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
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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
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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
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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
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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
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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
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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.
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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,
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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.
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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
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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.
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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: _/ _/ _
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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: _/ _/ _
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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.
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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.
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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
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Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-
Alleghany Regional Commission, and the Virginia Association of Counties.
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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.
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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
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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,
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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
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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
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_ 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
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t!kp.
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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
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Date
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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
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Roanoke County
Department of
Community Development
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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:
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Placards issued:
BOS date:
Case Number
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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 (
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Work:
Cell #:
Fax No.:
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Applicants name/address w/zip
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Community Planning area: C ~J ,., L.' DIl
Tax Map No..:
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Existing Zoning:
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Size ofparcel(s): Acres: ' ~l 2... Existing Land Use: R t! I i I r:', ~ J4 C:,S C'.._ b f.
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Proposed Zoning: /<" .' _ '.'
Proposed Land Use: r-l '" ~ ~ r h ~ +-,~ ..i.", .f<.c!' Il c i l7.".... 19 ~1 r ~1 6 / .- ,"'-
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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 \
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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
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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
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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
//
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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
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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
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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
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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
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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
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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
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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.
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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.
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-
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
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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.
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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.
STAFF RECOMMENDATION:
Staff recommends that the Board approve a resolution to VDOT requesting that they
accept Coronado Street and the remaining portion of Fieldgate Road into the Secondary
Road System.
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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
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50
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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
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- See Sheet 1
PROPOSED ADDITION SHOWN IN ORA Y
DESCRIPTION
LENGTH RIGHT OF WAY ROADWAY WIDTH SERVICES
Miles Feet Feet Houses
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northwest to its cul-de-sac.
Not to Scale
0.1
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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.
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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
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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
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28
10
Not to Scale
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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.
'"
.,,-
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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.
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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
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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
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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
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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,
~
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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
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Lan d Use
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\o1l1ag e Center
Development
Neighborflood Conservation
_ Transition
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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
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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'
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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
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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. That this ordinance shall be in full force and effect thirty (30) days after its
final passage. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to
amend the zoning district map to reflect the change in zoning classification authorized by
this ordinance.
3
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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
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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.
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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
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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 *
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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
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ARTICLE III. DISTRICT REGULA nONS
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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)
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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
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ARTICLE III. DISTRICT REGULATIONS
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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.
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ARTICLE IlL DISTRICT REGULATIONS
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(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,
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ARTICLE III. DISTRICT REGULA nONS
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(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
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ARTICLE III. DISTRICT REGULATIONS
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(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
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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.
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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
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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
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Land Use
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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'
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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.
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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.
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