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Home My WebLink About1/22/2008 - Regular Roanoke County Board of Supervisors Agenda January 22, 2008 Good afternoon and welcome to our meeting for January 22, 2008. 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 our January meetings 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: Pastor Joe Hedrick Cave Spring Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS D. BRIEFINGS 1. Briefing from Roanoke Valley Convention and Visitors Bureau. (David Kjolhede, Executive Director) E. NEW BUSINESS 1. Request to appropriate $33,750 as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place sanitary sewer extension project. (Elmer Hodge, County Administrator) 1 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. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing conveyance of three parcels of real estate to the Commonwealth of Virginia in connection with road widening improvements to Route 11/460, Catawba Magisterial District. (Paul Mahoney, County Attorney) 2. Second reading of an ordinance authorizing and approving execution of a renewal lease agreement with Cisco Systems, Inc. for office space in the Salem Bank & Trust Building at 220 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County, Virginia. (Anne Marie Green, Director of General Services) 3. Second reading of an ordinance approving the second amendment to the rooftop lease with Virginia PCS Alliance, L.C., d/b/a nTelos at 220 East Main Street, Salem, Virginia. (Anne Marie Green, Director of General Services) 4. Second reading of an ordinance authorizing the exercise of the option to acquire approximately 11.097 acres of real estate from English Construction, Inc. for the proposed multi-generational recreation center and to authorize the conveyance of approximately 1 acre identified as Tax Map Parcel Number 37.07 -1-5.1 to English Construction, Inc. for road widening purposes. (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) 2 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 - August 22,2007 2. Resolution of appreciation to Bettye Gwinn, Real Estate Valuation, upon her retirement after six years of service 3. Request from the Fire and Rescue Department to accept and appropriate a $2,700 training mini grant from the Virginia Department of Fire Programs for the purchase of computers for the Roanoke Valley Regional Training Center 4. Request from the Sheriff's Office to accept and appropriate a federal grant in the amount of $109,294 from the Department of Criminal Justice Services under the Criminal Justice Record System Improvement Program for records management system upgrades 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 - December 2007 5. Statement of expenditures and estimated and actual revenues for the month ended December 31,2007 6. Report of claims activity for the self-insurance program for the period ended December 31,2007 3 O. CLOSED MEETING pursuant to the Code of Virginia Section 2.2-3711 (A) (1) discussion or consideration of the employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers. P. WORK SESSIONS (Training Room - 4th floor) 1. Work session to discuss Virginia Department of Transportation (VDOT) Chapter 527 regulations regarding traffic impact analysis. (Arnold Covey, Director of Community Development; Philip Thompson, Deputy Director of Planning; Teresa Becher, Transportation Engineering Manager) EVENING SESSION Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Korean student delegation and presentation of Certificates of Honorary Citizenship S. NEW BUSINESS 1. Appointments to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee. (Elmer Hodge, County Administrator) T. PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES 1. WITHDRAWN AT THE REQUEST OF THE PETITIONER. Second reading of an ordinance 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, upon the petition of James Privitera 2. CONTINUED AT THE REQUEST OF THE PLANNING COMMISSION TO FEBRUARY 26, 2008. Second 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. 4 3. Second 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. (Philip Thompson, Deputy Director of Planning) U. CITIZENS' COMMENTS AND COMMUNICATIONS v. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Joseph B. "Butch" Church 2. Michael W. Altizer 3. Joseph P. McNamara 4. Charlotte A. Moore 5. Richard C. Flora W. ADJOURNMENT 5 ACTION NO. ITEM NO. 1)- , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22,2008 AGENDA ITEM: Briefing from Roanoke Valley Convention and Visitors Bureau Elmer C. Hodge ~-#~ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: David Kjolhede, Executive Director of the Roanoke Valley Convention and Visitors Bureau has requested time on the agenda to present a report of the Bureau's activities and successes in 2007 and to give a brief snapshot of what the Bureau has planned for 2008. Following the presentation, Mr. Kjolhede will be available to answer questions from the Board. ACTION NO. ITEM NO. E-f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 SUBMITTED BY: Request to appropriate $33,750 as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project ElmerC. Hodge ~!I~ County Administrator AGENDA ITEM: SUMMARY OF INFORMATION: Since July 2007, Roanoke County has been working with the Western Virginia Water Authority (WVWA) to secure grant funding for the extension of sanitary sewer into the Andrew Lewis Place neighborhood in the Glenvar area. The neighborhood currently relies on aging septic tanks, and an increasing number of these tanks have failed in recent years. On December 4, 2007, the Board accepted a $797,940 water quality improvement grant from the Virginia Department of Housing and Community Development (DHCD) designated for the Andrew Lewis Place Sanitary Sewer Extension Project. The Board appropriated these funds to the WVWA and has designated the WVWA as its agent for the construction and administration of this grant project. The grant will fund the extension of the sewer main into the Andrew Lewis Place neighborhood. A service area has been set by the WVWA, and households within this service area have the option of joining the sanitary sewer system. Each participating household will pay the cost of abandoning the septic tank and extending plumbing from the residence to the property line. Prior to the release of grant funds, DHCD requires Roanoke County to certify that 80 percent of households in the service area will join the sanitary sewer system. Over the past month, WVWA staff has worked hard to obtain the required user agreements. The service area has been adjusted to accommodate a larger number of interested households, and 37 user agreements have been obtained, with a total of 41-45 expected by the DHCD deadline. As presented at the December 4,2007, meeting; this participation rate is contingent on a financing plan to be administered by the WVWA which includes a County grant component to reduce overall connection costs for residents. The proposed grant amount has increased from $25,000 to $33,750 in order to accommodate the higher than expected participation rate. The County's contribution to the project would reduce the connection costs paid by each household from approximately $4,000 to $3,250. Staff is requesting that the Board of Supervisors appropriate $33,750 as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project. FISCAL IMPACT: Appropriation of $33,750 from the Public Works Project Reserve to the Western Virginia Water Authority. ALTERNATIVES: 1) Appropriate $33,750 from the Public Works Project Reserve as a grant to the Western Virginia Water Authority to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project. 2) Do not appropriate funds to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project. STAFF RECOMMENDATION: Staff recommends Alternative 1. 2 ACTION NO. ITEM NO. \-\ -- \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Second reading of an ordinance authorizing the conveyance of three parcels of real estate to the Commonwealth of Virginia in connection with road widening improvements to Route 11/460, Catawba Magisterial District SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: (? .~ /L..~.~0J'V)1-"'-'~./ "J'1..L~ft/"""'C.t .,.l, -) I SUMMARY OF INFORMATION: The Commonwealth of Virginia is seeking to acquire portions of three parcels of real estate owned by Roanoke County for the Route 11/460 road widening project. These acquisitions include 0.481 acre from the Glenvar Library site (tax map parcel 55.13-1-2.2), 0.195 acre from the Fort Lewis Fire Station site (tax map parcel number 55.13-1-2), and 0.080 acre from Fort Lewis Elementary School (tax map parcel number 55.02-1-39.1). County staff has worked with VDOT on this project, and has negotiated a fair price for these properties. VDOT has offered fair market value of $80,414, $45,300, and $9,600; respectively, for these properties. Route 11/460 project was first included in VDOT's Improvement Plan with the 1997-1998 Six-Year Plan. This project will improve a 2.13-mile section of Route 11/460 from the Salem City/Roanoke County Line to just past the Technology Drive intersection in Roanoke County. Current traffic counts show approximately 20,700 vehicles per day with projected counts in 2031 of 34,800 vehicles per day. This project will widen the roadway into a four- lane, divided roadway with dedicated turn lanes for intersecting streets. The 1999-2000 Six-Year Plan allocated a budget for preliminary engineering and right of way acquisition of $3.5 million. The enhanced cost estimate at the preliminary stage was $19 million. In the 2000 General Assembly Session, this project was specified as a priority project and was awarded an additional $13 million. VDOT began surveying work for the project in September 2000 for design and preparation of construction plans. In January 2001, Roanoke County contracted with Engineering Concepts Inc. for a Route 11/460 west corridor master plan. Roanoke County also contracted HSMM in March 2002 for stormwater management coordination with VDOT. The design and right of way acquisition continued up to May 2006. VDOT then held a design public hearing on May 10,2006, for public input on the project. On June 27,2006, the Roanoke County Board of Supervisors adopted a resolution in support the project. The final construction plans were then sent to Richmond for approval by the State Highway Commissioner. The project was approved on September 1, 2006, with minor revisions. The schedule following approval by State Highway Commissioner included a field inspection team meeting to review project scope, schedule, and budget. This meeting was held July 5, 2006. Right of Way acquisition was scheduled to be completed by September 2006 but continued through the fall of 2007 and is still currently underway. The construction contract advertisement date is currently scheduled for fiscal year 201 0 with an estimated cost of $ 42.7 Million. Attached are exhibits that show the impact of the right of way on the proposed sites. Exhibit D shows the impact on the Fort Lewis Fire Station and the intersection of Daugherty Road and Route 460. In the short term, the impact to the fire station can be accommodated by exiting from the rear of the station. In the long term, it may be necessary to make modifications to the building or replace it. FISCAL IMPACT: Payment by Commonwealth of Virginia to Roanoke County in the amount of $135,314. Staff recommends that the Board allocate $80,414 to the Glenvar Library renovation project, $45,300 to the Fire and Rescue Department for repairs and renovations (update kitchen and bay heat) to Fort Lewis Fire Station, and $9,600 to the Roanoke County School Board. ALTERNATIVES: 1) Approve the second reading of the attached ordinance authorizing the conveyance of these three parcels of real estate to the Commonwealth of Virginia for the Route 11/460 road-widening project and accept the payment of $135,314. 2) Refuse to accept this payment and do not authorize the conveyance of these three parcels to the Commonwealth of Virginia. STAFF RECOMMENDA.r10N: It is recommended that the Board favorably consider the second reading and adoption of the attached ordinance. 2 I l- I 0 UJ -, 0 0::: a.. ~ ~ UJ l- => 0 0::: I- 0 0 > rrl~ . i~ J~ ! +J (l) ~ ~ 0 0 .-t VI CO ~ ::J (l) .!:: u .!: .-t ~ JlJ B o V) - >- 0::: <( 0::: en .....J 0::: ~ Z W-c .....JQ) (9'~ ...........::J 1-<( O. WU .....,<( 0"- o:::~ 0...0 (Qoo ~g N ..c ro ::J C ro ....., 00 2 ro o 8) JZi. , ~1ii~ 1j!p ! ..... Q) ~ 0 0 T""'l ~ CO ~ :J Q) .r:. -. u -' .~ 2 a T""'l a ~ Q) I B U o (J) Cf) >- a: ~ z w :2 W -''''0 WO> ~ Cf) '5 - 0- SU w<:( . 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I I o ~rg ,.QO ..eN >< W ra ::J s:: ra ...., CO 2 ra o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 22, 2008 ORDINANCE AUTHORIZING CONVEYANCE OF THREE PARCELS OF REAL ESTATE TO THE COMMONWEALTH OF VIRGINIA IN CONNECTION WITH ROAD WIDENING IMPROVEMENTS TO ROUTE 11/460, CATAWBA MAGISTERIAL DISTRICT WHEREAS, the Commonwealth of Virginia Department of Transportation has undertaken the widening of a section of Route 11/460 in Roanoke County located in the Catawba Magisterial District; and WHEREAS, the widening of Route 11/460 requires the acquisition of parcels of real estate from the adjacent property owners to provide adequate width for the road project; and WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on January 8, 2008; and a second reading was held on January 22, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provIsions of Section 16.01 of the Charter of Roanoke County, the subject parcels are hereby declared surplus and are being made available for other public uses by conveyance to the Commonwealth of Virginia for the road widening project involving Route 11/460; and 2. That conveyance of the following properties for the following considerations to the Commonwealth of Virginia is hereby authorized and approved: 0.195 acre 0.481 acre 0.08 acre 55.13-1-2 55.13-1-2.2 55.02-1-39.1 $45,300 $80,414 $9,600 3. The Board allocates and appropriates $80,414 to the Glenvar Library renovation project, $45,300 to the Fire and Rescue Department for repairs and renovations (update kitchen and bay heat) to Fort Lewis Fire Station, and $9,600 to the Roanoke County School Board. 4. That the County Administrator or any assistant county administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this conveyance of property, all of which shall be upon form approved by the County Attorney. 5. That this ordinance shall be effective on and from the date of its adoption at second reading. 2 ACTION NO. ITEM NO. \-\-2. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Second reading of an ordinance authorizing and approving execution of a renewal lease agreement with Cisco Systems, Inc. for office space in the Salem Bank and Trust Building at 220 East Main Street, Salem, Virginia, owned by the Board of Supervisors of Roanoke County, Virginia SUBMITTED BY: Anne Marie Green Director, Department of General Services - Elmer C. Hodge tc-, '-"-<- iTc-b--1J ,'-- County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: ) &~~ ------.-~.c ~/l :?)2/l- i: 2J ( SUMMARY OF INFORMATION: Cisco Systems, Inc., a California corporation which is a major supplier of network equipment and management for the internet, has leased 1,400 square feet of office space in the Salem Bank and Trust Building since March 2002. Their lease also allows Cisco to install and use both a WHIP antenna and a small satellite dish on the building's roof. Cisco Systems' current lease for this space was for a two-year term commencing March 1,2006, and ending on February 29, 2008. Cisco Systems has requested to amend the current lease terms to extend their lease for an additional three (3) years beginning March 1,2008, and terminating on February 28, 2011. In negotiations with County officials, Cisco Systems has agreed to a three (3%) percent increase in its current rental, including that of the roof antenna space, in each year of this lease extension and to pay for utility usage based upon their proportionate share of the second floor office space. This tenant will have the right to terminate the lease at the end of each lease year upon ninety (90) days advance written notice. FISCAL IMPACT: Roanoke County will receive an annual rental of $18,354.60 to be paid in twelve monthly installments of $1,529.55 for the first year term of the lease, increasing to $18,905.24 in the second year and $19,472.40 in the third year of the lease term. Additionally, Cisco Systems, Inc. will pay an annual rental of $ 2,472.00 or $206 per month, for the use of a small portion of roof space for their antennas the first year, increasing to $2,546.16 annual rental or $212.18 per month the second year and $2,622.54 annual rental or $218.55 per month in the third year of this lease renewal term. The rental proceeds will be placed in the Salem Bank & Trust revenue account. ALTERNATIVES: 1) Approve the renewal lease with Cisco Systems Inc., for their currently occupied space at Salem Bank & Trust at the negotiated increased rental, to be executed by the County Administrator or his designee on lease forms to be approved by the County Attorney's Office. 2) Disapprove the negotiated renewal lease. STAFF RECOMMENDATION: Staff recommends approval of Alternative # 1. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 22,2008 ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A FIRST AMENDMENT TO LEASE AGREEMENT AND TELECOMMUNICATION ADDENDUM WITH CISCO SYSTEMS, INC., FOR OFFICE SPACE IN THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing 0.68 acres, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and Trust Building; and WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building and subject to a number of cornmercialleases for the first and second floors of the building and the rooftop for antenna space; and WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue through the existing leases for payment of the debt service on the bonds; and WHEREAS, by Lease Agreement and a Telecommunication Addendum attached thereto, dated the first day of March 2006, the County entered into a lease with Cisco Systems, Inc., a California corporation, for a term of two years for 1,400 square feet of office space in Suite 200 on the second floor of the building and for placement and use of a WHIP antenna and an 18" satellite dish on the rooftop of this building; and WHEREAS, Cisco Systems, Inc. has negotiated with staff to continue leasing the premises for a period of three years from March 1, 2008, at a rental of $1,529.55 per month for the second floor office space and $206 per month for the rooftop antenna space for the first year of the new lease term and to be increased by three percent (3%) for each succeeding year; and WHEREAS, it would serve the public interest to continue leasing the premises to Cisco Systems, Inc. in order to have the office space occupied and maintained and to generate revenue to be applied to meeting the bond obligations; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on January 8, 2008, and the second reading was held on January 22, 2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That lease of 1,400 square feet of office space in Suite 200, as shown on attached Exhibit "A", and rooftop space for a WHIP antenna and an 18" satellite dish on a 4' X 4' pad, as shown on attached Exhibit "B", at the Salem Bank and Trust Building, located at 220 East Main Street, Salem, Virginia, to Cisco Systems, Inc. for a period of three years at an annual rental of $18,354.60, payable monthly in the amount of $1,529.55, for office space and monthly rental of $206 for rooftop space, commencing 2 as of March 1, 2008, and ending on February 28, 2009, an annual rental of $18,905.24, payable monthly in the amount of $1,575.44, for office space and monthly rental of $212.18 for rooftop space, commencing as of March 1, 2009, and ending on February 28, 2010, and an annual rental of $19,472.40, payable monthly in the amount of $1,622.70, for office space and monthly rental of $218.55 for rooftop space, commencing as of March 1, 2010, and ending on February 28, 2011, with the option for Cisco Systems, Inc. to cancel said lease after each lease year upon ninety (90) days written notice to the County, is hereby authorized and approved. 2. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 4. That this ordinance shall be effective on and from the date of its adoption. 3 I r I ( VI 0-- 0-- < H +-I lQ .~ z :5 c.. -- c:: o o ..J ""'" C Z o o I.LI CI) 8-- I I d) . i I J ~) l I I J 8 ~I v If) . 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ITEM NO. \~ - '3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Second reading of an ordinance approving the second amendment to the rooftop lease with Virginia PCS Alliance, L.C., d/b/a nTelos at 220 East Main Street, Salem, Virginia SUBMITTED BY: Anne Marie Green Director, Department of General Services COUNTY ADMINISTRATOR'S COMMENTS: if) , ~<-Q..c.or }Vl/V4:../~ c;-,p2l-~YLc 7.17:_- C:..... SUMMARY OF INFORMATION: An original rooftop lease agreement was entered into with Virginia PCS Alliance, L.e., d/b/a nTelos effective October 1, 2000, for a five (5) year term and subject to three (3) renewal terms of similar length. This original lease agreement contained no provision for reimbursement to the County for utility expenses. Under a previous amendment to this lease, entered into in August 2003, nTelos agreed to pay the sum of One Hundred and Ten Dollars ($ 110) a month for utility services for its rooftop antenna, payable on an annual basis. County staff has negotiated this new lease amendment with nTelos to provide for quarterly billing for electricity, telephone service and all other services and utilities provided to their leased rooftop premises by the County commencing September 18, 2007. Further, nTelos has agreed to reimburse the County for its utility expenses which have exceeded the monthly figure of One Hundred Ten Dollars ($110) for the period from February 1, 2007, through September 17, 2007. STAFF RECOMMENDATION: Staff recommends approval of the attached ordinance. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JANUARY 22, 2008 ORDINANCE AUTHORIZING AND APPROVING EXECUTION OF A SECOND AMENDMENT TO THE ROOFTOP LEASE WITH VIRGINIA PCS ALLIANCE, L.C. FOR ANTENNA SPACE ON THE SALEM BANK & TRUST BUILDING AT 220 EAST MAIN STREET, SALEM, VIRGINIA, OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, the Board of Supervisors of Roanoke County, Virginia, is the owner of several parcels of land, containing 0.68 acres, located at 220 East Main Street in the City of Salem, Virginia, and designated on the Salem Land Records as Tax Map #106- 13-6, #106-13-2, and #106-13-1, and commonly referred to as the Salem Bank and Trust Building; and WHEREAS, said property was purchased on May 15, 2001, subject to leases with the County of Roanoke to provide office space for the Department of Social Services and Blue Ridge Behavioral Health Care on the third, fourth, and fifth floors of the building and subject to a number of commercial leases for the first and second floors of the building and the rooftop for antenna space; and WHEREAS, the County leased the property to the Roanoke County Industrial Development Authority for the issuance of bonds to finance the purchase, and the property was leased back to the County for operation of the premises and generation of the revenue, through the existing leases, for payment of the debt service on the bonds; and WHEREAS, by a Rooftop Lease Agreement, dated the first day of October 2000, the County entered into a lease with Virginia PCS Alliance, L.C., d/b/a nTelos, hereafter referred to as "VA PCS", for a term of five years, with the right of renewal for three (3) additional five year terms, for placement and use of an antenna and related equipment on the rooftop of this building, and said lease is still in effect; and WHEREAS, County staff has negotiated with VA PCS to provided for quarterly billing by Roanoke County to VA PCS for all electricity, telephone services, and all other services and utilities supplied to the premises rented to VA PCS and for separated electricity metering for VA PCS's premises; and WHEREAS, it would serve the public interest to continue leasing the premises to VA PCS in order to generate revenue to be applied to meeting the bond obligations; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on January 8, 2008, and the second reading was held on January 22, 2008. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Second Amendment to the Rooftop Lease between the Board of Supervisors of Roanoke County, Virginia, successor in interest to East Main Properties, L.L.C, and Virginia PCS Alliance, L.C., d/b/a nTelos, ("VA PCS") providing for quarterly invoicing to, and payment by VA PCS for the cost of electricity consumed by VA PCS at its leased premises at 220 East Main Street, Salem, Virginia, commencing September 18,2007, is hereby authorized and approved. 2. That the one-time payment by VA PCS for electricity consumed by VA PCS that exceeds the One Hundred Ten and No/100 Dollars ($110) per month previously 2 paid to Roanoke County by VA PCS for the period from February 1, 2007, through September 17, 2007, is hereby authorized and approved. 3. That the County Administrator or an Assistant County Administrator is hereby authorized to execute a lease agreement on behalf of the Board of Supervisors of Roanoke County and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 4. That the funds generated by this lease shall be placed in the Salem Bank and Trust Building revenue account. 5. That this ordinance shall be effective on and from the date of its adoption. 3 ACTION NO. \-\ - L-f ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Second reading of an ordinance authorizing the exercise ofthe option to acquire approximately 11.097 acres of real estate from English Construction, Inc. for the proposed multi- generational recreation center and to authorize the conveyance of approximately 1 acre identified as Tax Map Parcel Number 37.07-1-5.1 to English Construction, Inc. for road widening purposes SUBMITTED BY: Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: /)~ . - / ~ t11-Y~~ SUMMARY OF INFORMATION: On August 28, 2007, the Board of Supervisors authorized the County Administrator on behalf of the County to execute an Option Agreement with English Construction, Inc to acquire approximately 12 acres of real estate for the proposed Multi-Generational Recreation Center. This Option Agreement identified three tax map parcels (26.18-1-3, 26.18-1-2, and 26.18-1-1) and a portion ofa fourth parcel (26.15-1-4). The configuration of this property was redesigned to accommodate better opportunities for future economic development of a proposed business park. This redesign resulted in the elimination of the acquisition of the portion of the fourth parcel and the acquisition of a portion of a new parcel identified as Tax Map No. 26.19-1-1. This reconfiguration also provides for the relocation of Valley Point Boulevard and the elimination of an on-site storm water management facility. Storm water management will be handled off-site as part of the business park. As a result of this reconfiguration of the property to be acquired, the total acreage is now 11.097 acres. This Option Agreement also provided for the conveyance of approximately 1 acre of County-owned real estate (Tax Map Parcel Number 37.07 -1-5.1) to English Construction, Inc. for the widening of Valley Pointe Blvd. The road-widening project is essential for the ultimate development of the proposed 200-acre business park. The design of the multi-generational recreation center is proceeding as planned under the comprehensive agreement. The environmental report for this parcel is complete. The subdivision of this parcel from the larger tract of real estate owned by English is in the process of review and approval. FISCAL IMPACT: The Option Agreement provided that the County would pay English Construction Inc. $150,000 per acre for this property. $1,800,000 is appropriated and available in the multi- generational center account in the County's Capital Fund. It is estimated that title insurance; title examination; and other closing costs, fees, and expenses required to complete this transaction will be in the amount of $5,000. ALTERNATIVES: 1) Approve the second reading of the attached ordinance authorizing the exercise of an option for the acquisition of approximately 11.097 acres of real estate (Tax Map Nos. 26.18-1-2,26.18-1-3, and part of 26.18-1-1) and the acquisition of part of Tax Map No. 26.19-1-1 for the proposed multi-generational recreation center and to authorize the conveyance of 1 acre of County-owned real estate for road-widening purposes. 2) Refuse to authorize the exercise of this Option Agreement, allowing it to lapse. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the second reading and adoption of the attached ordinance. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 22,2008 ORDINANCE AUTHORIZING THE EXERCISE OF AN OPTION AND THE ACQUISITION OF APPROXIMATELY 11.097 ACRES OF REAL ESTATE (TAX MAP NOS. 26.18-1-2, 26.18-1-3, AND PART OF 26.18-1- 1 AND PART OF TAX MAP NO. 26.19-1-1) FROM ENGLISH CONSTRUCTION, INC. FOR THE PROPOSED MULTI-GENERATIONAL RECREATION CENTER AND THE CONVEYANCE OF APPROXIMATELY 1 ACRE IDENTIFIED AS TAX MAP PARCEL NUMBER 37.07-1-5.1 TO ENGLISH CONSTRUCTION, INC. FOR ROAD WIDENING PURPOSES WHEREAS, on September 26, 2007, Roanoke County entered into an option to purchase agreement with English Construction Company, Inc. for the purchase of approximately 12 acres in the Hollins Magisterial District for the proposed Multi- Generation Recreational Center; and WHEREAS, this Option also provided for the conveyance of a one-acre parcel of real estate identi"f1ed as Tax Map Number 37.07-01-05.01 owned by the County; and WHEREAS, the County now wishes to exercise said option and purchase this real estate; and WHEREAS, the configuration of this property was redesigned to accommodate better opportunities for future economic development of a proposed business park. This redesign resulted in the elimination of the acquisition of a portion of the option property and the acquisition of a portion of a new parcel identi"f1ed as Tax Map No. 26.19-1-1 This reconfiguration also provides for the relocation of Valley Point Boulevard and the elimination of an on-site storm water management facility; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the 1 first reading of this ordinance was held on January 8, 2008, and the second reading was held on January 22, 2008; and WHEREAS, Section 16.01 of the Charter of Roanoke County directs that the subject parcel be hereby declared surplus and be made available for other public uses by conveyance to English Construction Company, Inc. for the road widening project involving Valley Pointe Boulevard. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the exercise of an option for the acquisition of approximately 11.097 acres of real estate (Tax Map Nos. 26.18-1-2, 26.18-1-3, and part of 26.18-1-1) and the acquisition of part of Tax Map No. 26.19-1-1 located off Woodhaven Road owned by English Construction Company, Inc. for the sLIm of One Hundred Fifty Thousand Dollars per acre is hereby approved and further that the acquisition of said real estate is hereby authorized and approved. 2. That the conveyance of 1 acre of real estate (Tax Map No. 37.07-1-5.1) to English Construction Company, Inc. for the purpose of road widening and improvements to Valley Pointe Boulevard is hereby authorized and approved. 3. That the expenditure of funds, title examination and insurance, and recordation fees is hereby authorized and approved. 4. That funds will be appropriated into the Multi-Generational Center account from the Major Capital fund to pay all of the costs of this acquisition. 5. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of 2 Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. 3 ACTION NO. ITEM NO. "1 )-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Appointments to Committees, Commissions and Boards SUBMITTED BY: Wanda G. Riley, CPS Clerk to the Board APPROVED BY: Elmer C. Hodge 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. As requested by Chairman Flora at the Board meeting on January 8, 2008, Mr. Darnall was contacted by the Clerk's Office and has advised that he is willing to serve an additional term. If the Board wishes to make the appointment at this meeting, the confirmation will be placed on the Consent Agenda. 2. Library Board (Appointed by District) The four-year term of Sheryl Ricci, Windsor Hills Magisterial District, expired on December 31,2007. Ms. Ricci has informed the Library Board that she does not wish to be reappointed. S I-I{ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE FORMER ROANOKE COUNTY PUBLIC SAFETY CENTER, 3568 PETERS CREEK ROAD, ROANOKE, VIRGINIA, ON TUESDAY, JANUARY 22, 2008 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 January 22, 2008 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-August 22, 2007 2. Resolution of appreciation to Bettye Gwinn, Real Estate Valuation, upon her retirement after six years of service 3. Request from the Fire and Rescue Department to accept and appropriate a $2,700 training mini grant from the Virginia Department of Fire Programs for the purchase of computers for the Roanoke Valley Regional Training Center 4. Request from the Sheriff's Office to accept and appropriate a federal grant in the amount of $1 09,294 from the Department of Criminal Justice Services under the Criminal Justice Record System Improvement Program for records management system upgrades 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. 3-2-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Resolution of appreciation to Bettye Gwinn, Real Estate Valuation, upon her retirement after six years of service SUBMITTED BY: Brenda J. Holton, CMC Deputy Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Bettye Gwinn, Real Estate Valuation, retired on December 1, 2007, and has requested that her resolution of appreciation be mailed. STAFF RECOMMENDATION: It is recommended that the Board approve the attached resolution and direct the Deputy Clerk to mail the resolutions to Ms. Gwinn with the appreciation of the Board members for her years of service to the County. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 22,2008 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO BETTYE GWINN, REAL ESTATE VALUATION, UPON HER RETIREMENT AFTER SIX YEARS OF SERVICE WHEREAS, Bettye Gwinn was employed by Roanoke County on May 14, 2001, as an appraiser in the Real Estate Valuation Department and continued in this position until her retirement; and WHEREAS, Ms. Gwinn retired from Roanoke County on December 1, 2007, after six years and six months of service to begin a new chapter in her life; and WHEREAS, Ms. Gwinn will be remembered for her ability to work with the staff within the Real Estate Valuation Office and with other Roanoke County Departments concerning any aspect of real estate valuation; and WHEREAS, Ms. Gwinn always looked forward with joy to evaluating new construction projects and determining how each project would measure up in the market place; and WHEREAS, Ms. Gwinn truly enjoyed meeting with builders, construction superintendents, and citizens while construction was ongoing within these new projects and her appraisal knowledge and her ability to work with people was an asset for Roanoke County; and WHEREAS, Ms. Gwinn was a member of the Virginia Association of Assessing Officers and other organizations that provide services within the community; and WHEREAS, Ms. Gwinn, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke County to BETTYE GWINN for more than six years of capable, loyal, and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. 2 ACTION NO. ITEM NO. J-3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Request from the Fire and Rescue Department to accept and appropriate a $2,700 training mini grant from the Virginia Department of Fire Programs for the purchase of computers for the Roanoke Valley Regional Training Center SUBMITTED BY: Richard E. Burch, Jr. Fire and Rescue Chief APPROVED BY: Elmer C. Hodge, Jr. tIt County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Department of Fire Programs has awarded the Fire and Rescue Department a training mini grant totaling $2,700 to purchase computers for the three classrooms at the Roanoke Valley Regional Training Center. Due to the rapid changes in technology, it is imperative that computers at this facility be upgraded on a frequent basis to insure that newer software and hardware remain compatible and functional at our training center. Without these upgrades, instructors and agencies may encounter problems utilizing these training aids during classroom exercises. FISCAL IMPACT: There is no match required. ALTERNATIVES: The Department will not be able to replace the computers, and the technology will become outdated. STAFF RECOMMENDATION: Staff recommends the Board accept the grant and appropriate the funds to the Fire and Rescue Department's budget. ACTION NO. ITEM NO. J-"4 \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Request from the Sheriff's Office to accept and appropriate a federal grant in the amount of $109,294 from the Department of Criminal Justice Services under the Criminal Justice Record System Improvement Program for records management system upgrades SUBMITTED BY: Gerald S. Holt Sheriff APPROVED BY: Elmer C. Hodge {fI County Administrator COUNTY ADMINISTRATOR'S COMMENTS: ..J!. ~~ "t/~ SUMMARY OF INFORMATION: The Sheriff's Office has received approval for a grant which provides continued funds from the Department of Criminal Justice Services for a criminal justice record system improvement program. This program will provide funds to purchase additional equipment that will further upgrade the jail's record management system and document imaging software. This grant was approved by letter on December 19,2007. This grant award is for a twelve month period, from January 1, 2008, through December 31,2008. FISCAL IMPACT: None. Matching funds are available in the Sheriff's Office budget. The grant is in the amount of $1 09,294 in federal funds and $36,431 local cash match for a total of $145,725 and requires no additional funding from the Board of Supervisors. ALTERNATIVES: None STAFF RECOMMENDATION: Staff recommends the acceptance and appropriation of Federal Grant 08-B5325CR06 in the amount of $109,294. 2 GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA N-/ % 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 January 22, 2008 $ 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 cl--1 County Administrator N-~ 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 ArchitectlEngineeering fees for the renovation of the former Southview Elementary School (175,000.00) $1,533,061.94 Balance at January 22, 2008 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 January 22, 2008 $2,339,030.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C I { 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 January 22, 2008 $ 46,000.00 Submitted By Rebecca E. Owens Director of Finance Approved By Elmer C. Hodge C'\ f.{ County Administrator ACTION NO. ITEM NO. N-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Accounts paid-December 2007 SUBMITTED BY: Rebecca E. Owens Director of Finance APPROVED BY: Elmer C. Hodge [H County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Total Payments to Vendors $ $ $ 5,303,853.15 Payroll 12/14/07 985,088.16 109,039.92 1,094,128.08 Payroll 12/28/07 1,056,951.77 113,280.33 1,170,232.10 Manual Checks 1,452.20 1,452.20 Voids Grand Total $ 7,569,665.53 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. Wl \ ~ "" o o N ~ ::, V ~ 0 '" "= "6il .. ;; .; ..:l: Q = '" Q ~ .... Q ;., - = :l Q U :2: -< .0 N ..,. ::: 00 z '" ~ Oci '" = .~ - '" ";: Cl. Q .. Cl. Cl. < "Cl = '" '" ... ... = eo: .. ~ e = ... = ~ ,;; ~ :l - :a = ... Cl. ~ ~ .... Q ... -= "Cl ... .c ... en ~ -= e 1; - ~i~~i: ... ~ ~ rI.l = ~ ~ ~ = ;.. 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Ol <Ii ~ ~ a:: N C .... a:: Ol .c .... C ;: c '= => .... '" ;:; ... f;;;l = ... './:) = C <:> C :: ~ u .. c ... <>0 '" <Ii ... .. .., ~ .. <>0 l>ll -5 00 '0 '" ..... ~ <:1-. ~ Q N '" '; c; t- '0 = .. ... " 00 0 0 ..... N 3 "" '" ;::, '" 0 c = '"' f .. c .. ~ ..c:: ~ c; " "' ;; 0 " 0 ~ ;.. ::'E Cl :E ~ ~ t:: 0 "- ~ '"' v 0. 00 '0 ,;!l en " ... ~ = '" L.i: ~ '^ '^ '" 0 ...J '" ... " 00 ACTION NO. ITEM NO. N'-lo AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Report of claims activity for the self-insurance program SUBMITTED BY: Robert C. Jernigan Risk Manager Elmer C. Hodge {'.r;,{ County Administrator APPROVED BY: COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the self-insurance program, Ordinance 0-061494-6, Section 2-86.C, attached is the fiscal year to date claims activity report including the second quarter that ended December 31,2007. Attachment A: Auto, Attachment B: General Liability. FISCAL IMPACT: None I- D:: o 0.. W D:: en w w I- en :J D:: I- W o z ~ :J en z -; U. ...J W en ..... Q Q N a .... C'? .... Q) .c E Q) CJ Q) o ..... Q Q N - .... Q >- ...J :J ..., o I- :J < W I- < C o I- D:: < w >- ...J < o en u::: < o o ci ..... Ol .... c: Q) E .c (.) .l!! <( 01 00 01 001' w a Wi I ~ 0 ~ ~I!I I ~I ~I ~ ~ ~I ~ ~(~I 1 Ii: I ;i ~ T1 II -'I- 1- I I I I ~j ::li I :;:. 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I I I I ~I~~,-I 1- i.----+ll-I .-; . --- -1, 1 +-t- ~I~. , I I. I I r I r r 1 I ~I ~ 1 I I , I 1 I 1 I I , , co 'E Q) E .c u 2! <{ ~ '0 Q) Ol <11 Q. IX) o o ~ CD ~ - ~ ACTION NO. ITEM NO. ? -\ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Work session to discuss Virginia Department of Transportation (VDOT) Chapter 527 regulations regarding traffic impact analysis SUBMITTED: Teresa Becher Transportation Engineer Manager APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In 2006, the General Assembly passed legislation directing localities to submit to VDOT a traffic impact analysis for development proposals that would significantly impact the state transportation system for review and comment. The objectives of the legislation are to provide consistent information regarding the traffic impacts of proposed land use decisions to local decision makers and citizens and to ensure that traffic impacts, both local and regional, are considered when land use decisions are made. A traffic impact analysis may be required for comprehensive plans and amendments, rezoning and special use permit applications, and site plan submittals if certain traffic generation thresholds are met. The regulations are being phased in throughout the state, with the Salem Construction District being in Group 1. Implementation for Group 1 began on July 1,2007. As part of the implementation process, higher traffic generation thresholds are set for the first 6 months. Lower traffic generation thresholds for the Salem District began on January 1, 2008. VDOT representatives and County staff will review VDOT's Chapter 527 regulations on ~affic impact analysis with the Board during the work session. ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 22,2008 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 ~ \ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: Recognition of Korean student delegation and presentation of Certificates of Honorary Citizenship SUBMITTED BY: Elmer Hodge County Administrator SUMMARY OF INFORMATION: We are pleased to recognize a Korean student delegation that is visiting the Roanoke Valley. The delegation is visiting the Valley in conjunction with the Sister City program. While the students are here, they will have the opportunity to make American friends through home stays with families in the area. This visit will allow for an exchange of American and Korean cultures. The students will be introduced at the evening session and presented Certificates of Honorary Citizenship. CERTIFICATE OF HONORARY CITIZENSHIP Be it hereby known that Xjm fJJa-9""eong has on Tuesday, January 22,2008, been named an HONORARY CITIZEN OF ROANOKE COUNTY, VIRGINIA, USA and shall hold and enjoy a place of high esteem in the minds and hearts of the Citizens of the County of Roanoke. ~\~_S> c.. ~Qwa- Richard C. Flora, Chairman Roanoke County Board of Supervisors El{.~Odt.::~ Admioistrator ATTEST: ~JP \}J.'R~ andaG. Riley, CPS ' Clerk to the Board ACTION NO. ITEM NO. s~- , AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: January 22, 2008 AGENDA ITEM: SUBMITTED BY: Appointments to the Roanoke Valley-Alleghany Regional Comprehensive Economic Development Strategy Committee Elmer C. Hodge ca.-- K~ County Administrator SUMMARY OF INFORMATION: The Roanoke Valley-Alleghany Regional Commission (RVARC) is asking each locality member of the Regional Commission to appoint one elected official and two private sector representatives to serve on a committee to develop a Comprehensive Economic Development Strategy (CEDS). A CEDS document is a requirement for Federal funding through the Economic Development Administration, and can assist localities with funding opportunities for local or multi-jurisdictional projects. The RVARC is requesting that these appointments be made in January, if possible. Attached for your information is a letter from Wayne Strickland, Executive Director of the Regional Commission, which outlines the purpose of this new committee, along with the bylaws. Also attached is a Summary of Requirements for Comprehensive Economic Development Strategies. Applications for appointment to this committee have been received by various Board members and the appointments will be discussed in closed meeting prior to the Board's evening session. l , \ , ,.~~ .. \.,,' 313 Luck Aven-,8, SW / 70 Bcx 2569 / EC2L,cke. 7irginia 24010 TEL: 540.343,4417 I F~,{: 540.343,4416 ! "JJWTJ.rvarc.org / rvarc:@rvarc,org O>mmission i December 17, 2007 Mr. Elmer Hodge, County Administrator Roanoke County Administration Center PO Box 29800 Roanoke, VA 24018-0798 t: I fY\.rV\. Dear Ml:-Hr1dae ~ ~-- b , The Roanoke Valley-Alleghany Regional Commission (RV ARC) is asking for your assistance in an important regional effOli. The Regional Commission has authorized the staff to move forward in the creation of a regional Comprehensive Economic Development Strategy. As you know, the last regional economic strategy was adopted by our member local govemments in 2002. The proposed Comprehensive Economic Development Strategy (CEDS) will identify economic development needs/priorities and will outline how the region can implement the strategy to achieve sustainable economic development. A CEDS document is required before a locality can qualify for financial assistance l..mder U.S. Economic Development Administration (EDA) grant programs including the public works, economic adjustment, and most other EDA grant programs. It should be noted that the purpose of the strategy development is not just to meet requirements for funding fl.'om EDA but also to create a useful strategic economic planning process for the region. Once the regional CEDS is completed, the RV ARC will monitor progress toward achieving the goals/priorities contained in the strategy The staff of the RV ARC is forming a Strategy Committee to review pertinent economic data and to assist in the development of the economic development strategy. The Regional Commission recently adopted bylaws guiding the formation of the Roanoke Valley-Alleghany Regional CEDS Strategy Conmlittee. A copy of the bylaws is enclosed for your review. In reviewing the bylaws, you will see that the Conunittee will be composed of a number of regional stakeholders including local goverlUncnt elected officials, business leaders, representatives from economic development organizations, the workforce development board, and institutions of higher education. The Regional Commission serves Alleghany, Botetourt, Craig, Franklin and Roanoke counties, the cities of Covington, Roanoke and Salem, and the towns of Clifton FOI'ge and Vinton '~,~ ,:~k>~ Part or nevv -- Page 2 -- Each locality is being asked to appoint one elected offIcial and two pri vate sector representatives to serve 011 the CEDS Strategy Committee. To satisfy Economic Development Administration regulations, the private sector representatives must be a member of senior management or an executive holding a key decision-making position or that person's designee. The Regional Commission is also requesting that you, as your locality's chief administrative official, serve as a nonvoting member of the CEDS Committee. The Regional Commission is requesting that these appointments be made in January if possible. The Conm1ission's staff is proposing to meet with the full CEDS Strategy Committee in mid to late February to introduce the committee members to the CEDS planning process. A meeting announcement will be sent in early February after appointments are received. Meetings will likely be held on a bi-monthly basis throughout the development of the strategy document. We hope you will agree that the CEDS process represents a unique oppOltunity to forge a strategy that help the region enhance its economic development oppOliunities in the future. Please contact me directly with any questions, concerns, or comments. Sincerely, kJ QJvr~ Waynefb. Strickland Executive Director cc: Mayor Brad Grose, Chairman of the Regional Commission BYLAWS ROANOKE VALLEY - ALLEGHANY REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY COMMITTEE ARTICLE I - NAME AND AUTHORITY Section 1 Section 2 The name of this organization shall be known as the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy Committee, hereinafter referred to as "COMMITTEE". The COMMITTEE shall have the authority prescribed to it when created by the Roanoke Valley - Alleghany Regional Commission. Further, the COMMITTEE shall have authority necessary to carry out its purpose and objectives as delineated in Article II of these by laws. ARTICLE 11- PURPOSE AND OBJECTIVES Section 1 Section 2 The purpose of the COMMITTEE is to develop, maintain, pursue implementation of and complete annual reporting requirements related to the Roanoke Valley - Alleghany Regional Comprehensive Economic Development Strategy document. The COMMITTEE shall be charged with the following objectives, which include, but are not limited to, the following: a. To support the ongoing economic development planning process in the Roanoke Valley - Alleghany Region, a region consisting of the Counties of Alleghany, Botetourt, Craig, and Roanoke; the Cities of Covington, Roanoke, and Salem; and the Towns of Clifton Forge and Vinton. b. To prepare draft CEDS documents, CEDS annual reports, annual implementation schedules, and other documents to be sent to the US Economic Development Administration for review and approval by the Roanoke Valley - Alleghany Regional Commission. c. To bring to the attention of the Roanoke Valley - Alleghany Regional Commission and the member localities of the Commission various approaches to solving community and economic development related problems. d. To provide participating jurisdictions, organizations, and private sector entities with information on CEDS initiatives, relevant grant programs, and other related news. ARTICLE III - MEMBERSHIP Section 1 The voting membership of the COMMITTEE shall not exceed 35 voting members. A simple majority (51 %) of the members of the COMMITTEE must be private sector representatives. The voting membership ofthe COMMITTEE shall consist of: (A) one (1) elected official representative each from the Counties of Alleghany, Botetourt, Craig, Roanoke; the Cities of Covington, Roanoke, and Salem; and the Towns of Clifton Forge and Vinton. (B) one (1) representative from the Western Virginia Workforce Development Board. (C) one (1) representative from the Roanoke Regional Chamber of Commerce. (D) one (1) representative from the Alleghany Highlands Chamber of Commerce. (E) one (1) representative from the Roanoke Valley Economic Development Partnership. (F) one (1) representative from a chapter of the National Association for the Advancement of Colored People. (G) one (1) representative from a labor union in the region. (H) one (1) representative from either community college in the region. This seat shall rotate between Dabney S. Lancaster Community College and Virginia Western Community College and shall have a one-year term. (I) one (1) representative from either four-year higher education institution in the region. This seat shall rotate between Roanoke College and Hollins University and shall have a one-year term. (1) a total of eighteen (18) private sector representatives. Each locality shall nominate two private sector representatives to represent that locality on the COMMITTEE. These private sector members must be a member of senior management or an executive holding a key decision-making position or that person's designee. The chief administrative official from each locality shall also serve on the COMMITTEE as a technical advisor. Section 2 COMMITTEE members may serve for a term of 3 years, and may serve an unlimited number of consecutive terms with the exception of those COMMITTEE members representing institutions of higher education which have terms of 1 year and must alternate terms with their counterpart institution. Any elected official representative who is not re-elected or otherwise vacates their position in their local government must vacate their position on the COMMITTEE, at which time the respective local government will appoint a replacement for the elected official who vacates the office. Section 3 If a non-elected member fails to attend or fails to send an alternate to half of the scheduled meetings in any given fiscal year, the member's seat on the committee will be vacated and an ad-hoc nominating committee will convene to choose a replacement for that member. If an elected member fails to attend or send an alternate to half of the scheduled meetings in a fiscal year, a letter will be sent to the governing body of the locality notifying that body of the absences. Any member failing to attend or to send an alternate to at least half of the scheduled meetings in any given fiscal year will no longer be in good standing with the COMMITTEE. Section 4 The COMMITTEE may invite non-voting members from interested organizations to participate in COMMITTEE meetings. The non-voting members representing the interested organizations shall be appointed by their respective organizations. ARTICLE IV - OFFICERS AND ELECTIONS Section I The officers of the COMMITTEE shall include a chair and a vice- chair who shall be elected from the membership of the COMMITTEE and shall serve for a two-year term or until their successors are elected and shall be eligible for re-election. Section 2 The chair shall preside over the COMMITTEE meetings. Section 3 The vice-chair shall assume the responsibilities of the chair in the absence of the chair. Section 4 The election of officers shall be held at the June meeting of every year whenever elections are necessitated by the expiration of terms and those members elected to office shall assume their duties at the conclusion of the meeting. Section 5 One meeting prior to the election, the chair shall appoint a nominating committee of at least three members. The nominating committee shall mail to each COMMITTEE member the name(s) ofnominee(s) for the offices of chair and vice-chair one week prior to the meeting at which the election will be held. Additional nominations may be made from the floor at the time elections are held. Section 6 The secretary of the COMMITTEE shall be a member of the staff of the Roanoke Valley - Alleghany Regional Commission. ARTICLE V - MEETINGS Section 1 The COMMITTEE shall make a special meeting schedule in years when a complete CEDS document must be developed and/or revised. CEDS documents must be completely revised on as-year schedule. The COMMITTEE shall meet on a quarterly basis in years when the COMMITTEE's focus is on monitoring and implementation. A full meeting schedule for the year shall be produced and placed on the Roanoke Valley - Alleghany Regional Commission website at the beginning of each fiscal year in July. Special meetings may be held at other times if the Chair deems it necessary. The secretary will announce meetings at least one month in advance of a planned meeting and distribute agenda at least one week in advance. Meeting agendas and minutes shall also be posted on the COMMITTEE website http://www .rvarceds.org/. Section 2 Members in attendance representing a majority of the member governments participating in the CEDS process shall constitute a quorum. Section 3 The secretary will prepare and maintain a permanent written record of all COMMITTEE proceedings and shall transmit a copy of minutes to all COMMITTEE members upon their completion. Section 4 The agenda for each COMMITTEE meeting shall be prepared jointly between the chair and the secretary. All items desired by members or necessary for inclusion on the agenda shall be submitted not less than ten (10) days prior to the meeting date. ARTICLE VI- STANDING SUBCOMMITrEES Section I The COMMITTEE may establish an "Executive Subcommittee" for the purpose of discussing, evaluating, preparing and recommending actions and/or priorities concerning routine COMMITTEE functions, such as but not limited: Comprehensive Economic Development Strategy development, CEDS monitoring, economic development planning issues, and/or new opportunities that may arise between regularly scheduled CEDS meetings. Section 2 The COMMITTEE may establish other standing and special subcommittees as far as it deems necessary and shall determine the instructions for, and method of appointing members to each subcommittee. The COMMITTEE chair shall fill vacancies in subcommittees. Section 3 All appointments to standing subcommittees shall be for a term of 3 years concurrent with the terms of the officers in the COMMITTEE. ARTICLE VII - AMENDMENT Section I These bylaws may be amended by a simple majority vote of the Roanoke Valley - Alleghany Regional Commission after approval by motion by the COMMITTEE to forward proposed changes to the Commission. Proposed changes in the bylaws shall be transmitted to each Commissioner and each COMMITTEE member seven (7) days prior to the meeting when the potential action is scheduled to be considered. ARTICLE VIII- EFFECTIVE DATE Section I These bylaws shall become effective on January 1,2008. Section 2 Amendments to the COMMITTEE bylaws shall become effective immediately upon ratification by the COMMITTEE. +~,,"'I O~.., :$ ~ " ~t; "1)-047'1' Of / U.S. Department of Commerce Economic Development Administration @) COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES CEDS SUMMARY OF REQUIREMENTS Note: This document provides a synopsis of the requirements for comprehensive economic development strategies. For further information, interested parties are directed to section 302 of the Public Works and Economic Development Act of 1965 (42 US.C, S 3162) and EDA's regulations at 13 C,FR. part 303. The document is intended to selVe as a convenient source for requirements relating to the CEDS, Nothing in this document is intended to supersede or otherwise modify EDA's statute, regulations, policies or procedures. Introduction: A comprehensive economic development strategy (CEDS) is designed to bring together the public and private sectors in the creation of an economic roadmap to diversify and strengthen regional economies, The CEDS should analyze the regional economy and serve as a guide for establishing regional goals and objectives, developing and implementing a regional plan of action, and identifying investment priorities and funding sources, A CEDS integrates a region's human and physical capital planning in the service of economic development. Integrated economic development planning provides the flexibility to adapt to global economic conditions and fully utilize the region's unique advantages to maximize economic opportunity for its residents by attracting the private investment that creates jobs for the region's residents. A CEDS must be the result of a continuing economic development planning process developed with broad-based and diverse public and private sector participation, and must set forth the goals and objectives necessary to solve the economic development problems of the region and clearly define the metrics of success, Finally, a CEDS provides a useful benchmark by which a regional economy can evaluate opportunities with other regions in the national economy, Who should develop a CEDS? A Planning Organization seeking to formulate and implement a regional economic development program will benefit from developing a CEDS. Successful economic development efforts are based on CEDS that provide an economic roadmap to diversify and strengthen regional economies, The Public Works and Economic Development Act of 1965, as amended (PWEDA), requires a CEDS in order to apply for investment assistance under EDA's Public Works or Economic Adjustment Assistance Programs. At EDA's discretion, EDA may accept CEDS that it has funded or CEDS prepared independently of EDA investment assistance or oversight. The following sections set out below on "Planning Organizations" and "Strategy Committees" cover the requirements for EDA-funded CEDS, while the remainder of this document pertains to technical requirements for CEDS. It should be noted that in determining the acceptability of a CEDS prepared independently of EDA investment assistance or oversight for projects under 13 C,F.R. parts 305 or 307, EDA may in its discretion determine that the CEDS is acceptable withoul it fulfilling every requirement set out in 13 C,F.R. S 303,7. In doing so, EDA shall consider the circumstances surrounding the application for investment assistance, including emergencies or natural disasters, and the fulfillment of the requirements of Section 302 of PWEDA. A. EDA-funded CEDS Pursuant to 13 C.F.R. ~ 303.6, if EDA awards Investment Assistance to a Planning Organization to develop, revise, or replace a CEDS, the Planning Organization must follow the procedures set forth in paragraphs A.1 and A.2. 1. Planning Organization: A Planning Organization (as defined in 13 C.F.R. S 303.2), typically an Economic Development District (EDD) or Indian Tribe, may be eligible for EDA planning investment assistance. The purpose of such assistance is to develop a CEDS for a specific EDA-approved region, The Planning Organization is responsible for: · Appointing a Strategy Committee (CEDS Committee); · Developing and submitting to EDAa CEDS that complies with 13 C.F.R. ~ 303.7; · Making a new or revised CEDS available for review and comment by the public for a period of at least thirty (30) days prior to submission of the CEDS to EDA; . Obtaining approval of the CEDS from EDA; · After obtaining approval of the CEDS, submitting to EDA an updated CEDS performance report annually. The performance report, in addition to reporting progress on CEDS implementation, should also discuss community and private sector participation in the CEDS effort, Any performance report that results in a change in the technical components of the EDA-approved CEDS must be available for review and comment by the public for a period of at least thirty (30) days prior to submission of the performance report to EDA; · Submitting a copy of the CEDS to any Regional Commission if any part of the EDA-approved EDD region is covered by that Commission; · Submitting a new CEDS to EDA at least every five (5) years, unless EDA or the Planning Organization determines that a new CEDS is required earlier due to changed circumstances. 2. Strategy Committee: The Strategy Committee is the entity identified by the Planning Organization as responsible for developing, revising, or replacing the CEDS. The Strategy Committee must represent the main economic interests of the region, and must include Private Sector Representatives (defined in 13 C.F.R. ~ 300.3, with respect to any for-profit enterprise, as any senior management official or executive holding a key decision making position, or that person's designee) as a majority of its membership. In addition, the Planning Organization should ensure that the Strategy Committee also includes: · Public officials: · Community leaders; · Representatives of workforce development boards; · Representatives of institutions of higher education; . Minority and labor groups; and . Private individuals. Strategy Committees representing Indian Tribes or States may vary, B. Technical Requirements Pursuant to 13 C.F.R. 9 303.7, a Planning Organization must include the following information in a CEDS submitted to EDA.-- 1. Background: The CEDS must contain a background of the economic development situation of the region that paints a realistic picture of the current condition of the region. This background must include a discussion of the economy, population, geography, workforce development and use, transportation access, resources, environment, and other pertinent information, 2. Analysis of Economic Development Problems and Opportunities: The CEDS must include an in-depth analysis of the economic development problems and opportunities that identifies strengths and weaknesses in the regional makeup of human and economic assets, and problems and opportunities posed by external and internal forces affecting the regional economy, This analysis must: · Incorporate relevant material from other government-sponsored or supported plans and demonstrate consistency with applicable State and local workforce investment strategies. . Identify past, present, and projected future economic development investments in the region, · Identify and analyze economic clusters within the region. 3. CEDS Goals and Objectives.. Defining Regional Expectations: The CEDS must contain a section setting forth goals and objectives necessary to solve the economic problems, or capitalize on the resources, of the region, Any strategic project, program, or activity identified in the CEDS should work to fulfill these goals and objectives, · Goals are broad, primary regional expectations, · Objectives are more specific than goals, clearly measurable, and stated in realistic terms considering what can be accomplished over the five (5) year time frame of the CEDS, 4. Community and Private Sector Participation: The CEDS must include a section discussing the relationship between the community in general and the private sector in the development and implementation of the CEDS, Public and private sector partnerships are critical to the implementation of the CEDS. 5. Strategic Projects, Programs and Activities: The CEDS must contain a section which identifies regional projects, programs and activities designed to implement the Goals and Objectives of the CEDS, This section should identify and describe: Suggested Projects- - All suggested projects, programs and activities and the projected number of jobs to be created as a result. - Lead organizations responsibilities for execution of the projects, Vital Projects- A prioritization of vital projects, programs, and activities that address the region's greatest needs or that will best enhance the region's competitiveness, including sources of funding for past and potential future investments. These can be overarching "themes" for regional economic development success and is expected to include components, Funding sources should not be limited to EDA programs. 6. CEDS Plan of Action: The plan of action. as described in the CEDS, implements the goals and objectives of the CEDS in a manner that- · Promotes economic development and opportunity; · Fosters effective transportation access; · Enhances and protects the environment; · Maximizes effective development and use of the workforce consistent with any applicable State or local workforce investment strategy; · Promotes the use of technology in economic development, including access to high-speed telecommunications; · Balances resources through sound management of physical development; and · Obtains and utilizes adequate funds and other resources, The CEDS must also contain a section that discusses the methodology for cooperating and integrating the CEDS with a State's economic development priorities, 7. Performance Measures: The CEDS must contain a section that lists the performance measures used to evaluate the Planning Organization's successful development and implementation of the CEDS, including but not limited to the: · Number of jobs created after implementation of the CEDS; · Number and types of investments undertaken in the region; · Number of jobs retained in the region; · Amount of private sector investment in the region after implementation of the CEDS; and · Changes in the economic environment of the region, These are not meant to be the only performance measures for the CEDS. Most Planning Organizations developing a CEDS will benefit from developing additional quantitative and qualitative measures that will allow them to evaluate progress toward achieving the goals identified as important in their regions, For more information: www,eda.gov T ._\ PETITIONER: CASE NUMBER: James Privitera 2-1/2008 Planning Commission Hearing Date: 1/02/2008 Board of Supervisors Hearing Date: Withdrawn by petitioner A. REQUEST The petition of James Privitera to rezone 0.92 acre from AG-1, Agricultural/Rural Low Density District, to A V, AgriculturalNillage Center District, to construct a Fine Arts Studio business located at 2222 Wildwood Road, Catawba Magisterial District. (Withdrawn by the Petitioner) B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION This application was withdrawn by the petitioner. D. CONDITIONS None. E. COMMISSION ACTION F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission 2310 Carolina Avenue Roanoke, VA 24014 December 13, 2007 ; I Tim Beard Planning and Zoning office Roanoke County Dear Mr. Beard, This letter is in reference to my re-zoning application for 2222 Wildwood Road in Salem. The community meeting certainly showed the opposition to such a plan from a large number of residents. It seems apparent that their only wish for that property is to have a church and only a church. I believe, as was expressed at the meeting, that they will carry their opposition to the Planning Council and Board of Supervisors meetings. Because of the strong showing and their determination to follow through. I believe that those councils are not likely to approve the proposal for re-zoning. In light ofth.ese facts I wish to withdraw my application. Thank you for your interest and assistance. Sincerely, .,'-) ("y"' -\j.~ /" -.-'\ James Privitera Cc: Paul Jamison, Long and Foster Realty l__ T-~ ..... PETITIONER: CASE NUMBER: Grant Avenue Development 3-1/2008 Planning Commission Hearing Date: 1/02/2008 (Continued to Planning Commission's February 5th Meeting) Board of Supervisors Hearing Date: 2/26/2008 A. REQUEST The petition of Grant Avenue Development 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. B. CITIZEN COMMENTS None C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Patriarca presented the petition. The commissioners followed with a series of questions pertaining to specifics of the Special Use Permit conditions regarding lighting and signage. The petitioner then proceeded to elaborate on the signage issue stating his business would be negatively impacted by the size of the signage being recommended by staff. A discussion followed elaborating on issues pertaining to signage ranging from sight distance issues to overall aesthetic and height. Following the signage discussion, the commissioners inquired about the physical appearance of the proposed building. Ms. Hooker initiated the discussion with the thought that the proposed development was not adhering to the Williamson Road/Hollins Village Design Guidelines, and that more attention should be paid to the overall aesthetic of the building. The petitioner then proceeded to show imagery of various other restaurants developed by the petitioner in the past. After viewing these images, Mr. Jarrell made a motion that action on the petition be postponed until the February 5th meeting in order for the petitioner to provide staff with more detail of how the completed structure would look. D. CONDITIONS 1) The development of the property shall be in substantial conformance with the site plan entitled Arby's Restaurant Plantation Road, dated June 6,2007, prepared by LMW, P.C., with driveway access only from Friendship Lane, subject to those changes required by Roanoke County during its comprehensive site plan review. 2) All materials utilized on the exterior walls shall be of brick construction and generally conform to the Williamson Road/Hollins Village Design Guidelines. 3) Any freestanding sign shall be a monument style not to exceed 7 feet in height and 10 feet in width, and shall have brick construction to match the building. The sign shall generally conform to the Williamson Road/Hollins Village Design Guidelines. 4) Off-premises signs shall be prohibited. 5) Signage placed on the building shall occupy less than five percent of the building fat;ade area. 6) The proposed structure shall not exceed more than 40 feet at the peak of the roof. 7) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, and the top of any light fixture shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox style fixtures. 8) The sides and rear of the dumpster enclosure shall be brick construction. E. COMMISSION ACTION Mr. Jarrell made a motion to postpone action on the petition until the Commission's February 5th meeting. The motion passed by a vote of 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission Petitioner: Request: Location: Magisterial District: Suggested Conditions: EXECUTIVE SUMMARY: STAFF REPORT. Grant Avenue Development \..: . Rezone a 0.943 acre tract from R-2, Medium Density Residential District, to C-2, General Commercial District, and obtain a Special Use Permit for a drive-in and fast food restaurant 7515 Friendship Lane Hollins 1) The development of the property shall be in substantial conformance with the site plan entitled Arby's Restaurant Plantation Road, dated June 6, 2007, prepared by LMW, P.C., with driveway access only from Friendship Lane, subject to those changes required by Roanoke County during its comprehensive site plan review. 2) All materials utilized on the exterior walls shall be of brick construction and generally conform to the Williamson Road/Hollins Vii/age Design Guidelines. 3) Any freestanding sign shall be a monument style not to exceed 7 feet in height or 10 feet in width, and shall have brick construction to match the building. The sign shall generally conform to the Williamson Road/Hollins Village Design Guidelines. 4) Off-premises signs shall be prohibited. 5) Signage placed on the building shall occupy less than five percent of the building fa({ade area. 6) The proposed structure shall not exceed more than 40 feet at the peak of the roof. 7) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, and the top of any light fixture shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox style fixtures. 8) The sides and rear of the dumpster enclosure shall be brick construction. Grant Avenue Development is requesting to rezone a 0.943 acre tract at 7515 Friendship Lane from R-2, Medium Density Residential District, to C-2, General Commercial District, and obtain a Special Use Permit for a drive-in and fast food restaurant. The C-2, General Commercial District, provides 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. The C-2 District is most appropriately found along major arterial thoroughfares which serve large segments of the county's population. Land uses permitted in this district are generally consistent with the recommendations set forth in the Core land use category of the Comprehensive Development Plan. Site development regulations are designed to ensure compatibility with adjoining land uses. The Roanoke County Comprehensive Plan designates this site as Core. The Core land use area is an area where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger-scale highway-oriented retail uses and regionally-based shopping facilities. Due to limited availability, areas designated as Core are not appropriate for tax-exempt facilities. 1 Additionally, the site falls within the area subject to the Williamson Road/Hollins Village Design Guidelines. Although these guidelines are not required for site plan approval, staff would like to see the petitioner consider some of the guidelines recommended in the report incorporated into the overall project. The use of Restaurant, Drive-in and Fast Food is allowed with a Special Use Permit within the General Commercial District. It does generally conform to the Core future land use designation. Staff suggests the following conditions for the Special Use Permit: 1) The development of the property shall be in substantial conformance with the site plan entitled Arby's Restaurant Plantation Road, dated June 6,2007, prepared by LMW, P.C., with driveway access only from Friendship Lane, subject to those changes required by Roanoke County during its comprehensive site plan review. 2) All materials utilized on the exterior walls shall be of brick construction and generally conform to the Williamson Road/Hollins Village Design Guidelines. 3) Any freestanding sign shall be a monument style not to exceed 7 feet in height or 10 feet in width, and shall have brick construction to match the building. The sign shall generally conform to the Williamson Road/Hollins Village Design Guidelines. 4) Off-premises signs shall be prohibited. 5) Signage placed on the building shall occupy less than five percent of the building fa9ade area. 6) The proposed structure shall not exceed more than 40 feet at the peak of the roof. 7) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, and the top of any light fixture shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox style fixtures. 8) The sides and rear of the dumpster enclosure shall be brick construction. 1. APPLICABLE REGULATIONS Restaurant, Drive-in and Fast Food is allowed with a Special Use Permit within the C-2,General Commercial District. The Roanoke County Zoning Ordinance defines a "Restaurant, drive-in or fast food" as an establishment primarily engaged in the preparation of food and beverages, for either take-out delivery or table service, served in disposable containers at a counter, a drive-up or drive through service facility or offers curb service. The applicable section under general standards reads as follows: 1. All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-10. These standards require this use to have a minimum of 6, 10' by 20' spaces and a 10' bypass lane around the drive through. Virginia Department of Transportation (VDOT) approval is required for all entrance permits into the proposed development. Roanoke County site development review will be required. 2. ANALYSIS OF EXISTING CONDITIONS Backqround - Currently the property is divided into three separate parcels; two are currently vacant with the third being the location of an approximately 2,900 square foot residence constructed in 1965 and one outbuilding. Current plans call for three parcels to be combined into one, and the demolition of the exiting structures in order to construct an Arby's. The Special Use Permit is being requested for the operation of an Arby's as a "restaurant, drive- 2 in and fast food" within the C-2 district. TopoqraphvlVeqetation - The property slopes steeply from its western side along Plantation before leveling off for the majority of the property. Currently on the southern side of the property is a strand of smaller deciduous trees along a ditch embankment. There are additional trees throughout the property that will be removed in the grading process. Surroundinq Neiqhborhood - The parcel to the northeast is currently zoned R-2, Medium Density Residential District. The parcel contains a single family residence. To the southeast, the parcel borders a 6.96 acre parcel zoned C2C, General Commercial District with conditions. Immediately across both Plantation Road and Friendship Lane, the parcels are also zoned either C-2 or C2C. All surrounding parcels are within the Core future land use designation. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - Grant Avenue Development proposes to construct a 3,280 square foot restaurant on the site at 7515 Friendship Lane. The building will be oriented in an east-west manner with access being off Friendship Lane. A 30' buffer yard with a 6' stockade fence and plantings is to be constructed along its eastern boundary with a R-2 zoned property. Parking requirements would be exceeded with 39 spaces provided where 21 are required. Per drive-in requirements, six stacking spaces will also be required. The property as it currently lies is below the grade of its Plantation frontage. The development calls for most of the area to be filled with the Plantation frontage only being approximately 2' below grade. On the eastern side of the property adjoining the R-2 zoned property, there is proposed a 10' tall fill slope where the buffer yard will be planted. Staff has suggested a condition of the special use permit limiting signage to be monument in style. Additionally the petitioner is responsible for acquiring all appropriate sign permits required per Section 30-93-5 of the zoning ordinance. AccesslTraffic Circulation - As proposed, the only access to the property will be from a single entrance off Friendship Lane. There will be no access to the property from Plantation Road, and the existing driveway off Plantation will be removed. VDOT is in the process of improving the Friendship/Plantation intersection in the form of wider lanes as well as the installation of a traffic light as part of the neighboring Gander Mountain development. Based on ITE Trip Generation, the highest peak hour is expected to generate 239 trips; therefore we do not anticipate this development meeting the Chapter 527threshold. Additionally, it appears from the Oppidan Retail Center TIA that the queues on the westbound approach may extend to approximately 175 feet in the PM Peak hour, which may block the proposed driveway, thus causing congestion and possible safety issues. Also, adequate horizontal and vertical sight distances should be reserved at the proposed entrance. VDOT - The proposed rezoning will increase the potential traffic generated from the site; however, the site plan as submitted does not appear to fall under the current or future thresholds for Chapter 527 requirements for a traffic impact analysis. Site distances along Friendship Lane appear to be adequate at 280 feet, but should be field verifies as part of the site plan review process. A left and right turn lane warrant analysis may be requested by VDOT during the site plan review process. The VDOT Minimum Standards of Entrances to State Highways should be adhered to where applicable, and upon review and approval of site plans, a commercial entrance permit and/or a land use permit will be required for work within the VDOT right-of-way. Fire & Rescue/Utilities - The proposed use is located 1.4 miles from the Hollins Fire Station, a water for fire protection purposes is located at an existing hydrant at the corner of Friendship Lane and Plantation Road, and will 3 require an additional inspection from the fire prevention division annually. It is noted that the only entrance will be off Friendship and that there is a proposed VDOT widening of Friendship. An entrance discussion may need to follow if widening is not done at the same time of construction of the building. Public water and sanitary sewer are available to the site. No objections from economic development for the proposed change assuming it conforms with applicable regulations and the community plan. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designates this site as Core. The Core future land use area is where high intensity urban development is encouraged. Land uses within core areas may parallel the central business districts of Roanoke, Salem and Vinton. Core areas may also be appropriate for larger-scale highway-oriented retail uses and regionally-based shopping facilities. The proposed rezoning petition does conform to the Core future land use designation. 5. STAFF CONCLUSIONS Currently designated as a Core future land use, the property is bound to the south by a parcel zoned C-2, by R-2 to the east, and is located along the Plantation Road corridor. The site of the proposed development as illustrated in the Commercial Rezoning Plan provides ample space for the project to conform with all applicable development standards. The property does have access to public waterlsewer, adequate fire prevention and a primary, arterial road. The proposed use of restaurant, drive-in or fast food is acceptable within the C-2 district with a special use permit. The proposed use does conform to the Core land use designation. Staff suggests the following conditions for the Special Use Permit. 1) The development of the property shall be in substantial conformance with the site plan entitled Arby's Restaurant Plantation Road, dated June 6,2007, prepared by LMW, P.C., with driveway access only from Friendship Lane, subject to those changes required by Roanoke County during its comprehensive site plan review. 2) All materials utilized on the exterior walls shall be of brick construction and generally conform to the Williamson Road/Hollins Village Design Guidelines. 3) Any freestanding sign shall be a monument style not to exceed 7 feet in height or 10 feet in width, and shall have brick construction to match the building. The sign shall generally conform to the Williamson Road/Hollins Village Design Guidelines. 4) Off-premises signs shall be prohibited. 5) Signage placed on the building shall occupy less than five percent of the building fa<;:ade area. 6) The proposed structure shall not exceed more than 40 feet at the peak of the roof. 7) Light poles shall be black, gray, or grayish-brown. Light fixtures shall be directed downward and inward into the site, and the top of any light fixture shall be no taller than 15 feet in height, and shall not be cobra-head or shoebox style fixtures. 8) The sides and rear of the dumpster enclosure shall be brick construction. 4 CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: 03/01-2008 Chris Patriarca PC: 01/02/2008 BOS: 01/22/2008 Application Photographs Aerial Map Land Use Map Zoning Map R-2 District Standards C-2 District Standards Use & design standards for Drive-in & Fast Food Restaurant Williamson Road/Hollins Village Design Guidelines. 5 5204 Bernard Drive POBox 29800 Roanoke, V A 240] 8-0798 (540) 772-2068 FAX (540) 776-7155 1% D ~- ,-.. -" -, ,,!, ,.-) \ ' I, ) 7 /") cO.._, ( I ".It '---" r.::- '-"' i.. L.-J \......1 County of Roanoke Community Develop Planning & Zoning Received by: "- PCfBZA dale: _ 1- ,-O~ ':J~~{I!~~~~?,;,"" -; 1- Check type of application filed (check all that apply) M Rezoning :KJ Special Use 0 Variance 0 Waiver 0 Administrative Appeal o Comp Plan (15.2-2232) Review r Applicants name/address whip Mr. Ma r k Dunn - A eo y 5Phone: Grant Avenue Development Wo~: 69 South street CeJl #: lY 1 3 Fax No.: 315/255-1559 x 22 ~1r;l?J:jr; ?r;fi1 , Owner's name/address whip Guy O. & Mary P. Plymale 7515 Friendship Lane Phone #: Work: Fax No. #: 540-265-2349 Property Location Magisterial District: Ho 11 ins ......... 7515 Friendship Lane Community Planning area: H l',ns Tax Map No.: . 5 'J.. '\-. '24 ;- . I (p 027.06-05-06 07 OR. Existing Zoning: R-2 V' ( .'1"2) '. Proposed Zoning: C- 2 , Proposed Land Use: Fast Food Resturant Does the parcel meet the minimum lot area, width, and frontage requirements of the requested 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 NO, A V ARJANCE IS REQUIRED FIRST Ifrezoning request, are conditions being proffered with this request? Yes No VariancelWaiver ofSection(s) oftbe Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to Appeal of Interpretation ofSection(s): of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check ifenclosed. APPLlCA nON WILL NOT BE ACCEPTED IF ANY OFTHESE ITEMS ARE MISSING OR INCOMPLETE. RJS/W/CP V/AA R1SfW/CP VlAA ~ Consultalion ~ 8 If2" x 11u concept plan Application Metes and bounds description Justification Water and sewer applicution I hereby certify that I am either the o\'roer of the property the WIler's agent or control orthc O\'l1er. ,.,,' .-";ijtsl~ISAlipN.OF~i'iW.z,6NINd, ~~~~tW.'tj~jn~t;g:~~~~~;~{~.~;~_~~~~~'P~A~ .~i~i~*~ji:~wiw""','~ ,"".-;" ~"'_. .", -,:~,.",.. ; :,\,_"";'~r:~=-t."~:'.i;;.!~.;, .~.,:.,.~';,~?;".".-;:.i~::~~:..~ ~::"!,:;~~,,:,,,,:),~~";~,':'-,~~:;<-~\~"'!'~;['_'r_ ,~; "/\ ~.; _''''\, ~. "_', ,'..;....-.,,' ". :-~. -., _ :~-~'1;;.--' Applicant Gr,mt AVp.mH~ Devp.l npmp.nt The Planning Commission will study rezoning, special use pennit waiver or community plan (15.2-2232) review requests to detennine the need and justification for the change in tenns 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 for C-2 Zoning designates this area for a variety of retail and service related uses. C-2 Zoning allows restaurants with the drive-thru requiring a special use permit. Please explain how the project confonns to the general 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 confonns to these general guidelines and policies. Please describe the impact(s) of the request on the property itself, the adjoining prope!1ies, 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 proposed project would increase traffic at the Friendship Lane Intersection. However, a new retail development is being constructed on the west side of Plaiitation 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 projected traffic for a developed corridor. 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 Proposed 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 13021 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 Comm. Real Estate P. O. Box 168608 Irving, IX 75016 018.18-02-05.00 No Address Commonwealth Of Virginia LEGAL DESCRIPTION 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 Proposed Zoning: C-2, with special use permit for drive-thru Owner: Guy O. and Mary P. Plymale Applicant/Contract Purchaser: Grant A venue Development 69 South Street Auburn, NY 13021 0.245 ACRE TRACT / LMW~s COMMISSION #3364 BEGINNING AT a point comer 1, an iron pin set in the southerly right of way line of 50 ft. wide Friendship Lane 01 a. 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 comer being the northeasterly comer to said 0.245 Acre Tract and the northwesterly comer 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 61017'3l"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 comer 8, an iron pin set and N13002'04"W 120.42 ft. to corner 9 (pin with VDOT Cap found); thence continuing with said line of Plantation Road N.22013'14"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. NEW 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 corner of NEW LOT A (0.529 ACRE) property of Guy O. and Mary P. Plymale acquired by Deed Book 470 Pg. 170 and the northwesterly comer to property of Alfred L. and Doris Scott Hughes (D.B. 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 corner 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 corner to property of First State Investors 3300 LLC (INSTR. #200501190); thence with the dividing line between said Plymale lands S61 017'31"W 156.00 ft. to corner 1 0 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 148.38 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 comer 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 #027.06-05-08.00), 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 S22049'21"E 30.00 ft. to comer 5, and iron pin with cap found, corner to said lands; thence continuing v.ith said dividing line S61022'39"W 246.97 ft. to comer 6, an iron pin set in the easterly right of way line of variable width Plantation Road (Va. Sec. Rte. 115); corner to said lands; thence with said right-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 corner 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 comer 10, an iron pin set at the southeasterly corner of said 0.245 ACRE TRACT, said comer also being the southwesterly comer of aforesaid NEW LOT A' thence with the. dividing line between said 0.169 ACRE TRACT and aforesaid NEW LOT A N610156.00 ft. to the point of BEGINNING and containing 0.169 Acres, more or less, together with all buildings and appurtenances there to pertaining as shown on BOUNDARY SURVEY for ARBY's RESTAURANTS prepared by Parker Design Group dated August 6,2007. 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 your application process. (Note this list is 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 Road Network Situations: . Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road (e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc) · For new phases or changes to a development where a previously submitted traffic study is more than two (2) years old and/or roadway conditions have changed significantly . When required to evaluate access issues · Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc. (i.e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.) · Development in an area where there is a known existing traffic and/or safety problem · Development would potentially negatively impact existing/planned traffic signal(s) · Substantial departure from the Community Plan · Any site that is expected to generate over one hundred (100) trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty (750) trips in an average day 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 information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department 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 andlor 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 Name of Petition Petitioner's Signature Date I C;()NCEPT PLAN ~CKLIST 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. [n 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 pel111itting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building pel111it. Site plan and building penn it 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 pel111it 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 pennit, 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 staffmay 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 J. 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 requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS k. Existing utilities (water, sewer, storm drains) and connections at the site I. 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 o. Locations of all adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. 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'" 00 u u o '" + :: z ~~ ~I ;;;0 ~o 0+ "'0 ~ VI [~ ~. .~ ~~ ," ~. ~. ~& ~J O' J 0:: ~ (.) ...J ~ 0:: ~ 0:: ll. o >- z -<: 0- :l; o u >- z w ~ ~ ~ W ~ i z -<: o a: 0- o 6SSlrn;1 'Dd'lUillllPKlleQOOY '1.II\PlW 'wd 50:0015 LOOUtl1t 'lOI., U5ltl)-:YlI '~'Smj'tl nl.ND llV.J3't1 NVCIlddO\U^I:l\6' {\SD~ro'tld\Sl3MP\\Il.W\\ Land Use _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighborhood Conservation _ Transition _ Core _ Principal Industrial Roanoke County Department of Community Development I I N 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' A _AG3 _EP _AGl AR _AV C1 .C2 ------ . C2CVOO 11 _12 ------ _PCO .:.J PRO _PTD ------ R1 R2 R3 ------ , R4 Roanoke County Department of Community Development N A 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' ARTICLE III. DISTRICT REGULATIONS Page 1 of3 SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-1. Purpose. (A) The purpose of the R-2, medium density district is to establish areas in the county within the urban service area where existing low-middle to middle density residential development (one to six (6) units per acre) is primarily located and land areas which appear generally appropriate for such development. These areas are consistent with the neighborhood conservation land use category, and where public services warrant, the development land use category as recommended in the community plan. This districtis intended to provide reasonable protection to existing single family residential neighborhoods, while accommodating a diversity of alternative housing options. These areas are designated based on access to roads, sewer and water, and schools with suitable capacity to accommodate development at the stated density. Older neighborhoods where smaller platted lot sizes exist are also included where opportunities exist for additional in-fill development. (Ord. No. 042799-11, ~ H., 4-27-99) Sec. 30-42-2. 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 * 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 - *) Two-Family Dwelling * 2. Civic Uses Community Recreation * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 3. Miscellaneous Uses Amateur Radio Tower * htto://librarv4.municode.com/newords/Doc Viewl122221111191122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 2 of3 (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. Residential Uses Home Beauty/Barber Salon * Multiple Dog Permit * Townhouse * 2. Civic Uses Adult Care Residences Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Utility Services, Major * 3. Commercial Uses Boarding House Golf Course 4. Miscellaneous Uses Outdoor Gatherings * (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. 042500-9, S II, 4-25-00; Ord. No. 072605-7, S 1,7-26-05) Sec. 30-42-3. 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. 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. http://library4.municode.com/newords/DocViewI122221111191122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 3 of3 (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. 5. The expansion of a legally established nonconforming structure into the required side or rear yard shall be permitted provided the expansion does not encroach into the required yard any greater than the existing encroachment. (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: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, S 10,6-22-93; Ord. No. 42694-12, S 8, 4-26-94) SECS. 30-43, 30-44. RESERVED. http://library4.municode.comlnewords/DocView/122221111191122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 1 of 5 SEC. 30-54. C-2 GENERAL COMMERCIAL DISTRICT. Sec. 30-54-1. Purpose. (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 permits 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 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 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 * http://library4.municode.com/newords/Doc View/12222/1/119/122 12/2012007 ARTICLE III. DISTRICT REGULATIONS Page 2 of 5 Utility Services, Minor 3. Office Uses Financial Institutions * General Office Medical Office Laboratories 4. Commercial Uses Agricultural Services * Antique Shops Automobile Dealership, New * Automobile Repair Services, Minor * Automobile Rental/Leasing 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 Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services * Consumer Repair Services Funeral Services Garden Center * Gasoline Station * Hospital Hotel/Motel/Motor Lodge Kennel, Commercial * Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family http://library4.municode.comfnewords/DocViewI12222111119/122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 3 of 5 Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations * 6. Miscellaneous Uses Amateur Radio Tower * Parking Facility * (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. Civic Uses Adult Care Residences Halfway House Life Care Facility Nursing Home Religious Assembly Utility Services, Major * 2. Commercial Uses Adult Business * 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 Truck Stop * 3. Industrial Uses Custom Manufacturing * http://library4,municode.com/newordslDoc View/12222/1/119/122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 4 of 5 Landfill, Rubble * Transportation Terminal 4. Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. 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. 102803-15, S 2,10-28-03; Ord. No. 102505-7, S 2,10-25-05) 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 front 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 of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 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-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: actual height of principal structure. (D)Maximum coverage. http://library4.municode .com/newords/Doc View /1222211/119/122 12/2012007 ARTICLE III. DISTRICT REGULATIONS Page 5 of5 1. Building coverage: 50 percent of the total lot area. 2. Lot coverage: 90 percent of the total lot area. (Ord. No. 62293-12, 9 10, 6-22-93) http://library4.municode.com/newords/DocView/12222/11l191l22 12/20/2007 ARTICLE IV. USE AND DESIGN STANDARDS Page 1 of 1 Sec. 30-85-24. Restaurant, Drive-In or Fast Food. (A) General standards: 1. All drive-through windows shall comply with the standards for drive-through facilities contained in Section 30-91-10. 2. A special use permit shall not be required for any fast food restaurant that is located within a shopping center (excluding outparcels) and which does not propose drive-in or curb service. http://library4.municode.com/newordslDoc View/12222/1I1191123 12/20/2007 , ; WILLIAMSON ROAD HOLLINS' VILLAGE DESIGN GUIDELINES ll. ARCIDTECTURAL DESIGN GUIDELINES Principles Guiding The Architecture of Hollins The architectural design should reflect the Village's location at the north end of Roanoke County at the southern terminus of villages in Virginia's Great Valley. Architectural styles found in historic photographs of Hollins during its spring days and early college days provide inspiration for the design of buildings. The traditional main street found in many Great Valley towns provides inspiration for the facades of the Village. Storefronts that show a sense of entry, easy to read heirarchical orders of materials and elements that reflect the simple design of commercial buildings found in Great Valley villages, such as Lexington or Staunton. Williamson Road - the Main Street of Hollins - provides the organizing element to organize buildings. The pedestrian scale of buildings is sought in renovation. Once the visitor parks in the tree-shaded lots at the rear of the buildings, he/she can enjoy walking to the buildings of Hollins because of the sense of detail built into the buildings. Dormers, columns, and the elements of traditional style accommodate the pedestrian. There are two distinct building types in the Hollins commercial area: those which were intended and built for commercial use, and those which were originally built as residences and later converted to commercial use. The latter category is called "conversion" architecture, and is addressed separately. Revised 7-15-96 G-3 , '\ WILLIAMSON ROAD HOLLINS. VILLAGE DESIGN GUIDELINES Commercial Buildings - Architectural Style and Elements These guidelines are for buildings in the Commercial area of the Design district, They serve to guide new building designs as well as renovations of existing structures. They are not meant to be all-inclusive, and approval of the Committee should be based on quality of proposed construction as well as materials used. Materials and Architectural Considerations 1. Building Elements and relationships: 1. Porticos, or front entry areas which clearly emphasize and delineate the front door, should feature raised pediments, columns and/or other elements to guide pedestrians to the front door. 2. The front facade should face Williamson Road.. 3. Side facades should be de-emphasized, except (1) where they front another major street, such as Plantation or Peters Creek Roads and/or (2) where entrances are on the side facades. Special interest is to be given where necessary. . 'I I ('ji :;"'.1 ! 1" . . , -:< *7~ :;y. .......:; 7P'r ..:.,., / .y- ,."- /.. 'i' A' ff ,:~: 3-5)<, x 4, Signage should occupy less than five percent (5%) of the facade area, and should not interfere with the entrance portico element. Window openings should be based on the modules of ante-bellum precedent in the area (width to height in a 2-3 to 2-5 module). Rounded-top windows should be placed to emphasize special character areas. I ----, 5. 6. Roofs may be flat, if hidden from Williamson Road by entablatures or parapets which provide adequate screening for equipment and rooftops, ~ OJ LJJ 7. Gable roofs, hip roofs, are encouraged, and multiple plan roofs, breaking the large mass of one gable roof into several gable roofs of different sizes. ~^1-l1D"'~ 6o'r&~ tilrPEP 8. Detailed massing elements of ante-bellum spring-oriented commercial buildings are encouraged, such as forms to represent chimneys, porches, roof overhangs. Revised 7-15-96 G-4 WILLIAMSON ROAD HOLLINS. VILLAGE DESIGN GUIDELINES 2. Acceptable materials for exterior walls: 1. Brick, to match older homes in the area and the buildings of Hollins College. Webster Brick Roanoke plant Stratford Flashed Range, or similar color brick, Type FBS, Grade SW, standard size 2.. Painted brick, or whitewashed brick.. 3.. Brick that is grayish-brown, gray, reddish-brown and other dark or grayish earth colors. All of these should have buff or gray mortars. 4. Native limestone with gray or dark mortar. 5. Siding that is white, off-white, or natural pastel colors. In detail areas (less than 10% of total surface) synthetic or simulated composite building products that approximate the wood patterns (vinyl). 6. In detail areas composing less than 25% of the surfacy and only above 6' from the ground, stucco or synthetic stucco utilizing the above color schemes. 7.. Glass that is clear or lightly tinted green or smoke, to cover between 10% and 25% of the facade area.. 8. Details of painted wood, wood built-up columns, wood rails and banisters, painted white, or a complementary color from the detail palette. 9. Dark anodized aluminum or dark steel details where out of pedestrian view. Unacceptable materials: 1. Brick that is bright red, orangish-red, pink, light red, white or other colors which would be visually out of character with traditional local architecture, 2. Siding that is bright primary colors, dark colors, pink, bright silver, or other colors that would draw attention, 3. White mortar, 4. Exposed concrete block, exposed concrete or parged cement foundations, 5. Reflective glass, one-way glass, or dark-tinted glass. 6. Vertical siding 3. Building details - the following guidelines are encouraged:. 1. Awnings should be from the selected color palette. Revised 7-15-96 G-5 T-3 PETITIONER: CASE NUMBER: Matthew A. Lester 1-1/2008 Planning Commission Hearing Date: 1/02/2008 Board of Supervisors Hearing Date: 1/22/2008 A. REQUEST 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. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Ms. Rebecca Mahoney presented the petition. Mr. Matthew Lester reviewed his application. Mr. Radford inquired who would occupy the accessory apartment. Mr. Lester indicated his father-in-law would occupy the second floor of the proposed garage. Ms. Hooker questioned the placement of the garage on his property. Mr. Lester verified he owns two lots; however the garage will be placed on the same parcel as the primary dwelling. Mr. Jarrell and Mr. McNeil inquired about the layout of the accessory apartment. Mr. Lester discussed the proposed layout with the commissioners. The Commission agreed the proposed accessory apartment would not create any negative impacts. No further comments were made. D. CONDITIONS None. E. COMMISSION ACTION Mr. Radford made a motion to recommend approval of the special use permit. The motion passed by a vote of 5-0. F. DISSENTING PERSPECTIVE None G. ATTACHMENTS: _ Concept Plan _ Staff Report _ Vicinity Map Other Philip Thompson, Secretary Roanoke County Planning Commission Petitioner: Matthew A. Lester Request: Special Use Permit for an accessory apartment Location: 6678 Wellington Road Magisterial District: Windsor Hills Suggested None Conditions: EXECUTIVE SUMMARY: This is a request by Matthew A. Lester to obtain a Special Use Permit to construct an accessory apartment 988 square feet in size above a proposed attached garage. The property is 4.36 acres in size and zoned R-1 Low Density Residential district. The proposed layout of the apartment would contain two bedrooms, a walk-in closet, one bathroom, a living area and one kitchen. The site is designated Rural Village in the 2005 Community Plan. 1." APPLICABLE REGULATIONS Section 30-29-2 of the Roanoke County Zoning Ordinance defines an accessory apartment as a second dwelling unit within a detached single family dwelling which is clearly incidental and subordinate to the main dwelling. An accessory apartment requires the approval of a special use permit from Roanoke County if created in an R-1 zoning district. Use and Design Guidelines for an accessory apartment include the following: 1. An accessory apartment shall only be considered as an accessory use to a detached single family residence and no accessory apartment shall be located in any structure other than the principal structure on the lot. 2. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet. 3. Only one accessory apartment shall be allowed on anyone lot or parcel, and the owner of the property shall reside on the premises. 4. Exterior entrances to the apartment shall be located so as to appear as a single family dwelling. 5. Minimum floor area of the apartment: Three hundred (300) square feet. 6. One parking space shall be required in addition to required parking for the principal dwelling. 7. Health Department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment. The intent of accessory apartments is to afford an opportunity for the development of small rental units designed to meet the special housing needs of single persons, persons with fixed or limited income, and relatives of families who live or desire to live the county. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and/or family structure, w~lile providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance. 1 2. ANALYSIS OF EXISTING CONDITIONS Backqround - The subject property is zoned R-1 Low Density Residential. Mr. and Ms. Lester own the property located at 6678 Wellington Road. The primary dwelling was built in 1984. On October 27, 2007, a building permit (B-0702700) was issued to construct an attached garage to the existing primary dwelling. The garage will be attached to the primary dwelling by a breezeway. With the issuance of a special use permit, the accessory apartment will be constructed above the attached garage. Mr. Lester's father- in-law will occupy the apartment. TOPoQraphvNeqetation - The site slopes down slightly from the back of the principle structure and rises slightly at the back of the lot and has several trees located on it. In addition, the site slopes slightly down from the front of the principal structure. Presently, there are several mature trees as well as grass on the property. Surroundinq Neiqhborhood - The property is located on Wellington Road, which is located on a private road near the end of Corntassel Road. The surrounding adjoining properties to the north, east, south, and west are zoned R-1, Low Density Residential. In the immediate vicinity there are a variety of home sizes on lots ranging from less than 12,000 square feet to approximately 20,000 square feet. Most houses in the Corntassel Road area are 7 - 29 years old. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Lavout/Architecture -The proposed accessory apartment will 988 square feet in size located above the attached garage. Included in this layout will be two bedrooms, one bathroom, a walk-in closet, living area, and kitchen area. AccesslTraffic Circulation - Access and traffic will not be negatively impacted with the addition of an accessory apartment. Economic Development - There are no objections to the proposed request. Fire & Rescue/Utilities - There are no issues to the proposed request. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The property is designated as Rural Village in the 2005 Community Plan. Rural Village is an area where limited development activity has historically occurred and where suburban or urban development patterns are discouraged. There rural community and farming areas are generally in between the intense suburban development patterns already established in the County and the designated Conservation and Rural Preserve areas. 5. STAFF CONCLUSIONS This is a request to obtain a special use permit for an accessory apartment. Mr. Lester's request complies with all use and design standards required by the zoning ordinance. The proposed use would not negatively impact utilities, schools, parks, local traffic, or the existing site. The use would also be compatible with the existing and future uses of the Rural Village designation in the 2005 Community Plan. 2 CASE NUMBER: PREPARED BY: HEARING DATES: ATTACHMENTS: 1-112008 Rebecca M. Mahoney PC: 1/2/08 BOS: 1/22/08 Application Aerial Map Land Use Map Zoning Map R 1 Low Density Residential District Standards Accessory Apartment Use and Design Standards Photos 3 pz- 070:tScrr.tJ 5204 Bernard Drive POBox 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 776-7155 07 County of Roanoke Community DeveJopment Planning & Zoning For Staff Use Onl Placards issued: Case Number ALL APPLICANTS Check type of application filed (check all that apply) o Rezoning ~peciaJ Use 0 Variance 0 Waiver 0 Administrative Appeal 0 Comp Plan (15.2-2232) Review Applicants name/address wlzip M~+thew A. Leshr "(.,-18 . We: Ilil'\qfvl'\ Road. Rc",..,.o e. v, ;J.lf 0 16 Phone: Work: Cell #: Fax No.: 5Yo- CfSCf- 5b~lo 540- IfBd.-O~S~ 5" o~ 53-=1- D~l.f St.fo - q ~ q - 5 Go 3 r Owner's name/addJre;s wlziE\ \ \. l c. ,) './ i" l >? Si ':- (e~ M F\ r: f-: fC.v I' Ie. ..., .' .... . 5.:t '" e '" ? c:l b 0\1 e. Phone #: Work: Fax No. #: Property Location Magisterial District: UJI"clSov '..1.. ( I~':; (P(Pt~ We II i ~~ hY\ ~oa.. J (ZOd....O(C.e V IT ~lf D I ro Community Planning area: Tax Map No.: 95. 0 ~ _ &> Existing Zoning: R:L Size of parcel(s): Acres: & ~ . ?;.0; Existing Land Use: S"n Ie Fa.I'i'I~ I Pl",,,,,,;r-.. REZONING, SPECIAL USE PERMIT, WAIVER AND COMP PLAN (15.2-2232) REVIEW APPLICANTS (RlS/W/CP) Proposed Zoning: ((J-/ Spec.ic=:\.1 Us.e PerM;+ Proposed Land Use: A cce ss",. fJ. ~ r +~ e....+ Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes V- No IF NO, A VARIANCE IS REQUIRED FI~ Does the parcel meet the minimum criteria for the requested Use Type?~ No IF NO, A VARIANCE IS REQUIRED FIRST Jfrezoning request, are conditions being proffered with this request? Yes No VARIANCE, WAIVER AND ADMINISTRATIVE APPEAL APPLICANTS (V/W/AA) Variance/Waiver of Section(s) tv/It . of the Roanoke County Zoning Ordinance in order to: Appeal of Zoning Administrator's decision to ~ /11 Appeal ofInterpretation of Section(s): N / It of the Roanoke County Zoning Ordinance Appeal ofInterpretation of Zoning Map to /II. Is the application complete? Please check ifenclosed. APPLICA nON WILL NOT BE ACCEPTED IF ANY OF THESE JTEMS ARE MISSING OR INCOMPLETE. RfS/W fCP V f AA RfS/W fCP V f AA RfS/W fCP V f AA ~ Consultation n 8 1/2" xl I" concept plan ~ AppJicationfee Application tJ 't Metes and bounds description f-14 Proffers, if applicable Justification Water and sewer application Adjoining property owners I hereby certify that I am either the owner Ofthe?Ctro or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. . ~ 4 --/ - - ~ . ~-. Owner's Signature 2 JUSTJFICA nON FOR REZONING, SPECIAL USE PERMIT WAIVER OR COMP PLAN (15.2-2232) REVIEW REQUESTS Applicant M~tfhew 11. Le. s fer The Planning Commission will study rezoning, special use pennit waiver or community plan (15.2-2232) review requests to detennine the need and justification for the change in tenns 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. th.iS a.cC~SSory Jo..ro.3e lJ S e tJ f- rn Y hct.....J ~ Cc, p p e d Co r1 h Y't e d -Iv 0.. VJ h.e.e I w',\\ be. de.c;;;jl-'\ed.-to needS br a.. 5;V1~{e qpo..,+~ eV\+ -FOl-H"er il'\- fa"" Lv ; II be -h>r- '+he. 'f-t-....tA 1- I 5 ~; r. /h.i>:J a. ra c:J e QJPa(-tI\-t~~f fV\ ee +- h.~ ssp e.C.1 ~ I no us j k 9 h Cl Y1d. ., Ca. p p e d. p e.r S 0 '1 Please explain how the project confonns to the general guidelines and policies contained in the Roanoke County Community Plan. T/i;s a,cc.e..SSor V apa.r+"""'-e:t'"I.+ I-J~l\ be. IDCctt-ea. i r1 Ol r\ q+to..c.hecl ~o.('Ct.5e. My Jo+ Sice. is ~rea.+-e.r ~4 J'"\ '3 C\.cres, cAV\d ~+ IN~ Il be {Dco.t-ed IVhe"-e 'It Low-.pJies wi#.. C\ 1/ Se+ha.c.k re'luireJone.....+S. {he. p"-iY\.L-;r~( dwellll'lj i~ ~5"poofL ft,...e aCce~) 0 r V qp~"-f"""'e'1-f- is J reor.f-er ~C( Y\. 30 D f+ 2 a. ",d kss ~ ~ 000 ++ ~ Me qpct.r~l'1.-r-- Iv; 1/ be ~e... 0 h 1'1 C1cce..$Sory a. pa(~~,",r JpcA+-ed 01"\. '-fh.~ prcper-fy cvAert'!..r- r!s;d e. I+ wi/( ha. ve ctVl ex +e(' i br e-o+rtA.#"\ c..e ~I~ L c:t r CI. 9 e be low. -rl e A. ~&:i!ft... d t:.pt:trfc c "'+ k r cI. r 6 v d 'ft.... ~ eel! ... '0 r r+i+I. f' ",T. f n. Please describe the impact(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. 0e profDsed j 1')'\ P'" G + aJ' 'I 0 f- oc. c c.. e. s 6 0 r'f a po. rtw-.e r\ +- W 0 v I d nOT %e c;ubjee...-+s I;sted a.bove. 3 October 26, 2007 Department of Community Development 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 permit 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 the new garage to, does not have 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 Permit for this accessory apartment that will allow my family to accommodate a handicapped family member. Regards, 7!Jl~ 4. ~ ~atthew A. 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"'..... i5uw :J:~~ ~~o ~5~ 13z Adioining 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 Roanoke, VA 24018 I 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 future 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 ofa building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions ar~ proffered and accepted in a rezoning or imposed on a special use permit 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 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 of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS V a. Applicant name and name of development /' b. Date, scale and north arrow -L. c. ./ d. /e. ~f. ~g. Vh. --.:/' . _1. ~. Lot size in acres or square feet and dimensions Location, names of owners and Roanoke County tax map numbers of adjoining properties Physical features such as ground cover, natural watercourses, floodplain, etc. The zoning and land use of all adjacent 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 information requiredfor REZONING and SPECIAL USE PERMIT APPLICANTS /k. VI. V"m. --- n. !!It o. t!f!t p. t$1 q. Existing utilities (water, sewer, stonn drains) and connections at the site Any driveways, entrances/exits, curb openings and crossovers Topography map in a suitable scale and contour intervals Approximate street grades and site distances at intersections Locations of all adjacent fire hydrants Any proffered conditions at the site and how they are addressed If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. 'fliIatxi/N A. ~ Signature of applicant ID)2~/tJ-1 Date 6 Community Development Planning & Zoning Division NOTICE TO ApPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION ApPLICA TION 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 information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff and/or an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public hearing then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to the Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street Waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department 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 Mcd-~ew A. LeS+er Name of Petition YU~~ fl. ~ Petitioner's Signature /Olk~ /01- Date \D /lq{61 ~\"~j StJ ~tJ\; \1U ~ijW~~\ v/',J\,,\~~e ~ 9011' '''y_. ~~\.i""tr- t> ~" tk ~rot.tl.l o~ 155 vt\0'1 C\ S(j~ \il t-I<\I,\ +~ q~.....\,..,,\, ill \ '\, fs o,"vCt"^- ~V\t ~ u~Vlr~ft\lr\\- CCA^^O," ~ cornntQ..,~ lvl~hov\ ~ ~ T\t\O'\~c- '( tlQ I'S)v~VL- ot- ~ 50 f -4-- tt.- Otf~/"~fV'\+' f~~~Q"V_~ k V t--1o !Iq(n f\. . , .'~ ", \ I " , k' , . : f I ~ '. \ .. \ '.J ..', "\ ,', ....... \. 1 \ 'I:' \ \ ; , \/) \:, J ".I 1 .', '.... L ... . . '. '\ . I ../ , ... 1 I. '\ i., \ ", ('\ l\' ,. '. : i \ ....._ ' - lfi .,.. I ,.... '. -' \./ f . "!'\, ~...{., ~ ~ , --'-I (t\\._).~ t "'; I ~ ." ,--,',~ -JJ,.:,,;. ~: I I I idaH. t:h!:! Hih!i~ :il:!j! 1..' ':I ~I" t.l...t..,! -i'IIH.1 l~i';'i> !;~~fin~ i!~!!h~1 ..,~.... c _ i1.. It["ihJ hHpj ~ f ~;!!Ulil ;;!iii:1 t l .j:iill:l' h!llhi . g zf.jii!j; H!;;l;~ i :ti3~i!i~ i:tiili! ~ .:~.,~~!II~ tllU~Jt= t !~, "Ii-l fliJH! $ t!!;i !~t l ~";f~r J HUH!. Hffljr ! ,!- ~III~; u ~ ~ " 00 _." ")~~.:g ~ a g~ e ~ ~ ~ ~ ~~ . . gso> 1i-~ &~~e'" '" . Ii. Ii ! - ~ z~~ 4-' " OJ ~ CD a Cl)o u..o I..t1 ('I) ....-l U) LO co N N :J OJ 0 ..c LO .- U C LO ....-l l'- III OJ Pi co 0 u (/) ""0 a:: c o ....... C') C .- - - Q) $ CO I"- <D <D f".- a a N ~ OJ .0 E OJ u OJ (:) a N . . OJ 4-' co (:) _ Conservation _ Rural Preserve _ Rural Village Village Center Development Neighborhood Conservation _ Transition _Core _ Principal Industrial Roanoke County Department of Community Development N A Applicants Name: Matthew A Lester Existing Zoning: R1 Proposed Zoning: R1S Tax Map Number: 85.02-01-36 Magisterial District: Windsor Hills Area: 4.36 Acres 2 November, 2007 Scale: 1" = 300' ZONING \ .AG3 .EP .AG1 AR .AV C1 .C2 . C2CVOD 11 .12 .PCD .PRD .PTD R1 R2 .' I R3 ~R4 Roanoke County Department of Community Development N A Applicants Name: Matthew A Lester Existing Zoning: R1 Proposed Zoning: R1S Tax Map Number: 85.02-01-36 Magisterial District: Windsor Hills Area: 4.36 Acres 2 November, 2007 Scale: 1" = 300' 1 I ARTICLE III. DISTRICT REGULATIONS Page 1 of 3 SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the community plan. In addition, where surrounding development and the level of public services warrant,these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, ~ 1f., 4-27-99) Sec. 30-41-2. 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 Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Residential Human Care Facility Single-Family Dwelling, Detached (For Zero Lot line Option - *) Single-Family Dwelling, Attached * Single-Family Dwelling, Attached and Detached (Cluster Subdivision Option - *) 2. Civic Uses Community Recreation * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 3. 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 http://library4.municode.com/newords/Doc View/12222/1/119/122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 2 of3 and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private * 2. Residential Uses Accessory Apartment * Alternative Discharging Sewage System * Home Beauty/Barber Salon * Multiple Dog Permit * 3. Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Religious Assembly * Utility Services, Major * 3.5. Commercial Uses Bed and Breakfast * 4. Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, ~ II, 4-27-93; Ord. No. 62293-12, ~~ 3,8,6-22-93; Ord. No. 82493-8, ~ 2,8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11,32,4-27-99; Ord. No. 042500-9, 3 11,4-25-00; Ord. No. 072605-7, 3 1, 7-26-05) Sec. 30-41-3. 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. http://library4.municode.comlnewords/DocViewI1222211/1191122 12/20/2007 ARTICLE III. DISTRICT REGULATIONS Page 3 of3 b. Frontage: 60 feet on a publicly owned and maintained street. (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. 5. The expansion of a legally established nonconforming structure into the required side or rear yard shall be permitted provided the expansion does not encroach into the required yard any greater than the existing encroachment. (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: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, ~ 10,6-22-93; Ord. No. 42694-12, ~ 8, 4-26-94) http://library4.municode.comJnewordslDocView/12222/1/119/122 12/20/2007 ARTICLE IV. USE AND DESIGN STANDARDS Page 1 of 1 Sec. 30-82-1. Accessory Apartments. (A) Intent. Accessory apartments afford an opportunity for the development of small rental units designed to meet the special housing needs of single persons, persons with fixed or limited income, and relatives of families who live or desire to live in the county. Accessory apartments provide a degree of flexibility for home owners with changing economic conditions and/or family structure, while providing a reasonable degree of protection for existing property values. In addition, these provisions are provided to formally recognize previously established apartments and provide for improved safety and physical appearance. (8) General standards: 1. An accessory apartment shall only be considered as an accessory use to a detached single family residence and no accessory apartment shall be located in any structure other than the principal structure on the lot, except as otherwise permitted in subsection (C) below. 2. Maximum floor area: Upon completion of the construction, the accessory apartment shall not contain more than fifty (50) percent of the finished floor area of the principal dwelling unit located on the same lot, but in no case shall the accessory apartment exceed 1,000 square feet. 3. Only one accessory apartment shall be allowed on anyone lot or parcel, and the owner of the property shall reside on the premises. 4. Exterior entrances to the apartment shall be located so as to appear as a single family dwelling. 5. Minimum floor area of the apartment: Three hundred (300) square feet. 6. One parking space shall be required in addition to required parking for the principal dwelling. 7. Health Department approval of sewage disposal shall be submitted prior to issuance of a building permit for an accessory apartment. (C) Additional standards in the AG-3 and AG-1 districts: 1. An accessory apartment may be permitted in a building other than the principal building provided: a. The parcel contains a minimum of three (3) acres. b. The building in which it is located complies with all setback requirements for a principal building. (D) General standards in the C-1 district, independent of the general standards above: 1. The accessory apartment shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2. The civic, office or commercial use type must occupy at least fifty (50) percent of the gross floor area of the structure. (Ord. No. 42694-12, ~ 12, 4-26-94) http://library4.municode.comlnewords/DocView/122221l1l191l23 12/20/2007 ......~; . ~ \ \' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JANUARY 22,2008 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CONSTRUCT AN ACCESSORY APARTMENT ON 4.36 ACRES LOCATED AT 6678 WELLINGTON ROAD (TAX MAP NO. 85.02-1-36) WINDSOR HILLS MAGISTERIAL DISTRICT, UPON THE PETITION OF MATTHEW A. LESTER WHEREAS, Matthew A. Lester has filed a petition for a special use permit to construct an accessory apartment to be located at 6678 Wellington Road (Tax Map No. 85.02-1-36) in the Windsor Hills Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on January 2, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on December 18, 2007; the second reading and public hearing on this matter was held on January 22, 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Matthew A. Lester to construct an accessory apartment to be located at 6678 Wellington 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. 1 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2