board of Supervisors Hearing Date: Decem ber 4, 2007 December 18,2007 A. REQU EST The petition of Dalton Heating & Air Conditioning, Inc., to rezone 1.41 acres from AVC, AgriculturalNillage Center District with Conditions, to AVC, AgriculturalNillage Center District with amended conditions, and to obtain a Special Use Permit to operate a construction yard in an AVC, AgriculturalNillage Center District with Conditions, located at 7119 Bent Mountain Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Patriarca presented the staff report. The Planning Commission discussed issues pertaining to the site including: 1) Type of fencing to be utilized for the screening of the storage container; 2) Intensity of the business to be located at the location; and 3) The appearance of the property once potentially occupied by the petitioner. D. CONDITIONS The following proffer was submitted by the petitioner to the commissioners regarding the uses allowed on the property: 1) The subject property will be utilized solely as a general office, medical office, or administrative services by right or as a construction yard with a special use permit. The following conditions for the Special Use Permit were also presented to the commissioners: 1) The construction yard shall be limited to a heating & air conditioning contractor. 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area. 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' X 8' enclosed storage container. 4) The storage container shall be located at the rear of the building, out of the 1 OO-year floodway, and shall be screened with fencing. 5) Signage shall be limited to the refacing of the existing 30 square foot monument sign. E. COMMISSION ACTION(S) Mr. Radford made a motion to approve the rezoning request with the proffered condition. Motion carried 4-0. Mr. Radford made a motion to approve the Special Use Permit with the five recommended conditions. Motion carried 4-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Mr. Philip Thompson, Secretary Roanoke County Planning Commission :! Petitioner: Request: Location: Magisterial District: Proffered Conditions: Suggested Conditions: EXECUTIVE SUMMARY: ,......... ":/,'</,srJ\fF\REPORT' Dalton Heating & Air Conditioning, Inc Rezone 1,14 acres from A VC, AgriculturalNillage Center District with conditions, to A VC, AgriculturalNillage Center District with amended conditions, and obtain a Special Use Permit for a construction yard to operate a heating and air conditioning business from an existing building 7119 Bent Mountain Road Windsor Hills Staff has suggested that the petitioner only proffer restlictions on allowable land uses for the amended proffered conditions. At the time of this report, the following had been offered as proffers by the petitioner: 1) The subject property will be utilized solely as a construction yard There will be no physical alterations to the existing building or parking area 2) There will be no entrance to the tract from State Route 694 3) There will be no exterior storage of materials other than in one bulldog container approximately 20' x 8' X 8', which shall be screened by fencing, Staff suggests the following conditions for the Special Use Permit: 1) The construction yard shall be limited to a heating & air conditioning contractor. 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area. 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' x 8' enclosed storage container- 4) The storage container shall be located at the rear of the bullding, out of the 1 DO-year tloodway, and shall be screened with fencing. 5) Signage shall be limited to the retacing of the existing 30 square foot monument sign Dalton Heating & Air Conditioning, Inc, is requesting to rezone 1-14 acres at 7119 Bent Mountain Road from A VC I AgriculturallVillage Center District with conditions, to AVC, AgriculturalNillage Center District with amended conditions and a Special Use Permit The requested Special Use Permit is for a construction yard in order to operate a heating and air conditioning business from the existing building, The AV, AgriculturallVillage Center District, is designed to establish areas wl"lich will serve as the focal point for cultural and commercial activity of the rural service areas of the cOIJnty- Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district The Roanoke County Comprehensive Plan designates this site as Village Center, The Village Center land use area is an area that serves as the commercial and institutional focal point of surrounding rural residential and farming establishments. Here, the highest level of rural land use activities may occur, By nature, a majority of commercial and institutional activities in Village Center areas are designed, scaled and marketed to best serve the product and service needs of the residents from the surrounding rural areas. The use of construction yard is allowed with a special use permit within the AgriculturallVillage Center District It does not generally conform to the Village Center future land use designation; however, the petitioner has been operating his business from a nearby location In order to address some of staff's concerns regarding both the use and aesthetics of the site, the petitioner has submitted the following proffers. 4) The subject property will be utilized solely as a construction yard There will be no physical alterations to the existing building or parking area 5) There will be no entrance to the tract from State Route 694 6) There will be no exterior storage of materials other than in one bulldog container approximately 20' x 8' X 8', which shall be screened by fencing Staff has suggested that the petitioner only proffer restrictions on allowable land uses for the rezoning petition to amend the existing proffered conditions, Other site design issues should be addressed as conditions imposed on the property as part of the requested Special Use Permit. Staff suggests the following conditions for the Special Use Permit: 1) The construction yard shall be limited to a heating & air conditioning contractor 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area. 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' X 8' enclosed storage container 4) The storage container shall be located at the rear of the building, out of the 100-year flood way, and shall be screened per Section 30-92 of the Roanoke County Zoning Ordinance. 5) Signage shall be limited to the refacing of the existing 30 square foot monument sign 1. APPLICABLE REGULATIONS Construction yards are allowed by Special Use Permit within the A V, AgriculturalNillage Center District. (Construction Yard Use & Design Standards attached) VDOT approval required Site distance from the entrance needs to be field verified to check its compliance with the VDOT Minimum Standards of Entrances to State Highways due to the change in use Any additional site improvements will require a commercial entrance permit and/or a land use permit for all work occurring within the VDOT right-at-way 2. ANALYSIS OF EXISTING CONDITIONS Backqround - Currently the property is the location of an approximately 3,350 square foot building constructed in 1983. The property was rezoned in 1982 to allow for the construction of the medical office, As part ot its rezoning, proffers were made guaranteeing that1}. the tract rezoned will be used only for the purpose of constructing and operating a medical clinic and physicians' office facilities, and 2). That no entrance to the tract will be constructed or 2 established from State Route 694. The property has remained vacant for over two years. Current plans call for the structure to be used for the operation of a heating and air conditioning business The rezoning is proposing to remove the proffer stating that the tract may only be used "for the purpose of constructing and operating a medical clinic and physicians' office facilities" The Special Use Permit is being requested for the operation of the heating and air conditioning business as a "construction yard" within the A V district TopographvNeqetation - The developed area of the site is generally flat Due to its location immediately adjacent to Little Back Creek, the entire parcel lies within the 1 DO-year flood zone. Additionally, the eastern third of the parcel is located entirely within the flood way. The area within the floodway is a grassy area with trees lining the creek bed, with the built areas lying within the 100-year flood zone Any additions to the property will be subject to Section 30- 74, Floodplain Overlay District Surrounding Neighborhood - The parcel to the north and west is also zoned AgriculturallVillage Center Distlict (A V) and is owned by Roanoke County. The parcel contains both a fire station and single family residence. The single famiiy residence is owned and leased by the county To the east, the parcel borders a vacant 1.75 acre parcel zoned Agricultural Residential (AR) Immediately across the street is Back Creek Elementary School which is zoned AV 3. ANAL YSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - The existing layout is oriented in an east-west manner, with the built structure and paved areas located out of the noodway on the western side of the parcel There are 24 total parking spaces The primary parking area is paved with asphalt and located immediately to the east of the building. Additional parking is located to the rear of the structure Also, the petitioner has indicated the parking lot will be available for events occurring at the neighboring Back Creek Elementary, The petitioner is not proposing any exterior alterations that would deter from the current appearance of the existing structure. At this time, the petitioner has indicated the only alterations to the structure would be in the removal of a single, non-load bearing interior wall to allow for a small duct work metal shop in the northwest corner of the building, The petitioner is proposing to place one enclosed storage container approximately 20' x 8' X Bt, which shall be screened by fencing, at the rear of the structure. This container will be utilized in the storage of surplus air conditioning and healing units on site Staff has suggested a condition of the special use permit limiting signage to the use of the existing 30 square foot monument sign Additionally the petitioner is responsible for acquiring all appropriate sign permits required per Section 30-93-5 of the zoning ordinance. Access/Traffic Circulation - No new driveways into the property are proposed from Bent Mountain Road. The existing parking lot will serve both customers and employees VDOT -- There will be an increase in the amount of commercial trucks entering the site; however, it appears that overall traffic to the site will be reduced as compared to its original use as a medical office. Sight distance from the entrance needs to be field verified to check its compliance with the VDOT Minimum Standards of Entrances to State Highways due to the change in use. Any additional site improvements will require a commercial entrance permit and/or a land use permit for all work occurring within the VDOT right-of-way. 3 Fire & Rescue/Utilities -The proposed development is located directly adjacent to the Back Creek Fire Station. Sources of water for fire suppression are available from both the adjacent creek and a water tank at Back Creek Elementary across the street. No issues with exterior storage as long as there is sufficient access to maneuver in these areas Fire inspections may be necessary depending 011 storage materials. Public water and sanitary sewer are not available to the site. No objections from economic development for the proposed change assuming it conforms with applicable regulations and the community plan Community Meeting - A community meeting was held on November 12, 2007, in the cafeteria of Back Creek Elementary School to present the project to the neighbors. More than 35 residents attended including members of the Back Creek Civic League, Back Creek Community Club and the Back Creek Elementary PTA Planning staff as well as the petitioner and his representatives presented the administrative process of the rezoning and the special use permit as well as described the proposed business. The primary concern was over the proposed use of contractors' yard, Both staff and the petitioner clarified that Mr Dalton was not seeking to construct a large scale construction yard on site and was willing to proffer the only acceptable use being for air conditioning/heating repair. Tied to this were concerns with the overall visual impact on the site by the proposed use The petitioner indicated the additional space afforded by the property will allow him to move most of his storage inside with the only outdoor storage being of scrap materials that would be stored in an enclosed bulldog container. Additionally, the petitioner is willing to proffer screening around the container which would be located behind the building As mentioned above, staff recommends the use be addressed by rezoning proffers and site design issues be addressed by special use permit conditions. Concerns regarding traffic were also raised. The petitioner indicated his use will actually see a significant drop in traffic as opposed to what would occur with the facility being used as medical office. Concerns about additional commercial vehicles negatively impacting the site were also addressed. Additionally, the petitioner indicated he has no issue with parents picking up their children from the school across the street using his driveway as a turnaround, as well as allowing citizens to utilize his parking for school related functions Concerns over personnel working at the site were also discussed due to its location across from Back Creek Elementary School Questions regarding criminal background checks for employees were asked with the petitioner assuring the citizens there were no questionable persons employed by him, After the citizen concerns were addressed, a pair of citizens noted they were in favor of the petitioner citing that their business would be much less suspect to crime than a medical office. The overall sentiment of those in attendance was favorable provided the petitioner follows through with the proposed screening and refrains from altering the existing appearance of the structure, 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designates this site as Village Center The Village Center land IJse area is an area where serves as the commercial and institutional focal point of surrounding rural residential and farming establishments. Here, the highest level of rural land use activities may occur By nature, the majority of commercial and institutional activities in Village Center areas are designed, scaled and marketed to best serve the product and service needs of the residents from the surrounding rural areas The proposed rezoning petition does not generally conform to the Village Center future land use designation However, the petitioner has been operating his business from a nearby location. Additionally, the structure in question has remained vacant for well over two years, and the existing business does serve some of the area's residents 4 5. STAFF CONCLUSIONS Currently designated as a Village Center future land use, the property is bounded on two sides by a parcel zoned A V, by AR on the third side. and is located along the Bent Mountain Road corridor The site of the proposed development provides ample space forlhe project to conform with all applicable development standards. The property does not have access to public water/sewer, but does have adequate fire prevention and a primary, arterial road. Additionally, the traffic generated by the proposed development is not considered significant enough to warrant a Traffic Impact Analysis The proposed use of construction yard is acceptable within the A V district with a special use permit, and with proper screening in place surrounding any outdoor storage, most visual impacts will be minimized. Although generally speaking. the proposed use does not conform to the Village Center land use designation, the business has been operating from a nearby location for a number of years just to the north of the proposed site, Additionally, his business will serve some of the area residents A significant issue with respect to the property is its location within both the 1 DO-year Iloodplain and floodway, However, there is no additional construction proposed and no structure will be located within the flood way Staff has suggested that the petitioner only proffer restrictions on allowable land uses for the rezoning petition to amend proffered conditions. Other site design issues should be addressed as conditions imposed on the property as part of the requested Special Use Permit Staff suggests the following conditions for the Special Use Permit: 1) The construction yard shall be limited to a heating & air conditioning contractor 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area, 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' X 8' enclosed storage container 4) The storage container shall be located at the rear of the building, out of the 100-year flood way, and shall be screened per Section 30-92 of the Roanoke County Zoning Ordinance 5) Signage shall be limited to the refacing of the existing 30 square foot monument sign 5 CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: 22.12/2007 Chris Patriarca PC: 12/4/2007 BOS: 12/18/2007 Application Letter from VDOT daled Photographs Aerial Map Floodplain Map Land Use Map Zoning Map A V, Agricultural Village Center District Regulations Construction Yard Use & Design Standards FO, Floodplain Overlay District Regulations 6 1,;/).- t)J~)(;(n D!t,H-u.. Uer..,h" i (\_/ ';.\. . {J" '1 \ !'- ~ '- County of Roanoke ,~V L l.-o I~VL/' J Community Development ') P Planning & Zoning ~'--z., - 0'-1 () d. \; 0 S For Staff Use Only . ~("l!7"16;,'';"~ Dale recelVed: . ReCeived by: . o' i,-:;' i -'\ 01 /-).- ";l~ - ,oL-" /,t... t\1~~. 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 Appliculion fee: ;:---. Placards issued: Check type of application filed (check all that apply) X,Rezoning ~pecial Use 0 Vari:mce 0 Waiver 0 Administrative Appeal 0 Camp Plan (15..2-2232) Review Applicants name/address whip Dalton Heating & Air Conditioning, lIlt:.. 6932 Bent Mountain Road Roanoke, VA 2401 g - Ed 11.a.-tI I ~ G..,fc.:/ ' Phone: Work; Cell #: Fax No.: 540-989-3937 Owner's name/address w/zip Lewis-Gale Building Corporation, clo Healthcare Realty 3310 West End Avenue, Suite 700 Nashville, TN 37203 Property Location 7119 Bent Mountain Road Phone #: Work: Fax No. #: Tax Map No.,: 095.01-01-04,00" Magisterial District: Windsor Hills Community Planning area; Windsor Hills Existing Zoning: Ave w/proffered conditions Size ofparcel(s): Acres: 1.4~ ~i~~J~ql~f.l!l~1~r~~i~i.]:~~~!t Proposed Zoning: Ave with Special Use Permit Proposed Land Use: contractor storage yard for Applicant Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YesX1 No 0 IF NO, A V ARlANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes :Ii:( No 0 IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes U No 0 N/ A ~!B~~!~: ,.iZ:~~lt"':"""'.'J". _l..;,,~~1fli.l&11~~; Variance/Waiver ofSection(s) of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please cbeck if enclosed APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. RlSfWlCP VIM ~ Consultation X Application J usti fi cation I hereby certify that I am either the owner of the lll'o of the owner. DALTO CONTACT: Edward A. Natt 3140 Chaparral Drive, Suite 200-C Roanoke, VA 2401 g Phone: 540-725-81 gO Fax: 540-774-0961 Email: enattlW.oonlaw.com RJSfW/CP VIM RJSIWICP V/AA ~ 8 1/2" x 11" concept plan !IE Application fee Meles and bounds description Proffers, if applicable Waler and sewer application Adjoining property owners or the owner's a ent or contract-IllJ!fl}aser and am acting with the knowledge and conseDt TING & CO ITIONlNG, INC. -- Owner's Signature 2 DALTON HEATING & AIR CONDITIONING, INC, Applicant The Planning Commission will study rezoning, special use permit waiver or community plan (15 2-2232) review requests to detennine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, The Roanoke County Zoning Ordinance designates tbis property as an agricultural -.'i: village center. Such zoning allows for a contractor's storage yard with a special use permit. Since the proposed user will not make any modificatiollS to the building or the property and is willing to proffer such, there should be no adverse impact on the community. Traffic will, in all li.kelihood,:be reduced since the proposed use will transfer the property from the medical facility with a high traffic volume to a small contractor~s storage yard with very low traffic volume. . -..... . #':. ~: Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan_ The project conforms to the general guidel~es and policies contained in the commun:i.ty inasmuch as the zoning district permits a contractor's storage yard with a special pse-..:.permit. This coupled with the fact that no renovations a:re made to the existing structure or site make it compatible with the plan. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. The proposed use wi.l.l have no impact on the surrounding area or on any public service facility. 3 DALTON REA TING & AIR CONDITIONING, INe ~~.w~:~I~~~!I~~!;8f~~i~;t.)jl':.:, A concept plan of the proposed project must be submitted with tile application The concept plan shall graphically depict the land use change, development or variance that is to be considered, Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit.. Site plan and building permit procedures ensure compliance with State and County development regulations and may requ:ire changes to the initial concept plan., Ucless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations, A concept plan is required with all rezoning, special use pennit, waiver, community plan (15..2-2232) review and variance applications. The plan should be prepared by a professional site plaDIler,. The level of detail may vary, depending on the nature oithe request. The County Planning Division staff may exempt some of the items Dr suggest the addition of extra items, but the followinl! are considered minimum: ALL APPLICANTS a, Applicant name and name of development b, Date, scale and north arrow c, Lot size in acres Dr square feet and dimensioDS d. Location, names of OWJlers and Roanoke County tax map numbers of adjoining properties e, Physical features such as ground cover, natural watercourses, floodplain, etc f. The zoning and land use of all adjacent properties g. All property lines and easements h, All buildings, existing and proposed, and dimensions, floor area and heights 1 Location, widths and names of all existing Dr platted streets or other public ways within or adjacent to the development Dimensions and locations of all driveways, parking spaces and loading spaces Additional infonnation requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and cOl1llections at the site 1. AJ:J.y driveways. entrances/exits, curb openings and crossovers m Topography map in a suitable scale and contour intervals n, Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p, Any proffered conditions at the site and how they are addressed q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete, Dal~o eating & Air Conditioning~ Inc. By: Signa /Q"I'1--O; Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION W AlVER, PUBLIC STREET W AlVER, OR SPECIAL USE PERMIT PETITION PLANNrn'G COM1v.USSION APPLICA nON ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficic:nt time was not available for planning staff andlor an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition.. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMP ACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision (Note,: a list of potential land uses and situations that would necessitatefuriliet study is provided L' patt of this application package). This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses andlor traffic impact study and to provide written comments and/or suggestions to the planning staff and the Planning Commission. If a continuance is WWHwtcu, lilt: applicalltWtli-ne notltiectof the contmuance and the neWly scheduled public hearing date. Effective Date: Apri119, 2005 DALTON HEATING & AIR. CONDITIONING, INC. By: Name of Petition ( Or 1fl;~7 Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and/or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite YOLlr application process. (Note this list i5 not inclusive and the County staff and VDOT reserve the right to request a traffic study at any time/ as deemed necessary.) High Traffic-Generating Land Uses: . Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units . Restaurant (with or without drive-through windows) . Gas station/Convenience store/Car wash . Retail shop/Shopping center · Offices (including: financial institutions, general, medical, etc.) . Regional public facilities . Educational/Recreational facilities . Religious assemblies · Hotel/Motel . Golf course . Hospital/Nursing home/Clinic . Industrial site/Factory . Day care center . Bank . Non-specific use requests "'f.~"'\1. Road Network Situations: . Development adjacent to/with access ontO/Within SOO-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) . For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly . When required to evaluate access issues . Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) . Development in an area where there is a known existing traffic and/or safety problem . Development would potentially negatively impact existing/planned traffic signal(s) . Substantial departure from the Community Plan . Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred Fifty (750) trips in an average day ADJOINING PROPERTY OWNER LISTING Address of Subiect Property: Tax Map No.: Present ZoninQ: Proposed Zoning: Owner: Applicant/Contract Pu rchaser: 7119 Bent Mou ntain Road 095,,01-01-04,00 A VC w/proffered conditions A VC w/special use permit and amended proffers Lewis-Gale Building Corporation Dalton Heating & Air Conditioning. Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 085.04-01-14.00 7005 Bent Mountain Road COUNTY OF ROANOKE Owner's Name and Mailinq Address Claude D. Kittinger III & Stephen W. Kittinger 7005 Bent Mountain Road Roanoke,VA 24018 085.04-01-15.01 Michael Todd & Teke Long Abshire 6981 Bent Mountain Road ';';:;""" ,: 6981 Bent Mountain Road Roanoke. VA 240'18 095.01-01-03.00 o Twelve O'Clock Knob Road 095.01-01-04.01 7125 Bent Mountain Road 095.01-02-43.00 7130 Bent Mountain Road Richard .J. Kittinger 1612 Colesbury Circle Hoover, AL 35226 Roanoke County Board of Supervisors P. O. Box 29800 Roanoke,VA 24018 Roanoke County School Board 5937 Cove Road, N.W. Roanoke,VA 24019 \\Opnsvr\Users\cbaumgardner\ZONING\ROANOKE COUNTY\Dalton Heating & AIMPO.doc Page 1 of 1 Address of Subject Property: 7119 Bent Mountain Road Windsor Hills Magisterial District Roanoke County Tax Map No.: 095.01-01-04.00-0000 Present Zoninq: A VC w/proffered conditions Proposed Zoninq: AVC w/special use permit and amended conditions Applicant's Name: Dalton Heating & Air Conditioning, Inc. Owner: Lewis-Gale Building Corporation PROFFERS The undersigned owner does hereby proffer the following conditions in conjunction with rezoning application: 1. The subject property will be utilized solely as a general office, medical office, or administrative services by right or as a construction yard with a special use permit. Owner: HRT OF ROANOKE, INC., successor by merger to LEWIS-G E B ILDING CORPORATION By: Its: Stephen E. Cox, J~ Viet: President and Assistant General Counsel LEGAL Address of Subiect Property: 7119 Bent Mountain Road Tax Map No.: 095.01-01-04,,00 Present Zoninq: A VC w/proffered conditions Proposed Zonina: A VC w/special use permit and amended proffers Applicant's Name: Dalton Heating & Air Conditioning, Inc. Owner: Lewis-Gale Building Corporation LEGAL DESCRIPTION Haran - New Lot A Lying between U.s. Route 221 and a line 200 feet northwest from and parallel with Route 221, at the intersection of the northwest side of U.S. Route 221 and the southwest side of State Route 694, containing 2.3 acres, more or less. and being the southeasterly portion of a 6.592 acre tract presently owned by Emily Rierson Jones and shown on a plat entitled "Plat prepared for Lewis-Gale Clinic, being property of Emily Rierson Jones (0.8. 531, pg. 163) situate along U.S. Route 221," made by Buford T. Lumsden & Associates, P.C" dated Juna"17, 1982. \\Opnsvr\Users\cbaumgardner\ZONING\ROANOKE COUNTY\Dallon Healing & AIr\LEGALdoc COMMONWBA,LTH of VIR.GINIA DEPARTMENT OF TRANSPORTATION PO BOX 3071 SALEM , VA 24153-0560 DAVID S. EKERN, P.E. COMMISSIONER November 13,2007 Ms. Susan Carter Roanoke County Planning Department P. O. Box 29800 Roanoke, VA 24018 Faxed 540-772-2108 RE: Special Use Permit - Ave Dalton Heating and Air Conditioning, Inc. - Ed Natt Proposed Land Use - Contractor Storage Yard Route 221, Bent Mountain Road Dear Ms. Carter: We have reviewed the above mentioned rezoning request and offer the following counnents: 1 The proposed special use permit may result in an increase of the potential traffic generated from the site by truckslheavy vehicles, however it appears that overall vehicle traffic will be reduced based on the change in use from a medical facility. 2. With this change in use of the existing commercial entrance, the VDOT Minimum Standards of Bntrances to State Hi~hw~s should be adhered to where applicable. This would include meeting minimum sight distance requirements. 3. The current speed limit for Bent Mountain Road adjacent to this development is 4S mph. The minimum required intersection sight distance for the entrance is 500 feet. The sight distance looking to the left ~d right appears to be adequate from the existing entrance. The sight distance should be' field verified and measures taken to ensure the required sight distance is obtainable- 4, The proposed amendment number two to the proffers states, "There will be no entrance to the tract from State Route 694." The Department concurs with tbis proffer as no entrance would be recommended onto this roadway. 5. A commercial entrance pennit and/or a land use permit will be required for work within VDOT right-of-w~y if there wm be any proposed site improvements_ Plans for such improvements must be reviewed and approved through this office prior to the issuance of any permits. In addition, information regarding any changes to the existing drainage systemsbould also be included for review. WE KEEP VIRGINIA MOVING 'Ms. Susan Carter ~vember 13, 2007 Page 2 of2 Should you bave any questions, please do not hesitate to calt Thank you. Sincerely, /ur/Ca~ SeottA. Woodruni, P.E, Staff Engineer VDOT, Salem Residency ARTICLE III, DISTRICT REGULATIONS Page 1 of 4 SEC. 30-36. AV AGRICULTURAL/VILLAGE CENTER DISTRICT. Sec. 30-36-1. Purpose. (A) The purpose of the AV, agricultural/village center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the county, as envisioned in the community plan land use category of the same name. The density recommended for these areas is intended to average between one (1) and three (3) units per acre Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residents New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing village center areas to avoid leap-frog commercial development. Similarly additional development may warrant additional public services, such as community sewer and water systems. (Ord No. 042799-11,33 1f, 2, 4-27-99) Sec. 30-36-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance An asterisk (") indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses 1 Agricultural and Forestry Uses Agriculture" Stable, Private" Wayside Stand" 2. Residential Uses Accessory Apartment .. Home Beauty/Barber Salon" Home Occupation, Type I .. Manufactured Home" Manufactured Home, Emergency" Multiple Dog Permit" Residential Human Care Facility Single-Family Dwelling, Attached" Single-Family Dwelling, Detached Two-Family Dwelling" 3 Civic Uses http://library4.municode,com/newordslDocViewI12222/1/1191122 11/28/2007 ARTICLE III. DISTRlCT REGULA lIONS Page 2 of 4 Administrative Services Clubs * Community Recreation" Cultural Services Day Care Center" Educational Facilities, Primary/Secondary * Family Day Care Home * Park and Ride Facility" Post Office Public Parks and Recreational Areas * Safety Services .. Utility Services, Minor 4 Office Uses Financial Institutions * General Office * Medical Office * 5. Commercial Uses Antique Shops * Bed and Breakfast * Consumer Repair Services Personal Improvement Services Personal Services Restaurant, Family" Studio, Fine Arts Veterinary Hospital/Clinic 6.. Miscellaneous Uses Amateur Radio Tower" (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19 An asterisk (") indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1 ' Agricultural and Forestry Uses Stable, Commercial" 2 Residential Uses Alternative Discharging Sewage Systems * Multj..family Dwelling" Townhouse * http://library4..municode..com/newordslDocView/12222/l/119/122 11/28/2007 ARTICLE III, DISTRICT REGULATIONS Page 3 of 4 3. Civic Uses Cemetery * Crisis Center Halfway House Home for Adults Life Care Facility Nursing Home Religious Assembly * Utility Services, Major * 4. Commercial Uses Agricultural Services * Automobile Repair Services, Minor * Automobile Parts/Supply, Retail * Boarding House Clinic * Convenience Store * Funeral Services Garden Center * Gasoline Station * Kennel, Commercial * Restaurant, General * 5. Industrial Uses Construction Yards * Custom Manufacturing * Recycling Centers and Stations * 6. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, S 11,4-27-93; Ord. No. 82493-8, S 2, 8-24-93; Ord No. 62795-10, 6-27-95; Ord, No. 042799-11, S 2,4-27-99; Ord. No. 072605-7, ~ 1,7-26-05) Sec. 30-36-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. Lots served by private well and sewage disposal system; a. Area: 25,000 square feet http://library4.municode.com/newords/DocView/12222/111191122 11128/2007 ARTICLE III. DISTRICT REGULA nONS Page 4 of 4 b, Frontage~ 85 feet on a publicly owned and maintained street 2. Lots served by either public sewer or water: a Area: 20,000 square feet b Frontage: 75 feet on a publicly owned and maintained street 3, Lots served by both public sewer and water: a" Area: 15,000 square feet b, Frontage: 75 feet on a publicly owned and maintained street (B) Minimum setback requirements. 1. Front yard: a" Principal structures: 35 feet. b Accessory structures: Behind the front building line, 2. Side yard: a Principal structures: 10 feet b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3 Rear yard. a" Principal structures: 25 feet b. Accessory structures: 3 feet 4, Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures, 1. All structures: 45 feet (D)Maximum coverage. 1. Building coverage: 30 percent of the total lot area" 2 Lot coverage: 75 percent of the total lot area. (Ord, No 62293-12, ~ 10,6-22-93) http://library4.municode.com/newords/DocView/12222/l/119/122 11/28/2007 ARTICLE IV. USE AND DESIGN STANDARDS Page 1 of 1 Sec. 30-86-2. Construction Yards. (A) In the 1-2 district, all materials stored on the premises overnight shall be placed in a storage yard, The storage yard shall be fully screened from surrounding views in accordance with Section 30~92, and shall be set back at least one hundred (100) feet from any adjoining residential district (B) In the AV district, the following standards shall apply: 1, The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building 2 In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the board may consider and set standards for the following: a, The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with Section 30-91, of the entire construction yard, b The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c Specific measures to control dust on the site d Specific levels of noise permitted on the site, as measured at adjacent property lines e, Limit the hours of operation http://library4.municode.comlnewordslDoc ViewI12222/1I119/12.3 11/28/2007 ARTICLE III. DISTRICT REGULATIONS Page 1 of 7 SEC. 30w74. FO FLOODPLAIN OVERLAY DISTRICT. Sec. 30-74-1. Purpose. (A) The purpose of these floodplain provisions is to prevent the following hazards: 1. The loss of life and property; 2 The creation of health and safety hazards; 3 The disruption of commerce and governmental services; 4 The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and, 5 The impairment of the tax base (B) These provisions are designed to accomplish the above purposes by: 1 Regulating uses, activities, and development which, acting alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; 2, Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; 3 Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or f1oodproofed against flooding and flood damage; 4, Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards. Sec. 30-74-2. Applicability and Administration. (A) These provisions shall apply to all lands within the jurisdiction of Roanoke County and identified as being within a floodplain, as stipulated in this section (B) These provisions shall supersede any regulations currently in effect in floodplain areas, Where conflict exists between these provisions and those of any underlying zoning district, the more restrictive provisions shall apply, (C) In the event any provision concerning a tloodplain area is declared inapplicable as a result of any legislative Dr administrative actions or judicial discretion, the basic underlying zoning district provisions shall remain applicable. Sec. 30-74.3. Compliance. (A) No land shall hereafter be developed and no structure shall be located, relocated, constructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section. Sec. 30-74,.4. Delineation of Areas. http://library4.municode.com/newordslDocViewIl2222/11l19/122 11/28/2007 ARTICLE IlL DISTRICT REGULATIONS Page 20f7 (A) The various floodplain areas shall include areas subject to inundation by waters of the '100- year flood. The primary basis for the delineation of these areas shall be the Flood Insurance Study for Roanoke County prepared by the Federal Emergency Management Agency, dated February 4, 2005, as amended These areas are more specifically defined as follows. 1, TheF/oodway is delineated for purposes of this section using the criteria that a certain area within the floodplain must be capable of carrying the waters of the 1 DO-year flood without increasing the water surface elevation of that flood more than one foot at any point These Floodways are specifically defined in Table 4 of the above referenced Flood Insurance Study and shown on the Flood Insurance Rate Map accompanying that study. 2 TheF/ood-Fringe shall be that area of the 1 DO-year floodplain not included in the Floodway The basis for the outermost boundary of the Flood-Fringe shall be the 1 00- year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown Dn the FIDod Insurance Rate Map accompanying the study, 3 TheApproximated Floodplain shall be those floodplain areas shown on the flood insurance rate map for which no detailed flood profiles or elevations are provided, and all other floodplain areas where the drainage area is greater than 100 acres, Where the specific 1 DO-year flood elevation cannot be determined for this area using other sources of data such the US Army Corps of Engineers, Floodplain Information Reports, U,s. Geological Survey Flood Prone Quadrangles, etc" then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts Calculations for the design flood shall be related to existing land use and potential development under existing zoning, Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the director of community development. (Ord. No, 92893-18, ~ 1, 9~28-93; Ord. No, 42694-12, ~ 10,4-26-94; Ord, No. 92695-18, S 1, 9~26-95; Ord. No 042799-11, S 1c,4-27-99; Ord, No.. 012505-4, S 1, 1-25-05) Sec. 30-74-5. Creation of Overlay. (A) The flDodplain areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain areas shall serve as a supplement to the underlying zoning district provisions. (8) The boundaries of the floodplain areas are established as shown on the Flood Insurance Rate Map which is declared to be part of this chapter and which shall be kept on file in the office of the administrator, (Ord. No,. 92893-18, S 1, 9-28-93) Sec. 30-74-6. Floodplain Boundary Changes and Interpretation. (A) The delineation of any of the floodplain areas may be revised by the board of supervisors where natural or manmade changes have occurred and/or made detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration, http://library4,municode,com/newordslDocViewI12222/1/1191122 11/28/2007 ARTICLE III. DISTRICT REGULA nONS Page 3 of 7 (B) Initial interpretations of the boundaries of the floodplain areas shall be made by the administrator, Should a dispute arise concerning the boundaries of any of the floodplain areas, the board of zoning appeals shall make the necessary determination, The person questioning or contesting the location of the floodplain area boundary shall be given an opportunity to present his case to the board of zoning appeals and to submit technical evidence. Procedures for such appeals shall be as olJtlined in Section30-24 of this ordinance Sec. 30-74-7. Floodplain Area Provisions, Generally. (A) All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit Such development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the administrator shall require all applications to include compliance with allapplicable state and federal laws, (B) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or f100dways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocation of any channels or f100dways of any watercourse, stream, etc, within Roanoke County, approval shall be obtained from the Virginia Department of Environmental Quality, Division of Water, Further, notification of the proposal shall be given to all affected adjacent jurisdictions Copies of such notification shall be forwarded to the Virginia Department of Environmental Quality, Division of Water, the State Department of Intergovernmental Affairs, and the FederallnsLJrance Administration, (C) The lowest floor elevation of any new residential structure constructed within a floodplain area shall be at least two (2) feet above base flood elevation, The lowest floor elevation of any new non~residentiaJ structure constructed within a 'floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is f1oodproofed. In addition, no existing structure shall be modified, expanded Of enlarged unless the new construction complies with this standard. (D) All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. For structures to be elevated, the elevation of the lowest floor (including basement). 2, For structures to be flood proofed (nonresidential only), the elevation to which the structure will be floodproofed, 3 The elevation of the one hundred-year flood, 4. Topographic information showing existing and proposed ground elevations (E) For all new subdivisions which adjoin or include floodplain areas identified in the flood insurance study, the base flood elevation shall be shown on the final record plat. (F) All recreational vehicles located in a FEMA designated floodplain shall either: 1 Be on site for fewer than one hundred eighty (180) consecutive days, be fully licensed and inspected, and ready for highway use; or 2. Meet the minimum requirements for placement and the elevation and anchoring fequirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code, A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only be quick disconnect type utilities and security devices, and has no permanently attached additions http://libraIy4municode.com/newordslDocView/12222/111191l22 11/28/2007 ARTICLE III. DISTRICT REGULATIONS Page 4 of 7 (Ord. No 42694-12, S 11, 4-26-94; Ord, No 92695, S 1, 9-26-95) Sec. 30-74-8. Floodway Development Regulations. (A) In the floodway no development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate authorities as required above. (B) The placement of any manufactured home, except in an existing manufactured home park within the floodway is specifically prohibited. (C) In the f1oodway, the following uses, types and activities are permitted provided that (1) they are in compliance with the provisions of the underlying zoning district, (2) are not prohibited by any other ordinance and (3) no specific land use requires any type of structure, fill, Of storage of materials and equipment: 1, Agricultural 2. Public Parks and Recreational Areas 3 Outdoor Sports and Recreation 4 Golf Courses 5 Accessory residential uses such as yard areas, gardens, play areas, and loading areas.. 6. Accessory industrial and commercial uses such as yard areas, parking and loading areas, airport landing strips, etc (D) The following uses and activities may be permitted by Special Use pursuant to Section 30- 19 of this ordinance provided that they are in compliance with the provisions of the underlying zoning district and are not prohibited by this or any other ordinance: 1 Structures (except for manufactured homes) accessory to the uses and activities by right, above. 2 Certain utilities and public facilities and improvements such as pipe lines, water and sewage treatment plants, and other similar or related uses 3, Water-related uses and activities such as marinas, docks, wharves, piers, etc. 4. Extraction of sand, gravel, and other materials (where no increase in level of flooding or velocity is caused thereby). 5 Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning, 6. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. Sec. 30-74-9. Flood-Fringe and Approximated Floodplain Development Regulations. (A) In the flood-fringe and approximated floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district provided that all http://library4.municode.com/newordslDoc View/12222/11119/122 11/28/2007 ARTICLE III, D1STRICT REGULATIONS Page 5 of7 such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances, However, in approximated floodplain areas the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering techniques, The applicant and/or developer shall submit studies, analysis, computations, etc, to show the delineation of a floodway based on the requirement that all existing and future development not increase the 1 DO-year flood elevation more than one (1) foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood height. Sec. 30-14-10. Procedures for Special Uses in Floodways. (A) Any use listed as permitted with a special use in a floodway shall be allowed only after application to the county board of supervisors All such applications shall be reviewed pursuant to the procedures outlined in section 30-19 of this ordinance In addition to information required by section 30-19, all such application shall include the following: 1, Plans in triplicate drawn to scale not less than 1" to 1 DO' horizontally showing the location, dimensions, and contours (at five-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal 2, A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 1 OO-year 'nood elevation 3 A profile showing the slope of the bottom of the channel or flow line of the stream 4. A summary report, prepared by professional engineers or others of demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters, 5, A list of names and addresses of adjoining property owners. (B) In acting upon such applications, the planning commission and the county board of supervisors shall consider all relevant factors specified in other sections of this ordinance and: 1 The danger to life and property due to increased flood heights or velocities caused by encroachments, No special use shall be granted for any proposed use, development, or activity within the floodway that will cause any increase in flood levels during the 100- year flood. 2.. The danger that materials may be swept on to other lands or downstream to the injury of others 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions, 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners 5 The importance of the services provided by the proposed facility to the county, 6 The requirements of the facility for a waterfront location. 7, The availability of alternative locations not subject to flooding for the proposed use, 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. http://library4municode.com/newords/DocView/12222/1/119/122 1112812007 ARTICLE III. DISTRlCT REGULATIONS Page 6of7 9. The relationship of the proposed use to the community plan and floodplain management program for the county. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles 11. Such other factors which are relevant to the purpose of this Section (Ord.. No. 042799-11, S 11.,4-27-99) Sec. 30-74-11. Variances. (A) The board of zoning appeals may consider variances to the requirements of this section, under the following guidelines and conditions: 1 Variances may not be considered within any floodway if any increase in flood levels during the 1 DO-year flood would result 2. Variance requests may be granted for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this section 3, Variances may be considered for new construction and substantial improvements to be erected on a lot contiguous and surrounded by lots with existing structures constructed below the 1 DO-year flood level using the guidelines set forth in Section 30- 74-10(8) above (B) The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for protection and other related matters,. Variances shall only be issued after the board of zoning appeals has determined that the granting of such will not result in: 1. Unacceptable or prohibited increases in flood heights; 2. Additional threats to public safety; 3, Extraordinary public expense; 4, Creation of nuisances; 5. Fraud or victimization of the public; or, 6 Conflict with local laws or ordinances, Variances shall only be issued after the board of zoning appeals has determined that the variance will be the minimum relief to any hardship, (C) The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 1 aD-year flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administration Sec. 30-74-12. Existing Structures in Floodplain Areas. (A) A structure or use of a structure or premises which lawfully existed before the enactment of http://library4municode.com/newordslDoc View/12222/1I119/122 11/28/2007 ARTICLE III, DISTRICT REGULATIONS Page 7 of7 these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 1. Existing structures and/or uses located in the floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements). 2,. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of fifty (50) percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code (Ord. No,. 92695-18, S 1,9-26-95) Sec. 30-74-13. Liability. (A) The degree of flood protection sought by the provIsions of this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris This section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages, (B) This ordinance shall not create liability on the part of Roanoke County or any officers or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder http://library4,municode.com/newordsfDoc View/12222/1/119/122 11/2812007 ~ ~o ~\~\~ ~00 e~~\ / Land Use _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighborhood Conservation _ Transition _ Core _ Principallnduslrial -1 Roanoke County Department of Community Development N A Applicants Name: Dalton Heating & Air Conditioning, Inc Existing Zoning: A VC Proposed Zoning: A VS Tax Map Number: 95.01-01-04 Magisterial District: Windsor Hills Area: 1.41 Acres 15 October, 2007 Scale: 1" = 100' \ _AG3 _EP _AG1 AR .AV C1 .C2 . C2CVOO 11 _12 _PCO . I PRO .PTD R1 R2 I R3 ~o ~"\~\~ ~O\.l '?>~~"\ I R4 Roanoke County Department of Community Development N A Applicants Name: Dalton Heating & Air Conditioning, Inc Existing Zoning: A VC Proposed Zoning: A VS Tax Map Number: 95.01-01-04 Magisterial District: Windsor Hills Area: 1.41 Acres 15 October, 2007 Scale: 1" = 1 00' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, DECEMBER 18,2007 ORDINANCE TO REZONE 1.41 ACRES FROM AVC, AGRICUL TURALNILLAGE CENTER DISTRICT WITH CONDITIONS, TO AVC, AGRICUL TURAUVILLAGE CENTER DISTRICT WITH AMENDED CONDITIONS, AND TO OBTAIN A SPECIAL USE PERMIT TO OPERATE A CONSTRUCTION YARD IN AN AVC DISTRICT, LOCATED AT 7119 BENT MOUNTAIN ROAD (TAX MAP NO. 95.01-1-4), WINDSOR HILLS MAGISTERIAL DISTRICT UPON THE APPLICATION OF DALTON HEATING & AIR CONDITIONING, INC. WHEREAS, the first reading of this ordinance was held on November 13, 2007, and the second reading and public hearing were held December 18,2007; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on December 4, 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 1.41 acres, as described herein, and located at 7119 Bent Mountain Road (Tax Map Number 95.01-1-4) in the Windsor Hills Magisterial District, is hereby changed from the zoning classification of AVC, AgriculturalNillage Center District with conditions, to the zoning classification of AVC, AgriculturalNillage Center District with amended conditions. 2. That this action is taken upon the application of Dalton Heating & Air Conditioning, Inc. 3. That the owner ofthe 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 utilized solely as a general office, medical office, or administrative services by right or as a construction yard with a special use permit. 4. That the Board finds that the granting of a special use permit to Dalton Heating & Air Conditioning, Inc. to operate a construction yard to be located at 7119 Bent Mountain Road in the Windsor Hills 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 construction yard shall be limited to a heating & air conditioning contractor. 2) There shall be no exterior alterations to the existing building and/or expansions of the existing parking area. 3) All business operations and storage shall take place within the existing building, with the exception of a 20' x 8' x 8' enclosed storage container. 4) The storage container shall be located at the rear of the building, out of the 1 OO-year floodway, and shall be screened with fencing. 5) Signage shall be limited to the refacing of the existing 30 square foot monument sign. 2 5. That said real estate is more fully described as follows: Being all of Tax Map No. 95.01-1-4 containing 1.41 acres 6. Tllat this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 3