HomeMy WebLinkAbout1/19/1988 - Regular1
AGENDA
"Implementing the Comprehensive Plan"
Joint Board of Supervisors and Planning Commission Meeting
January 19, 1988 - 7:00 P.M.
1. Call to order
2. Introduction of Program - Elmer C. Hodge, County Administrator
3. Presentation of Program - Rob Stalzer, Director of Planning
4. The Foundation Necessary. for Effective Planning and
Implementation
A. Governing Body, Planning Commission, Administrative
Commitment
B. Community Involvement
C. Continuous Planning Process
5. Defining the Comprehensive Plan
A. Code of Virginia, § 15.1-446.1 and § 15.1-456
B. Roanoke County Comprehensive Planning Process
(1) Land Use Plan
a. Development Framework Guide
b. Land Use Guide
c. Resource Protection Guide
d. Land Use Management Guide
(2) Departmental Master Plans
(3) Transportation Plan
6. Implementing the Comprehensive Plan
A. Budgeting and Capital Improvements Programming
B. Land Use Regulations
(1) Design and Construction Standards
(2) Subdivision Ordinance
(3) Zoning Ordinance Text and Map
a. Code of Virginia, § 15.1-486
C. Conditional Zoning and the Rezoning Process
(1) The Steps of Rezoning
(2) Applying the Principals of Conditional Zoning to the
Roanoke County Land Use Plan
D. Zoning Enforcement
7. Future Zoning Programs
8. Summary and Conclusion
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Defining the Comprehensive Plan
§ 15.1-446.1. Comprehensive plan to be prepared and adopted; scope
and purpose. -The local commission shall prepare and recommend a
comprehensive plan for the physical development of the territory within its
jurisdiction.
Every governing body in this State shall adopt a comprehensive plan for the
territory under its jurisdiction b}• July one, nineteen hundred eighty.
In the preparation of a comprehensive plan the commission shall make
careful and comprehensive surveys and studies of the existing conditions and
trends of growth, and of the probable future requirements of its territory and
inhabitants. The comprehensive plan shall be made with the purpose of
guiding and accomplishing a coordinated, adjusted and harmonious develop-
ment of the territory which will, in accordance with present and probable
future needs and resources best promote the health, safety, morals, order,
convenience, prosperity and general welfare of the inhabitants.
The comprehensive plan shall be general in nature, in that it shall
designate the general or approximate location, character, and extent of each
feature shown on the plan and shall indicate where existing lands or facilities
are proposed to be extended, widened, removed, relocated, vacated, narrowed,
abandoned, or changed in use as the case may be.
Such plan, with the accompanying maps, plats, charts, and descriptive
matter, shall show the commission's long-range recommendations for the
general development of the territory covered by the plan. It may include, but
need not be limited to:
1. The designation of areas for various types of public and private
development and use, such as different kinds of residential, business,
industrial, agricultural, conservation, recreation, public service, flood plain
and drainage, and other areas;
2. The designation of a system of transportation facilities such as streets,
roads, highways, parkways, railways, bridges, viaducts, waterways, airports,
ports, terminals, and other like facilities;
3. The designation of a system of community service facilities such as
parks, forests, schools, playgrounds, public buildings and institutions, hospi-
tals, community centers, waterworks, sewage disp~~sal or waste disposal areas,
and the like;
4. The designation of historical areas and areas for urban renewal or other
treatment; and
5. An official map, a capital improvements program, a subdivision ordi-
nance, and a zoning ordinance and zoning district maps. (1975, c. 641; 1976, c.
650; 1977, c. 2'?8.)
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§ 15.1-447 LOCAL PLANNING LEGISLATION § 15.1-449
Law Review. -For survey of Virginia law
on land use planning for the year 1974-1975,
see 61 Va. L. Rev. 1769 (1975). For survey of
Virginia law on municipal corporations for the
year 1975-1976, see 62 Va. L. Rev. 1455 (19 7 61.
For a comment on challenging rezoning in
Virginia, see 15 U. Rich. L. Rev. 423 (1981).
For article on conditional zoning in Virginia,
see 16 U. Rich. L. Rev. 117 (1982).
"Spot zoning" defined. -See Wilhelm v.
Morgan, 208 Va. 398, 157 S.E.2d 920 (1967),
decided under former $15.1-446.
§ 15.1-447. Surveys and studies to be made in preparation of plan;
implementation of plan. - (1) In the preparation of a comprehensive plan,
the local commission shall survey and study such matters as the following:
(a) Use of land, preservation of agricultural and forestal land, production of
food and fiber, characteristics and conditions of existing development, trends
of growth or changes, natural resources, population factors, employment and
economic factors, existing public facilities, drainage, flood control and flood
damage prevention measures, transportation facilities, the need for housing,
and any other matters relating to the subject matter and general purposes of
the comprehensive plan.
(b) Probable future economic and population growth of the territory and
requirements therefor.
(2) The comprehensive plan shall recommend methods of implementation.
Unless otherwise required by this chapter these may include but need not be
limited to:
(a) An official map;
(b) A capital improvements program;
(c) A subdivision ordinance; and
(d) A zoning ordinance and zoning district maps.
(e) (Repealed.]
The requirement for the local commission to Survey and study production of
food and fiber in the preparation of a comprehensive plan shall not affect any
comprehensive plan adopted prior to January one, nineteen hundred eighty-
one. (Code 1950 (Suppl.), ~ 15-964.1; 1962, c. 407; 1975, c. 641; 1977, c. 2`l8;
1980, c. 322; 1981, c. 418.)
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15.1-456. Legal status of plan. - (a) Whenever the local commission
shall have recommended a comprehensive plan or part thereof for the county
LOCAL PLANNING LEGISLATION
or municipality and such plan shall have been approved and adopted by the
governing body, it shall control the general or approximate location, character
and extent of each feature shown on the plan. Thereafter, unless such feature
is already shown on the adopted master plan. or part thereof or is deemed so
under paragraph (d), no street, park or other public area, public building or
public structure, public utility facility or public service corporation facility
other than railroad facility, whether publicly or privately owned, shall be
constructed, established or authorized, unless and until the general location
or approximate location, character, and extent thereof has been submitted to
and approved by the local commission as being substantially in accord ~ with
the adopted comprehensive plan or part thereof. In connection with any such
determination the commission may, and at the direction of the governing body
shall, hold a public hearing, after notice as required by § 15.1-431.
(b) The commission shall communicate its findings to the governing body,
indicating its approval or disapproval with written reasons therefor. The
governing body may overrule the action of the commission by a vote of ~
majority of the membership thereof. Failure of the commission to act within
sixty days of such submission, unless such time shall be extended by the
governing body, shall be deemed approval. The owner or owners or their
agents may appeal the decision of the local commission to the governing body
within ten days after the decision of the commission. The appeal shall be by
written petition to the governing body setting forth the reasons for the appeal.
The appeal shall be heard and determined within sixty days from its filing. A
majority vote of the governing body shall overrule the commission.
(c) Widening, narrowing, extension, enlargement, vacation or change of use
of streets or public areas shall likewise be submitted for approval, but paving,
repair, reconstruction, improvement, drainage or similar work and normal
service extensions of public utilities or public service corporations shall not
require approval unless involving a change in location or extent of a street or
public area.
(d) Any public area, facility or use as set forth in paragraph (a) which is
identified within, but not the entire subject of, a submission under either
15.1-475 for subdivision or ~ 15.1-491 (h) for development or both may be
deemed a feature already shown on the adopted master plan, and, therefore,
excepted from the requirement for submittal to and approval by the
commission or the governing body; provided, that the governing body has by
ordinance or resolution defined standards governing the construction, estab-
lishment or authorization of such public area, facility or use or has approved it
through acceptance of a proffer made pursuant to § 15.1-491 (a). (Code 1950,
~~ 15-909, 15-923; Code 1950 (Suppl.), ~ 15-964.10; 1958, c. 389; 1960, c. 567;
1962, c. 407; 1964, c. 528; 1966, c. 596; 1968, c. 290; 1975, c. 641; 1976, c. 291;
1978, c. 584; 1982, c. 39. )
Law Review. -For article. "Virginia Nat- Applied in Board of County Supvrs. v. City
ural Resources Law and the New Vir~irtia of Roanoke, 'L'l0 Va. 195, 257 S.E.2d 781
Wetlands Act," see 30 Wash. & Lee L. Rev. l9 I1g791.
11973).
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STEPS FOR DEVELOPING A FUTURE LAND USE PLAN
1. Population Analysis
2. Existing Land Use Analysis
3. Vacant Land Suitability
- slope
- sewer
4. Growth Initiatives
- where growth will occur
- where growth should occur
5. Development Framework
- urban/rural definition for future year
- urban and rural service delivery for future year
6. Future Land Use Guide
- map, matrix, policies
7. Resource Protect-ion Guide
8. Implementation Strategy
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Services
Water
Sewer
Zoning
Subdivision
Fire
Rescue
School
Library
Park
Refuse
Public
Streets
Examples of Public Service Characteristics
Urban Areas
Public Systems/Limited
Individual Wells
Public Systems/
Limited Septic
-All Uses/Limited
Agricultural
Active
5 Min. travel time
4 Min. travel time
Location: Neighborhood
Concept
Space: Adequate
Capacity
Location: Urban Core
Space: Adequate
Capacity
Location: Less than 1
mi. service
radius
Scale: Neighborhood/
Community
Door-to-door pickup
Suburban Areas
Individual Wells/
Limited Public Systems
Individual Septic
Rural & Agricultural
Uses/Others Limited
Limited
10 Min. travel time
8 Min. travel time
Location: Neighborhood
Concept
Space: Adequate
Capacity
Location: Village
Space: Adequate
Capacity
Location: Less than 15
mi. service
radius
Scale: Community/
District
Bulk pickup
Urban VDOT standards
Rural VDOT standards
-8-
Plan Implementation
FIGURE VI. AC'T'ION PROGRAM I'I2IORI"CIEs
AC"PION I'KOGRA~i
1. ZONING ORDINANCE
2. SUBDIVISION ORDINANCE
3. CUMPREi-IENSIVE DEVELOPMENT CODE
4. PROPERTY MAINTENANCE CODE
5. ORGANIZATION
6. PLANNING COMMISSION
7. APPEARANCE IMPROVEMENT
8.. BOARD OF ZONING APPEALS
9. CAPITAL FACILITIES PLANNING
10. CAPITAL FACILITIES REVIEW
11. STAFF REPORTS
12. COMMUNITY AND AREA PLANS
13. PLANNING INFORMATION MANAGEMENT
14. NEGOTIATION
1S. CODE ENFORCEMENT
IG. COOPERATIVE PLANNING MEETINGS
17. CAPITAL IMPROVEMENTS PROGRAMMING
18. ANNUAL ACTION PROGRAM
19. GROWTH MANAGEMENT
20. DIFFERENTIAL TAXATION/FEES
21. GRANTS
22. RLIIABILITAT[ON TAX INCEN'T'IVES
23. .SPECIAL ASSCSSMENTS
24. TAX INCREMENT FINANCING
2S. AGRICULTURAL & FORESTAL DISTRICT'S
2G. TAX BASE MANAGEMEi1`"I'
27. PRIVATE INVES"TMENI'
28. CfTI7_GN PARTICIPA'I~ION
29. NON-PROFIT AGENCIES
30. LAND CONSERVANCY
I'RIORI'I'Y
FIRST SECOND ONGOING
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Nature and Purpose of Zoning
§ 15.1-4E6 LOCAL PLANNING LEGISLATION § 15,1.4$8
ARTICLE $.
Zoning.
$ 15.1-486. Zoning ordinances generally; jurisdiction of counties and
municipalities respectively. -The governing body of any county or
municipality may, by ordinance, classify the territory under its jurisdiction or
any substantial portion thereof into districts of such number, shape and size
as it may deem best suited to carry out the purposes of this article, and in each
district it may regulate, restrict, permit, prohibit, and determine the
following:
(a) The use of land, buildings, structures and other premises for agricul-
tural, business, industrial, residential, flood plain and other specific uses;
(b) The size, height, area, bulk, location, erection, construction, reconstruc-
tion, alteration, repair, maintenance,' razing, or removal of structures;
(c) The areas and dimensions of land, water, and air space to be occupied by
buildings, structures and uses, and of courts, yards, and other open spaces to
be left unoccupied by uses and structures, including variations in the sizes of
lots based on whether a public or community water supply or sewer system is
available and used;
(d) The excavation or mining of soil or other natural resources.
(e) (Repealed.)
For the purpose of zoning, the governing body of a county shall have
jurisdiction over all the unincorporated territory in the county, and the
governing body of a municipality shall have jurisdiction over the incorporated
area of the municipality. (Code 1950, §§ 15-819, 15-844; Code 1950 (Suppl.),
15-968; 1962, c. 407; 1966, c. 344; 1969, Ex. Sess., c. 1; 1972, c. ?89; 1975, c.
641.)
Cross references. - As to civil penalties
for violations of zoning ordinances in rnunties
which have adopted the urban rnunty execu-
tive form of government, see 6 15.1-499.1. As
to civil penalties for violations of zoning ordi-
nances in counties which have adopted the
county manager plan of government, see
15.1-687.8.
Editor's note. -The cases in the following
annotation were decided under provisions of
former chapter 24 of Titie 15, now repealed.
Law Review. - For a discussion of consti-
tutional questions arising in zoning cases
during the year 1958-1959, see 45 Va. L. Rev.
1417 (1959). For discussion of fundamental
zoning law, see 46 Va. L. Rev. 362 (19601. For
note entitled "Planning for Preservation in
Virginia," see 51 Va. L. Rev. 1214 (1965). For
article, "Airport Easements," see 54 Va. L.
Rev. 355 11968I' For note on setback lines, see
10 Wm. & &lary L. Rev. 739 (1969). For an
article on state constitutions and the environ-
ment, see 58 Va. L. Rev. 193 (1972). For an
article on siting electric power facilities, see 58
Va. L. Rev. 25? (1972). For article, "Virginia
Natural Resources Law and the New Virginia
Wetlands Act," see 30 Wash. & Lee L. Rev. 19
(1973). For survey of Virginia property law for
the year 1973-1974, see 60 Va. L. Rev. 1583
(1974). For note on recent decision, "Zoning -
Virginia Defines Scope of Local Power to
Impose Dedication and Land Use Require-
ments Upon Individual Landowners -Board
of Supervisors v. Rowe, 2r6 Va. 128, 216
S.E.2d 199 (1975)," see 10 U. Rich. L. Rev. 440
(1976). For survey oC Virginia law on munici-
pal corporations for the year 1975-1976, see 62
Va. L. Rev. 1455 (1916); for the year
1977-1978, see 64 Va. L. Rev. 1487 (1978). For
comment on challenging rezoning in Vir-
ginia, see 15 U. Rich. L. Rev. 423 (1981). For
article on conditional zoning in Virginia, see
16 U. Rich. L. Rev. 117 11982).
I. General Consideration.
II. Classification.
III. Interim Ordinances.
IV. Specific Examples.
A. Ordinances Held Arbitrary.
B. Ordinances Upheld.
1~
15.1-491.1. Conditional zoning; declaration of legislative policy and
findings; purpose. - It is the general policy of the Commonwealth in
accordance with the provisions of~~' 15.1-489 to provide for the orderly
development of land, for all purposes, through zoning and other land
development legislation. Frequently, where competing and incompatible uses
conflict, traditional zoning methods and procedures are inadequate. In these
cases, more flexible and adaptable zoning methods are needed to permit
differing land uses and the same time to recognize effects of change. It is the
purpose of ~§ 15.1-491.1 through 15.1-491.4 to provide a more flexible and
adaptable zoning method to cope with situations found in such zones through
conditional zoning, whereby a zoning reclassification may be allowed subject
to certain conditions proffered by the zoning applicant for the protection of the
community that are not generally applicable to land similarly zoned. The
provisions of this section and the following five sections shall not be used for
the purpose of discrimination in housing. (1978, c. 320. )
Cross reference. -For definition of "condi-
tional zoning." see J 15.1-431).
Law Review. -For survey of Virginia law
on municipal corporations for the year
1977-1978, see 64 Va. L. Rev. 1487 (1978). For
article on conditional zoning in Virginia, see
16 U. Rich. L. Rev. 117 (198'l).
Application and construction of
#~ 15.1.491.1 to 15.1--191.6. -Clause 2 of Acts
1978, c. 3'L0, which amended ~ 15.1-430 and
added ~~ 15.1-491.1 to 15.1-491.6, provides:
"That the provisions of this act shall not be
efTective as to those counties, cities or towns
specified in paragraph lal of J 15.1-491 unless
and until adopted in whole or in part by
amendment of the zoning ordinance. The provi-
sions of this act are permissive and shall not be
construed to limit or restrict the powers other-
wise granted to any county, city or town, nor to
affect the validity of any ordinance adopted by
any such county, city or town which would be
valid without regard to this act."
~ 15.1-491.2. Same; conditions as part of a rezoning or amendment to
zoning map. - A zoning ordinance may include and provide for the
voluntary proffering in writing, by the owner, of reasonable conditions, prior
to a public hearing before the governing body, in addition to the regulations
provided for the zoning district or zone by the ordinance, as a part of a
- l 1. -
§ 15.1-491.3 LOCAL PLANNING LEGISLATION § i5.1-491.4
rezoning or amendment to a zoning map; provided that (i) the rezoning itself
must give rise for the need for the conditions; (ii) such conditions shall have a
reasonable relation to the rezoning; (iii) such conditions shall not include a
cash contribution to the county or municipality; (iv) such conditions shall not
include mandatory dedication of real or personal property for open space,
parks, schools, fire departments or other public facilities not otherwise
provided for in subdivision A (f) of § 15.1-466; (v) such conditions shall not
include payment for or construction of off-site improvements except those
provided for in subdivision A (j) of § 15.1-466; (vi) no condition shall be
proffered that is not related to the physical development or physical operation
of the property; and (vii) all such conditions shall be in conformity with the
comprehensive plan as defined in § 15.1-446.1. Once proffered and accepted as
part of an amendment to the zoning ordinance, such conditions shall continue
in full force and effect until a subsequent amendment changes the zoning on
the property covered by such conditions; provided, however, that such
conditions shall continue if the subsequent amendment is part of a compre-
hensive implementation of a new or substantially revised zoning ordinance.
(1978, c. 320; 1982, c. 293.1
Cross reference. - As to application and
construction of ~~ 15.1--191.1 to 15.1-491.6, see
the note to ~ 15.1-491.1.
Burden on landowner in rezoning action.
- When a landowner has been denied rezoning
and he challenges the denial, his threshold
burden of proof requires a clear demonstration
that the existing zoning classification is nn
longer reasonable or appropriate. Board of
Supvrs. v. International h'uneral Sews., Inc..
2'll Va. 840, 275 5.E.2d 586 i 1981 i.
§ 15.1-491.3. Same; enforcement and guarantees. -The zoning admin-
istratorshall be vested with a!1 necessary authority on behalf of the governing
body of the county or municipality to administer and enforce conditions
attached to a rezoning or amendment to a zoning map, including tii the
ordering in writing of the remedy of any noncompliance with such conditions;
(ii) the bringing of legal action to insure compliance with such conditions,
including injunction, abatement, or other appropriate action or proceeding;
and (iii) requiring a guarantee, satisfactory to the governing body, in an
amount sufficient for and conditioned upon the construction of any physical
improvements required by the conditions, or a contract for the construction of
such improvements and the contractor's guarantee, in like amount and so
conditioned, which guarantee shall be reduced or released by the governing
body, or agent thereof, upon the submission of satisfactory evidence that
construction of such improvements has been completed in whole or in part.
Failure to meet all conditions shall constitute cause to deny the issuance of
any of the required use, occupancy, or building permits, as may be
appropriate. (1978, c. 320; 1983, c. 221.)
Cross reference. - As to application and
construction of 1~ 15.1-49L1 to 15.1-491.6, see
the note to ~ 15.1-491.1.
§ 15.1--191.4. Same; records. -The zoning map shall show by an
appropriate symbol on the map the existence of conditions attaching to the
zoning on the map. The zoning administrator shall keep in his office and make
available for public inspection a Conditional Zoning Index. The Index shall
provide ready access to the ordinance creating conditions in addition to the
regulations provided for in a particular zoning district or zone. (1978, c. 320. i
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Conditional Zoning
-Mechanics of conditional zoning
-Seven steps
-Recognizing adopted community development objectives and
policies
-Communicating these objectives to the applicant
-Submitting the conditions--public hearings--acceptance
by governing body
-Entry into index, placement on official zoning map
-Site plan review
-Inspection prior to issuance of certificate of occupancy
-Monitoring and inspection to ensure continued compliance
Focusing on the steps within the conditional zoning process
-Recognizing community development policies
-Land development policies contained within the Roanoke
County Development Plan
-Communicating with the applicant, beginning the rezoning
process
-The rezoning application package
-Letter of application
-Legal forms, including statement of conditions
-Fee
-Concept Plan (The foundation of proffered conditions)
-List of adjacent properties
-Rezoning signs
-Preparing proffers of conditions
-Land use, design, performance standards
-Example: a corporate headquarters environment
-Staff review of the applicant's proposal
-Field inspection
-Rezoning impact assessment completed
-Staff report prepared and forwarded to Planning Commission
and governing body, made available to applicant
-Planning Commission recommendation
-Agenda notebook prepared
-Planning Commission views each site
-Planning Commission public hearing convenes
-Proffers of condition may be negotiated verbally
-Governing body takes action
-Proffers of condition are presented in writing and accepted
-Zoning Administrator's record
-Final order and proffers are recorded
-Index prepared, official zoning map is changed and dated
-Implementation and enforcement--after a conditional rezoning
is approved
-Site plan review
-Site plan review procedures
-Check of conditions offered and accepted
-Check of areas, setbacks, heights, coverage, open space,
signs, lighting, parking, screening and buffering, flood
plains, building details, property lines, street names
-Comment sheet
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LAND USE CATEGORY: TRANSITION
POLICY TR-1: PREVENT HAPHAZARD COMMERCIAL SPRAWL ALONG
MAJOR HIGHWAY STRIPS.
POLICY TR-2: ENCOURAGE NEW RETAIL USES TO DEVELOP IN
PLANNED SHOPPING CENTERS OR IN PLANNED GROUPINGS OF
INDEPENDENT BUILDINGS.
POLICY TR-3: WHERE OPPORTUNITY EXISTS, RESERVE FRONTAGE
STRIPS FOR MAJOR OFFICE FACILITIES.
POLICY TR-4: ENCOURAGE THE DEVELOPMENT OF PLANNED
RESIDENTIAL PROJECTS WITH CONTROLLED, COMMON ACCESS TO
MAJOR FRONTAGE STREETS; CONVERSELY, DISCOURAGE THE
SUBDIVISION OF INDIVIDUAL FRONTAGE LOTS FOR SINGLE
FAMILY HOUSING.
POLICY TR-5: LIMIT THE CONVERSION OF DETACHED HOUSING
UNITS INTO RETAIL AND OFFICE USES, UNLESS SITES ARE
COMBINED TO CREATE UNIFIED DEVELOPMENT PROJECTS.
POLICY TR-6: PERMIT, TO A VERY LIMITED EXTENT, THE
DEVELOPMENT OF LIGHT INDUSTRIAL PARKS PROVIDED
EXCEPTIONAL DESIGN MEASURES WOULD ASSURE COMPATIBILITY
WITH ADJACENT PROPERTIES.
POLICY TR-7: COORDINATE VEHICULAR AND PEDESTRIAN
MOVEMENT AMONG ADJACENT SITES: PROVIDE SHARED ACCESS AND
PARKING AGREEMENTS WHERE POSSIBLE, LIMIT THE FREQUENCY OF
DRIVEWAY OPENINGS, AND ESTABLISH MINIMUM FRONTAGE LOT
WIDTHS.
POLICY TR-8: ENHANCE THE QUALITY OF HIGHWAY FRONTAGE
DEVELOPMENT, PARTICULARLY WITH RESPECT TO THE FOLLOWING
ITEMS:
POLICY TR-9: PROVIDE STRICT SCREENING AND BUFFERING
STANDARDS ALONG THE REAR PROPERTY LINES WHERE FRONTAGE
DEVELOPMENT BACKS UP TO LESS INTENSIVE RESIDENTIAL USES.
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POLICY TR-8: ENHANCE THE QUALITY OF HIGHWAY FRONTAGE
DEVELOPMENT, PARTICULARLY WITH RESPECT TO THE FOLLOWING
ITEMS:
Signs should be kept to a minimum and not distract
passing motorists.
Front yards should be landscaped and maintained.
Outstanding vistas should be protected.
Natural site features should be conserved as
amenities to development.
Building facades should be prominent from street
view, rather than signs, parking lots, and
driveways.
LAND USE APPLICATION:
All land uses.
INTENT:
To protect the visual character of highway frontage.
To coordinate the design of individual projects.
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Recognizing Adopted Community Development
Policies:
-signing, parking lots, site layout, screening and buffering,
beautification, access control, environmental quality
URBAN DESIGN
SIGNAGE
• Messes ~. Limit the length of the message so that a passing
motorist can read the sign within three to four seconds.
• Shape. Use simple geometric shapes or combination of shapes.
• Size. Use the minimum size necessary to accommodate the
message.
Layout. Reflect good taste and aesthetics, paying attention
to:
consistency of lettering style,
adequate spacing of letters, words, and lines,
effective use of contrasts,
use of logos and symbols,
compatible coloring, and
complementary style with building architecture.
• Illumination. Illuminate for the sole purpose of making the
sign visible at night, when nighttime business hours require
advertisement.
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DESIGN OF SIGNS
2~0 ~aG~
SERVING LUNCH ~ DINNER
~u,~~tiy ~.N Hou~y
~fertorhm ~ SPecf
Proposed Design
210BI
1r1EST
Alternative
- 17 -
Limited Message
Simple Geometric Shape
Consistency of Lettering Style
Adequate Spacing
PARKING LOTS
~ Landscaping
Screen parking lots from street view. Landscape the
perimeters and interiors of parking. lots. Separate long rows
of spaces with planting islands. The heights of plantings
should not interfere with sight distances at driveway openings
and street intersections.
• Location
Encourage businesses to locate parking to the rear and sides
of buildings. Street frontage should be devoted to building
architecture and landscaping.
• Lighting
Parking lot lighting should be directed to the interior of the
lot and not project glare onto the street or adjacent
properties. Height of lighting should be consistent with
the scale of adjacent buildings.
• Shared Parking
Encourage adjacent businesses to share parking and access.
Discourage access barriers in parking lots of adjacent
businesses.
- 18 -
PARKING LOT LANDSCAPING
i
j ,.~- 1//////////
--- -~
~ %
/ ,~ i
L.-------........J
fir/
~~
1'~
/ Perimeter Landscaping
Interior Landscaping
% Separate Long Rows of
/• Parking Spaces
- 19 -
SITE LAYOUT
Building Orientation and Setback
• Buildings should be prominent from the public street view,
using the building architecture as a means of business
advertisement.
• Setbacks should be determined according to the-ultimate
right-of-way, accounting for any future street widenings.
Building Scale
• Tall buildings should be limited to Core locations except
in Transition areas where additional landscaped yards are
maintained on large properties.
• Size of buildings on small parcels should approach a
residential scale.
Lot Coverage
• Total lot coverage should be far less in Transition ar~~as
than in Core areas.
Planned Buildin Groups
• Encourage the development of unified groupings of small
scale buildings for retail and office uses rather than
piecemeal development of small business and office sites.
-20-
of Small Sites
- 21 -
Individual Development
Planned Building Group
SCREENING AND BUFFERING
Encourage the protection of single .family neighborhoods from
intensive development of frontage parcels in accordance with
the County's zoning requirements for screening and buffering.
A summary of those requirements follows:
Screening and Buffering
Frontage Develo ment
- Protection to
Single Family Residences
1. Duplex, townhouse,
multifamily • 4 foot high screenin
l
residential 7 foot wide buffer yardW
planted
• with small evergreen trees; or
15 foot wide buff
er yard, planted
with small evergreen trees and
one row of evergreen shrubs
2. Office and
Institutional • 6 foot high screenin
t
15 foot wide buffer yard,
planted
with small evergreen trees; or
• 25 foot wide buffer yard, planted
with small evergreen trees and
one row of evergreen shrubs
3. Retail • 6 foot high screenin
9
ithin a
ard
25 foot wide buffer
plorted
with large everg
y
• reen
trees
35 foot wide buffer yard, planted
with large evergreen trees and
small evergreen trees
- 22 -
BEAUTIFICATION
Public Landscaping
• Create a landscaped entryway into Roanoke County at the
Tanglewood Core.
Private Initiatives
• Encourage private sector initiatives to beautify
individual properties.
-23-
TRANSPORTATION
ACCESS
Frequency of Driveways
• Access should be limited to one ingress/egress per 300
feet of lot frontage.
Driveway Spacing
• Spacing of driveways should approach 300 feet where
feasible.
• Re-subdivision of wide frontage properties to lots of less
than 300 feet width should be avoided unless all
properties share access among private drives or dedicated
public frontage roads.
Access Controls
• Control access to small individual parcels by use of:
parallel frontage road access,
shared access, and
reverse frontage access.
TRAFFIC IMPACT
Evaluate the traffic impact of frontage developments and take
measures to decrease the flow into adjacent residential
neighborhoods.
-24-
ACCESS CONTROLS
a. Parallel Frontage Road
~ ~~~~
~' ® t
;,.
Rt ¢l9
b, Shared Access
c. Reverse Frontage Road
,~,
.,.
- 2 5 -
ENVIRONMENTAL QUALITY
SLOPE PROTECTION
• Re"strict development on large land areas of steep slopes.
• Use areas of steep slope as natural amenities to development.
• Preserve natural swales to assist drainage.
TREE PROTECTION
• Restrict development on large land areas of mature tree
cover.
• Use mature tree cover as natural amenities to development.
• Preserve mature tree cover to control the rate of stormwater
runoff.
FLOODPLAIN AND STREAM PROTECTION
~ Restrict development of floodplains and streams.
• Use floodplains and streams as natural amenities to
development.
• Preserve floodplains and streams to assist drainage.
- 26 -
REZONING
APPI~iCATION PACKAGE
ANp~
z
w d~
327Ac 9
R _ 2oAc 1838 ~ .. 1
13 q I
2011 ~~
12
._~ u A -~ TO ~.
19
~.e3 ~ col 1
s.ss ~ccl
u
~ 3.0 At
094c ~. 33 $
\ 397AC. 303At
\ i3 B-2 B-1
~~`~~
~~
~ 32 36 b
238 AC i.iiaK. ~ 9
ROANOKE COUNTY
VIRGINIA
-27-
Revised Nov. 1937
ROANORE COUNTY
REQUIREMENTS FOR REZONING APPLICATION
1. Consultation with the County planning staff to review the
feasibility of the proposal and to obtain recommended procedures
and technical assistance.' Also, adjacent property owners should
be contacted to determine the acceptability of the rezoning.
2. Application Form typed and signed, including owner's consent.
3. Letter of Application stating in general terms:
(a) the change in use and zoning of the property,
(b) the effect of the changes on the surrounding area,
(c) the reasons for the rezoning, such as changed conditions in
the area or increased need for the proposed land use, and
(d) the consistency of the rezoning with the Land Use Plan.
4. Legal Forms including Petition, Proffer of Conditions (if any),
Recommendation, and Final Order. The staff will approve the
content and assist with the proper filing order of each form.
5. Application Fee of $5.00 per acre (or portion) plus:
$115 for rezoning to A-1, RE, or R-1
$150 for rezoning to R-2 through R-6, R-MH or B-1 through B-3
$140 for rezoning to M-1 through M-3
$145 for a PUD amendment or a Use Not Provided For
$ 70 for an amendment of zoning conditions
6. Concept Plan - an 8~" x 11" scaled drawing of the project.
(See attached Concept Plan Instructions.)
7. List of Adjacent Properties including owners' names and addresses
of all adjoining properties and those directly across any public
right-of-way.
(Refer to County tax records in the County Assessor's office.)
8. Rezoning Signs to be posted at clearly visible locations along the
street frontage of the property to be rezoned.
(Issued at the Department of Planning & Zoning office following
receipt of the completed application.)
9. For further information or assistance, please contact the County
planning staff at:
Department of Planning & Zoning
Room 600, Roanoke Administration Center
3738 Brambleton Avenue, S.W.
P.O. Box 29800
Roanoke, VA 24018-0798
(703) 772-2094
ALL REQUIRED ITEMS MUST BE SUBMITTEpD BEFORE THE APPLICATION DEADLINE.
LO
REZONING
CONCEPT PLAN INSTRUCTIONS
Purpose: The concept plan is to graphically depict the concept or
reasons behind the zone change and to indicate the type of development
which might result. Further, the plan might address any potential land
use and design problems which could result if the property is rezoned.
In such cases, the applicant may proffer conditions to limit the future
use and development of the property and by so doing, correct any
deficiencies that may not be manageable by County permitting
regulations.
Limitations: The concept plan should not be confused with the site
plat is (in most cases) required prior to the issuance of a
building permit but after the property is rezoned. Site plan
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, the concept plan
may be altered to the extent permitted by zoning district and other
regulations.
Preparation: A concept plan is required with all rezoning 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 staff may exempt some of the items or suggest the addition of
extra items, but in general, the following are considered minimum:
Project title, name of applicant, and project designer.
Date, north arrow, and graphic scale.
8~" x 11" in size (larger drawings must be reduced).
Lot size in acres or square feet and dimensions.
Adjacent streets, alleys, railroads, water bodies, etc.
Locations, dimensions, floor areas and heights of all structures.
For residential projects, the number, type, and size of dwelling
units, the gross density, and the location, size, and type of
recreational amenities.
Location and dimensions of driveways, off-street parking spaces,
and loading facilities.
Outstanding natural features to be conserved, such as slope,
ground cover, surface water, floodplain, etc.
Location and description of screening and buffering along the lot
perimeter (if proposed).
Signs, including type, area, height, placement on site, and
detailed drawing.
Building elevations or renderings and description of landscape
improvements (optional).
Description of landscape improvements (optional).
-29-
ROANORE COUNTY REZONING PROCESS
Step 1 Preapplication
a. The applicant consults the County staff for advisory assistance
and to receive application materials and instructions.
b. The applicant confers with neighboring property owners to review
the proposal.
Step 2 Application
a. The applicant submits the completed application materials to the
Department of Planning & Zoning within. 30 or more days before the
Planning Commission hearing. The application is filed and kept
open for public inspection.
b. The applicant is issued rezoning signs and posts the signs on the
property within two weeks prior to the Planning Commission hearing.
The property is kept posted for a period of at least one week
after the Planning Commission hearing.
c. The Department of Planning & Zoning- gives public notice of the
rezoning by writing to adjoining property owners and by legal
advertisement in the afternoon edition of the Roanoke Times
~Iorld-News. The legal ad is published on two consecutive Tuesdays
before the Planning Commission hearing.
Step 3 Staff Review
a. The County staff conducts a field inspection of the property and
surrounding neighborhood.
b. The application is reviewed by various County departments as well
as the Virginia Department of Transportation.
c. The review comments and findings from the field inspection are
compiled into a Staff Report to the Planning Commission and Board
of Supervisors.
Step 4 Planning Commission Recommendation
a. The Department of Planning & Zoning prepares an agenda packet
containing a staff report, zoning and land use vicinity map,
letter of application, concept plan, and related information for
each case. On the Friday afternoon before the hearing, copies of
the packet are hand delivered to the Commissioners and are made
available to the applicant and public.
b. On the afternoon of the public hearing date, the Planning
Commission convenes to review each proposal and conducts a field
inspection of each property.
- 3 0 -
c. The public hearing of the Planning Commission is called to order.
For each case, the applicant presents the request; public comments
are heard; the merits are discussed; and the Planning Commission
votes a recommendation for approval or denial to the Board of
Supervisors. A decision to continue the hearing of any case to a
subsequent date must be submitted in writing by the applicant to
the Department of Planning & Zoning by noon on the Thursday before
the scheduled hearing date. A withdrawal can be submitted in
writing to the Planning Commission up to the moment the case is
scheduled to be heard.
d. The public hearing of the Board of Supervisors is called to order.
The Board reviews the packet; the applicant presents the request;
public comments are heard; the merits are discussed; and the Board
votes on a final order to approve or deny the rezoning.
Withdrawal or request to continue the hearing to a subsequent date
may be made up to the moment of the scheduled hearing.
Step 5 Board of Supervisors Action
a. Within 90 days following the Planning Commission hearing, the
applicant records the Planning Commission recommendation on the
forms, Proffer of Conditions (if any), Recommendation, and Final
Order; receives approval of the content by the Secretary to the
Commission; and files the approved forms with the County Clerk of
the Board of Supervisors.
b. The County Clerk schedules a public hearing before the Board of
Supervisors, and the applicant publishes the legal notice of the
hearing in the afternoon edition of the Roanoke Times & World-News
for two consecutive Tuesdays before the public hearing. A
schedule for Board of Supervisors public hearings and application
deadlines is attached.
c. The Department of Planning & Zoning forwards the Planning
Commission recommendation, minutes of the hearing, staff report,
zoning and land use vicinity map, concept plan, and related
information to the County Clerk, and the County Clerk prepares an
agenda packet for distribution to the Board of Supervisors.
d. The public hearing of the Board of Supervisors is called to order.
The Board reviews the packet; the applicant presents the request;
public comments are heard; the merits are discussed; and the Board
votes on a final order to approve or deny the rezoning.
Withdrawal or request to continue the hearing to a subsequent date
may be made up to the moment of the scheduled hearing.
Step 6 Zoning Administrator's Record
a. If approved for rezoning, the County Clerk forwards the Final
Order and Proffer of Conditions (if any) to the Zoning
Administrator for recordation of the change.
b. The Zoning Administrator enters the rezoning on the Official
Zoning Map and files the Final Order and Proffer of Conditions (if
any) in the Conditional Zoning and Final Order Index.
- 3? -
a'-~n~F OF P[JBS,IC HEARINGS
PLANNING COMMISSION
APPLICATION DFrADLINE HEARI191 DATE
December 7, 1987
January 4, 1988
February 1, 1988
March 7, 1988
April 4, 1988
May 9, 1988
June~6, 1988
July 5, 1988
August 8, 1988
September 6, 1988
October 3, 1988
November 7, 1988
January 5, 1988
February 2, 1988
March 1, 1988
April 5, 1988
May 3, 1988
June 7, 1988
July 5, 1988
August 2, 1988
September 6, 1988
October 4, 1988
November 1, 1988
December 6, 1988
HQARD OF SUPIItPISORS
APPLICATION DEAAT_~• F~ARIIS DATE
January 6, 1988
February 3, 1988
March 2, 1988
April 6, 1988
May 4, 1988
June 8, 1988
July 6, 1988
August 3, 1988
September 7, 1988
October 5, 1988
November 2, 1988
December 7, 1988
January 26, 1988
February 23, 1988
March 22, 1988
April 26, 1988
May 24, 1988
June 28, 1988
July 26, 1988
August 23, 1988
September 27, 1988
October 25, 1988
November 22, 1988
December 27, 1988
All meetings are held in the CaYmunity Roam at the Roanoke County Administration Center,
beginning at 7 p.m.
Applicants are required to attend.
- 3 2 -
. N8
Proffers of Conditions
-Land use, design, commercial performance standards
VIRGINIA:
BEFORE_THE BOARD OF COUNTY SUPERVISORS OF
IN RE:
PROFFER OF
A 7.6 acre parcel of land generally ) CONDITIONS
located northeast of intersection of )
McVitty Road and Route 419 within the )
Windsor Hills Magisterial District, )
and recorded as Parcel 76.16-1-35, )
Parcel 76.1b-1-36, and Parcel )
76.16-1-37, in the Roanoke County Tax )
Records. )
TO THE HONORABLE SUPERVISORS OF ROANOKE COUNTY:
Being in accord with Sec. 15.1-491.,1 et seq. of
~i
the Code of Virginia and Sec. 21-LOSE of the Roanoke County
Zoning Ordinance, the Petitioner, Bruce Hobart, hereby
voluntarily proffers to the Board of Supervisors of Roanoke
County, Virginia, the following conditions to the rezoning
of the above-referenced parcel of land.
(1) That the property will be developed in accor-
dance with the site plan prepared by Ernie Rose, Inc. -
Architects, Richmond, Virginia, submitted herewith and made'.
a part hereof.
(2) That all lighting in parking areas will be
directed away from adjacent residential area.
(3) That the citizens will have an opportunity to
ISTERNOUOT, FERGUSGN
NAT i, ANERON 6 AGEE
ATTORNEYS-AT-LAW
RUANOKE, VIRGINIA
24GIG-IG97
determine, if they so desire, the method of screening and
buffering from properties in adjacent residential area.
II ( 4 ) `i'ha t Pc~ t i t Toner wi 11 review the drainage
situation involving said property and, if feasible, agrees
-33-
NS
~ to implement drainage facilities to retain or detain more
ttlan the two-year storm required by Roanoke County and
consider retention or detention for a tenth year storm.
(5) If the property is developed in phases, the
Petitioner will not denude the remaining undeveloped land
until development in that area commences.
(6) The Architecture shall be of brick and glass
construction similar to the photographs submitted with
Petition.
(7) Petitioner agrees to work with the County
staff regarding the development of the project to insure
that adequate traffic patterns and traffic flow are
utilized.
(8) That all signage will be asthetically
pleasing and of a reasonable size.
Respectfully submitted,
BRUCE HOBAP.T
By _
0 Counsel
Edward A. Natt, Esquire
Usterhoudt, Ferguson, Natt,
Aheron & Agee, P.C.
1919 Electric Road, S.W.
Roanoke, VA 24018
STERHOUOi, FERGUSON
IATi, AHERON S AGEE
ATTORNEYS-AT-LAW
ROANOKE, VIRGINIA
24019-1697 I
-34-
,~
STAFF REPORT
Case #: 17-6/86
Petitioner: Bruce Hobart
Reviewed by: Rob Stalzer Date: May 28, 1986 -~ 6~3~~C6 ~,~~~,
Petition of Bruce Hobart to rezone a 7.6 acre tract from ~~
R-1, Residential, to B-1, Business to construct an office
complex, located northeast of the intersection of McVitty Road
and Route 419 (across Rt. 419 from Winterberry Pointe) in the
Windsor Hills Magisterial District.
1. NATURE OF REQUEST
a. Conditional request to construct an office park on
approximately 7~ acres.
b. Attached concept plan describes project more fully.
c. Site plan review will be required to insure compliance wi4kh
County regulations.
d. VDH&T commercial entrance permit will be required.
3. SITE CHARACTERISTICS
a. Topography: Gently sloping towards VA Route 419.
b. Ground Cover: Heavily vegetated with trees and bushes.
4. AREA CHARACTERISTICS
a. Future Growth Priority: Situated within--the-Windsor Hills
Community Planning area. Designated as a stable growth
area, currently served by urban services.
b. Parcel situated immediately adjacent to VA Route 419,' a
heavily traveled major arterial highway, and to an existing
single family detached dwelling subdivision.
c• General area is developed primarily with _low_..to _-moderate
density residential uses.
5• LAND USE IMPACT ASSESSMENT
Rating: Rate each factor according to the impact of the
proposed action. Use a scale of 1 through 5:
1 = positive impact, 2 = negligible impact,
3 = manageable impact, 4 = disruptive impact,
5 = severe impact, and N/A = not applicable.
- 3 5 -
Ra-g Factor
LAND USE COMPATIBILITyComments
4 A• Comprehensive Plan: 1985 Comprehensive Development Plan has
placed this parcel within a Development land use category.
Office park uses are permitted to a limited degree as part
of a planned community development that also includes--.middle
density development and may include neighborhood shopping
centers and supporting retail development. Planned
community development areas require a very large tract size
(25 acres or more) in which approximately 10$ would be set
aside for office use. Ideally petitioner's request would be
best suited for Transition land use category in which office
parks are highly encouraged. A logical argument may be
presented that this parcel should be designated as
Transition by the Land Use Plan map because of the existence
of the following land use determinants:
frontage ( 2 ) surrounding land use ( 3 ) to o ra(h ) h i ghway
sector. Two other determinants used to def(~neu the
Transition land use category are more subtle: (1) land use
pattern (2) existing zoning.
3 B. Surrounding Land: Adjoins heavily traveled
and is surrounded by low density residential developmentghway
3 C. Neighboring Area: Primarily residential. However, a small
parcel of B-1 Business was recently rezoned on the west side
of 419 approximately across from the petitioner's
This property had been previously designated pastya
Development land use area and was reconsidered for
Transition purposes.
2 D. Site Layout: The proposed site layout emphasizes many of
the policy considerations contained within the Transition
land use category, i.e., limited access oints,
of building facades, parking to the ear androsidese
exaggerated buffering and screening. Less than 40$ of the
total lot area will be covered by buildings or parking.
3 E. Architecture: No rendering submitted.
2 F. Screening and Landscape: As per ordinance.
3 G• Amenities: Ample parking indicated.
3 H. Natural Features: No negative impact.
TRAFFIC
3 I. Street Capacities: Immediate access to VA Route 419 viara
short segment of Old McVitty Road. Petitioner estimates
that between 200-250 people will work in the buildings
therefore ADT will be a minimum of 500+ visitors.
- 3 G -
' 4 J. Circulation: VDH&T states that the entrance off of 419 must
line up with the McVitty Road entrance. Petitioner will be
required to put in a left hand lane for southbound traffic
on 419. Development will create a significant increase _in
traffic generation that will pass through an unsignaled
intersection.
UTILITIES
4 K. Water: Marginal supply, adequate distribution.
4 L. Sewer: Adequate treatment, marginal transmission.
DRAINAGE
3 M. Basin: Adjacent to Mud Lick Creek which has experienced
serious down stream flooding problems.
3 N. Flood Plain
PUBLIC SERVICES
2 0. Fire Protection: Within established service standard.
2 P• Rescue: Within established service standard.
N/A Q. Parks and Recreation
N/A R. School
3 S. Tax Base: Gross revenue
$5,800,000; property taxyrevenue known; property value:
$67,000. Approximately 200-250 /year: approximately
complex. jobs will be housed within
ENVIRONMENT
? T• Air
2 U- Water:
V• Soils
2 W. Noise
- 3 7 -
6. PLAN CONSISTENCY
This area is designated as a Development land use category by the
Land Use Plan map. The petitioner's request for an office park
is not consistent with the determinants cited with the
Development land use category. Staff recommends that the parcel
be evaluated for inclusion within the Transition land use
category. Four of six land use determinants within the
Transition land use category are clearly fulfilled by this
property.
7. STAFF EVALUATION
a. Strengths: (1) Very positive potential impact on local and
regional economic development (2) Facility is accessible to
major arterial highway (3) Site design is compatible with
both surrounding residential development and adjacent
primary highway.
b. Weaknesses: (1) Not currently in conformance with Land Use
Plan designation (2) Significant traffic generation directed
onto a high way that is at or close to carrying capacity (3)
water supply is marginal, sewer transmission capacities are
marginal.
- 33 -
---- ~iciNITY MAP ~
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+, / a ~~
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COUNTY y R - -~ ~~
2
DEPARTMENT OF DEVELOPMENT - :iy - Bruce Hobart
1 7_F /qF p_ i +., o ~
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- QQ -
1
Y
r
LIST:
CONDITIONAL REZONING INDEX AND
RECORD OF FINAL ORDERS
FROM JANUARY, 1978
TO PRESENT
Legend:
C = Conditional Rezoning
Year First two digits
Month Board of Supervisors
Met = Next two digits
File Number = Last two
digits (consecutive)
County of
Department of Development
P. O. Box 3800
Roanoke, VA 24015
- 41 -
1986:
PETITIONER
0860101 Appalachian Power Company
0860102 Charles F. Faggart
0860103 Roanoke Wellness & Fitness Center
0860104 Roy C. Woods
0860105 Susanne B. Royster
0860106 Wendy's of Western, VA, Inc.
0860107 Superintendent of the Dept. of Development
0860201 W. Earle Spruill, Jr.
0860202 Margie B. Looney
0860203 John Lee Davenport
0860301 Board of County Supervisors
0860302 E. E. Carter
0860303 Zoning Administrator of Roanoke County
0860304 Zoning Administrator of Roanoke County
0860305 Q.W. Properties
0860401 Gertrude Lewis & Jessie A. Hanim Twine__
0860402 W. Earle Spruill, Jr.
0860501 Dixie Developers of Virginia
0860502 Dr. Edgar Weaver, Jr'.
860503 Roanoke County Plan. Com./R-4
860504 Roanoke County Plan. Com./Land Use Plan
0860601 Thomas anf Francis Powers _
0860602 Roanoke Advertising & Service Corp.
0860603 Reformation Herald Publishing Association
0860701 Caveness, Inc.
860702 Donald C. Bandy
860703 _ Ambra Development Corporation
860704 Roanoke County Plan. Com./Land Use Plan-419
0860705
O 0860706 Loyal Order of the Moose
Bruce Hobart
860707 H. Ladd Corporation
860708 Roanoke County Plan. Com./LU Mgmt. Guide
0860801 SW VA Shopping Center Association
0860901 Ambra Development Corporation
0860902 Super 8 Motel Developers
0860903 William Conner and Herbert Martin
0860904 James Oliver and Jamie Cox
- 4 2 -
N8
VIRGINIA:
BEFORE THE BOARD OF COUNTY SUPERVISORS OF
COUNTY
IN RE:
A 7.6 acre parcel of land generally ~ FINAL ORDER
located northeast of intersection of )
McVitty Road and Route 419 within the )
Windsor Hills Magisterial District, )
aid recorded as Parcel 76.16-1-35, )
Parcel 76.16-1-36, and Parcel )
76.16-1-37, in the Roanoke County Tax )
Records. )
TO THE HONORABLE SUPERVISORS OF
COUNTY:
WHEREAS, your Petitioner, Bruce Hobart, did
~I
ERHOUDT, FERGUSON
fT, AHERON 6 AGEE
,TTDRNEYS-qT-LA~V
DANDKE, VIRGINIA
240IG-t699
petition the Board of County Supervisors to rezone the
above-referenced parcel of land from R-l, Residential
District to B-l, Office and Residential District, for the
purpose of construction of an office park.
;;WHEREAS, after due legal notice, the Planning
Commission did hold a public hearing of the petition on
June 3, 1986, at which time, all parties in interest were
given an opportunity to be heard; and
WHEREAS, after full consideration, the Board of
County Supervisors determined that the rezoning be granted.
NOW, THEREFORE BE IT ORDERED that the aforementioned
parcel of land, which is contained in the Roanoke County Tax
Maps as Parcel 76.16-1-35, Parcel 76.16-1-36, and Parcel
76.16-1-37 and legally described below, be rezoned from
-43-
N8
R-l, Residential District to B-1, Office and Institutional
District with the proffered conditions being attached
thereto; said property to be rezoned being identified as
Parcel 76.1-16-1-35, Parcel 76.16-1-36 and Parcel 76.16-1-37
on the Roanoke County tax records.
BE IT FURTHER RESOLVED that a copy of this order
be transmitted to the Secretary of the Planning Commission
and that he be directed to reflect that change on the
Official Zoning Map of Roanoke County.
ADOPTED on motion of Supervisor Nickens with proffered
conditions, seconded by Supervisor Brittle
and upon the following recorded vote:
AYES: Supervisors Garrett, Johnson, Nickens, and Brittle
NAYES: None
ABSENT: None
ABSTAINED: Supervisor McGraw
_ ~~G t~-lx:c..~ cal ~Ic~...Q..~
Clerk, Roanoke County Board
of Supervisors
07/30/86
cc: Edward A. Natt, Esquire
Department of Development
Real Estate Assessor
RHDUDT, FERGUSON
', AHERON 6 AGEE
TORNfYS-AT-LAW
ANOKE, VIRGINIA
xaole-1659 - 44 -
N8
VIRGINIA:
BEFORE THE BOARD OF COUNTY SUPERVISORS OF
COUNTY
(~
RNOUOr, FERGUSON
'. AIIERON S AGEE
TORNEI'S-A i•LAW
IANOKC, VIRGINIA
21010•IL79
IN RE:
A 7.6 acre parcel of land enerall ) PROFFER 0r
located northeast of intersection of ~ CCNI)ITIOf~S
1vicViCty Road and Route 419 within the )
Windsor Hills Magisterial District, )
and recorded as Parcel 76.16-1-35, )
Parcel 76.16-1-36, and Parcel )
76.16-1-37, in the Roanoke County Tax )
Records. )
TO THE HONORABLE SUPERVISORS OF COUNTY:
Being in accord with Sec. 15.1-491.1 et seq. of
the Code of Virginia and Sec. 21-1O5E of the Roanoke County
Zoning Ordinance, the Petitioner, Bruce Hobart, hereby
voluntarily proffers to the Board of Supervisors of Roanoke
County, Virginia, the following conditions to the rezoning
of the above-referenced parcel of land.
(1) That the property will be developed in accor-
dance with the site plan prepared by Ernie Rose, Inc. -
Architects, Richmond, Virginia, submitted herewith and made
a part hereof.
(L) That gill lighting in parking areas will be
directed away- ;rom adjacent residenti al area.
(3) That the citizens will have an opportunity to
determine , if they so desire, the me thod of screening and
buffering from pryporties in adjacent reside
ti
l
n
a
area.
- <<<<_~ L ~.~tlroller will review the drainabe
Sltu~it1011 i~~volving sa.i~l pruperty at~d, if feasible, agree;:
-45-
Ns
to implement drainage facilities to retain or detain mire
t(ian the two-year storm required by Roanoke County and
consider retention or detention for a tenth year storm.
(S) If the property is developed in phases, the
Petitioner will not denude the remaining undeveloped land
until development in that area commences.
(6) The Architecture shall be of brick and glass
construction similar to the photographs submitted with
Petition.
(~:
staff regardin;
that adequate
utilized.
(8)
pleasing and of
Petitioner agrees to work with the County
the development of the project to insure
traffic patterns and traffic flow are
Tt1at all signage will be astheCically
a reasonable size.
Respectfully submitted,
BKUCE HOBAP.T
By
0 c~ ounsel _
H0007, FERGUSON
AIIERON 6 AGES
ORNCY$•A T-lAW
N OKE, VIRGINIA
Zv018.1477 ~
3dward A. Nate, Esquire
)sterhoud~:, rerguson, Natt,
Theron E~ Agee , P , C ,
.919 Electric Road, S.W.
:oar~oke, VA 24013
-46-
Official Zoning Map
-~~
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S
-47-
SITE PLAN REVIEW PROCEDURES
1. Check of the site; specific zoning to insure legality of
proposed use in a given district.
2. Check of conditionally rezoned properties to insure application
of proffers.
A. Following confirmation of zoning district and presence or
absence of proffers, any or all (depending upon zoning
district) of the items, or related information, listed
below must be included:
(1) Lot area, frontage, width, and depth (dependent upon
utility availability)
(2) Setbacks
(3) Yards: side, rear, interior, accessory buildings,
corner lots
- (4) Maximum heights
(5) Maximum lot coverage
(6) Minimum open space
(7) Accessory uses
(8) Signs (location and related controls)
(9) Lighting
(10) General landscaping
(11) Off-street parking and loading
(12) Screening and buffering (site and use specific)
(13) Limits of 100 year floodplain
(14) Building details if applicable (number of stories,
square footages, exact location, etc.)
(15) All property lines and zoning of all adjacent tracts
(16) Existing and proposed street names
- 4 F3 -
-- - - -`--r~-••~... v
PR~;_C•Ol-otl,c~p~ Ca DEPARTMENT OF DEVELOPMENT
RPv~~"E _ PLANNING DIVISION
GEt~CT'~' ~ _.._ __.
REVIEW NUMBER: ~..
`~ " DATE RECEIVED: ~/$/~L
REV I EW>D -6Y • T'fN` .~C~-~~~ ~ •`. ~ DATE REV I / t
.. . ~ EwED: q/~/Sw
ITEMS ..
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' SHEE7 OF
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PROJECT: ~I--~NADE ~p~{,o~~.E. _ _ ~ DEPARTMENT OF DEVELOPMENT
~: j PLANNING DIVISION
. _ C.ENT>~,~ ,
REVIEW NUMBER: Z
' _ _ ~ DATE RECEIVED:'I'I/3~$~
REVIEWED 8Y: -1"tN~ ,C3~R1~
DATE REV I EWED: t1~a~g(o
ITEMS
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-PLAN RE.VLE.W COMMENTS
PROJECT:Ga(aN,4~C ~oRPc~,c~~
L EN'T' C }'~
~N
DEPARTMENT OF DEVELOPMENT
PLANNING DIVISION
REV.~I EW NUMBER : {~~y ~
.~ SE~ '~"~~~>< .PL.~ DATE RECEIVED: S/~}/g7
REVIEWED BY; '1-ll~ ~~~
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DATE REVIEWED: s/8/f37
ITEMS
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_ - 51 - ..........................
CtiECK.ED_, 81f ~
o~..a„ ~ DATE S H E E T~_ _ O F
ZONING ENFORCEMENT PROCEDURES
STEP 1: Violation registered on complaint form and referred
i to
nspector for field investigation.
STEP 2: Inspector confirms violation.
STEP 3: Case file established, including complaint form, record
action form
r
d of
,
ecor
of evidence form, and entered
computer data base file. in
STEP 4: Inspector prepares evidence of violation, such
photographs
co as
,
nversation, field inspections.
STEP 5: Property owner sent notice of violation and order to
correct with 7 to 30 day period to comply.
STEP 6: Property is reinspected at lapse of corrective period.
STEP 7: ~If violation is not corrected, the file is forwarded to the
Commonwealth'
s Attorney for additional notice.
STEP 8: If violation continues, criminal charges are filed i
General District Court. Civil action may also
instituted b
the C n
be
y
ounty Attorney.
STEP 9: Court judgment.
- 52 -
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-53-
TABLE IV. 1986 COURT CASES
Comes
1. Public Nuisance
2. Violation of Auto Graveyard Permit
3. Public Nuisance
Unlawful Disposal of Rubbish
Illegal Landfill
4. Unlawful Disposal of Rubbish
5. Unlawful Disposal of Rubbish
Inoperative Nbtor Vehicle
Public Nuisance
6. Public Nuisance
7. Public Nuisance
8. Unlicensed Vehicle
9. Public Nuisance
10. Public Nuisance
Court Action
Continued until 1987
Convicted and fined $100;
violation corrected
Convicted on all charges and fined
$1,600 ($500 suspended) and sentenced to
six months suspended;
appealed to Circuit Court
Dismissed; violation partially corrected
Dismissed; violation corrected
Fined $240; violation corrected
Dismissed; violation corrected
Dismissed; violation corrected
Dismissed; violation corrected
Dismissed; violation corrected
-54-
O~ ~OANC~F
2 A
a ~~~~~ ~~ ~~~xt~~~
18
88
SFSQUICENTENN~P~
A Btauri~irl Beginning ,
M E M O R A N D U M
TO: Rob Stalzer
FROM: Mary H. Allen m-h ~---
DATE: December 2, 1987
SUBJECT: Joint Training Session with Planning Commission
Mr. Hodge has asked me to inform you that following
yesterday's meeting, the Board of Supervisors discussed the joint
training session with the Planning Commission and would like the
session rescheduled from January 19, 1988 to January 26, 1988 at
2 p.m., prior to their regular meeting scheduled for 3 p.m.
If you feel that you need more time than one hour, please
prepare an outline of your planned discussions to Mr. Hodge, so
he may present it to the Board members.
mha
CC: Elmer C. Hodge, County Administrator
O~ POANp~~
~ •~ ~
Z 9
~ ~
v a
18 ~.~ 88
SFSQVECENTENN~P~
A Beauti~itlBtginning
~itltntL~ A~ ~A~InII~2P
M E M O R A N D U M
T0: Roanoke County Board of Supervisors
FROM: Mary H. Allen
DATE: November 30, 1987
SUBJECT: Joint Training Session with Planning Commission
A joint training session with the Planning Commission
been scheduled for Tuesda
J
1 has
agreed upon by Mr. y,
Hodge, anuary
9, 1988. This date
Mr. Johnson, Mr. Garrett and was
th
Planning staff. The
planning
zoni
training
session will cover topics such e
as
,
ng,
.relationship between capital
plannin improvements programming, and
d the
g an
management.
The time and place of the training session will be set within the
next several weeks.
mha
CC: Rob Stalzer
Elmer C. Hodge
OF ROAN ,~.~
~.
Z A
a C~~ ~
18 .~,~ ,:J ~~
88
sFS0U1CENTENN~P~
A Beauti/ulBeginning
M E M O R A N D U M
T0: Roanoke County Board of Supervisors
FROM: Mary H. Allen
DATE: November 30, 1987
SUBJECT: Joint Training Session with Planning Commission
A joint training session with the Planning Commission
been scheduled for Tuesday
J has
agreed upon by Mr.
Pl ,
Hodge, anuary 19, 1988. This date
Mr. Johnson
M was
anning staff. The
planning
zo
i
training ,
r. Garrett and
session will cover topics the
,
n
ng,
.relationship between
capital
plannin such
improvements ro rammin
P g g~ and
a
d as
the
g n
management
The time and place o
next several weeks. f the training session will be set within the
mha
CC: Rob Stalzer
Elmer C. Hodge
M E M O R A N D U M
TO: Roanoke County Planning Commission
FROM: Rob Stalzer Yom}
DATE: November 25, 1987
SUBJECT: Joint Training Session with Board of Supervisors
A joint training session with the Board of Supervisors has been
scheduled for Tuesday, January 19, 1988. The time and place will
be established in the next several weeks. The training session
will cover topics such as planning, zoning, capital improvements
programming, and the relationship between planning and management.
ajb
cc: Mary Allen
O~ ROANp,~.~ , ;~
a
2 GA's fi /~' r.,
~ , r-r.
18 ~.~ 88 4,, ~,,
SFSaVICENTENN~P~
A BututifulBeginning
M E M O R A N D U M
TO: Roanoke County Board of Supervisors
FROM: Mary H. Allen
DATE: November 30, 1987
SUBJECT: Joint Training Session with Planning Commission
A joint training session with the Planning Commission has
been scheduled for Tuesday, January 19, 1988. This date was
agreed upon by Mr. Hodge, Mr. Johnson, Mr. Garrett and the
Planning staff. The training session will cover topics such as
planning, zoni ng, capital improvements programming, and the
relationship between planning and management.
The time and place of the training session will be set within the
next several weeks.
mha
CC: Rob Stalzer ~~
Elmer C. Hodge
~~~.~
`~,,~
~~.~,
cam' <~
.~-
~/ ~ ~ ,
G" ~,u-
Mr. Hodge:
Rob would like to have the training session with the Planning
Commission during the Board retreat. He said he discussed it
with you.
Attached is a list of the topics they would like to discuss.
Mary Allen
12/21/87
~~~ ~ ~~~
LAVi' OFFICES
OSTERHOUDT, FERGUSON, NATT, AHERON &AGEE
A PROFESSIONAL CORPORATION
1919 ELECTRIC ROAD, S. W.
CHARLES H. OSTERHOUDT P. O. BOX 20068
MICHAEL S. FERGUSON
EDWARD A. NATT ROANOKE, VIRGINIA
MICHAEL J. AHERON Z4OIH
G. STEVEN AGEE
MARK D. KIDD
February 2, 1988
Mary H. Allen
Deputy Clerk
Board of Supervisors of
Roanoke County
Brambleton Avenue
Roanoke, Virginia 24015
Dear Mary:
OF COUNSEL
PHILLIP A. SHORT
703-774-1197
Enclosed please find certificate of publication
for the Peter Williams rezoning. Please place this with the
Board records in this matter.
With best personal regards, I am
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHfE~R~ON t; AGEE, P.C.
C-~ I~~"
Edward A. Natt
EAN:vtm
Enclosure
cc: Peter Williams
RCANUKE TIMES ~ wGREC-NEwS
AD NUM6ER - 10815144
PUBLISHER'S FEE - X115.52
ECinARD A NATT
1919 E~tCTRIC RD Sw
ROA+v titcc VA 14018
STATE OF V1R~INIi+
CITY OF ROANOKE
AFFIUiiVIT QF PUBLICATIuN
I• tTHE UIVOcFZSIUNtD) AN OFFICER OF
TIMES-WORLD CORPORATIUN• WHICH COR-
PGRATION IS PUtiLiSHER OF 7Ht ROAtVOKE
TIMES L WORLD-~vEWS• A DAI LY NtWSPAPER
PUBLISHED ITV KUANUKE, Ifv THE STATE CiF
VIRt;iruIA• DU CtRT1FY fiHAT THE HNrvExED
{NOTICE wAS PUBLISHED IN S tiIu NtWSPAPERS
UN THE FULi.UwINU DATtJ _
I.J;GALNOTICE
Notice Iz hereby Olven to all In-
O I/ 11 ~ J a t V t N I N~ terested persons chef the
Bosrd• of Supervisors of
li l~ l y~ i3 d t U t N I N V Roarlbke County, Virginia,
wi~l'hnld a public hasrlnp at
7:00 p.m., at fhe Roanoke
County Adminlstrsfive Cen-
WITNESSt THhi-- ZOTH DAY OF
JANUARY 198~t ter, at 3739 Brambleton Avs-
nue~ Roanoke, v(rotnta, on
January 26, 1999, on the pefi-
/
~/ fton of Peter Williams to re-
t
ith
i
i
` cer
:one w
a
n cond
tions a
/~ - 5.09 sere parcel of land, locat-
~` ------ - - --
-------- ed in Me Hollins Ma0lsferlsl
O F F I C E R' S S
I G iV ti T O R DlstrJet, in Roanoke County,
from ~B-2, General Commer-
etel District, to zoning district
R-3;'7NUIH-Family District,
pu[=yS4`4~~;~fto the provtstons of
fhq ~ospoke County ZonlnO
Ordinance, ssid parcel of Isnd
beMOmere particularly de-
scri¢¢{f Ak follows:
A'l` ekf~ parcel of land, pen-
erallY located at 765SA and
765SB AAaraon Road, wifl,in
the' HoOths Ma9lsferlal Dis-
trld, slid recorded as Parcel
-JF~.11-1;,(20 i 21), in the
RoaopkaCounfy Tax Records.
A copy of.the ZoninO Ordinance
oF'~R~slahoke County end
err~ent)Tnents thereto as well
as, a' copy of the petition, site
-Dian, and other documents rs-
: laced fo-this request may be
- eXethined In fhe office of the
Department of Development,
located in Room 600 at
'Roanoke County AdmlMstrs-
tive Center, 3739 Brambleton
`
Avenuei Roanoke, Virginia.
Ro~ndkp County will Drovlde ss-
sisf~nee to handicapped per-
sons Qesirin0 to aHend Dublle
heeNn9s.Suchindividualsare
re~&4stld to contact fhe Coun-
ty f PersonnelServlees
(703) T7z-2018 if special provi-
slonrere necessary for atten-
dance.
Given under my hand this 6th
da~'of'January, 1999.
vA6ary H. Allen,
Deputy Clerk
Board of Supervisors of
Roanoke County
(1St04? .-