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Home My WebLink About4/22/2008 - Adopted Board RecordsACTIGN NO. A-o422as-~ ITEM NO. E-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS GF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 22, 2008 AGENDA ITEM: Request to adopt the Roanoke County School budget for fiscal year 2008-2009 SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: "fhe Roanoke County School Board has submitted the attached budget for the 2448-09 fiscal year. The School Board approved this budget at their meeting on March 20, 2048, and in accordancewith state law, has nowsubrrMitted itfor Board of Supervisors approval. Jerry Canada (Chairman of the Roanoke County School Board), Dr. Lorraine Lange (Superintendent of Schools), and Penny Hodge (Assistant Superintendent of Finance) will attend the Board of Supervisors meeting to present the school budget. STAFF RECOMMENDATION: Staff recommends approving and adopting the attached school board budget for the 2008- 2009 ~riscal year. VOTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Dr. Lorraine Lange, School Superintendent Penny Hodge, Assistant Superintendent of Budget & Finance Brenda Chastain, Clerk, School Board Diane Hyatt, Chief Financial officer Rebecca Owens, Director, Finance ACTION N0. A-042208-2 ITEM N0. E-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 22, 2008 AGENDA ITEM: Request to approve fiscal year 2008-2009 Roanoke Valley Television (RVTV) budget SUBMITTED BY: Elaine A. Bays Cable Access Director APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Roanoke County, the City of Roanoke, and the Town of Vinton jointly operate Roanoke Valley Television (RVTV, Channel 3). The initial equipment and facility for the television studio were funded through a capital grant from Cox Communications. The station is located at the Jefferson Center, and currently employs five full time staff members. The staff produces original video productions, monthly television shows, and covers live government meetings for the local governments and their school systems. Programming is cablecaston CoxCommunications,Channel 3 and Comcast, Channel3 intheWestCounty area. RVTV is governed by the Roanoke Valley Regional Cable Television Committee, which includes representatives from the City, the County, and the Town. The operational budget for RVTVis provided by the three governments, based on the proportion of Coxcustomers located in each jurisdiction. Roanoke County's share ofthe cable budget is47%which is a 4% increase (43%}from the previous year. Cable Television Staff is carried on the County's payroll and benefits system and will receive the same salary increase as County employees. During 2007-2008, Roanoke Valley Televisionproduced atotal of 113Video Productions for the three localities and their school systems. RVTV produced the following for the County: (28) Half HourTelevision Shows, (26) OriginalVideo Productions, and RVTV covered (23) Live Board Meetings. A few examples of RVTV productions include: Multi- Gen Rec. Center, Roanoke County InformationalVideo, and Environmental Training. (An entire list of productions is included the Budget Packet}. RVTV monthly television shows include: "Roanoke County Today," which highlights local government issues and events, and "Accent Excellence," for the Roanoke County School System. RVTV also produces two quarterly TV shows, "Roanoke County Business Partners," & "REConnection." The approximate rate for video production in the private sector is $1,500 per finished minute. Roanoke Valley Television produced 945 Minutes (15 Hours & 45 Minutes) of Original Programming & Television Shows forthe County. FISCAL IMPACT: The total RVTV budget request is $353,767 of which Roanoke County's share is 47%, or $166,270. This is a $20,194 increase from last year's budget. The budget amount reflects the increase of subscribers from 43% to 47%. The increase in the entire budget amount excluding Personal Services (VRS, Health Insurance, Salaries etc.) is $2,759. The total Virginia Communications Sales and Use Tax Revenue paid by Cox Communications to Roanoke County last year was $908,846. ALTERNATIVES: Alternative 1: Adopt the FY2008-2009 RVTV Operating Budget. Alternative 2: Do not adopt the FY2008-2009 RVTV Operating Budget. STAFF RECOMMENDATION: The Roanoke Valley Regional Cable Television Committee recommends that the Board adopt Alternative 1, and approve the FY2008-2009 RVTV Operating Budget. VOTE: SupervisorAltizer motion to approve staff recommendation Motion Approved 2 Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Elaine Bays, Director, RVTV Rebecca Owens, Director, Finance Stephanie Moon, Roanoke Clerk of Council Darleen Bailey, Vinton Clerk of Council 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS GF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 22, 2008 RESOLUTION 042205-3 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY 2008-2009, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section ~7.~a~ of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget forthe forthcoming fiscal yearto the Board of Supervisors of the County and City Co~~ncil of the City; and WHEREAS, by report dated March 26, 2008, a copy of which is an file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2008-2009 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2008-2009 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 26, 2008, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Adr~iinistrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any doci~imentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Flora to adapt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~ Wanda G. Riley, CPS Clerk to the Board c: Jacqueline Shuck, Executive Director, Roanoke Regional Airport Diane D. Hyatt, Chief Financial officer Paul M. Mahoney, County Attorney Stephanie Moon, Clerk, Roanoke City Council ATA REGULAR MEETING OF THE BOARD OF SUPERVISGRS OF ROANOKE COUNTY, VIRGINIA, HELD AT "fHE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 22, 2008 RESOLUTION 442208-4 SUPPORTING THE VIRGINIA RETIREMENT SYSTEM SELEGI'IONS APPROVED BY THE WESTERN VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, the County of Roanoke, Virginia is a member of the Western Virginia Regional Jail Authority; and WHEREAS, the Western Virginia Regional Jail Authority recently passed resolutions to ~a} join the Virginia Retirement System, including group life insurance and the Section 138 coverage, fib} provide the optional increased retirement multiplier for Section 138 covered employees, and (c) the optional health insurance credit (for up to $45/month benefit); and WHEREAS, Virginia law requires the members of an authority to adopt a resolution concurring with and supporting an authority's adoption of resolutions. NOW, THEREFORE, be it resolved by the Board of Supervisors of the County of Roanoke, Virginia, that the Board of Supervisors concurs with and supports the adoption by the Western Virginia Regional Jail Authority of all three resolutions, namely the resolution to join VRS for basic coverage, Section 138 coverage, and group and life insurance; the resolution to provide op~kional increased retirement multiplier of 1.85 percent for Section 138 covered employees; and the resolution to provide optional health insurance credit. This resolution shall be effective from and after the date of its adoption. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: Gv~.~.~- Wanda G. Riley, CPS Clerk to the Board c: Diane Hyatt, Chief Financial Officer Sheriff Gerald Holt, Chairman, Western Virginia Regional Jail Authority Charles Poff, Jr., Superintendent, Western Virginia Regional Jail CERTIFICATE I, the undersigned Clerk of the Board of Supervisors of Roanoke County, Virginia, certify that the foregoing is a true and correct copy of the resolution passed at a lawfully organized meeting of the County of Roanoke, Virginia, held on April 22, 2008. Given under my hand and seal of the County of Roanoke this 22~d day of April 2008. Deputy Clerk, Board of Supervisors Roanoke County, Virginia AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, Zoos RESOLUTION 042208-5 INITIATING AN AMENDMENT TO SECTION 30-91-2, GENERAL REGULATIONS FOR PARKING, GF THE ROANOKE COUNTY ZONING ORDINANCE TO MODIFY PROVISIONS RELATING TO PARKING OF RECREATIONAL VEHICLES, BOATS, AND UTILITY TRAILERS ON CORNER LOTS WHEREAS, Section 3a-14 of the Roanoke County Code and Section 15.2-22$6 of the Code of Virginia provide that whenever the public necessity, convenience, general welfare, or good zoning practice requires, an amendment to the zoning regulations or district maps may be ini~riated by resolution of the governing body; and WHEREAS, the Board requests this amendment in order to address concerns with respect to the parking of recreational vehicles, boats and utility trailers on corner lots, and to initiate by resolu#ion the procedures to amend these sections of the Roanoke County Zoning Ordinance. NOW THEREFORE, BE IT RESOLVED, By the Board of Supervisors of Roanoke County, Virginia: 1. That an amendment to Section 30-91-2, "General Regulations for Parking", of the Roanoke County Zoning Ordinance is hereby initiated in order to allow for the parking of recreational vehicles, boats and utility trailers within the front and side yard setbacks of corner lots. 2. That this amendment be submitted to the Planning Commission for its review and recommendation, which shall be forwarded to the governing body. Further this amendment shall be scheduled for public hearings before the Planning Con~imission and Board of Supervisors at ~khe earliest practicable dates consistent with public notices as required by law. 2. "that the public necessity, convenience, general welfare, or good zoning practice requires this amendment. On mo~kion of Supervisor Church to adopt ~khe resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: , Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development 2 ACTION N0. A-042208-6 ITEM NO. E-6 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 22, 2008 AGENDA ITEM: Request by the Library for $13,000 in matching funds to qualify for a Gates Foundation Online Opportunity Grant SUBMIT'I•ED BY: Diana L. Rasapepe Director of Library Services APPRGVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: "fhe Bill and Melinda Gates Foundation has notified the Library that'the Bent Mountain and Mt. Pleasant Branch libraries are each eligible to receive an Online Opportunity Grantto purchase computers and other peripheral equipment. Eligibility was determined by the number of persons living in poverty within the library's service area, the age of exis~l:ing computer equipment, and the service level offered bythe branch. None of the otherfour libraries in the system met the criteria. The grant will be distributed in two parts and requires a local commitment to provide matching funds of 25°/° ($5,2oD) in the first round and 50% x$1,800} in the second, for a total of $13,000. The Library must also agree to conduct periodic online equipment surveys and send three staff members to a regional training workshop. In exchange, the Gates Foundation would provide a grant of $23,400 for equipment, but would also defray any costs associated with conducting the surveys and for staff attendance at the training sessions. "f he Gates Foundation has awarded two previous grants that resulted in signif cant benefits to ~khe citizens of Roanoke County, including access to excellent computer equipment, updated software, and sophisticated online databases. Participation in this third raund offers the two smallest branch libraries in the system an opportunity for similar technological improvements. FISCAL IMPACT: An appropriation of $13,400 in matching funds is needed from the Board of Supervisors' contingency fund. ALTERNATIVES: 1. Appropriate $13,400 from the Board of Supervisors' contingencyfund sothe Library can participate in the grant program. 2. Decline to provide the matching funds. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate $13,000 in matching funds from the Board's contingency fund. VOTE: Supervisor McNamara motion to approve staff recommendation Mo~kion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Diana Rosapepe, Director, Library Services Rebecca Owens, Director, Finance ACTIaN NG. A-042208-7 ITEM N17. E-7 AT A REGULAR MEETING GF THE BOARD OF SUPERVISQRS OF RGANOKE COUNTY, VIRGINIA HELD AT THE RDAN~KE COUNTY ADMINISTRATION CENTER, 5244 BERNARD DRIVE, R~ANaKE, VIRGINIA MEETING DATE: April 22, 2048 AGENDA ITEM: SUBMITTED BY: Approval of an agreement with Wolf Creek, Inc., Circle C Consultants, Inc., and various homeowners' associations to resolve disputes concerning the Wolf Creek Planned Community Paul M. Mahoney County Attorney COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Ordinance 102495-14 approved the establishmentof the County'sfirstplanned residential development PRD} known as Wolf Creek. The developers Wolf Creek, Inc. and Circle C Consultants, Inc.} proffered and the County accepted numerous conditions for this PRD, which were amended by4rdinance 081991-12. Manyof the promised improvements and amenities in the proffered conditions have not been constructed or installed. Over the past year, County staff and Supervisor Altizer have negotiated with the developers and the homeowners' associations the Wolf Creek Homeowners Association, Inc., the Richard's Wood Homeowners Association, Inc., and the Beech Cove Homeowners Association} to secure consensus on methods of compliance with the proffered conditions. Attached you will find a copy of this agreement. The proposed agreement provides that the Developers will install certain amenities; that the Developers will pay a sum of money to the homeowner's associations to compensate them for amenities promised under the PRD bu~k not installed; that the County will coi7sider amendments to the PRD eliminating certain conditions previously accepted};that the Developers will complete their work within a strict timetable; thatthe Developers will provide personal guarantees for performance; and that the homeowner's associations agree to and support this agreement. The citizens of Wolf Creek requested several modifications to the draft agreement at the Community Meeting held on April 16, 2008. County Attorney is negotiating these changes with the attorney for the Developers. There may be several changes to the draft agreement; however, these changes will not alter the essential elements of this agreement. It is requested that the Board approve this agreement in substantially the form and content submitted; however, it is also requested that the County Attorney be authorized to make modifications to the agreement so long as those modifications do not alter essential elements outlined herein. "fhe Developers and County staff will work together to develop text amendments to the PRD wr~ich will be subrr~itted to the Planning Commission and Board of Supervisors for appropriate action by July 2x48. FISCAL IMPACT: No direct fiscal impact, although significant staff 1:ime and resources will be required to complete and implement this agreement. ALTERNATIVES: 1. Approve the proposed agreement. 2. Refuse to approve the agreement, and li~kigate the enforcement of ~~he planned residential development conditions, responsibility and liability issues over the next several years. STAFF RECOMMENDATION: It is recommended that the Board authorize the County Administrator, or any Assistant County Administrator, to execute the Agreement on behalf of Roanoke County in s~ibstantially the form and content as attached and subject to approval as to form by the County Attorney. VOTE: Supervisor Altizer mo~kion to approve staff recommendation Motion Approved 2 Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Paul Mahoney, County Attorney Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning 3 DRAFT for April 22, 2008 Board of Supervisor's Meeting THIS AGREEMENT made and entered into this day of 2008, by and among WOLF CREEK, INC., a Virginia Corporation thereinafter "Wolf Creek"}, CIRCLE C. CONSULTANTS, INC., a Virginia Corporation thereinafter "Circle C Consultants"}, said entities being collectively identified as "Developer", THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, the County}, THE WOLF CREEK HOMEOWNERS ASSOCIATION, INC., a Virginia Corporation, THE RICHARD'S WOOD HOMEOWNERS ASSOCIATION, INC., a Virginia Corporation and THE BEECH COVE HOMEOWNERS ASSOCIATION, an Unincorporated Association, said entities being collectively "The Associations"}. WITNESSETH: THAT WHEREAS, Wolf Creek, Inc. was originally the Developer of a project in Roanoke County known and identified as Wolf Creek and; WHEREAS, said community was a planned community whose zoning was governed by the document entitled Wolf Creek Planned Community, which document was approved as Roanoke County's first planned residential development in 1995 by Ordinance Number 102495-10 and amended in 1991 by Ordinance Number 081991- 12, and; WHEREAS, Wolf Creek undertook the development of a portion of the project governed by the Planned Residential Development Ordinance; said portions being known as Wolf Creek Run, Wolf Crest and Beech Cove and; WHEREAS, a portion of said properky is currently being developed by Circle C Consultants; which portion is known as Richard's Wood and; WHEREAS, Wolf Creek has conveyed the remaining porl:ion of the property to other en~ki~kies to be developed and; WHEREAS, the Associations have been established in order to provide governance for each of the respective subdivisions and; WHEREAS, certain issues have arisen among the parties as to whether certain portions of Wolf Run, Wolf Crest, Beech Cove, and Richard's Wood have been developed in accordance with the approved Planned Residential Development Ordinance and; WHEREAS, the parties have entered into a series of lengthy negotiations in an effort to resolve the issues among the parities and; WHEREAS, the parties hereto have reached an Agreement as to the resolu~kion of all issues relating to the Planned Residential Development proposal as it relates to Wolf Run, Wolf Crest, Beech Cove and Richard's Wood and; WHEREAS, the parties desire to enter into this Agreement to set forth all terms and conditions relative to said settlement and resolution, which terms and conditions have been accepted by each of the entities by appropriate action taken on their behalf which, in the instance of the Associations for Wolf Run, Wolf Crest, Beech Cove and Richard's Woad indicate approval thereof by majority of the owners of Lots within said subdivision exclusive of the Developer}; WHEREAS, any settlement and resolution is con~kingent upon the adoption of an Ordinance by the Board of Supervisors amending the Planned Residential Development Ordinance incorporating the changes described herein. NSW, THEREFORE, for and in consideration of the mutual Covenants and Agreements herein contained, the parties hereto do covenant and agree as follows: 1. Upon execution of this Agreement the Developers shall deposit the sum of $3,150 with Osterhoudt, Prillaman, Natt, Helscher, Maxwell, Yost and Ferguson, PLC to be held in escrow for the benefit of the Wolf Creek Homeowners Association; said funds to be paid to the said Association as hereinafter set out. 2. Upon execution of this Agreement, the Developers shall deposit the sum of $5,000 with Osterhoudt, Prillaman, Natt, Helscher, Maxwell, Yost and Ferguson, PLC to be held in escrow for the benefit of the Beech Cove Home owners Association; said funds to be paid to the said Association as hereinafter set out. Upon execution of this Agreement, the Developers shall deposit the sum of $1,250 with Osterhoudt, Prillaman, Natt, Helscher, Maxwell, Yost and Ferguson, PLC to be held in escrow for the benefit of the County; said funds to be paid to the County in order to address other development issues of the various homeowners' associations not addressed by this Agreement. 3. Wvlf Creek and Circle C Consultants have agreed to undertake the work hereinafter set out at such time as the residents of Wolf Creek, Richards Wood and Beech Cove have all approved the provisions of this Agreement. Work to be undertaken by Wolf Creek and Circle C Consultants is as follows: A. The Developer shall install the sign and landscaping at the intersection of Wolf Run and Jenny Lane fat the 2301 Jenny Lane lot}. B. Several boulders have been placed in a circular arrangement in the open space between Wolf Run and Jenny Lane. The Developers shall install within this open space; a. flowering ground cover; b. five (5) flowering dogwood trees and five (5) red maple trees to be planted randomly between the boulders and the gazebo; c. ten (10) azalea bushes to be planted on each side of the stone steps to be installed from Jenny Lane to the gazebo; and d. six (6) butterfly bushes to be planted around the gazebo C. The gazebo will be repaired and painted, and enclose the open space on the side facing Mountain View Road. D. Install the trails and trail amenities. a. see the attached rnap for trail locations {exclusive of the area aro~ind the Villages at Stone Creek} b. Trail amer~i~l:ies~ Two benches {in addition to picnic area benches}; c. one to two footbridges depending upon trail placement; d. three to five planting beds adjacent to the walking trail; e. tree labels for trees of significance by species placed adjacent to the walking trail; f. trail signs will be located at trail entrances or intersections. E. Install and construct the picnic area as shown in the PRD. Two picnic tables and two park benches will be installed. F. Install the Beech Cove stamped concrete sidewalk along Lot 1 to match the existing sidewalk. Install the private road en~krance fea~kure as shown on ~khe UUolf Creek-Beech Cove Community Dimensional Layout & U~kili~kies plan by Hill Studio, P.C. dated 16 August 1999 and amended through 2l August 1999. G. Install the Richard's UVood sidewalks as adjacent homes are constructed and the private road entrance feature as shown in the PRD. This shall be completed within 2 years of the approval of the PRD ordinance amendment by the County. H. Remove all debris from the ravine; remove and place boulders in an aesthetically pleasing fashion, I. In lieu of installing the overlook and landscaping in the alley in Beech Cove, the brown pebble surface for the private roads in Beech Cove, and the Wolf Run trail, as provided in the PRD, the developers shall contribute the sum of $10,000 to the Wolf Creek ($3,750}, Beech Cove ($5,400) H~As and the County ($1,250} to benefit the HOAs. Payments to the H4As shall be placed in escrow and paid to the H~A once the H~A is no longer controlled by the Developers. Upon approval of the above by the residents of Wolf Creek, Richards Wood and Beech Cove, as set forth in Paragraph 5, the Developers shall proceed with submission of the draft text amendments (based upon the spreadsheet set out in Paragraph 4} to the Planning Commission for its consideration and recommenda~l:ion to the Board of Supervisors and thereafter far consideration of said changes by the Board of Supervisors. 4. The County staff shall prepare a spreadsheet identifying all text changes to be made to the Planned Residential Development Plan for Walf Creek, Richards Wood and Beech Cove reflecting the promises and commitments made by the Developers during the above set out negotia~kions. Said spreadsheet shall incorporate language reflecting the items set forth in paragraph 3 above and shall be such that upon completion of said items, and completion and approval of the text amendments as hereinafter set out the Wolf Creek PRD shall, insofar as Wolf Creek, Richards Wood and Beech Cove are concerned, be deemed to be in compliance with the County ordinances. 4n approval of the work set forth in paragraph 3 above and the conceptual text changes as set out in this paragraph, the Developers shall prepare draft text amendments based upon the spreadsheet, reflecting the promises and commitments made by ~khe Developers to complete the amenities in the approved ordinance, and shall submit the text amendments as a proffer amendment to the PRD. County staff shall review and approve the text amendments to the Planned Residential Development prior to submission to the Planning Commission and thereafter for consideration by the Board of Supervisors. The Developers shall also prepare and s~~bmit to County staff engineering site plans designed to implement the changes iden~kified in the spreadsheet and the text amendments. 5. The County Staff shall further schedule meetings with residents of Wolf Run, Wolf Crest and residents of Beech Cove and shall submit said proposed changes as approved by Developer to said residents. A formal vote of the residents shall be taken and concurrence of the residents shall be obtained by a majority vote. If a majority of the residents in either Wolf Run, Wolf Crest, Richards Wood or Beecl~ Cove do not approve of the terms of triis Agreement, the Developers shall reserve the right {but not the obligation} to withdraw from this Agreement. 6. Upon approval of the Amended Planned Residential Development Plan by the Board of Supervisors, Wolf Creek shall immediately undertake steps to turn over control of the Walf Creek Homeowners Association to the residents in the community. The control of the Beech Cove Homeowners Association has previously been turned over to the residents in Beech Cove. 1. As part of the submission to the Beech Cove Homeowners Association, said Associa~l;ion shall agree by formal vote to relieve Wolf Creek from any furkher obligation for maintenance andlor repair of the streets or any other improvements or amenities located within Beech Cove other than those required to be undertaken pursuant to the Amended Planned Residential Development Plan. 9. Upon adoption of the Amended Planned Residential Development Plan and Ordinance and upon affirmative vote of the County, the Beech Cove Homeowners Association and the Wolf Creek Homeowners Association is herein above set out, the funds held in escrow by Osterhoudt, Prillaman, Natt, Helscher, Maxwell, Yost and Ferguson, PLC shall be released to the respective Associations and to the County. 10. All of the work described above, except for item 3~G}, will be commenced within 30 days of the approval of the Developers' plans by the Co~~inty staff. The Developers will submit their plans for County Approval within 30 days of the adoption of the PRD ordinance amendment and the work will be con~ipleted within 180 days of County approval, of the Developers construction plans. All proposed improvement plans must be submitted to the County for review and approval prior to commencing any work. All work performed by the Developers will be deemed accepted unless the County shall notify the Developers otherwise within 34 days of the completion of said work. 11. The parties hereto agree that the provisions of this Agreement incorporated a settlement that is mutually agreeable and acceptable to all of the parties hereto and the parties hereto do further agree that, if the terms hereof are accomplished and a,ll work required under the Amended Planned Residential Development Plan is completed, all of the parties hereto do hereby release the other respective parkies from any further obligations relating to the Wolf Creek Planned Residential Development Community. 1 ~. Wolf Creek and Circle C Consultants shall convey the open Space consisting of approximately 4.87 acres to the County by deed with general warranty of title free and clear of all encumbrances after the final home is constructed in the Richard's Woods section, but no later than June 30, 2009. It is the intention of the Co~~inty to convey this property to the Wolf Creek Homeowner's Association, which shall be responsible for all maintenance of the Meadow. 13. Elmer Craft, Steve Musselwhite and Charles Tull join in the execution of this agreement and provide their personal guarantees for the construction of the physical improvements req~iired by the Amended Planned Residential Development Plan and as further identified in the engineering site plans prepared as required in paragraph 4, in the following manner: Elmer Craft personally guarantees the construction of those physical improvements which are the responsibility of Circle C Consultants and Steve Musselwhite and Charles Toll personally guarantee the construction of those physical improvements which are the responsibility of Wolf Creek. Miscellaneous Provisions ~A} Binding Effect. "rl~iis Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, devisees, personal representatives, successors and assigns. (B) Waiver. Failure by any party hereunder to insist upon or enforce any of its rights hereto shall not constitute a waiver thereof. ~C} Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia. To the extent permitted by law, the parties irrevocably agree that ifthere is cause for any li~kigation and or adjudication, such litigation and or adjudication shall occur in the Circuit Court serving the County of Roanoke, Commonwealth of Virginia. ~D} Headin s. The Paragraph headings are herein used for conver~ience of reference only and shall not be deemed to vary the content of this Agreement or the covenants, Agreements, representations and warranties herein set forth or the scope of any Paragraph. (E) Coi~anterparts. If this Agreement shall be executed in two or more counterpart originals, each counterpart original shall be for all purposes considered an original of this Agreement. ~F} Partial Invalidity. If any provision ofthis Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of which other provisions shall remain in full force and effect; and it is the intention of all the parties hereto that if any provision of this Agreement capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. ~~} Understanding. This Agreement contains the entire understanding between the parties hereto with respect to the Property and is intended to be an integration of all prior or contemporaneous Agreements, conditions, or undertakings between the parties hereto; and there are no promises, Agreements, conditions, undertakings, warran~kies, or representa~kions, oral or written, express or in~iplied, between and among the parties hereto with respect to the properties other than as set forth herein. No changes or modifications of this Agreement shall be valid unless the same is in writing and signed by all parties hereto. ~H} Time. With respect to all time periods contained in this Agreement, it is expressly understood that time shall be, and is of the essence. (I) Holidays, etc. Whenever the last day for the performance of any act required by either Seller or Purchasers under this Agreement shall fall upon a day which is not a business day, the date for the performance of any such act shall be extended to the next succeeding business day. As used herein, a business day shall mean any day which is not a Saturday, Sunday or federal orVirgir~ia holiday. (J) Effective Date. The Effective Date of this Agreement shall be the last date that this Agreement is executed by any party hereto, other than the Title Insurance Company, and such date shall be inserted as the Effec~l:ive Date at the beginning of ~~riis Agreement. u~w,!wYpAfYaMwn•a~'n,y.nw+rxww~rv.... s bn~.w~:..a.yw.4wMnr+^@n 'i+ .~ .gRk4w .F ,v...,... r~ ~... ..+-.-.s.w,wxo~o-.......,wa~w..Ha r.,-,..a..m rovr ...gyn.. .i .Mgi¢Y9F~i lVR!~YPIIM I.Hf':wunM~vyMA •..• .........v W.n.NY ~K} A „proval by Board of Supervisors. This Agreement is subject to the approval by the Board of Supervisors of Roanoke County. That approval may occur at the time the Ordinance amending the Planned Residential Development conditions is adopted. If such Ordinance is not adopted, then this Agreement is null and void, and of no effect. IN VIIITNESS VIIHEREOF, the parkies hereto have executed this Agreement the day and year first above written. WOLF CREEK, INC., a Virginia Corporation BY: ITS CIRCLE C. CONSULTANTS, INC, a Virginia Corporation BY: ITS THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, BY: ITS THE WOLF CREEK HOMEOWNERS ASSOCIATION, INC., a Virginia Corporation BY: ITS THE RICHARD'S WOOD HOME OWNERS ASSOCIATION, INC. BY; ITS THE BEECH COVE HOMEOWNERS ASSOCIATION an Unincorporated Association BY: ITS ACTION NO. A-042208-8 ITEM NO. E-8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTYADMINISTRATION GEN'fER MEETING DATE: April 22, 2008 AGENDA I'~EM: Authorization to give notice to the Commonwealth Transportation Board to proceed with the abandonment of a portion of NorthmontAvenue SUBMITTED BY: Arnold Covey Director of Community Development APPROVED BY: Elmer C. Hodge County Administrator C~UNTYADMINIS'~RATOR'S COMMENTS: SUMMARY OF INFORMATIQN: Roanoke County has received a petition from North Roanoke Baptist Church requesting the abandonment and closure of a portion of the public street NorthmountAvenue Rte. 1840}. North Roanoke Baptist Church is requesting the abandonment in order to move fon~vard with future development and annual activities on their property. Northmont Avenue is located between Barrens Road ~Rte.1832} and Nover Avenue (Rte. 1839}. Since the proposed abandonmentonly adjoins parcels owned by North Roanoke BaptistChurch, the right-of-way for this portion of Northmant Avenue would transfer to North Roanoke Baptist Church. There are na adjoining landowners or other persons that will be affected by this action. Ti~kle 33.1-151, Code of Virginia, 1950, as amended, enti~kled "Abandonment of roads, landing, or crossing; procedure" requires the governing body of the county to give notice of intention to abandon any such road to the Commonwealth Transportation Board. Once notice of intentto abandon the street is given tothe Commonwealth Transportation Board, County staff will then move forward with the necessary postings and advertisements for abandonment. FISCAL IMPACT: None. ALTERNATIVES: 1. Authorize 'the Director of Community Development to give notice to the Commonwealth Transportation Board of its intent to abandon the public street Northmont Avenue and to proceed with the required notice for this abandonment (as shown on Exhibit A). 2. Take no ac~kion at this time. STAFF REC4MMENDATI4N: Staff recommends Alternative 1. VnTE: Supervisor Flora motion to approve staff recommendation Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Teresa Becher, Transporta~kion Engineering Manager METES AND BOUNDS DESCRIPTIONS SHOWN ON THIS PLAT REPRESENT A COMPOSITE OF DEEDS, PLATS, AND CALCULATED 1NFORMA TION AND DO NO T REFLECT AN ACCURATE BOUNDARY SURVEY. tie ~' 's~ s ' ~/1 '~ ': 0 6 4 ~~ V ~ J \ ~ ~ 6.15 k. w,E. ~ 1463.8 J 14 . Christian :•,, rs & Missionary ,~" r r , .~ f, ,, Alliance , ~ , rs Church ~ m o ': '~ • ' rsas ~ „ z p„ ~ ~ • ~ r~ ' rn • od ~' a: 0 's~, ~* 4 z.sti k. ~`7 3'y T p ~ p O'~ • w1y, ~~* ~ tea. , ~ .. dJe, s coG.. G ~ y 'd ~ ,~ ro Qph~ • ~`~8 cY ~.~s O~+'' • ~a ., F,h ~, . , q ' P ~ 1 o ~1~, • ~~ ~,`~ apt .•~,o jC T ~" (~' ~' 1~T Tl ~fi r~ ,° 1.,J i..J \/. ~1 1 7 i/ !/ ~ V , 16 , ~ ~ 2.50 k. , ROAD TO BE VACATED & ° ~ a•'~ ~ ~. .. • ' RESERVED AS A PUBLIC UTILITY EASEMENT • s . • ~~~~•~• .. • ~~~~' ~~'~' ~"~' PROPERTY OWNED BY PETITIONER • 2~. ~3 EXHIBIT T~A~~ ~ "=200' TAk MAP N0, SCALE. FIAT SHOWING ~,pANp~ e~ PORTION OF NORTHMONT AVENUE ~ TO BE VACATED ~~' ~ ~ '° ~ BY ~~~a~~ ,, ~ x ~ BOARD OF SUPERVISORS ]o ~.:.~ „~ • ~"!~;, OF ROANOKE COUNTY, VIRGINIA PREPARED BY: ROANDKE COUNTY DE'P~4RTM~NT DF CDMMUNITYDEVE'LOPMEN7' DATE: 9-~~-Z007 A' Q ~`/ph .9.45 Ac. ; ., ~~' o n {'i •. z a c a °" r ~~P ~'~~ ~~~~~ ~~ 4R~~~~nc~ ~~~ ~ . ~~ ~~ ~'' . ~~~~k:~ ',~~ 0 ~~~n~' ~ 4 ~~- .. ~~~ 0 ~~. ~` . ' a rr ~~# ~~ 2r xf ~ ~. ~~ ~ ~~ ~. ACTION NO. A-042208-9 ITEM NO. E-9 AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATIGN CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 22, 2008 Request to authorize execution of an updated contract with the Unified Human Services Transportation System, Inc. to provide the CORTRAN services for Roanake County for the period March 1, 2008 -February 28, 2aaa. John M. Chambliss, ,,Ir. Assistant County Administrator Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYDF INFORMATION: Unified Human Services Transportatian System, Inc. RADAR) provides the paratransit services of CORTRAN on behalf of Roanoke County. Riders must be at least GO years of age or be physically or mentally challenged as per the Americans with Disabilities Act ~ADA~ requirements. The CORTRAN program provides service to qualified County residents during the hours of 1:00 a.m. to 6:00 p.m., Monday through Friday. Reservations are made on afirst-come, first -served basis, utilizing any of the vehicles available through the RADAR system, Each passenger pays a fee of $3.50 per one-way trip. The new contract with RADAR is based on a $37.50 per hour rate, less the fares received. The average one-way trip for County residents is approximately 45 minutes. By comparison, the hourly rate for last year was $35.50 per ho~ir. The rate increase by RADAR is necessary to cover the increased cost of labor, fuel, and insurance. The CORTRAN service provides curb-to-curb serviceforqualified County residents to any destination within the outer perimeter of Roanoke County including points inside the Cities of Roanoke and Salem and the Town of Vinton}. County Staff helps determine the eligibility of the users of the CORTRAN system in an effort to contain costs and prevent abuse. F I SCAL I M PACT: $380,476 is included in the fiscal year 2001-2008 budget for the net cost of this program. No new appropriation of monies is requested at this time. Staff feels that the enrollment process and monitoring of any abuse of the system will continue to improve the availability of ~kr~is program to the ci~kizens of the County needing such service. RECQMMENDATIONS: Staff recommends authorizing the CountyAdministrator orhis designee to sign the renewal contractfor CORTRAN service based on the $31.50 per hour rateforthe March ~, 2008 ~- February 28, 2009 service period. VOTE: Supervisor Church motion to approve staff recommendation Mo~kion Approved Yes N o Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ c: John Ghambliss, Assistant Gounty Administrator Rebecca Owens, Director, Finance AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, 2008 ORDINANCE 042208-10 AMENDING SECTION 20-25 "SUPPLEMENTAL COLLECTION SERVICE" OF CHAPTER 20 "SOLID WASTE" OF THE ROANOKE COUNTY CODE TD PROVIDE FOR ADMINISTRA'~IVE REGULATIGNS FOR THE DISPOSAL OF SGLID WASTE AT THE TRANSFER STATION WHEREAS, the first reading of this ordinance was held on April 8, 2008; the second reading was held on April 22, 2008. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. 'that Section 20-25 of Article II. Collection by County of Chapter 20. Solid Waste be amended to read and provide as follows: Sec. 20-25. Supplemental collection service. ~a} Brush collection. The county provides free brush collection every other week to residential customers. Brush or other yard waste collection service will not be provided to commercial or non-county residential customers. It will be the responsibility of premium and physically-challenged customers to place any brush items at the curb for collection. Brush must be placed as close as possible to the curb line or road and five ~5} feet away from any horizontal obstruction and have overhead clearance, such that the operation of the equipment is not impaired or restricted. Such placement shall be made no earlier than the Saturday preceding the scheduled collection and no later than 1:00 a.m. of the day scheduled collection date. (1) Brush resulting from normal property maintenance, may not exceed six (6) feet in length or six (6) inches in diameter. Debris waste and tree stumps will not be collected pursuant to this section. The cuttings and limbs must be placed in a pile not to exceed six (6) by six (6) by six (6) feet in size. (2) Brush cuttings and tree limbs resulting from commercial tree trimming operations (contractor/commercial waste) will not be collected. (3) Brush resulting from land-clearing will not be collected. 1 (b} Yard waste. Residential customers may place small quantities of yard waste in their county-provided containers on their regularly-scheduled collection day. Excess quantities of yard waste must be placed in disposable containers, to include but not be limited to, plastic or paper bags or cardboard boxes and adjacent to the road or curb line for scheduled bulk collection, The disposable containers must be of substantial construction and shall not weigh more than fifty (50) pounds when full. The containerized clippings must be separate from any other bulk or brush items set out for collection. (c} Seasons! collections. For asix-week period, usually beginning with the first Monday in November, bagged leaves will be collected on a weekly basisfrom all residential customers. The county will not provide vacuum service for the collec~kion of leaves. (1} Leaves must be placed in sturdy, tied, plastic bags within five (5) feet of curb and may not exceed fifty (50) pounds per bag. (2} Christmas trees will be collected separately from other yard waste during aone-week period in January. Trees must be placed within five (5} feet of the curb with all decorations removed so they may be safely mulched. Notice will be provided as to exact collection dates for these services. (d) General. Materials resulting from land-clearing operations or commercial yard waste management operations will not be collected pursuant to this section. It will be the responsibility of the contractor or owner to properly dispose of any such materials. (e} Bulk collection. The county provides free collection of bulk items every other week to residential customers. Bulk collection service will not be provided to any commercial customers. It will be the responsibility of premium and backyard service customers to place any bulk items adjacent to the qualified road or curb line for collection. The bulk items must be placed as close as possible to the curb line or road and five (5) feet away from any obstruction. The items must be completely clear of any overhanging wires or branches, in order to be collected. Such placement shall be made no earlier than the Saturday preceding scheduled collection and no later than 7:00 a.m. the day of collection. 2 (1 } Pursuant to section 20-1, bulk collection items will be defined as household waste too large or heavy to fit into the automated containers. (2} Residential customers can place no more than a pickup truck size load of bulk for pickup. If it is necessary for the materials to be containerized, the container must be of a disposable nature. (3} Bulk items include materials resulting from normal household activity, including but not limited to, items such as appliances, furniture, four (4} unmounted tires, pallets, bicycles, swing sets (disassembled}, lawn furniture, and cardboard moving boxes or other trash resulting firom moving. (4} Any material that may be wind blown must be bagged. Any glass items, such as mirrors, windows or shower doors, m~~st be taped and bagged. (5} Excluded items: All prohibited waste, such as construction waste, debris waste, hazardous materials, animal carcasses, automobile parts, propane tanks and riding lawnmowers will be the responsibility of the owner or contractor to properly dispose of. (fi} Additional disposal services. County residential customers are entitled to the use of a fourteen-foot "freeloader" at no charge on a "first come, first serve" basis. -fhe freeloader must be scheduled in advance and is to be used during spring cleaning, basement or attic cleaning, or major yard work projects. Use of ~rhe freeloader is governed by the following criteria: (1 } Residential customers may reserve the freeloaders no more than four {4} ~:imes a year. (2} Materials may only be hand loaded (not mechanically} onto the trailer. (3) Small items or any material si.~sceptible to wind must be containerized in some manner, such as bags or boxes. (4) The freeloader will be delivered only to occupied residential homes. Homes currently under construction are not eligible to receive the freeloader. The freeloader will only be delivered to a safe and easily accessible location determined by solid waste staff. 3 ~5} The resident must be home to accept delivery of the freeloader to sign a release liability form. ~6} No hazardous materials, debris waste or construction waste shall be placed in freeloader. (l} Permissible items include brush, bulk and yard waste pursuant to section 20-1. 4$} Prior to removal the loads will be inspected and the resident will be required to remove non-approved materials. l~~~ ~nfii ree.ii-l°n~ .~ °~~CtltFlie~+n h.~i ~I one /') \ ni~~Q .~ I~.~~ ~f neon c~oniine i~+ ~i nn n~e~f fn n~~ ~nF~i rec~irJen~i~l n~ ~c~~~merc~ (g) County residents may take pick-up (ruck loads of bulk items and brush originating from (heir residence fo fhe Tr'nker Creek Transfer Sfafion free of charge. The number of such loads permitted without charge, and other rules and regulafions pertaining fo removal and disposal of bulk items and brush of fhe Tinker Creek Transfer Sfafion, shall be in accordance with rules and regulafions promulgated by fhe County Administrator or his designee. !n special circumstances upon request, fhe County Administrator or his designee may issue specia! dump permits for fhe disposal of bulk items and brush at fhe transfer station in addition fo fhe number of loads generally permitted for county residents. 2. That this ordinance shall be in full force and effect from and after its adoption. 4n motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None 4 A COPY TESTE: ~ '~.A~ Wanda G. Riley, CPS Clerk to the Board c: Circuit Court Robert P. Doherty, ,.,Ir., J~~dge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domestic Relations District Court Doris J. Johnson, Clerk for distribution} General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution} Gerald Holt, Sheriff Kevin Hutchins, Treasurer Nancy Harn, Commissioner of Revenue Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Raymond Leven Diana Rosapepe, Director, Library Services Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.1111., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book John M. Chan~bliss, Jr., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Arnold Covey, Director, Corr~munity Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Chief Information Officer Anne Marie Green, Director, General Services Pete Haislip, Director, Parks, Recreation & Tourism VlJilliam E. Driver Director, Real Estate Valuation Brent Robertson, Director, Management & Budget 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD ATTHE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, 2008 RESOLUTION 042208-11 APPROVINGANDCONCURRING INCERTAIN ITEMS SET FGRTH GN THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNA'~ED AS ITEM I-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 April 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 tr~rough 4 inclusive, as follows: 1. Approval of minutes -April 8, 2008 2, Acceptance of Cardinal Park Drive into the Virginia Deparkment of Transportation Secondary System 3. Amending and updating resolutionsforacceptance of aportion of Broyles Lane, Route 1054 Hollins Magisterial Dis~krict}and Wilson Mountain Road, Route 819 (Cave Spring Magisterial District}into the VirginiaDepartment ofTransportation Secondary System 4. Confirmation of committee appointments Thatthe Clerktvthe Board is herebyauthorized and directedwhere required bylaw to setforth upon anyofsaid itemstheseparate votetabulation forany such item p~~rsuant to this resolution, On motion of Supervisor Flora to adopt the resolution, and carried bythe following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: Wanda G. Riley, CPS Clerk to the Board c: Arnold Covey, Director, Community Development Philip Thompson, Deputy Director, Planning Teresa Becher, Transportation Engineering Manager 2 THEBGARDOFSUPERV154RSaFR0AN4KECGUNTY, IN REGULARMEETINGGN THE 22ND DAY GF APRIL 2008 ADOPTED THE F(~LLUWING: RESOLUTION 042208-11.a REQUESTING ACCEPTANCE OF CARDINAL PARK DRIVE INTOTHEVIRGINIADEPARTMENT OFTRANSPORTATION SECONDARY SYSTEM. WHEREAS, the streets described on the attached Addition Form LA-5~A}, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Gffice of the Circuit Court of Roanoke County, and WHEREAS, the representative for the Virginia Department of Transportation has advised this Board that the streets} meet the requirements established by the Virginia Department of Transportation's Subdivision Street Requirements, and WHEREAS, the Countyand theVirginia Departmentof Transportation haveentered into an agreement on March 9, 1999, for comprehensive stormwater deten~:ion which applies to this request for addition, NGW, THEREFGRE, BE IT RESGLVED, this Board requests the Virginia Department of Transportation to add the streets} described on the attached Additions Form LA-5~A} to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements, after receiving a copy of this resolution and all outstanding fees and documents required of the developer, whichever occurs last in time. BE IT FURTHER RESGLVED, this Board guarantees a clear and unrestricted right- of~way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESGLVED, this Board hereby agrees to reimburse the Virginia Department of Transportation, within forty five X45}days of being invoiced, for any repairs to the street additions referenced by this resolution, provided the repairs are required becauseof afaultinworkmanship ormaterials and provided the repairsare initiated during the one year period following the date of this resolution, and BE lT FURTHER RESGLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church, AltiZer, McNamara, Flora Nays: None A Copy Teste: r Wanda G. Riley, CPS Clerk to the Board pc: Arnold Covey, Director, Department of Community Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 0422D8-11.a adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, April 22, Zoos. Brenda J. Holton, Deputy Clerk cd 3 ~~ X1--1 0 a~ a v a a H a A W CnI~ V L z 0 a U Q a N N .~ v A ~. .~ ~' ~. .o 0 0 .~ b ~, a n ~'- Q c ., 0 .~ a~ 0 0 41 U ..~ M~ W 0 .~ ,o .,.~, .? 0 e~ I U ' ~~ ~ A ~ ~ ~ ~ i ~ ~ ` Q .~ ~ Q Ii, p u ~~ x ~ Oi ~ ~ ~ ~ ~ ~ ,~ ~ ~ o U Q~ ~~ o ~z .~ ~~~ o~~w ~~ ,~ o ~~- a ~ ,. ~ ~ ~ a a a a a a ~ ~ N ~~ v C ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ C'~ q ~, ~ ~' °~ a ++ a ++ a ++ a ~ ~ a ~ x o ~ '~ A a A o A A o ~ ~ ~ ~ ~ L L L ~+ L " ' • ~ V ~ ~ ~~ ~ ~ ~ .. ~ G~ ~ .. ~ ' C~ a eV a ~' 47 x ~ x ~' ~ x ~, I~ a a H ~,~ a~ ~ w o H ~ a L ~, o H ~ w L ~ o N ~ a ~ w o l~ ~ w ~ w o H ~ w n w o N ~ a .,.., A ~ a v ,~ 4~ ~ U . , ~ O G~ Z ,~ 0 E" v G4 c~ ,~ ~. b 4~ vi U c, zo ~~ ~ ~ .~ O ~ N ~ u ~, ,? ~ .r ~~ ~v ~~ ~~ o ~ ~ Qw ~~ ~ ~ o ~ ~ ~ ~~ ~a ~ ~ w b ~ ~~ a~ ~ ~ a~ ~ ~ ~~ ~ N~ a ~ s ~ W ~ .~ N c~ a~ %' e~~ ~ ~ .~.-- ~ ~ , ^ lr - ~ /,. ,:~% PROPOSED ADDITiUN SHOWN IN GRAY DESCRlPTIUN Cardinal Park Drive -from the intersection with 1~ardy Road OVA State Route # ~34~ to its cul~de-sac LENGTH RkGHT OF WAY ROADWAY WIDTH SERVICES Miles Feet Feet Houses 0.176 Varies & 70' S2 8~ 35 1 ,~ • RGANOK~ CGUN?~Y 'V~ntan Business Center ~EPARTMENT~ ~F' Acceptance of Ca~~dinal Park Drive into the Virginia C4MMUNr?'X DEVELGPMEN T Department of ~~~t~anspartation Secondary System. _. - ~, Hardy Road VA State Rte # X34 Resolution for Rural Additions per §33.1-72.1 and §33.1-12.2 - No Speculative Interest Involved The Board of Supervisors of Roanoke County, in regular meeting on the 22 day of April, 2008, adopted the following: RESOLUTION 042208-11.b AMENDING AND UPDATING RESOLUTION FOR ACCEPTANCE OF A PORTION OF BROYLES LANE, ROUTE 1054, HOLLINS MAGIS'~ERIAL DISTRICT, INTO THE VIRGINIA DEPARTMENT OF TRANSPORTA'~ION SECONDARY SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1,1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1-72.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as setout therein, except as otherwise prohibited by subsection B of §33.1-12.2, Code of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds for improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified irr~mediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estimate of $ 80,864.00 ; NGVII, THEREFGRE, BE IT RESGLVED, pursuant to §33.1-72.1, Code of Virginia, this Board requests the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: G.H Broyles Land Name of Street: Broyles Lane, Rte. 1054 From: Existing end of State maintenance To: Proposed cul-de-sac Length: 0.12 miles Guaranteed Rig ht-of-UVay UVidth: 40 feet. Right of Way _ Instrument or Reference Instrument #: 200511209 and Date Recorded: Jul 11, 2005 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Fiands Amount Roanoke Count Seconda Six Year State Funds $ 80,864.00 BE IT FURTHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and BE IT FUR~fHER RESOLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to ~khe road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 0 , be forwarded to the Residency Administrator of the Virginia Department of Transportation. Recorded Vate: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore, Church Altizer, McNamara, Flora Nays: None A Copy Teste: t Wanda G. Riley, CPS Clerk to the Board pc: Arnold Covey, Director, Department of Corr~muriity Development Teresa Becher, Transportation Engineering Manager Virginia Department of Transportation I hereby certify that the foregoing is a true and correct copy of Resolution 4422x8-11.b adopted by the Roanoke Co~~inty Board of Supervisors by a unanimous recorded vote on Tuesday, April 22, 2008. Brenda J. Holton, Deputy Clerk Resolution for Rural Additions per §33.1-72.1 and §33.1-72.2 - No Speculative interest Involved The Board of Supervisors of Roanoke County, in regular meeting on the 22 day of Aril 2_, adopted the following: RESOLUTION RESOLU'T`ION o4Z2Q8-11.C AMENDING AND UPDATING RESOLUTION FOR ACCEPTANCE OF A PORTION OF WILSON MOUNTAIN ROAD, ROUTE 819, CAVE SPRING MAGISTERIAL DISTRICT INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY SYSTEM WHEREAS, the street described below currently serves at least 3 families and was established prior to July 1, 1992, at which time it was used by motor vehicles as a public access; and WHEREAS, the County has determined its subdivision ordinance satisfies subsection B of §33.1-12.1, Code of Virginia, and is therefore eligible to make qualifying additions to the secondary system of state highways maintained by the Virginia Department of Transportation and fund necessary improvements as setout therein, except as otherwise prohibited by subsection B of §33.1- 12.2, Gode of Virginia; and WHEREAS, after examining the ownership of all property abutting this street, including the deeds and related plats, this Board finds no restriction on the use of public funds far improving of the road; and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist; and WHEREAS, this Board has identified immediately available funding to make improvements required to qualify the street for addition to the aforesaid secondary system of state highways, based on the Department's cost estima#e of ~ 113,92D.52 ; NQVII, THEREFORE, BE IT RESOLVED, pursuan# tv §33.1-72.1, Code of Virginia, this Board reques#s the following street be added to the secondary system of state highways maintained by the Virginia Department of Transportation and hereby guarantees the right-of-way of the street to be clear, unencumbered and unrestricted, which right of way guarantee shall including any necessary easements required for cuts, fills, and drainage: Name of Subdivision: Yellow Mountain Name of Street: Wilson Mountain Road, Rte. 8~9 From: Existing end of State maintenance To: Proposed cul-de-sac Length: 0.04 mites Guaranteed Right-of-Ullay Width: 30 feet + ~RIUVWidth Varies Right of Way Instrument or Reference Instrument #: 20060?173 and Date Recorded: Ma 8 2006 BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements with the following funds; Source of Funds Amount Roanoke Count Seconds Six Year State Funds $ 113,920.52 BE IT FURTHER RESGLVED, this Board agrees to reimburse, within 45-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs to relocate existing utilities within the right of way that are discovered during the course of and in conflict with the construction, drawing such funds from resources other than those administered by the Department; and BE IT FURTHER RESOLVED, this Board agrees to reimburse, witr~in 4~-days of receiving an invoice, all costs that the Virginia Department of Transportation incurs in the construction of necessary improvements to the road that are over and above the estimated cost of improvements or to otherwise identify an eligible source of funds administered by the Department to cover such costs; and BE IT FINALLY RESOLVED, that a certified copy of this resolution and a county check in the amount of $_, be forwarded to the Residency Administrator of the Virginia Department of Transportation. Recorded Vote: Moved by: Supervisor Flora Seconded by: None Required Yeas: Supervisors Moore. Church. Altizer. McNamara. Flora Nays: None A Copy Teste: Ct/yl.GLQ-- ~1 Wanda G. Riley, CPS Clerk to the Board Pc: Arnold Covey, Director, Department of Community Development Teresa Becher, transportation Engineering Manager Virginia Department of Transportation I here cerkify that the foregboing is a true and correct copy of Resolu8tion 042208-~ 1.c adopted by the Roanoke County Board of Supervisors by a unanimous re orded vote on uesday, ' 22, 2008 Mary V. Bran ssistant Deputy Clerk AC1-ION NO. A-042208-11.d ITEM N0. J-4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 22, 2Q08 AGENDA I'~EM: Confirmation of committee appointments SUBMITTED BY: Wanda G. Riley, GPS Clerk to the Board APPROVED BY: Elmer C. Hodge County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. Virginia's First Regional Industrial Facility Authority 'fhe two-year terms of Doug Chittum, Director of Economic Development, and Jill Loope, Assistant Director of Economic Development, will expire on June 3a, 20o8. In accordance with the staggered term provisions of the By-laws of this Authority, these terms will now become four yearterms. Mr. Chittum and Ms. Loope have expressed an interest in being reappointed for four-tear terms. It was the consensus of the Board to add confirmation of Doug Chittum's and Jill Loope's reappointments to the consent agenda. vo~rE: Supervisor Flora motion to approve confirmation of appointments Motion Approved Yes No Abs Ms. Moore ~ ^ ^ Mr. Church ~ ^ ^ Mr. Altizer ~ ^ ^ Mr. McNamara ~ ^ ^ Mr. Flora ~ ^ ^ cc: Virginia's First Regional Industrial Facility Authority ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON `TUESDAY, APRIL 22, 2008 RESOLUTION 042208-12 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 retarded 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 certi~fical:ion by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOVA, THEREFORE, BE IT RESOLVED, thatthe Board of Supervisorsof Roanoke County, Virginia, hereby cerkifies 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 wr~ich this certification resolution applies, and 2. Onlysuch publicbusiness mattersaswere identified inthemotionconveningthe closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Flora to adopt the resolution, and carried bythe following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTS: Wanda G. Riley, CPS Clerk to the Board AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF R4ANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, 2408 RESOLUTION 042208-13 OF CONGRATULATIONS TO HIDDEN VALLEY `TITANS GIRLS BASKETBALL TEAM FOR WINNING THE STATE GROUP AA BASKETBALL CHAMPIONSHIP WHEREAS, team sports are an important part of the curriculum at schools in Roanoke County teaching cooperation, sportsmanship, and athletic skill; and WHEREAS, the Hidden Valley High School Titans girls basketball team won their second consecutive State Group AA basketball championship defeating Waynesboro High School by a score of 59 to 45; and WHEREAS, the Titans were the River Ridge District Champions, River Ridge District Tournament Champions; and Region IV Champions; and WHEREAS, the Titans had a record of 26 wins and 4 losses for the 2047-2008 season, amassed a record of 55 wins and 5 losses for the past two years; and reached three consecutive state championship games, winning two; and WHEREAS, the Titans are coached by Mike McGuire, who was named Group AA Coach of the Year by the Virginia High School Coaches Association, and Assistant Coaches Buddy Ross, Erika Hale, Shawn Patton, Penny Hunt, and Sarah Fitzgerald. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the HIDDEN VALLEY HIGH SCHOOL TITANS GIRLS BASKETBALL TEAM: Kylee Beecher, Elisabeth Burke, Beth Conner, Amanda Crotty, Katie Degen, Lindsay Divers, Katie Kelly, Haley Kendrick, Jordan McDonald, Kari Myers, Abby Oliver, Kayla Osborne, Abby Redick, Rachel Singleton, and Elizabeth Stump for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED that the Board of Supervisors extends its best wishes to the members of the team, the coaches, and the school in their future endeavors. On motion of Supervisor McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: 4 G~~. ~b/ Wanda G. Riley, CPS Clerk to the Board 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN"rER, TUESDAY, APRIL 22, 20x8 RESOLUTION 042248-14 AMENDING THE RGANaKE COUNTY COMPREHENSIVE PLAN T4 INCORPORATE THE CGMMUNITY FACILITIES MAP WHEREAS, the Comprehensive Plan was adopted in March 2005, to guide the growth and development of Roanoke County; and WHEREAS, the Community Facilities Map is an important component of future land use planning, and illustrates existing and proposed facilities throughout the County; and WHEREAS, an November 5, 2007, the Planning Commission held a work session to discuss the incorporation of the Community Facili~kies Map into the Comprehensive Plan; and WHEREAS, the Community Facilities Map identifies the general location of libraries, public schools, fire and rescue stations, county administration buildings, Roanoke Valley Resource Authority sites, Roanoke County business parks, VHF Very High Freq~~ency~ Paging System Towers, Western Virginia Water Authority sites, and Parks and Recreation sites; and VIIHEREAS, on March 4, 2008, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorpora~king the Community Facili~kies Map, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and VIlHEREAS, on March 4, 2008, the Planning Commission passed a resolution recommending that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Cor~imunity Facilities Map. NOW, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of S~.~pervisors amend the Comprehensive Plan for Roanoke County to incorporate the Community Facilities Map. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~G~~.c~- Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development 2 ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENWfER,1-UESDAY, APRIL 22, 2008 RESOLUTIQN 4422x8-15 AMENDING THE ROANOKE COUNTY COMPREHENSIVE PLAN TO INCORPORATE THE MOUNT PLEASANT COMMUNITY PLAN WHEREAS, as an update to the Roanoke County Comprehensive Plan, the Mount Pleasant Community Plan was commenced in late 2006 to study growth and development issues in the Mount Pleasant community; and WHEREAS, in January, February, April, and July ofi 2001, community meetings were held to present the project to the citizens, exchange information, receive input, review survey results, present draft goals and proposed F~~ture Land Use Scenarios; and WHEREAS, on January 15, 2008, and February 19, 2008, the Planning Corrimissian held work sessions to review and comment on the draft Mount Pleasant Community Plan, including the overall scope of the study, survey results, discussion of the proposed "Suburban Village" and "Economic Opportunity" designations to be added to the Comprehensive Plan, consideration of alternative amendments to the Comprehensive Plan Future Land Use Maps, and goals, objectives and strategies for Mount Pleasant; and WHEREAS, on March 4, 2408, the Planning Commission held a public hearing on an amendment to the Comprehensive Plan incorporating the Mount Pleasant Community Plan, after advertisement and notice as required by Section 15.2-2204 of the Code of Virginia; and WHEREAS, on March ~8, 2048, the Planning Commission passed a resolu~~ion recon~imending that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Mount Pleasant Community Plan. NO1lIJ, THEREFORE, BE IT RESOLVED, that the Roanoke County Board of Supervisors amend the Comprehensive Plan for Roanoke County to incorporate the Mount Pleasant Community Plan. On motion of Supervisor Altizer to adopt the resolution amending the Comprehensive Plan to include the Mo~~nt Pleasant Community Plan-Scenario #4}, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY "fESTE: c:~a/x~c~~~ . Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development 2 ATA REGULAR MEETING OF THE BOARD GF SUPERVISORS GF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, ROANOKE, VIRGINIA ON TUESDAY, APRIL 22, 2008 ORDINANCE 042208-~6 AMENDING THE ROANOKE COUNTY CODE BY THE ADOP'~ION OF VARIOUS AMENDMENTS TO THE ROANOKE COUNTY ZONING ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, this ordinance conforms language in the Roanoke County Zariing Ordinance to the Cade of Virginia; Roanoke County's Floodplain, Stormwater, and Subdivision Ordinances; and the standards of the Western Virginia Water Authority, in addition to making other changes as needed; and WHEREAS, the Planning Commission held a public hearing on March 4, 2008, and a work session on March 1S, 2008, on these amendments. WHEREAS, the first reading of this ordinance was held on April 8, 2008, and the second reading and public hearing was held an April 22, 2008. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, VA, as follows: 1. That various amendments to the Roanoke County Zoning Ordinance as set out in the document entitled "Roanoke County Zoning Ordinance Revisions -Proposed Amendment for Articles I-V Revisions Only -April 22, 2005" attached as Exriibit A is hereby adopted and made a part of the Roanoke County Code. 2. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: ~~. Wanda G. Riley, CPS Clerk to the Board c: Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bor~riie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Domes~kic Rela~kions District Court Doris J. Johnson, Clerk for distribution} General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk for distribu~kion} Gerald Holt, Sheriff Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue Paul Mahoney, County Attorney Randy Leach, Commonwealth Attorney Chief Magistrate Raymond Leven Diana Rosapepe, Director, Library Services Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Cade Book John M. Chambliss, ~Ir., Assistant County Administrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial officer Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thompson, Deputy Director, Planning Rebecca Gwens, Director, Finance David Davis, Court Services Elaine Carver, Chief Information Qfficer Arine Marie Green, Director, General Services 2 Pete Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Brent Robertson, Director, Management & Budget ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 22, 2408 ORDINANCE 442248-11 TO DENYTHE REZONING OF 4.21 ACRES FROM C-~, OFFICE DISTRICT, TO C-2, GENERAL COMMERCIAL DISTRICT, TO ALLOW ACCESS TO THE FRONTAGE PARCEL LOCATEDAT END OF BURLINGTON DRIVE ~PORTI4N OF TAX MAP N0.21.~3-5-Z~, HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF LEXINGTON FALLS, LLC WHEREAS, the first reading of this ordinance was held on March 25, 2008, and the second reading and public hearing were held April 22, 2008; and, WHEREAS, ~khe Roanoke County Planning Commission held a public hearing on this matter on April 1, 2008; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: On mo~kion of Supervisor Flora to deny the rezoning, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora NAYS: None ABSTAIN; Supervisor Altizer A COPY TESTE: Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Cavey, Director, Community Development Tarek Moneir, Deputy Director, Development Paul Mahoney, County Attorney ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, 2008 ORDINANCE 442208-18 GRANTING A SPECIAL USE PERMIT TO CONSTRUCT A 144 FOOT BROADCAST T01NER IN AN I-2 INDUSTRIAL DISTRICT ON 9.111 ACRES LOCATED AT 5253 HOLLINS ROAD AND 1132 CARLOS DRIVE TAX MAP N0.39.45-2-5 AND 39.45-2-4~ HOLLINS MAGISTERIAL DIS'~RICT, UPON THE PETITION OF ROANOKE COUNTY WHEREAS, Roanoke County has filed a petition for a special use permit to construct a 100 foot broadcast tower to be located at 5253 Hollins Road and 1132 Carlos Drive Tax Map Nos. 39.05-2-5 and 39.05-2-4} in the Hollins Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on April 1, 2x08; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on March 25, 2008; the second reading and public hearing on this matter was held on April 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 Roanoke County General Services to construct a 100 foot broadcast tower to be located at 5253 Hollins Road and 1132 Carlos Drive in the Hollins Magisterial District is si.,ibstantially in accord with the adopted 2005 Comn~~uriity 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 con~imuriity, and said special use permit is hereby approved with the following condition: 1 (1) The broadcast tower shall not exceed 100 feet in height. 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 con~l~lict with the provisions of tr~is 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. an motion of Supervisor Flora to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Altizer, McNamara, Flora NAYS: None A COPY TESTE: . ~. Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development John Murphy, Zoning Administrator Anne Marie Green, Director, General Services Billy Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2 AT A REGULAR MEETING OF 'SHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 22, 2008 QRDINANCE 042208-19 GRANTING A SPECIAL USE PERMIT TO OPERATE ADRIVE-IN 0R FAST FQQD RESTAURANT IN A C-2S, GENERAL CQMMERCIAL DISTRICT WITH SPECIAL USE PERMIT, 4N 1.5 ACRES LQCATED AT 2445 1NASHINGTQN AVENUE TAX MAP N4. 61.15-2-10~ VINTON MAGISTERIAL DISTRICT, UPON THE PETI1'IQN QF IIUALLACE FAMILY ENTERPRISES, INC. WHEREAS, Wallace Family Enterprises, Inc. has filed a petition for a special use permit to operate adrive-in or fast food restaurant to be located at 2445 Washington Avenue Tax Map No. 61.15-2-10~ in the Vinton Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on March 4, 2008; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on February 26, 2008; the second reading and public hearing on this matter was held on April 22, 2008. NOW, THEREFORE, BE IT RESOLVED by~khe Board of S~~ipervisors of Roanoke County, Virginia, as follows: 1. -ghat the Board finds that the granting of a special use permit to Wallace Family Enterprises, Inc. to operate adrive-in or fast food restaurant on a 1.5 acre parcel of real estate located at 2445 Washington Avenue in the Vinton Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1 }Operating hours shall be from 11:00 am to 10:00 pm, Sunday through Thursday and 11:00 am to 12:00 midnight, Friday and Saturday. (2) The drive-in or fast food restaurant shall not exceed 1,900 square feet. (3) Any vehicle marked with advertising related to the fast food use shall be prohibited from being parked, or maintained on the property. Personal vehicles used for household pizza delivery may be permitted on the property. 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 bythis ordinance. Qn motion of Supervisor Altizer to adopt the ordinance with Condition #3 added, and carried by the following recorded vote: AYES: Supervisors Moore, Ch~~irch, Altizer, McNamara, Flora NAYS: None A COPY TESTE: uS1 Wanda G. Riley, CPS Clerk to the Board c: Philip Thompson, Deputy Director, Planning Arnold Covey, Director, Comm~~inity Development Tarek Moneir, Deputy Director, Development John Murphy, Zoning Administrator Billy Driver, Director, Real Estate Valuation Paul Mahoney, County Attorney 2