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HomeMy WebLinkAbout10/27/1992 - Regular 9 ~ ~~ ~ • _ ~~~~ ~, a '838 BOARD OF SUPER~SORS ROANOKE COUNT ACTION AGENDA OCTOBER 2,1992 eeting• Regular eflisors m Tuesday at 3:00 Roanoke County Board of Sup of each ome to the econd Tuesday and the fourth Tuesday Welt the s the meetings are held o s are held at 7:00 p•m on public hearing is schedule will be announced. p.m• n~onth• Deviations from t G CEREMONIES (3:00 P.M•) A, OPENIN 1• Roll Call. ROLL CALL AT 3:00 P.M• B~~ABSENT_ lchael Meloy Rev. M• ills United Methodist Church 2• Invocation: Windsor H 3. e ianCe to the United States Flag• pledge of All g REQ~STS TO POSE MSS B' OF AGENDA ITE ORDER DED TU ~~.,~ _- LBE i~JB~~Y LLD SAL ESTA OF r i D TO, OR CHANGE THE AD ® Retyded P~ ~COGNITI~NS' ANA SONS' gESOLUTIONS~ C. pR~~A . Awl N~ BZ7SINESS Services of the D, NEw ental gealth the M Annual Report from (Rita Gliniecki, MgSR ~ 1• Valley Roanoke _ ~~~. r[~iJN"I'Y ~p~T•eCFT ~SRV• ~SD~cro ~sR~ C~~ the Ke`'~'lett E~ Upgrade 1VIIS) Request to anti Director, Reconsideratio ut r System•(Oscar Bra' 2• Comp Packard A_10279'Z-1 B ABSENT ZjItC K'L7N Owners otify Property . 3• Request toe . (Terry 1larr~ngton, Map Chang Zoning) p~ON TO TABS ~C ~H $ ABSENT 4. A 10279'Z Z Request Franklin Rescue) osed Zoning of Prop Director, Planning & with Mutual Aid AgrQeme F• A royal of Fuqua Chief, ire & for Pp (Thomas C County EGg MoT~ B' i SENT vRC WITH Service rehensive A-1027 3 lenient the COmp members to 5• Request to Imp and Appoint Team• Management and Authorize olicy and Multijurisdictional PCounty Administrator) Chambliss, Assistan ~~T CIIANG~' 11~ gCN LBE A~ EGK NAYS: ~ ange t for Approval of Ch 6• Reques 3 s Act the (John Order N°• 9 and S ring gollow Costs for the p • ed Engineering d Craig, jJtil~ty Director) Assoc~at Cliffor ReSer~oir Contract. A"1~ ON TO APYR~VE ~C ~H B ABSENT for Designation 7• Request of Virginia Ass°ciati1992. 10, November Administrator) A 1027~'S ~ RNATE 8. A-1027~~ for the of Voting Delegate Meeting, Counties' Business County (Elmer C• g°dge~ `nom ointee County App ressman Boucher f or oration Southwest Cong Corp od e, County Request feo o the Not-for Pro Elmer C• Ii g to Sere Inc• Development Financing, Administrator) OR WORK SESSIONS E• REQ~STS F 4 n November 17, 1992 to Work Session o 1. Request for 4 Budget Process. Discuss the 1993-9 HCN ~~"' ~ ABSENT UW B GS S FOR p~~C ~~~ F_ REQUEST N~ T READ~iG C I~[EA~G AND GA ENDA REQUEST FOR P~Il ANCES -CONSENT G' ~.~ uE7AN~G ORU 2ND - ~l 1- -- ABSENT iIRC WLTK B a 1.19 Acre Conditions on at 6560 Eliminate Located 1. An Ordinance tO Conditional, Magisterial District Zoned M-1 S ring Parcel Drive, Cave p Inc. Commonwealth Controls, u on the petition of Carlen rom M-2 to A_1 to p Gres f ezone 4.65 A 8364 Bent Mountain An Ordinance tO R Gated a, 1 District, Upon the 2. Church, Magister Construct a Hills Road, Windsor a fist Fell°wship• petition of Back Creek B p creS from roximately 15.38 permit to ezone App ecial ExCePtion 3. An Ordinance tO R arning Center 2 and Obtain a Se and Golf ~ orth of M-2 to B- Rang and N Operate a Golf Driving ollins R°ad East Side of H 'sterial District, Upon the Located on the Hollins Magi Garvin Creek, 5 petition of Wayne Roller IlvG OF ORDINANCES H. F~gST RF•AD N ~ ANCES RF,ADIlVG OF ORD~ andlor SECOND the COnVeyance or I. Estate Authorizing °f Real unity 1• An Ordinance Certain pwi hl the Rollins Comn' tanCe °f Attorney) Accep Connection County Easements 'n ect. (pawl Mah°ney' Development proj O 102MO,1,ION ,r0 APPROVE EGK B ABSErI'r ~C WIC Administrator to the County Sealer uthorizing County Sanitary An Ordinance A Use a ice by Proper 2. Right tO Sewer Serv Graement fOr Private Sanitary Attorney) Eas ahoney, County' Owners. (Paul M -.~ t7C' 0-10279'L-8 T~ S~~ ~"' - SENT URC ~K B AB 13.74 acre c u~s~t~ Sharon M• Vest. uthorize the A q 3• An Ordinance tO A er E• and and from Rog Tractora Craig, iJtility Director) (Cuff aim oN ~ ~pROVE HCN M~ ABSENIT URC NTH B s 1• AppOIlVT~~S N~ CONSENT AGENDA CONSENT AG ~ LISTED iJNDER T~ TO BE ROB FORM RS ALL MAN IDERED By TIC BRESOL~ON ~ S D SIRED A~ CO D gy ONE BE ENAG"1'E ELOw• ~ DISCUSSIO ~~ CONSENT ~S ~STED B ~MO~D FROS ~,1,ELy. •~AT ITEM Wi~ BE CONS~E~D AGErTDA ANA R~~102~ ON Tp APPROVE ~C 1. 2. A_102792-10•a A 1027-10.6 _ August A proval of Minutes 22 1992. 25, 1992, September 8, p tember 1992, and Sep nose L°dge ermit from the R°an°ke M Approval of R shi Degree. No. 284 Fellow P 3. 4. ' from the Marine Corps Reserve affle Permlt Approval of R ram• -roys for Tots Prog ees to Cover Litigation nth to Pa3' Legal F Authoriz n1E~ergeney products, Inc. Grumm A 1027~-10.c OF BOARD ~~ERS .pOR.rS AND INQ~S I.. ~ ~~ 2 SESSION~~~~ IIIS MCI 2 CUT COr~iCATIONS ZENS' COr~~S ANO M, CI'I'I N~ N• gEpORTs l Fund Unappropriated Balance 1• Genera • l Fund Unappropriated Balance 2• Capita Board Contingency Fund 3• x enditures as of September tatement of Revenue and E p 4. 30,1992. rt on the 1991 Water Protects 5• Rep° Resource Authority Solid the R°anoke Valley 6. Report on Waste Facilities. Volunteers of America UeSt from Literacy 7. Report on Req cater. for Surplus Comp Code of Virginia ursuant to nh with legal counsel and E~CU,~VE SESSION pConsultat~o ecific litigation, O• 2.1_344 A ~~~ ertaining to sP Section members p 3 To discuss the s by staff the City of Roanoke, ~ ~ To discuss the briefing with estate; and (3) water contract ublicly-held real disposition of p acquisition of real estate H~ MpTION AT 4:50 P•M~ URC WITH B SENT 9 OF E~C~VE SESSION p• CER'I'~CA'I'ION ~ON'f0 ~pROVE AT 6:45 P•M• ABSENT IIgC W1TA $ Q- EVENING SESSION HEA~r1G AND P~LI ACES SECOND READING OF ORDIN Chapter 13 ~ and Reenacting Noise and Amending b adding Article II, C only 1• Ordinance of the Roanoke Offenses-Miscellanon 13-3 yN~~ by Deleting Secti County Attorney) Code. (Paul 1VI. Mahoney' 0-102MO,rION TO APPROVE EGK B AND gCN SENT URC NTH ONE CITIZEN SPOT roved Close a 50 Foot ~ el Skyview' Vacate and Located in the 2• An Ordi namea° Right-of-Way District, upon and Un Magisterial usselman• (Arnold CatawH and Norma J • M Subdivis of Gilliam & Inspections) petition ineering Covey, Director, Eng O 1027 OTION TO AppROVE EGK M B AND gCN ABSENT URC WITH a Easement to Vacate a 20 Foot Drainag 3• An Ordinance 10 23, 24, and Pro erty Lines of Lots ection~ 7, Hollins Located on the P lewood, S F & W the Orchards, APP the petition of 25, in Arnold Covey, Magisterial Dist to t m n ° Corp°ration. ~ Community Deve P & Inspections) Director, Engineering O 1027p SON TO PROVE FM M B AND FCN ABSENT iJRC NTH to R.1 to Rezone 3.09 Acres from ca ed at the An Ordinance to FomeS~ I.o Cave 4• Single Family Roads, Construct ountain and Starkey of Palm Intersection of Buck M the Petition Director, isterial District, T P~ Farrington, Spring Mag oration. ~ Hermitage Corp planning & Zoning) ~M ON'f~A~pROVE ~ g~i ABSENT iJRC 'PITH B R. N~ S. S AND C011~ICATIONS CITIZEN CONIl~~NT ADJOi~tNMEN'r ~ M~ EpN AT~ H~1 ABSENT L1VV B ii O~ POAN ~~ ~~ ~~~~ Q z ~ ~ ~ (~~~,~.~~ z a 1838 ~~y BOARD OF SUpER~SORS RO~OKE CO AGENDA OCTOBER 27,1992 eeting. Regular Board of Supe1visors n- at 3:00 and the fourth Tuesday Welcome to the Roano he Second Tuesday ourth Tuesday of each meetings are held on t m on the f public hearings are held at 7:00 p• p•m' from this schedule will be announced. month. D~at~ons PENING CEREMONIES (3:00 P.M•) A, O 1, Roll Call. Invocation: Rev. Michael Meloy 2. indsor Hills United Methodist Church W ~~.~~~ of Allegiance to the United States Flag. 3, Pledge ONE ADD TO' OR CHp,NGE THE B. REQUESTS T ENDA CMS ORDER OF AG PROCLAMATIONS, C. AWARDS RESOLUTIONS, RECOGNITIONS, AND i ® R~ycled Paper D• NEw BUSINESS h Services of the ort from the Mental Healt 1, Annual ReP MHSRV) Roanoke Valley. (Rita Gliniecki, Lett U rade the B~'~' of Request to Pg Director, MIS) 2, Reconsideratio titer System.(Oscar Bryant, Packard Comp used Zoning Property Owners of Prop Planning & 3. Request to Notify Barrington, Director, Map ChangeS• (Terry Zoning) utual Aid Agreement with 4. Request for Approval of M C, Fuqua Chief, Fire & Franklin County. (Thomas Rescue) lement the Comprehensive Sere to s he 5. Request to Imp oint members and Authorize and APP ement Team. (lohn Multijurisdictional Policy and Manag mbliss, Assistant County Administrator) Cha 9 and royal of Change Order NO• Bollow 6. Request for APP Costs for the Spring Associated Engineering Utility Director) Reservoir Contract. (Clifford Craig, 7. Request for Designation Virginia Association of November 10, 1992. d inistrator) of Voting Delegate for the Counties' Business Meeting, (Elmer C• Bodges County A m ointee from Congressman Boucher for ration Southwest S. Request to Serve on the Not-for-ProfiElm r pC• Hodge, County Development Financing, Inc. Administrator) REQUESTS FOR WORK SESSIONS E. 1. e uest for Work Session on s ovember R q et Proce Discuss the 1993-94 Budg 17, 1992 to a UESTS FOR PUBLIC HEARINGS F. REQ ~R~G ~~ FIRST READING G. REQjTEST FOR PUBLIC AGENDA ONING ORDINANCES -CONSENT OF REZ o Eliminate Conditions on a lalt9 6560 1. An Ordinance t Conditional, Located Parcel Zoned M-1 rin Magisterial District Cave SP g Commo~'ealth DrNe~ Inc. u on the Petition of Carlen Controls, P 2 to A-1 to 65 Acres 36 Bhnt Mountain 2. An Ordinance to R h ° Located at 8 on the Construct a Chur , Windsor Hills Magisterial District, P Road, tist Fellowship. Petition of Back Creek BaP cres from roximately 15.38 A 3. An Ordinance to Rezone APP ecial Exception Permit to and Obtain a SP Center M-2 to B 2 Range and Golf Learning Operate a Golf Driving East Side of Hollins Road an U on tithe Located on the Hollins Magisterial District, P Garvin Creek, Petition of Wayne Holley. ~RST READING OF ORDINANCES H. COND READING OF ORDINANCES I. SE and/or the Conveyance Ordinance Authorizing of Real Estate or 1• An of Certain Parcels Acceptance s in Connection with the Holl~ns Attorney)1 Easement J Cou t3' Development Pro ect. (Paul Mahoney, to the County Administrator An Ordinance Authorizing County Sanitary Sewer 2. ht to Use a Property Grant the Rig Sewer Service by Easement for PrNaone a County Attorney) Owners. (Paul Mah Y e to Authorize the Acquisition of a 13.74 acre 3, An Ord~nanc 3 om Roger E• and Sharon M. Vest. Tract of Land fr Director) (Clifford Craig, Utility J• APPOINT~NT5 g, CONSENT AGENDA AGENDA jJNDER THE CONSENT ~ AID MA~1'ERS LIS'I'ED~ BOARD TO BE RO~INE AND ARE CONSIDERED BY ONE SOLUTION IN THE FORM WILL BE ENACTED BY BELOw• ~ DISCUSSION IS DoNSENT~ OR FORMS LISTED MO,~ED FROM THE THAT ITEM WILL BE ~ ^j'ELY. WILL BE CONSIDERED SEPARA AGENDA AND ' utes -August 25, 1992, September 8, 1• Approval of Mln 1992. 1992, and September 22, fle Permit from the Roanoke Moose Lodge 2. Approval of Raf ree. No. 284 Fellowship Deg Cor s Reserve royal of Raffle Permit from the Marine P 3. APP ram. Toys for Tots Prog Pa Legal Fees to Cover Litigation with 4, Authorization t0 enc Products, Inc. Grumman Emerg Y INQUIRIES OF BOARD ~NIBERS L. REPORTS AND COMr~NTS AND CONiMUNICAI'IONS M, CITIZENS N• gEPORTS 1, General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 4 3, Board Contingency Fund 4, Statement of Revenue and Expenditures as of September 30, 1992. 5, Report on the 1991 Water Projects (, Report on the Roanoke Valley Resource Authority Solid Waste Facilities. ~, Report on Request from Literacy Volunteers of America for Surplus Computer. O. EXECU77VE SESSION pursuant to the Code of Virginia Section 2.1-344 A (7) Consultation with legal counsel and briefings by staff members pertaining to specific litigation, water contract with the City of Roanoke. P. Q- CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting II hNo,se and Offenses-Miscellaneous, by adding Article , Noise, of the Roanoke County by Deleting Section 13-3, C nou ty Attorney) Code. (Paul M. Mahoney, 2, An Ordinance to Vacate and Close a 50 Foott e i S roiew and Unnamed Right-of-Way Located in k3'~' 5 isterial District, upon the Subdivision, Catawba Mag' petition of William H. and Norma J. Musselman. (Arnold Covey, Director, Engineering & Inspections) 3, An Ordinance to Vacate a 20 Foot Drai ~~ e23 24 and Located on the Property Linels~oo d°t Section 7,~ Hollins 25, in the Orchards, APP etition of F & ~' Magisterial District, upon the p Community Development Corporation. (Arnold Covey, Director, Engineering & Inspections) 4, An Ordinance to Rezone 3.09 Acres fr I,ocaed toaR-lthe Construct Single Family Homes, Intersection of Buck Mountain and Starkey Roads, Cave Spring Magisterial District, Upon the Petition of Palm Hermitage Corporation. (Terry Harrington, Director, Planning & Zoning) It, CITIZEN CONIlVIENTS AND C011~MUNICA1'IONS S, ADJOLfItNMENT 6 ACTION NO. ITEM NUMBER ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Annual Report from the Mental Health Services of the Roanoke Valley COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Mental Health Services of the Roanoke Valley has requested time on the agenda to present a brief report about services provided to the citizens of Roanoke County by the association. Rita Gliniecke, a member of the Board of Directors appointed by Roanoke County, will make the presentation and a consumer will be present to give a brief report from a consumer's point of view. `~ ~,. E mer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ACTION NO. A-102792-1 ITEM NUMBER -Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM' Reconsideration of request to upgrade Hewlett-Packard system to support Administrative computing. COUNTY ADMINISTRATOR' S COMMENTS : ,~;~~~~~~~~ ~~~.~ „ BACKGROUND' This request is being resubmitted at the request of Supervisor Nickens who voted with the prevailing side when this issue was considered on October 13, 1992. For the past twenty-four months staff have carefully monitored resource availability on the County HP950 central computer. The number of applications supported and the number of users concurrently accessing the computer has grown at a rate much greater than anticipated, from 50 in 1990 to over 110 in 1992. Attached is a document which chronologically shows the addition of applications and the subsequent effect on the growth in the number of users. In December 1990 it was evident that an upgrade would be required as early as FY 92/93. Staff prepared and submitted requests for an upgrade as part of previous budget processes and the CIP. Due to the economic situation last year, staff instituted procedures to maintain support without requesting funds to alleviate the problem. A limitation was placed on the number of concurrent users to assure adequate response, and occasionally, some users are requested to sign off to allow access for critical applications. The County is currently operating well above the recommended equipment utilization level. This hinders the provision of good customer service to our citizens and lowers the productivity of employees. SUMMARY OF INFORMATION: New equipment with twice the power can now be purchased at 25$ of the cost of the original equipment with additional savings of approximately $620 per month for hardware and software maintenance. There will be additional savings from reduced power consumption to -~ run the equipment and provide air conditioning. Until October 31, 1992, the vendor is offering a savings of $35,000 to all current users of their model HP950 computers if they trade in their existing equipment and upgrade to a model HP957. This is a one-time opportunity for the County to replace the current equipment with minimal additional funds. The new equipment would provide for lower operating costs and address critical capacity and utilization concerns. Delaying the decision to purchase the equipment could cost the County an additional $35,000, could result in increased maintenance costs, and will not solve the utilization problems that exist with the current HP model. FISCAL IMPACT' There would be no additional funds required during the current year. The current lease/purchase agreement would be extended an additional two years and three months at a reduced monthly payment. Operating expenses would be reduced by over $7,400 annually. Attached is a funding schedule showing the additional funds required through FY 95/96. The total appropriation of $119,641 would be included in future budget requests. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve the replacement of the current Hewlett-Packard system. Staff further requests authorization to execute a three-year lease/purchase agreement taking advantage of the trade-in and promotional incentives offered by Hewlett-Packard until October 31, 1992. Respectfully submitted, /~~~` rn~ Oscar D. Bry t Director, M.I.S. Approved by, C~mr/ Elmer C. Hodge County Administrator MOTION #1 Action Approved (x) Motion by: Harrv C. Nickens Denied ( ) motion to reconsider request Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens cc: File Oscar D. Bryant, Director, M.I.S. Reta Busher, Director, Management & Budget Diane Hyatt, Director, Finance Elaine Carver, Director, Procurement Vote No Yes Absent x x X x x MOTION #2 - NEXT PAGE ---------------------------------------------------------------- MOTION #2 Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION VOTE Motion by: HARRY C. NICKENS No Ye AMENDED MOTION TO APPROVE Eddy REPLACEMENT OF CURRENT H. P. Johnson SYSTEM AFTER TAKING ADVANTAGE Kohinke OF TRADE-INS OFFERED BY H. P. Minnix AND APPROPRIATE $126,281 FROM Nickens CURRENT UNAPPROPRIATED FUND BALANCE WHICH WOULD INCLUDE PAYOFF OF CURRENT LEASE PURCHASE cc: File Oscar D. Bryant, Director, M.I.S. Reta R. Busher, Director, Management & Budget Diane D. Hyatt, Director, Finance Elaine Carver, Director, Procurement s Absent X X X X X ~-z CHRONOLOGICAL REPORT OF APPLICATION IMPLEMENTATION AND USER GROWTH o May 1990 user access limit was raised from 50 to 70. - PASCO III (Real Estate Assessment system) was brought on-line. - FAMIS (Financial Information System) was nearing implementation and access was restricted to select Finance staff. - Clerk of Court Indexing system was brought on-line with access limited to Clerk staff and vault researchers. o September 1990 user access limit raised from 70 to 80. - Access demand increases as PASCO III, FAMIS, and INDEXING systems are opened for access to other departments. o November 1990 user access limit raised from 80 to 90. - Posthaste (Email) was installed. Current system users and others request access to application. - Additional users request access to Assessor's, Finance, and Clerk of Court systems. o February 1991 user access limit raised from 90 to 110. - Business License system was brought on-line which increases the number of users in the Commisioner of Revenue office and adds new users to the system. o November 1991 - Building Permits system brought on-line which increases the number of users in Engineering and Inspections and adds new users to the system. - County departments, Schools, and the Town of Vinton are informed that no new applications will be added to the system and users are requested to limit the amount of time signed-on the system. o January 1992 - MIS implemented procedures to improve system performance. This includes mandatory restrictions on access time by non-critical users. o October 1992 - An additional 40 users are currently on waiting list for system access. Requesting departments include; Social Services, Sheriffs Office, Engineering and Inspections, Police, Fire and Rescue. ~-z Hewlett Packard Upgrade Proposal $72,864 December 1992 HP950 Lease payoff 100,338 HP957 upgrade cost. $173,202 Total amount to finance. (72,905) Funds obligated in FY 92-93 and 93-94 for existing lease ~ 8100.55 per month. $100,297 New money required for lump sum payment. $119,641 New money required cLD 5348.49 per month for 36 months. NOTES: Required software upgrade cost will be funded with current year maintenance savings. The machine resources for additional applications will be available with the system upgrade, however, current staffing levels will not support such additions. FUNDING SCHEDULE UPGRADE CURRENT NEW LEASE LEASE CARRY MONEY !'AYMENTS '' OBLIGATION GVCR iJEEDED 92-93 $32,091.00 $48,603.00 $16,512.00 $0.00 93-94 64,182.00 24,302.00 (16,512.00) 23,368.00 94-95 64,182.00 64,182.00 95-96 32,091.00 32,091.00 $192,546.00 $72, 905.00 $0.00 $119,641.00 FOOTNOTES 1 2,5 3 4,5 (1) The new lease at seven percent, will be for three years, and will cover the balance due on the old lease and the new equipment. (2) This is the balance on the existing lease which goes through September 1993. (3) Funds budgeted for FY 92-93 ,but not required, would be carried over for use in FY 93-94. (4) Schedule of new money needed to meet the requirements of the new lease. (5) These schedules are predicated upon having the new equipment installed by the end of December 1992, and that the new lease will begin by January 1993. Y ~b_a~-9 ACTION NO. ITEM NUMBER x'31 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for Appropriation to Notify County Property Owners of Proposed Zoning Map Changes COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Roanoke County staff has taken the following steps to keep the community informed of the zoning map process and advise the public of the six community meetings scheduled around the County: News Releases to the area media - Direct mail notification to those who have expressed an interest in the maps and requested that they be kept informed. - Mailings to area realtors, builders, surveyors, developers, etc. who work with the County on a regular basis - Presentations and mailings to civic leagues, the Roanoke Regional Homebuilders and the Association of General Contractors - Block ads, legal ads, and posting of flyers to all County libraries and fire stations. SUMMARY OF INFORMATION: At a recent quarterly meeting with the presidents of Roanoke County civic leagues, it was suggested that because of the potential impact on property owners that each County property owner be notified by mail of the proposed zoning map changes. There are approximately 39,000 parcels of real estate in the County. One method would be to send a mailing with as much information as practical on each parcel to the property owners. Included in the mailing would be a schedule of opportunities to meet with the staff and discuss any zoning changes . This would be an excellent customer service step, and would be worth the additional cost. At this time the staff is working through several plans that might ~~ be used to notify property owners. It has been estimated that the mailing will cost approximately $9500. Additionally, it may be necessary to hire part-time staff to assemble the information that will be included in the mailing. This should not exceed $5,000. Undertaking this step may cause delays in the public hearings by the Planning Commission and Board of Supervisors. County staff will discuss this issue with the Planning Commission members. FISCAL IMPACT: It is estimated that the cost for the mailing and additional part- time staff will be approximately $14,500. Funds for this project should be allocated from the Unappropriated Fund Balance. STAFF RECOMMENDATION: Staff recommends sending a mailing to each property owner notifying them of the proposed zoning map changes. Staff further recommends the allocation of $14,500 from the Unappropriated Fund Balance to fund this project. ~ ~~ ~~- ~~~ Sri-T/~-,~ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ACTION NUMBER A-102792-2 ITEM NUMBER ~ -~" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 SUBJECT: Request to Execute a Mutual Aid Agreement with Franklin County COUNTY ADMINISTRATOR' S COMMENTS : ~' ,c~n~~'"~''ti~ BACKGROUND' Title 27 of the Code of Virginia provides for the establishment of mutual aid agreements between political jurisdictions for the purpose of providing fire and rescue services. Roanoke County has set a goal of obtaining a written mutual aid agreement with all surrounding localities. SUMMARY OF INFORMATION: Roanoke County fire and rescue stations have had a long standing verbal agreement with Franklin County stations to provide fire and rescue response upon request from either locality. In fact, there are two sections of Franklin County that the Bent Mountain station have served since its founding. Whenever service was needed from this station, the citizens of Franklin County accessed our communications center through a Bent Mountain emergency number. Franklin County is in the process of implementing their 911 phone system and these citizens will soon have this emergency access service. The Director of Public Safety has requested that we formalize our agreement for mutual aid assistance from either jurisdiction to better serve the citizens of both counties, and to specifically address the areas that we currently provide primary response to in Franklin County. Franklin County has provided a mutual aid agreement for our action, and the document has been reviewed by the Senior Assistant County Attorney. He sees no legal reasons that should preclude the approval and execution of this document. FISCAL IMPACT' With the approval and implementation of this agreement the only fiscal impact will be for cost associated with emergency response. This should equal out with response received from Franklin County. .~- `~ STAFF RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to execute such documents and take such action as may be necessary to accomplish the purposes of this transaction, all upon form to be approved by the County Attorney. SUBMITTED BY: ^~ .,~~ T. C. F qua i Chief f F' a and Rescue APPROVED: G~~ ,~~ Elmer C. Ho ge, Jr. County Administrator ACTION VOTE Approved (x) Motion by: Edward G Kohinke No Yes Ab~nt Denied ( ) motion to approve mutual aid Eddy x Received ( ) agreement Johnson -~ Referred Kohinke ~_ To Minnix ~_ Nickens x cc: File T. C. Fuqua, Chief of Fire & Rescue John Cease, Chief of Police Paul M. Mahoney, County Attorney ~_y This Agreement, made and entered into this day of 1992, by and between the COUNTY OF FRANKLIN, VIRGINIA, hereinafter referred to as Franklin County and the COUNTY OF ROANOKE, VIRGINIA, hereinafter referred to as Roanoke County. WITNESSETH WHEREAS, the Board of Supervisors of Franklin County and the Board of Supervisors of Roanoke County desire to provide the best and most cost- effective fire protection, EMS and rescue services for their citizens; and WHEREAS, both Franklin County and Roanoke County maintain firefighting and EMS equipment and provide for these services with the help of dedicated volunteers, as authorized by sections 27-6.1, 32.1-156, and 27-23.1 of the Code of Virginia; and WHEREAS, both the Board of Supervisors of Franklin County and the Board of Supervisors of Roanoke County have concurred in the effort to develop a mutual aid agreement for improved firefighting and EMS capabilities within and around the jurisdictions of Franklin County and Roanoke County, as authorized by Sections 27-1, 27-2, 27-4, and 27-23.1 of the Code of Virginia. NOW THEREFORE, for and in consideration of the undertakings hereinafter set out, the parties covenant and agree as follows: Mutual Aid Agreement, Franklin County - Roanoke County Page 1 of 7 w _ / 1. Mutual Aid in Firefighting and EMS/Rescue - a. The Franklin County Department of Public Safety, Fire Division and EMS/Rescue Division will respond or cause response to any call far mutual aid within Roanoke County, when personnel and equipment are available and can be safely spared. Response will be initiated as requested by authorized personnel or automatically as outlined by first response areas designated by Roanoke County. b. The Roanoke County Fire and Rescue Department will respond to any call for mutual aid within Franklin County, when personnel and equipment are available and can be safely spared. Response will be initiated automatically as outlined in the current Standard Operating Procedures of the Franklin County Department of Public Safety or anytime at the request of Franklin County or Franklin County Public Safety Units. Automatic mutual aid will be inititiated within the boundaries of the fire and EMS/Rescue response zones marked on a map of the County and maintained in the office of the Franklin County Department of Public Safety. Pursuant to Section 8-11.4 of the Franklin County Code, fire boundaries and EMS boundaries may be changed from time to time in order to provide for the best services available. Mutual Aid Agreement, Franklin County - Roanoke County Page 2 of 7 ~~ 2. Assistance in non-designated areas - Franklin County and Roanoke County agree to respond when called to assist in the other areas not described in this agreement when the personnel and equipment are available and can be safety spared. 3. Designation of officials - Franklin County and Roanoke County fire and EMS/Rescue units shall respond to a call for service only upon request of the official designated for that purpose. The parties shall notify one another of the identity of the official or officials designated to request such assistance. 4. Notification of calls - The Franklin County Communications Center will notify units of both Franklin County and Roanoke County of all fire and EMS/Rescue calls received within Franklin County where mutual aid assistance is required. Calls for service received by the other jurisdiction will will be directed to the respective Communications Center for appropriate handling. Mutual Aid Agreement, Franklin County - Roanoke County Page 3 of 7 ~~_( 12. Termination of Agreement - Any party to this agreement may terminate same, with or without cause, by giving written notice to the other party by certified mail, return receipt requested. Any termination notice must be given at least ninety (90) days prior to July 1st of any given year. This agreement shall continue to be in force from year to year unless terminated as indicated above, or all parties mutually agree to terminate. 13. Entire Agreement - This agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either oral or written. This agreement may be amended only by written instrument signed by authorized representatives of all parties. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Approved as to form - County Attorney Attest: gY; Clerk COUNTY OF FRANKLIN, VIRGINIA Chairman, Board of Supervisors COUNTY OF ROANOKE, VIRGINIA Attest: gY; Clerk Chairman, Board of Supervisors PR A~ T~ FORM ,J ~~~ Mutual Aid Agreement, Franklin County - Roanoke County,s'~`~` ~^ ~ r L.ou~'~y Page 7 of 7 '~ /~ ~d~ ~ ACTION NO. A-102792-3 ITEM NUMBER /7 ", AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request to Implemen Act, and Authorize County's Policy and COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' t the Comprehensive Services and Appoint members to the Management Team The 1991 Session of the General Assembly adopted the "Comprehensive Services Act for At-Risk Youth and Families". The law is intended to create a collaborative system of services and funding that is child-centered, family-focused and community-based when addressing the needs of troubled and at-risk youth and their families. Attached is more detailed information regarding the Comprehensive Services Act. The Act requires each community to establish a policy and management team that will receive the Act funds. This team shall also: 1. Be responsible for the development of interagency policies and procedures; 2. Establish long-range community-wide planning for the development of resources and services needed; 3. Establish policies governing referrals and reviews of children and families to the family assessment and planning teams; 4. Review the assessment team's recommendations and requests for funding. SUMMARY OF INFORMATION: Membership on the policy and management team to be appointed by the local governing body shall include, at a minimum, the local agency head or their designee of the following community agencies: Community Services Board (Mental Health Services), Juvenile Court Services Unit, Department of Health, Department of Social Services, and the local School Division. The team shall also include a parent representative who is not an employee of any public or private program which serves children and families. Those persons appointed to represent community agencies shall have authority to make policy and funding decisions for their agencies. The local governing body may also appoint other members to the team, including, but not limited to, a local government official, a representative of private community resources, a local law enforcement officer, and representatives of other public agencies. Representatives from the various valley agencies have met to discuss the delivery of services and to offer input into the process of implementing the Act. In 1991, the City of Roanoke received a demonstration grant to establish its interagency council as a pilot project in this program for the State. After a review of the Act, the City of Roanoke has expressed its intent to remain solely with its own interagency council and with its own group of assessment teams. The City of Salem has expressed its intent to establish its own policy and management team. The City of Salem and County of Roanoke would continue to use joint assessment teams for the provision of services. This decision is based upon the political reality that the overall program is underfunded at the State level and with the concern that each locality should be responsible for the provision of services to its own residents. The County's ad hoc committee of agency heads as outlined in the Act desire this joint program between the County of Roanoke and the City of Salem because most of these agency heads provide services to both localities. The County's ad hoc committee requests that the following persons or their designee be appointed as the County's representatives to the multi-jurisdictional Policy and Management Team as required by the Comprehensive Services Act: Person Aciency/Role Dr. Betty McCrary Dr. Margaret Hagan Michael Lazzuri Melissa Hays-Smith Chief John Cease Dr. Eddie Kolb Diane Hyatt Joe Obenshain Jerry L. Canada Herb Befkar (DePaul's Children Services) Department of Social Services Department of Health Court Services Unit Mental Health Services Roanoke Co. Law Enforcement Roanoke County School Division Roanoke County Fiscal Officer Roanoke County Legal Roanoke County Parent Representing Private Community Resource John Chambliss, Jr. Beverly Waldo (Youth Haven II) Kathy Fusco Roanoke County Local Government Official Public Resources Agency Roanoke County Parent 2 FISCAL IMPACT' The pooled monies for the delivery of services begins July 1, 1993. There is a State Trust fund which will award grants effective January 1, 1993, to localities on a competitive application basis for programs addressing early intervention services. These grants will be 100 state funding and the application will be prepared by the Policy and Management Team. No appropriation of monies is required at this time. STAFF RECOMMENDATION: The Board of Supervisors is respectfully requested to authorize the establishment of the County's Policy and Management Team and to appoint the County's representation as required by the Comprehensive Services Act. Respectfully submitted, Jn ohn M. Chambl' s, Jr. Asst. County Administrator Appr~ed by (~'~n,,~ Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Lee B. Eddy motion No Yes Abs ent Denied ( ) to approve staff recommendation sEddy x Received ( ) with chang e in title to Johnson x Referred ( ) County's Policy and Management Kohinke x To ( ) Team Minnix x Nickens x cc: File John M. Chambliss, Jr., Assistant County Administrator Mary H. Allen, Clerk to the Board Committee Book 3 Attachment A Comprehensive Services Act History The 1991 Session of the General Assembly adopted the Comprehensive Services Act for At-Risk Youth and Families to create a collaborative system of services and funding that is child- centered, family-focused, and community-based when addressing and needs of troubled and at-risk youths and their families. The law shall be interpreted and liberally construed so as to effectuate the following purposes: 1. To ensure that services and funding are consistent with the Commonwealth's policies of preserving families and providing appropriate services in the least restrictive environment while protecting the welfare of children and maintaining the safety of the public. 2. To identify and intervene early with young children and their families who are at-risk of developing emotional or behavioral problems or both due to environmental, physical or psychological stress. 3. To design and provide services that are responsive to the unique and diverse strengths and needs of troubled youth and families. 4. To increase interagency collaboration and family involvement in service delivery and management. 5. To encourage a public and private partnership in the delivery of services to troubled and at-risk youth and their families. 6. To provide community flexibility in the use of funds and to authorize communities to make decisions and be accountable for providing services in concert with these purposes. In the Spring of 1990, the Governor established the Council on Community Services For Youth and Families, which was a cross secretarial interagency council formed between the Secretary of Health and Human Resources, Secretary of Education, and Secretary of Public Safety. After an intense study of children's issues, the Council found that children and families may have multiple needs and are frequently involved with multiple agencies. The children are often identified by the system they enter (a welfare child, a juvenile justice child, a school system child, or a mental health 4 child) yet multiple agencies are often treating the same children. For some of the children, residential care is the most appropriate and effective way to meet their complex needs or to protect them. However, categorical funding, restrictions on the use of funds and gaps in available community services may result in many children being placed far from their families and in more restrictive care than may be necessary to meet those needs. The proposed service delivery system of the Act was driven by the philosophy that troubled and at-risk youth are best served by a community system of care that is comprehensive, coordinated and responsive to the strengths and needs of troubled youth and their families. The proposed system is designed to identify and intervene earlier, provide more flexibility in the use of funds, provide more community control and flexibility, and to provide more options to serve youth and their families. The system also allows the tailoring of services to meet the strengths and needs of the family by balancing family support and community services with secure and intensive treatment placement and by having more family involvement in service delivery decisions. Fundinct Funding for this Act will be provided using 16 funding streams across four state agencies and the local match currently required under existing programs provided by community agencies. The four state agencies involved include the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Department of Youth and Family Services; the Department of Education; and the Department of Social Services. There are also monies that were included in the state interagency consortium. The new act does impose the community's ability to pay in the funding allocation formulas, which tends to increase the local dollars required from Roanoke County to receive the same amount of state match. Under the ability to pay, Roanoke County's share would be 45% compared to an average of 35.721% today. 5 ACTION NO. ~~~ ~~~ ITEM NUMBER ..~... _~'Y- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request to Implement the Comprehensive Services Act, and Authorize and Appoint members to the '-'~-~-•~r~ ~~-~ional Policy and Management Team COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND• The 1991 Session of the General Assembly adopted the "Comprehensive Services Act for At-Risk Youth and Families". The law is intended to create a collaborative system of services and funding that is child-centered, family-focused and community-based when addressing the needs of troubled and at-risk youth and their families. Attached is more detailed information regarding the Comprehensive Services Act. The Act requires each community to establish a policy and management team that will receive the Act funds. This team shall also: 1. Be responsible for the development of interagency policies and procedures; 2. Establish long-range community-wide planning for the development of resources and services needed; 3. Establish policies governing referrals and reviews of children and families to the family assessment and planning teams; 4. Review the assessment team's recommendations and requests for funding. SUMMARY OF INFORMATION: Membership on the policy and management team to be appointed by the local governing body shall include, at a minimum, the local agency head or their designee of the following community agencies: Community Services Board (Mental Health Services), Juvenile Court Services Unit, Department of Health, Department of Social Services, and the local School Division. The team shall also include a parent representative who is not an employee of any public or ^~-~ private program which serves children and families. Those persons appointed to represent community agencies shall have authority to make policy and funding decisions for their agencies. The local governing body may also appoint other members to the team, including, but not limited to, a local government official, a representative of private community resources, a local law enforcement officer, and representatives of other public agencies. Representatives from the various valley agencies have met to discuss the delivery of services and to offer input into the process of implementing the Act. In 1991, the City of Roanoke received a demonstration grant to establish its interagency council as a pilot project in this program for the State. After a review of the Act, the City of Roanoke has expressed its intent to remain solely with its own interagency council and with its own group of assessment teams. The City of Salem and County of Roanoke wish to establish a multi-jurisdictional Policy and Management Team with separate school, law enforcement, fiscal and parent representation from each locality. We would continue to use joint assessment teams for the provision of services. This decision is based upon the political reality that the overall program is underfunded at the State level and with the concern that each locality should be responsible for the provision of services to its own residents. The County's ad hoc committee of agency heads as outlined in the Act desire this joint program between the County of Roanoke and the City of Salem because most of these agency heads provide services to both localities. The County's ad hoc committee requests that the following persons or their designee be appointed as the County's representatives to the multi-jurisdictional Policy and Management Team as required by the Comprehensive Services Act: Person Dr. Betty McCrary Dr. Margaret Hagan Michael Lazzuri Melissa Hays-Smith Chief John Cease Dr. Eddie Kolb Diane Hyatt Joe Obenshain Jerry L. Canada Herb Befkar (DePaul's Children Services) Agency/Role Department of Social Services Department of Health Court Services Unit Mental Health Services Roanoke Co. Law Enforcement Roanoke County School Division Roanoke County Fiscal Officer Roanoke County Legal Roanoke County Parent Representing Private Community Resource John Chambliss, Jr. Beverly Waldo (Youth Haven II) Kathy Fusco Roanoke County Local Government Official Public Resources Agency Roanoke County Parent 2 ..~ -5 FISCAL IMPACT• The pooled mon 1993. There is effective January application basis services. These application will be No appropriation of ies for the delivery of services begins July 1, a State Trust fund which will award grants 1, 1993, to localities on a competitive for programs addressing early intervention grants will be 100% state funding and the prepared by the Policy and Management Team. monies is required at this time. STAFF RECOMMENDATION: The Board of Supervisors is respectfully requested to authorize the establishment of the Multijurisidictional Policy and Management Team and to appoint the County's representation as required by the Comprehensive Services Act. Respectfully submitted, Appr~ed by ohn M. Chambli s, Jr. Elmer C. Hodge Asst. County Administrator County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens 3 -~ Attachment A Comprehensive Services Act Historv The 1991 Session of the General Assembly adopted the Comprehensive Services Act for At-Risk Youth and Families to create a collaborative system of services and funding that is child- centered, family-focused, and community-based when addressing and needs of troubled and at-risk youths and their families. The law shall be interpreted and liberally construed so as to effectuate the following purposes: 1. To ensure that services and funding are consistent with the Commonwealth's policies of preserving families and providing appropriate services in the least restrictive environment while protecting the welfare of children and maintaining the safety of the public. 2. To identify and intervene early with young children and their families who are at-risk of developing emotional or behavioral problems or both due to environmental, physical or psychological stress. 3. To design and provide services that are responsive to the unique and diverse strengths and needs of troubled youth and families. 4. To increase interagency collaboration and family involvement in service delivery and management. 5. To encourage a public and private partnership in the delivery of services to troubled and at-risk youth and their families. 6. To provide community flexibility in the use of funds and to authorize communities to make decisions and be accountable for providing services in concert with these purposes. In the Spring of 1990, the Governor established the Council on Community Services For Youth and Families, which was a cross secretarial interagency council formed between the Secretary of Health and Human Resources, Secretary of Education, and Secretary of Public Safety. After an intense study of children's issues, the Council found that children and families may have multiple needs and are frequently involved with multiple agencies. The children are often identified by the system they enter (a welfare child, a juvenile justice child, a school system child, or a mental health 4 ~~~ child) yet multiple agencies are often treating the same children. For some of the children, residential care is the most appropriate and effective way to meet their complex needs or to protect them. However, categorical funding, restrictions on the use of funds and gaps in available community services may result in many children being placed far from their families and in more restrictive care than may be necessary to meet those needs. The proposed service delivery system of the Act was driven by the philosophy that troubled and at-risk youth are best served by a community system of care that is comprehensive, coordinated and responsive to the strengths and needs of troubled youth and their families. The proposed system is designed to identify and intervene earlier, provide more flexibility in the use of funds, provide more community control and flexibility, and to provide more options to serve youth and their families. The system also allows the tailoring of services to meet the strengths and needs of the family by balancing family support and community services with secure and intensive treatment placement and by having more family involvement in service delivery decisions. Funding Funding for this Act will be provided using 16 funding streams across four state agencies and the local match currently required under existing programs provided by community agencies. The four state agencies involved include the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Department of Youth and Family Services; the Department of Education; and the Department of Social Services. There are also monies that were included in the state interagency consortium. The new act does impose the community's ability to pay in the funding allocation formulas, which tends to increase the local dollars required from Roanoke County to receive the same amount of state match. Under the ability to pay, Roanoke County's share would be 45% compared to an average of 35.721% today. 5 1 rr ACTION # A-102792-4 ITEM NUMBER ~' C.o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Approval of Change Order No. 9 and Associated Engineering costs for the Spring Hollow Reservoir Contract COUNTY ADMINISTRATOR' S COMMENTS : ~-~~"`"'°~ ~~~ BACKGROUND• The Board of Supervisors approved a procedure for approval of Change Orders on the Spring Hollow Reservoir Project. This procedure requires Board of Supervisor approval for Change Orders that will cost in excess of $200,000. SUMMARY OF INFORMATION: Change Order No. 9 in an amount of $1,186,843.40 is for material and construction required for additional drilling, grout and concrete required for the reservoir grouting. The final quantities of the reservoir grouting are: 38,530 feet of 3 inch holes 25,044 feet of 6 inch holes 4,006 cubic yards of grout 5,401 cubic yards of concrete The final quantity of grouting is 136% higher than the quantities contained in the construction bid. However, these final quantities are less than the original grouting estimates made when the project was approved by the Board of Supervisors. In addition to the above increase in the contract amount, additional geotechnical engineering services were required for grouting inspection, logging of holes and analysis of grouting program. Cost of this additional work is $79,000. Staff requests that the Board of Supervisors approve the additional expense related to the grouting. y r FISCAL IMPACT• Funds required for Change Order No. 9 in the amount of $1,186,843.40 and $79,000 for related engineering services are available within the Spring Hollow Reservoir Project Budget portion of the 1991 Water Projects Fund. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Change Order No. 9 in the amount of $1,186,843.40 and engineering services in the amount of $79,000. It is further recommended that the Board of Supervisors authorize the County Administrator to execute Change Order No. 9 on behalf of Roanoke County. SUBMITTED BY: Clifford a' P.E. Utility Director APPROVED: Elmer C. Hodge County Administrator ACTION VOTE Approved (x) Motion by: Harry C. Nickens No Yes Abs ent Denied ( ) to approve change order Eddy x Received ( ) Johnson x Referred Kohinke x to Minnix x Nickens x cc: File Clifford D. Craig, Director, Utility ACTION-~O. A-102792-5 ITEM NUMBER ~ ' rT AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for Designation of Voting Delegate to the Virginia Association of Counties' Business Meeting, November 10, 1992 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Virginia Association of Counties Annual Conference will be held at The Homestead from November 8, 1992 through November 10, 1992. Supervisor Kohinke, Supervisor Minnix and I plan to attend this conference. The attached memorandum was received from James D. Campbell, Executive Director, VACo, requesting the designation of a voting delegate from Roanoke County for the Business Meeting to be held November 10th. It is requested that the Board designate a member to serve in this voting capacity, and return the voting credentials form to VACo by November 1, 1992. Respectfully submitted, Elmer C. Hodge County Administrator ---------------------------------------------------------------- Approved (x ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: Edward G. Kohinke motion to designate H. Odell Minnix, voting delegate, and Elmer C. Hodge, alternate VOTE No Eddy _ Johnson _ Kohinke _ Minnix _ Nickens Yes Abs ent x x x x x cc: File Virginia Association of Counties - Voting Credentials Forms Supervisor Minnix Mr. Hodge VACo 1992 Aentials MFormg Voting Cred Voting Delegate: (Supervisor) Name Title Locality Alternate Delegate: (Supervisor) Name Title Locality Certified by: (Clerk of the Board) Name Title Locality VACo 1992 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 1992 Annual Meeting of the Virginia Association of Counties on November 10, 1992. anon-elected official of this county. -O R- County. a supervisor from This authorization is: County's votes ^ Uninstructed. The proxy may use his/her discretion to cast on any issue to come before the annual meeting. ^ County's votes. Instructed. The proxy is limited in how he/she may cast The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name_ Title ._ Locality President Kathleen k Se~efeldt Prince William County President-Elect Harry G. Daniel Chesterfield County Eirsrvi~ePresiaenr VIRGINIA ASSOCIATION OF COUNTIES Peggy R. Wiley Greeneville County 1001 East Broad Street • Suite LL 20 • Richmond, Virginia 23219-1901 • (804) 788-6652 • fax (804) 788-0083 seamy vice President William H.H. Blevins - Smyth County ~ ` ~y I j Secretary-Treasurer ' E. Virgil Sampson )r. sc°ttConnty TO: Chairmen, County Board of Supervisors rmmeaiare P°5r President County Chief Administrative Officers Steven A. McGraw Roanoke County Region 1 FROM: James D. Campbell, Executive Direct ~ William E. Belvin Gloucester County Region z Purcell Jr h J RE: Voting Credentials for the Annual Business Meeting . Jo n . Louisa County Region 3 David A. Kaechele DATE : October 8, 1992 Henrico Count}' Arthur S. Warren Chesterfield County Region 4 The 1992 Annual Business Meeting of the Virginia Association of Prince Ed a a ~~ my Counties will be held on Tuesday, November 10, from 10:15 a.m. to Noon at Mari~~n B. Williams The Homestead lri Bath County. Prince George County Reg'°"' rovides that each county shall Constitution h VAC f l VI A i J. Michael Davidson Campbell County p o e o t rt c e designate a representative of its board of supervisors to cast its vote(s) at the Reg'on 6 if a member of the board of supervisors However Annual Business Meeting Brad C Rosenberger Galpeper Gonnty , . cannot be present for this meeting, the Association's Constitution does allow for a Region ~ county to designate anon-elected official from your county or a member of a John D. Jenkins G ervisors from another county to cast a proxy vote(s) or your county. board of su onntY Prime Wiliam p John M. Porter staffnrd G°nnty For your county to be certified to vote at the Annual Business Meeting, MRBoima$ Ell your annual dues must be paid lri full and either a completed Voting Credentials en Arlingt°^ c°unty Form or a Proxy Statement must be submitted to VACo prior to Thgmas M. Davis III November 1, 1992. Alternatively, this information may be submitted to the Fairfax County Credentials Committee at its meeting on Monday, November 9 at 4:15 p.m. or to Katherine K. Haney Fairfax county the registration desk prior to this meetuig. Gerald W. Hyland Fairfax County REGIONAL CAUCUSES William T. Newman Jr. Arlington Gounty Ill several regions of the state, more than one candidate has emerged to be Region 9 considered for the VACo Board of Directors. We hope that these contests can be Charles W. `carry Augusta County decided within the re on before the Nominatin Committee pre ayes its slate for gl g t' p Harper R. Wagner consideration by the full membership. Accordingly, we have set aside some time Bath`°nnty Sunday afternoon, Nov. 8th, for regional caucuses, if they are needed. If your Region 10 F°rr Gi d s G region would like a meeting room, please advise me ASAP. y rar u . Franklin County Wanda c. Wings' Please call me at 804 788-6652 if ou have an uestlons about this ( ) Y Y q Botetourt county Region 11 prOCeSS. Mason A. Vaughan Sr. Pulaski County Region 12 James H. Gibson J 1JC:bp Lee County Kenneth G. Mathews Washington County Attachments Representative t° NACo Gerald W. Hyland ~_ VACo Board of Directors Fairfax County Past Presidents Jack D. Edwards James City County W.D. Gray Richmond County Executive Director James D. Campbell, CAE General Counsel C Flippo Hicks VACo 1992 Annual Meeting Voting Credentials Form Voting Delegate: (Supervisor) Name H. ODell "Fuzzy" Minnix Title Supervisor, Cave Spring Magisterial District Locality Alternate Delegate: (Supervisor) Name Roanoke County Elmer C. Hodge Title County Administrator Roanoke County Locality Certified by: (Clerk of the Board) Name Marv H. Allen 7~. Title Clerk to the Board Locality _ Roanoke County ------------------------------------------------------------------ VACo 1992 Annual Meeting Proxy Statement County authorizes the following person to cast its vote at the 1992 Annual Meeting of the Virginia Association of Counties on November 10, 1992. anon-elected official of this county. -OR- asupervisor from County. This authorization is: ^ Uninstructed. The proxy may use his/her discretion to cast County's votes on any issue to come before the annual meeting. ^ Instructed. The proxy is limited in how he/she may cast County's votes. The issues on which he/she may cast those votes and how he/she should vote are: (List issues and instructions on the back of this form) Certified by: Name ~~~ 7~ . Title Locality ~t~c ~t-w,~ ~, ACTION NO. A-102792-6 ITEM NUMBER ~ ' 8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request from Congressman Boucher for a Roanoke County Appointee to Serve on the Not-for- Profit Corporation Southwest Development Financing, Inc. COUNTY ADMINISTRATORS COMMENTS: BACRGROUND: Board Chairman Lee Eddy has received the attached letter from Ninth District Congressman Rick Boucher. At Congressman Boucher's request, the Congress has made a special appropriation of $1 million for a tourism revolving loan fund. The fund will be used to upgrade local cultural and historic assets to increase tourism in southwest Virginia. He has established a not-for-profit corporation, Southwest Development Financing, Inc. to make available low-interest loans for local tourism development purposes. The corporation will be controlled by the 23 counties and cities in the Ninth Congressional District. SUMMARY OF INFORMATION: Congressman Boucher has asked that each City Council and Board of Supervisors designate one individual who will serve on the board of directors. The individual need not be an elected official, but should possess knowledge in fields such as commercial lending, accounting, law and the tourism industry. The attached letter outlines the responsibilities of the members of the Board of Directors. STAFF RECOMMENDATION: Chairman Eddy is requesting that the Board of Supervisors appoint either an elected official or member of the County staff to serve on the Southwest Development Financing, Inc. .. ~U - d Elmer C. Hodge \ County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: .dw rd ~. Koh;nk No Yes Abs ent Denied ( ) to desi_gnat Fdw rd ~. Kohink Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File The Honorable Rick Boucher, Member of Congress Committee Book RICK BOUCHER ~ 9TH DISTRICT, VIRGINIA COMMITTEES: ENERGY AND COMMERCE JUDICIARY SCIENCE, SPACE, AND TECHNOLOGY CHAIRMAN, SUBCOMMITTEE ON SCIENCE ASSISTANT MAJORITY WHIP ~ongregg of tfje ~ttfteb ~tate~ ~ou~e of ~e~regeutatibe~ ~agfjittgton, ~~ 20515-4609 October 15, 1992 The Honorable Lee B. Eddy Chairman, Roanoke County Board of Supervisors P.O. Box 29800 Roanoke, Virginia 24018-0798 Dear Lee: ~,6R~ ~ WASHINGTON OFFICE: 405 CANNON HOUSE OFFICE BUILDING WASHINGTON. OC 20515-4609 (202) 225-3861 CONSTITUENT SERVICE OFFICES: 188 EAST MAIN STREET ABINGDON, VA 24210 (703)628-1145 371 SHAWNEE AVENUE, EAST BIG STONE GAP, VA 24219 (703) 523-5450 112 NORTH WASHINGTON AVENUE P.O. BOX 1268 PULASKI, VA 24301 (703) 980.4310 Each of Southwest Virginia's counties and cities contains assets which if upgraded and cxpandeu wuid i~iake That community a tourism destination. Old structures with unique architectural characteristics that reflect the history of our area abound throughout Southwest Virginia. Our communities are also noted for their rich cultural heritage which is reflected in a variety of fairs, festivals and dramas. If the old structures could be properly renovated and the fairs and festivals properly promoted, the Ninth District's localities could begin to realize more of their tourism potential. My office receives numerous requests each year from local governments and individuals expressing an interest in renovating and marketing these local assets and events; however, generally speaking, funds for those purposes are unavailable. To meet this need, I have established anot-for-profit corporation, Southwest Development Financing, Inc., and the Congress has approved my request for $1 million as the initial capital for the corporation's fund. These monies will be made available in low- interest loans for local tourism development purposes. I am enclosing for your information a public statement which I issued earlier this month which fully describes the structure of the corporation and the goals we are seeking to achieve through its activities. The corporation will be controlled by the 23 counties and cities that comprise the Ninth Congressional District. Each city council and each board of supervisors will designate one individual who will serve on the board of directors. It is my intention to convene an organizational meeting of the board of directors in December, and I would appreciate your placing on the agenda of one of your upcoming meetings the selection of an individual who will represent Roanoke County on the board of the corporation. The individual you choose need not be an elected official. It would be particularly helpful if members of the board possess knowledge in fields such as commercial lending, accounting, law and the travel and tourism industry. I would appreciate your considering these needs as you make your selection. ~- ~- The Honorable I.ee B. Eddy page two I do not anticipate this service requiring a great deal of time. In fact, the board of directors will probably meet no more than twice each year at a location near the geographic center of the Ninth District. The board of directors will have an executive committee comprised of approximately eight board members, chosen by the board, which will meet more frequently and exercise the powers of the board between meetings of the board. The board will also appoint a loan review and project approval committee which will make the actual decisions with regard to which projects receive loans from the corporation. The board of directors will establish broad guidelines and criteria for the kinds of projects which should be funded and leave the detailed review of particular projects to others. When you have selected an individual to represent Roanoke County on the board of directors phase convey that inforn;aticn to my Abingdon office. If you have questions concerning the structure or purposes of Southwest Development Financing, Inc. , please direct them to me or to Donna Stanley, my District Director, in my Abingdon office. Thanking you for your assistance with this project, I remain with kind personal regards and best wishes Sinc y, Rick Boucher Member of Congress Enclosure ACTION NO. ITEM NUMBER ~ _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for Work Session on November 17, 1992 to Discuss the 1993-94 Budget Process COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Chairman Lee Eddy has requested that a Work Session be set to discuss the process by which the 1993-94 budget will be developed. He has also suggested implementation of budget related suggestions in "Reinventing Government" STAFF RECOMMENDATION: Staff requests that the Board of Supervisors set a Work Session on November 17, 1992 to discuss the 1993- bud process. ~'z`~ , Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens ACTION NO. ITEM NO. ~ '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND' The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for November 17, 1992. The titles of these ordinances are as follows: 1. An ordinance to eliminate conditions on a 1.19 acre parcel zoned M-1 conditional, located at 6560 Commonwealth Drive, Cave Spring Magisterial District upon the petition of Carlen Controls Inc. 2. An ordinance to rezone 4.65 acres from M-2 to A-1 to construct a church, located at 8364 Bent Mountain Road, Windsor Hills Magisterial District, upon the petition of Back Creek Baptist Fellowship. 3. An ordinance to rezone approximately 15.38 acres from M-2 to B-2 and obtain a Special Exception Permit to operate a golf driving range and golf learning center, located on the east side of Hollins Road and north of Carvin Creek, Hollins Magisterial District, upon the petition of Wayne Holley. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. G i -3 STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for November 17, 1992. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 3, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, `Y'et ,'V`y'.~, Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens Vote U No Yes Abs ~~IL ~^ ~ ~~ ~~- r a h ~`. 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'se 22 as / M rsyo°8 M21.6 0 ti I.ozhc ,' ML I~~ o a ~ry ~ ~~ rza ; '~ . 0 /zs.7J ~' z b ~ byry M2. a 33 ,p /g 8 ~ 0S1 $ 2i 4yyR / m ~ rzfl~ z ~ ~ 1.2 ~ 37?~ '1ry a ~ ^. / 0 ' 21 ` 1.01 Ae M 2~ ~ ~ ~~ 32 ~ • • ° ~ r:s.~ ~ M 2 • O u s° / ,u 2.02 ae o M 2 Is ~, 01 e3 " M 2 , ,./ a /~ ti ~ ^' o -~s -18- e Q "~ a o LI ALL OTHER PARCELS ~ . a` 24 0 ~' e" 3.o2x 19 ARE ZONED R-1 '' ~ '" • ` a.zsa~ Roa,y +l DEPARTMENT OF PLANNING CAREEN CONTROLS, INC. p AND ZONING 87.14-3-2.1 d=~` M1C TO Ml (Removal of Proffered Conditions) race /, ,otl 0°N 694, \ 612 695 1 70 ti o ~ 1 ~ C n.~ ~ Q 'g 6 ~ P\~ v o ~ z~ LOST MOIj NTAI ~ aooges 1 ~ 9C ~ B9 61 /i J~~ O ' MII 1 4. o ~ I ~, '~~ ~ .r t tl ~ ` ^ aaRrRr yoGk have QOpP 916 6% o o. o ~ 7g , , .n ~1 0 169 0 688 613 `C_ I i~/ _j~\y m 786 ~ Gy_~ ~9}7~__ ~ 752 764 0 ) c po 612 r T BLUE 'c ~ J ~~ O / '~ ( ?o0 00~ o 690 711 BEN N 1 1 ~^ RNO ~ ~ ~ T s 612 901' B ~. 612 re y U/S I o / '0 6 o. C o.a ~ ~~ ` ; 711 798 ; P~ MOVNr4iN 1 ~~ l I i a o f 1 6~0`7r VICINITY MAP~ eira , 64~e ~ Lsa Ac R044,04f DEPAR'I'I~NT OF PLANNING BACK CREEK BAPTIST FELLOWSHIP Z' ~ ~ ~ AND ZONING 94.Od - 1-57 ~, ~ 2 , ~_QC to A-1 a` ' ie~e c;-z Q /.fW hhec _ _ J~ i a"r<noN • (fR 4~f PETfNi N0i3x• J FP CR ILLTDP ._.. __ ___~ $U VAL~- ~~ y [R. ~ - -- _4 (~,/, ~ _ _,MI( G hµ "c°~uAw 11 ~'^q HI . o .. ¢- (S DoR Nx . ~ - ---- - (frtta a BLV`Et >i L MPUG TE~ /'F'V s 6 ~ ~ ° ~ ~ z I°94. ~ o" y,l aui cau~a~~ t}Ft10~E}+ i ? :~ s i a Q All foP OR y fo ~ ~ p 5 ° ze e. l~~e~squ E MEIdOF1AL ~ ~ pPP'FS J` ~DO VISTA AV.~ y a° 2 Y~ [7' TM~' +GARq€NS „'o, i°~z v p't \• ~ ~q~o mp AHEIGHTS -} f 7f~AF'S 4.5 E N VR~:~ Jfsa.c tLOW (R[f•. t5 EN rRaNC^I~P~t ~~~•Saf`' P1~'~ i~ 2 ~Y S N LUB p0 P an c i o s c °~yz Q'~o56 / ~ ~ bREE1VY !a/fNOS ,0 625 ~ ll 9Q ~~1tI' / .•: 6Tala ~ S~p~ p~ZFL ~~V~•f~•a4\ ~ ~K(A°,tOS' ~:;.y \.P L OR S/a~(lfl~0 •03Ra NG CEN Q~ a/ .9 : $1`C °, ~G z ` 4~o W I y `~., d~ ~ Q ~ /g~je' 4_ ;fin Nwv/N / OANO ~1E F°6 E /R ••, $~~ v'~oP 9 ~~~~.;E~~~;N~R s /R/,f~ i 5 .t RE6/dNAL TfRpE;Ea~~°D~ ~ s~°~~~ IR qA,~I `T~~ P. e[ qL N q P ° a~ ~~ ~ FAKE ~ u ., ~ A/RP RT 9 CR°SSRpaO~ J ~.~'' I Q MING ~ ELtZA R K-MARNSUMER ~ ,.~ VAL~ P~', J 'U m ~ 17 .n.~ AR T~'MALL P S :~' ~ a •~...;.~~~VICINITY MAP-_..F ~ENrw~~;-:..._ „ ~ e Q G-.~ D NORTH ~ 4 ~ roe ;u ~~' I ~~ -'-_~% O /~ sa°O+°.~i ~ ° / . , ,~ w, I u ~ ~ II I q{~ .~ / 6 ~ u,.. Q3 O R 3 R3" 1 ~ 6 r~ ~~ P/0 3B~-I-~ ~ I / P/O 3616-1- SI \ I ~~ I ~ `R ~ F Q Ri n ~ - - ~ ~ \ ~ u ~ °004 ; w ~ ~ R ~ ~ r...,.....K..f e~ f ~\ ~\ _ ,., :,~ "moo; - ~ 625 R3 4.-/~ az ' \ , ~ I --- ,::~ R,. _~ Al R~ 9$ .~~/ '~. e ~ _ `~ \ C _ \ \ P•j ~ / i_S \~ q -. _ RPo We - '9] ~~~ /-\ ~ _ ` a°AN WAYNE HOLLEY .: °+F DEPAR'I'NfENT OF PLANNING Part of 38.16-1-3 Z' ~ - a ~ AND ZONING - °' p2 .. M2 to B2 lee ROANORE COUNTY REZONING APPLICATION Date Rec .: '6 -~ ~ ~v~ ~~+ Received By: - ~~V~GYV~~ Case No.: Ord. No. SEP 0 3 1992 ~~.~c Res ~ 1. Owner's Name• Shirley B. Bolick. & Eric T. Carlen phone' 772-1736 T/A Carlen Controls, Inc. Address: 6560 Commonwealth Drive ,_ P.O. Box 21068, Roanoke .VA 24018 2. Applicant's Name• Shirley Bolick & Eric Carlen phone' 772-1736 Address' 6560 Commonwealth Drive, P.O. Box 21068, Roanoke, VA 24018 3. Location Of Property' Southwest Industrial Park Tax Map Number (s) : 87.14-3-2.1 4. Magisterial District: Cave Spring 5. Size of Property: 1+ acre 6. Existing Zoning: Ml-C Existing Land Use: Industrial 7. Proposed Zoning' Removal of proffers Proposed Land Use: Industrial expansion 8. Comprehensive Plan Designation: Principal Industrial 9. Are Conditions Proffered With This Request? Yes No X (If you are voluntarily offering proffers as a part of your applica- tion, these proffers must be in writing. A member of the Planning Staff can assist you in the preparation of these proffers.) 10. Value of Land and (Proposed) Buildings: $85,000* ($150,000 ~ existing) es ima e 11. The Following Items Must Be Submitted With This Application.' Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing Or Incomplete: X Letter of Application g Concept.Plan X Metes and Bounds Description g List of Adjacent Owners of Property (Attach Exhibit A) X Vicinity Map X Application Fee Written Proffers x Water and Sewer Application (If Applicable) 12. Signature Of Property Owner, Contract Purchaser, Or Owner's Agent: Signature ~_ . ~-~ -- Date ~3 -20 -92- 8-ad -g ~ CAREEN controls August 20, 1992 Terry Harrington Director of Planning and Zoning Roanoke County P.O. Box 29800 Roanoke, VA 24018-0798 Dear Mr. Harrington: Please accept and consider this rezoning request for the betterment and growth of our small business. Through this application, we are requesting the removal of the existing proffers. By removing these proffers, more specifically, the 100-foot buffer requirement, we will be able to expand our operation by 5,000 square feet. This expansion is necessary as an international company with two local manufacturing facilities has contracted us to serve as the sole producer of a part that they will use in the assembly of their finished product. While no new proffers accompany this application, we would be willing to meet with the adjacent property owners to discuss their concerns. For your information, we plan to hold a meeting with our neighbors within the next two weeks. If you have any comments or questions, please feel free to call either one of us. Thank you for your assistance. Sincerely, CAREEN CONTROLS, INC. Shirley B. Bolick ~ . ~ ~~, Eric T. Carlen CAREEN CONTROLS, INC. P.O. BOX 21068 ROANOKE, VA 24018 PHONE: 703 772-1 6560 COMMONWEALTH DRIVE FAX: 703 772-1 • ROA~iO1C$ COONTY OTILITY DEPARTMENT APPLICATION FOR h1ATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date 8/20/92 Name of Applicant Carlen Controls, Inc. phone 772-1736 Address of Applicant 6560 Commonwealth Drive, P.0. Box 21068, Roanoke, VA 24018 Name of Developer Shirley Bolick & Eric Carlen phone 772-1736 Address of Developer 6560 Commonwealth Drive, P.0 .Box 21068, Roanoke, VA 24018 Name of Design Engineer Richard A. Willet Phone 380-2944 Address of Design Engineer 4836 Warrior Drive, Salem, VA 24153 Name of Contact Person Eric "Ted" Carlen Name Of Proposed Development Carlen Controls Expansion Type of Development and proposed number of units (Be specific) Expansion of existing facility. The expansion will involve a 5,000 square foot manufacturing facility. Water and sewer already exist and both are being used. Location of proposed development (Furnish copy of map): Southwest Industrial Park Size of proposed development in acres: 1± Acres- Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum feet MSL. Maximum feet MSL Is this application for a development that will be a part or section of a larger future development? x No Yes If yes, provide map of entire area if available. (OVER) Signatu of .Applicant ~~~ ~ ' Date Rec .: ~ ~ Received By: L Case No.• Ord. No.: ROANOKE COUNTY REZONING APPLICATION 1. Owner' s Name : ~. ~ h` ~ • ~T ~ a ~fh' ~ ~Y~ `~~ Lid/C~~one : ~r?~~~~~ Address:'y~~'~ l/~= 2. Applicant's Name:,~,~~ ~~/L ~~191/S~ ~~u~S~i~ Phone: ~7 ~~~/~ Address: 3. Location of Property: d ~~~ ~L~'~ ~2"~- ~~~ • Tax Map Number (s) : ~~~ (~ ~ •''• 4 . Magisterial District: ~/i/Q ~'~rL. ~t-i ~S 5. Size of Property: ~(v 5~ ft 6. Existing Zoning: /~- ~ ~ Existing Land Use: 0~7" ~~~ 7. Proposed Zoning:~'-~ Proposed Land Use : ~~l~C t~/~ 8. Comprehensive Plan Designation: /~G'/l,~ V~~~~ 9. Are Conditions Proffered With This Request? Yes No~ ~~ (If you are voluntarily offering proffers as a part of your applica- tion, these proffers must be in writing. A member of the Planning Staff can assist you in the preparation of these proffers.) l0. Value of Land and (Proposed) Buildings: 11. The Following Items Must Be Submitted With This Application. Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing Or Incomplete: Letter of Application Concept Plan ~~ Metes and Bounds Description _~ List of Adjacent Owners of Property (Attach Exhibit A) Vicinity Map Application Fee Written Proffers ~_ Water and Sewer Application ~1"~ (If Applicable) 12. Signature Of Property Owner, Contract Purchaser, Or Owner's ent: Signature / ~~-~~-9~c-~ ~~'`~ `~' • Date - ~~ ~9/~~ ROAHOICE COONTY OTILITY DEPARTMENT APPLICATION FOR WATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date 911!0 ~cZ ~ pM ~' Co.2b L LACE-1 o W i G Z c Name of Appl scan t ~. ~~ Co /~ Phone ~ ~ ~ ^ ~ l S~ Address of Applicant ~~`~~' ~~'~~~ Cr~~~ ~~~ ~ ~~-~ z~or8 Name of Developer gAG{~ ~.~EK- P~.~rSr ~~~wSphone 77~~ f9 t z-- Address of Developer g~~~ P~r~T MOct~lrt~~~ ~~.~~ Name of Design Engineer ~1~~, Phone Address of Design Engineer Name of Contact Person Name of Proposed Development Type of Development and proposed number of units (Be specific) G~u~c---1~ Foci. I5 - 30 ~co~c-~. , ~KcSt ~c~l~ M~T/~[~ F3 L~ Location of proposed development (Furnish copy of map) : & PLANIMETP,IC NUMBER Size of proposed development in acres: ® Acres Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum feet MSL. Maximum feet MSL Is this application for a development that will be a part or section of a larger future development? No Yes If yes, provide map of entire area if available. ~ovE~) ~c.~T~ja-e,~ ^ Signature of Applicant Atsa Is -~IoT RE~ccEs<<r~1~ Sctcc-~ ~7 ~t~~.S i c r~~, ROANOKE COUNTY REZONING APPLICATION 1. Owner's Name: Address: Date Rec.: ~/_ ~8-~J~ ~y'~ Received By: (i~, (,'~ ~~ Case No.: -~-- ~~ ~ Ord. No.: ~I ~~ Mildred & David Hinman Dominion Trust Co. 213 South Jefferson Street, Roanoke, VA 24011 Linda Wade Phone : 563-7 785 2 . Applicant' s Name : Wayne Holley Address: 7034 Ardmore Drive, Roanoke, VA 24019 Phone : 366-3084 3. Location of Property: Hollins Road (Route 601) Tax Map Number(s) : 38.16-1-3 4. Magisterial District: 5. Size of Property: 6. Existing Zoning: Existing Land Use: 7. Proposed Zoning: Proposed Land Use: Hollins 15.38+ acres M-2 Agricultural B-2 Golf driving range (and golf learning center) 8. Comprehensive Plan Designation: 9. Are Conditions Proffered With This Request? Yes No X (If you are voluntarily offering proffers as a part of your applica- tion, these proffers must be in writing. A member of the Planning Staff can assist you in the preparation of these proffers.) 10. Value of Land and (Proposed) Buildings: 11. The Following Items Must Be Submitted With This Application. Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing Or Incomplete: X Letter of Application ~; Concept Plan X Metes and Bounds Description X List of Adjacent Owners of Property (Attach Exhibit A) X Vicinity Map Application Fee Written Proffers g Water and Sewer Application (If Applicable) 12. Signature Of Property Owner, Contract Purchaser, Or Owner's Agent: .~~~~ ;, Signature Date September 17, 1992 September 14, 1992 Mr. Terrance Harrington Director of Planning and Zoning County of Roanoke P.O. Box 29800 Roanoke, VA Dear Mr. Harrington: I respectfully request that the Planning Commission consider my request to rezone the particular parcel of land described on the enclosed application. The purpose of requesting the rezoning of this particular tract of land is so that I may develop a golf driving range and learning center on the property. Future plans include a miniature golf course, batting cage, putting green and sand trap. I also anticipate constructing~a club house, 2,400 square feet or less, and have food and beverages available on the premises. Please contact me if you desire additional information. Sincerely, °u_.) c~.~7~~~ Wayne Holley 7034 Ardmore Drive Roanoke, VA 24019 (703) 366-3084 • ~ ROAgOICE COUNTY UTILITY DEPARTI~NT APPLICATION FOR WATER OR SEWER SERVICE TO PROPOSED DEVELOPMENT Date September 17, 1992 Name of Applicant Wayne Holley Phone 366-3084 Address of Applicant 7034 Ardmore Drive, Roanoke, VA 24019 Name of Developer Wayne Holley 366-3084 Phone Address of Developer 7034 Ardmore Drive, Roanoke, VA 24019 Name of Design Engineer Frank Caldwell phone 387-1153 T.P. Parker Address of Design Engineer 816 Boulevard, Salem, VA 24153 Name of Contact Person Wayne Holley Name of Proposed Development Wayne Holley Golf and Learning Center Type of Development and proposed number of units (Be specific) Golf driving range Recreation facility for learning and practice of golf Location of proposed development (Furnish copy of map) : & PLANIMETRIC N[JMBER Hollins Road (Route 601) Size of proposed development in acres: 15.38+ Acres Give minimum and maximum elevation (Use USGS Elevations) at which the individual water/sewer service connections would be located: Minimum feet MSL. Maximum feet MSL Is this application section of a larger If yes, provide map Planimetric map attache (ovE~) for a development that will be a part or future development? 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SEwF.G •~m..---.~~z=.. ~o~~Q.m s=c _ .~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 10-27-92-7 AUTHORIZING CONVEYANCE AND/OR ACCEPTANCE OF CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT WHEREAS, the Hollins Community Development Project has involved acquisition by the County of water and sewer easements and parcels of land for the road improvements, which are described by parcel number, with reference to the project plans, and by tax map number; and, WHEREAS, it is in the best interests of the individual property owners and the County to take the necessary steps, where a question arises, to resolve and clarify any discrepancies or lack of specificity by entering into the appropriate legal instruments for such purpose, which involves conveyance and/or acceptance of the respective interest in real estate. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992; and, 2. That with reference to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed and/or accepted are solely for purposes of resolution and clarification, and do not involve the disposition or acceptance of any additional real estate; and, 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to convey and/or accept certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal descriptions in connection with the Hollins Community Development Project, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Clifford D. Craig, Director, Utility ACTION NO. ITEM NO. ~ _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: ORDINANCE AUTHORIZING CONVEYANCE AND/OR ACCEPTANCE OF CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY• ~~~ ~ ~ This is the second reading of the proposed ordinance to authorize conveyance and/or acceptance of certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal descriptions in connection with the Hollins Community Development Project. BACKGROUND• By Resolution No. 84-123, adopted on July 24, 1984, the Board of Supervisors of Roanoke County authorized staff to undertake the necessary action to fund and complete the Hollins Community Development Project. The project involved installation of sewage treatment facilities, water supply facilities and bathrooms in dwelling units without such facilities, and reconstruction of the roadways. Construction was substantially completed by 1989, but involvement by the County in the development project is on-going. SUMMARY OF INFORMATION: The project has involved acquisition of water and sewer easements and parcels of land for the road improvements by the County. The real estate interests which have been acquired are described by parcel number, with reference to the set of plans for the "Hollins Community Development Project" on file in the Office of the Roanoke County Department of Public Facilities, and by tax map number. Questions have been raised regarding the adequacy specificity of the legal descriptions for purposes of property reconveyances, title certification, title insurance, and surveys. In order to serve the interests of the individual property owners and the County, it would be advisable to take the necessary steps ~- / to clarify the descriptions and clear the possible by entering into deeds, agreements, legal instruments, which involves conveyance the respective interests in real estate. FISCAL IMPACTS• None ALTERNATIVES• titles to the extent or other appropriate and/or acceptance of (1) Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance and/or acceptance of certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal descriptions in connection with the Hollins Community Development Project . (2) Decline to adopt the proposed ordinance and consider any petitions for title and legal clarification on an individual basis. STAFF RECOMMENDATION: Staff recommends that the Board adopt the proposed ordinance. Respectfully submitted, Vic ' e L. H fm n Assistant County Attorney Action Approved Denied Received Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs ...L~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE AUTHORIZING CONVEYANCE AND/OR ACCEPTANCE OF CERTAIN PARCELS OF REAL ESTATE OR EASEMENTS IN CONNECTION WITH THE HOLLINS COMMUNITY DEVELOPMENT PROJECT WHEREAS, the Hollins Community Development Project has involved acquisition by the County of water and sewer easements and parcels of land for the road improvements, which are described by parcel number, with reference to the project plans, and by tax map number; and, WHEREAS, it is in the best interests of the individual property owners and the County to take the necessary steps, where a question arises, to resolve and clarify any discrepancies or lack of specificity by entering into the appropriate legal instruments for such purpose, which involves conveyance and/or acceptance of the respective interest in real estate. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992; and, 2. That with reference to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be conveyed and/or accepted are solely for purposes of resolution and clarification, and do not involve the disposition or acceptance of any additional real estate; and, _~ l 3. That the County Administrator is hereby authorized to execute such documents and take such actions as may be necessary to convey and/or accept certain parcels of real estate or easements in order to clear any title discrepancies and to clarify legal descriptions in connection with the Hollins Community Development Project, all of which shall be on form approved by the County Attorney. c:\wp5l\agenda\realest\hollins.l ~..L AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-8 AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, are the owners of certain parcels of land located on Peters Creek Road, N.W., in the County of Roanoke, Virginia; and, WHEREAS, Roanoke County has an existing 15' sanitary sewer easement running 5' from and parallel with the northwest property lines of said parcels; and, WHEREAS, the property owners need to acquire a 10' private sewer easement within the public easement in order to provide service to the properties; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing sanitary sewer easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not conflict with the specified public use of the easement, the form of F the real estate interest in the subject sanitary sewer easement renders it unacceptable and unavailable for other public uses, and and is hereby declared to be surplus; and, 2. That conveyance to Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, of a 10' private sanitary sewer easement within the existing 15' public sanitary sewer easement, as shown upon the Easement Plat dated July 8, 1992, made by Balzer and Associates, Inc., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County Attorney. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney Clifford D. Craig, Director, Utility Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John D. Willey, Director, Real Estate Assessment r ACTION NO. ITEM NO. T- 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: ORDINANCE AUTHORIZING THE COUNTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT FOR PRIVATE SANITARY SEWER SERVICE BY PROPERTY OWNERS COUNTY ADMINISTRATOR'S COMMENTS: ~,zti~''""''~'` EXECUTIVE SUMMARY: This is the second reading of the proposed ordinance to authorize the County Administrator to grant the right to use a Roanoke County sanitary sewer easement for private sanitary sewer service to properties located on Peters Creek Road, N.W. BACKGROUND' Section 18.04 of the Roanoke County Charter provides that, in authorizing the sale or granting of any right in property, including the right to use an easement, the board shall act only by ordinance, which requires two readings. SUMMARY OF INFORMATION: Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, is the owner of a parcel of land known as Tract B-2-B, containing 0.385 acre; John J. Davis, Jr., is to become the owner of Tract B-2-A, containing 0.444 acre; and Jones Investment Ventures, a Virginia general partnership, is the owner of a parcel of land known as Tract B-1, containing 0.355 acre. Roanoke County has an existing 15' sanitary sewer easement, running 5' from and parallel with the northwest property lines, along the rear of each of said parcels. The above-referenced owners want to extend two 4" private sewer lines within the County's easement to provide service to the properties. They have requested that the Board of Supervisors consent to the dedication of a 10' private utility easement within the existing 15' public easement, as shown on the attached copy of a plat dated July 8, 1992, prepared by Balzer and Associates, Inc. .Z -•~.. This request has been reviewed by the County Utility Department. The proposed use does not conflict with present or future use of the existing easement by the County. The first reading of this ordinance was held on October 13, 1992. FISCAL IMPACTS' None. ALTERNATIVES' (1) Adopt an ordinance authorizing the County Administrator to grant the right to use a Roanoke County sanitary sewer easement for private sanitary sewer service to subject properties located on Peters Creek Road, N.W. (2) Adopt an ordinance authorizing the County Administrator to sell, for fair market value, the right to use the subject sanitary sewer easement. (3) Decline to adopt the proposed ordinance. STAFF RECOMMENDATION: Staff recommends that the proposed ordinance be adopted. On October 13, 1992, the Board supported Alternative (1). Respectfully submitted, Vickie L. Hu Assistant County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Nickens Minnix Vote No Yes Abs ~~ '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE AIITHORIZING THE COIINTY ADMINISTRATOR TO GRANT THE RIGHT TO USE A COUNTY SANITARY SEWER EASEMENT FOR PRIVATE SANITARY BEWER SERVICE BY PROPERTY OWNERS WHEREAS, Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, are the owners of certain parcels of land located on Peters Creek Road, N.W., in the County of Roanoke, Virginia; and, WHEREAS, Roanoke County has an existing 15' sanitary sewer easement running 5' from and parallel with the northwest property lines of said parcels; and, WHEREAS, the property owners need to acquire a 10' private sewer easement within the public easement in order to provide service to the properties; and, WHEREAS, the proposed private easement does not conflict with the present or proposed County use of the existing sanitary sewer easement; and, WHEREAS, pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading of this ordinance was held on October 13, 1992; and a second reading was held on October 27, 1992. THEREFORE BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject private easement does not conflict with the specified public use of the easement, the form of ~! the real estate interest in the subject sanitary sewer easement renders it unacceptable and unavailable for other public uses, and and is hereby declared to be surplus; and, 2. That conveyance to Lube Ventures Real Estate Company, L.P., a Virginia limited partnership, John J. Davis, Jr., and Jones Investment Ventures, a Virginia general partnership, of a 10' private sanitary sewer easement within the existing 15' public sanitary sewer easement, as shown upon the Easement Plat dated July 8, 1992, made by Balzer and Associates, Inc., a copy of which is attached hereto, is hereby authorized. 3. That the County Administrator is hereby authorized to execute such documents and take such actions on behalf of Roanoke County as may be necessary to accomplish the conveyance, all of which shall be on form approved by the County Attorney. c:\wp51\agenda\lubevent.ord r 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TIIESDAY, OCTOBER 27, 1992 ORDINANCE 102792-9 AUTHORIZING THE ACQUISITION OF 13.74 ACRES OF REAL ESTATE FROM ROGER AND SHARON VEST, AND AN APPROPRIATION OF PUBLIC FUNDS THEREFOR WHEREAS, the first reading of this ordinance was held on October 13, 1992, and the second reading of this ordinance was held on October 27, 1992, and, WHEREAS, the Board has determined that the acquisition of this real estate is in the public interest and is necessary for the provision of public utility services, the drilling and construction of wells to provide potable water to the citizens of this portion of the County, and, WHEREAS, the Board has determined that the acquisition of this real estate may serve other incidental public purposes, namely, for the park and recreational needs of the citizens of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition of that certain tract of real estate containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and located on State Route 221 from Roger E. and Sharon M. Vest is hereby authorized and approved. 2) That there is hereby appropriated the sum of $50,000.00 from the Utility Fund for the purpose of acquiring said real estate, and for the expenses of acquisition. 3) That the County Administrator is authorized to execute such documents and to take such actions as may be necessary to 1 accomplish the purposes of this ordinance, all upon approval as to form by the County Attorney. 4) That this ordinance shall be in full force and effect from and after October 27, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. H lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Clifford D. Craig, Director, Utility Paul M. Mahoney, County Attorney John D. Willey, Director, Real Estate Assessment Diane D. Hyatt, Director, Finance 2 ACTION # ITEM NUMBER -_ "~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Second Reading of Ordinance to Authorize Acquisition of a 13-acre Tract of Land from Roger E. and Sharon M. Vest COUNTY ADMINISTRATOR' S COMMENTS : ~s-c-~.~~7"'`"'''~ BACKGROUND• The Forest Edge and Carriage Hills area experiences water shortages during the low rainfall periods. The County has had to restrict water use in the area by limiting outdoor water use and by not allowing additional water connections. The Board of Supervisors directed staff to obtain additional wells in the Forest Edge area in order to increase the supply of water to the existing customers. SUMMARY OF INFORMATION: Groundwater wells in the Forest Edge and Carriage Hills area are generally low yield due to the underlying geological foundation. In order to provide an adequate supply of water, staff proposes to drill a series of shallow wells to make maximum use of the available groundwater. The county's geotechnical consultant has selected a potentially suitable area along Back Creek at the point where Martins Creek flows into Back Creek. The area is a 13.74 (more or less) acre tract of land owned by Roger E. and Sharon M. Vest. The staff has received an appraisal report for the above property from Earl G. Robertson. The appraisal report establishes a fair market value of $58,000 for the 13.74-acre tract. The property owners have agreed to sell the 13.74 acre-tract to Roanoke County for $50,000 with the condition that the property be used for water supply or a public park. Additionally, the owners would have first right of refusal if the County sold the property. The property owner has agreed to give the County an option to purchase the property contingent upon the County ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE AUTHORIZING THE ACQUISITION OF 13.74 ACRES OF REAL ESTATE FROM ROGER AND SHARON VEST, AND AN APPROPRIATION OF PUBLIC FUNDS THEREFOR WHEREAS, the first reading of this ordinance was held on October 13, 1992, and the second reading of this ordinance was held on October 27, 1992, and, WHEREAS, the Board has determined that the acquisition of this real estate is in the public interest and is necessary for the provision of public utility services, the drilling and construction of wells to provide potable water to the citizens of this portion of the County, and, WHEREAS, the Board has determined that the acquisition of this real estate may serve other incidental public purposes, namely, for the park and recreational needs of the citizens of the County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA: 1) That the acquisition of that certain tract of real estate containing 13.74 acres and identified as Tax Map No. 95.01-1-46, and located on State Route 221 from Roger E. and Sharon M. Vest is hereby authorized and approved. 2) That there is hereby appropriated the sum of $50,000.00 from the Utility Fund for the purpose of acquiring said real estate, and for the expenses of acquisition. 3) That the County Administrator is authorized to execute such documents and to take such actions as may be necessary to 1 .~=3 accomplish the purposes of this ordinance, all upon approval as to form by the County Attorney. 4) That this ordinance shall be in full force and effect from and after October 27, 1992. c:\~ 7 \agenda\realest\vest.ord 2 ki-Y AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, OCTOBER 27, 1992 RESOLIITION 102792-10 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM R - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for October 27, 1992 designated as Item K - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 4, inclusive, as follows: 1. Approval of Minutes - August 25, 1992, September 8, 1992, and September 22, 1992. 2. Approval of Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree. 3. Approval of Raffle Permit from the Marine Corps Reserve Toys for Tots Program. 4. Authorization to Pay Legal Fees to Cover Litigation with Grumman Emergency Products, Inc. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Minnis to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File August 25, 1992 4 7 ~ '~ Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 August 25, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of August, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived 3:15 p.m.) MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, Jr., Assistant County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer August 25, 1992 (f 8 '~ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None Supervisor Johnson requested that the resolution reflect that the previous board resolution approving Alternative 2 was being rescinded. RESOLIITION 82592-1 IN SIIPPORT OF ROANORE RIVER PARKWAY, ALTERNATIVE 4 FOR ACCESS TO VIRGINIA'S EBPLORE PARR. WHEREAS, the National Park Service has prepared a Final Environmental Impact Statement for the Roanoke River Parkway; and WHEREAS, Roanoke County supported Alternative 2, the preferred alignment in the Draft Environmental Impact Statement, in a letter dated August 27, 1990, to Gary Everhardt, Blue Ridge Parkway Superintendent; and WHEREAS, the Final Environmental Impact Statement proposes that Alternative 4, the construction of a 1.5 mile spur road from the Blue Ridge Parkway to Virginia's Explore Park, will have minimal impact; and WHEREAS, Roanoke County staff has been active through the Explore Management Group to assist in the coordination of efforts to locate the Parkway spur road (Alternative 4) through property owned by the Roanoke Valley Solid Waste Management Board; and WHEREAS, the Roanoke County Explore Advisory Committee recommended support of Alternative 4 at their August 19, 1992 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, AS FOLLOWS: August 25, 1992 (}8 3 NAYS: None R880LIITION 82592-2 APPROVI~I3 THE ROANORE VALLEY RESOIIRCE AIITHORITY CAPITAL BtTDGET FOR THE SOLID WASTE SYSTEM REVENQE BONDS, SERIES 1992 W'IiEREAS, Section 5.9 of.. the Roanoke. Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its budgets to the Board of_Supervisors of_.the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, on August 20, 1992, the Roanoke Valley Resource Authority adopted the capital budget for the Solid Waste System Revenue Bonds, Series 1992, a copy of which is on file in the office of the Clerk of the Board: TSEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the capital budget totaling $33,414,005 for the Solid Waste System Revenue Bonds is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Kohinke to adopt. the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 3L Raauest from the School Board f or Acce ptance of Three Grants. Tota]inc 580.000. fo Vocati onal Ed ucation August 25, 1992 ~}8 5 lines to the water treatment plant. Mr. Craig advised that Hayes,. Seay, Mattern & Mattern negotiated the price with the contractor for both change orders and recommended acceptance. Supervisor Eddy indicated that he would like to delay approving Change Order No. 8 until receipt of a report- from the consultants regarding the overall operation of-the treatment plant and the reservoir. Mr. Craig advised that there would be no problem with delaying approval of Change Order No. 8, and he believes that the report will be favorable. Supervisor Eddy moved to approve the Change Order #7 and defer approval of Change Order #8 until September 22, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None - IN ~' ARRIVAL OF SIIPERVISOR NICICENB Supervisor Nickens arrived at 3:15 p.m, and requested that the record show his affirmative vote for the previous three new business items. The Board members had no objections, and the Clerk was directed to make this change to the recorded vote. IN ~~ REQUESTS FOR WORK SE88ION8 1. Auguste '25, .1992. 4 a R$SOLU'1'ION 82592-5 AppgpplHa A~iD COHCQRR~a ITT CBRTAI~t ITEMB 8BT FORTH OM T88 BOARD OF BDPBRVIBORB~ =B'OR.:. -TSIH~" D1TL'`: DESIGIQATED AB_ ITEM R -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as~follows: 1 • that the certain ~ section of ~ the ~ agenda of the Board of Supervisors for August 25, 1992, designated ~^as Item K '- Consent Agenda be, and hereby y is a - _ , ~a: _i°~-~ - - -.:-. Y pproved and. concurred ,in as to each item separately set forth in said. section designated Items 1 through 3, inclusive, as follows: _~-, .r- 3 1= Approval of Minutes - July 28~, 1992 and August 11, 1992. 2.~ Confirmation of Committee Appointments to Community Corrections Resources Board, Grievance Panel, Highway and Transportation Safety Commission, and Industrial Development Authority. 3. Acceptance ~of wDonations ~of Rights-of-Way for the Bushdale Road Rural Addition Project. _. 4• Acceptance of Donations of Rights-of-Way and Drainage Easements for Buckhorn Road in Connection with the Hunting Hills Road Project 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote- tabulation _for any such item pursuant- ta-- this resolution. Oft- motion of. Supervisor Johnson toad _ - _ . _. ---~- °~ ~- - _...._.____. ._ opt' the -resolution, and _ ~- _ _.. carried by the following recorded vote: ,.__ AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy None :~~~`.~xn' :~. ~~, ;~.,... NAYS: _ -- _~-~ _ __ __._._. . `.Y ^ f August 25, 1992 4 8 ~ a ,6s ReDOrt 1991 Water P je_ ~ Roanoke pallev Ras4uree Auther{t Soi ~ Waste Facil ties IN REs EZECLTTIVE SE88ION At~3:40 p.m., Supervisor Nickens moved to go into Executive Session pursuant to the Code of Virginia Section 2.1-344 A (3) to discuss consideration of the acquisition of real property for public purposes. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN REs CERTIFICATION OF EBECIITI9E SESSION R-82592-6 - ~" ° -~ At~5:20 p.m., Supervisor Johnson moved to return to regular session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RE80LIITION 82592 6 CERTIFYING EZECIITIpE MEETING Wl18 88LD IN CONFORMITY WITS TBE CODE OF VIRGINIA W'HEREA.S, the.. Board of_ Supervis_ors of Roanoke County, Virginia has convened an .executive meeting on this date pursuant to affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344..1 of the Code of Virginia requires August 25, 1992 j} (~ '~ `'~ R-82592-7 Mr. Harrington advised that the petitioner's request for a special use permit for a debris or stump dump landfill was. granted on October 22, 1991 with conditions. At the July 28, 1992 Board of Supervisors' meeting, the petitioner asked for three amendments to the conditions of the permit: (1) modify the use of the site to allow acceptance of construction debris, (2) increase the size of the active fill area within this parcel, and (3) reduce the required buffer yard on one side of the site from a required distance of 400 feet to 50 feet. The planning Commission recommended approval at their July 7, 1992 meeting. The petitioner asked for a continuance until August 25, 1992, and the Board voted to refer the matter back to the Planning Commission. Mr. Harrington advised that the petitioner has now withdrawn amendments (1) and (2j as stated above. H@ is. requesting the continued use of the landfill as a stump dump with a reduction of the buffer along one property line from 400 feet to 50 feet. He reported that Mr. Dudley, the adjoining property owner, has furnished a written statement that he has no objections to the reduction. In response to an inquiry from Supervisor Minnix, Mr. Harrington advised that the only waste that can go into the landfill would be_stnmps, wood, brush and~_leaves; that-:.the petitioner agrees to abide by any future regulations regarding countywide inspections; and that the landfill will be open to the public. A.discussion followed.. concerning the meaning of Proffered Condition #9: "This landfill site is allowed to be open to the August 25, 1992 4 9 3 74.86-ACRE TRACT. LOCATED ON THE EAST SIDE OF ~RRIMAN ROAD (ROIITE 613) 800 FEET NORTH OB IT8 IHTERBECTION WITH TOES ROAD (ROUTE- 684)r CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, on October 22, 1991, the Board of Supervisors granted a special exception permit for the location and operation of a stump and construction debris landfill on a 74.86 acre tract of land located on the east side of Merriman Road (Route 613) 800 feet north of its intersection with Token Road (Route 684) in the Cave Spring Magisterial District subject to certain conditions; and WHEREAS, Joe Bandy & Son, Inc. has filed a petition to operate a debris waste landfill at the same location with amended the conditions; and WHEREAS, the Planning Commission held a public hearing on this matter on July 7, 1992; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a public hearing on this matter August 25, 1992. 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 exception permit for the location and operation of a debris waste andfill is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 (b) of the 1950 Code of Virginia, as amended. 2 :' That the Board hereb ~ -- ~~~ _ -~ _~- ~ ~~ :_ - y grants a Special Use Permit to Joe Bandy & Son Inc. to operate a debris waste landfill on approximately 75 acres of land located on the east side of Merriman Road (Route 613) August 25,. 1992. 4 ~ 5 y., h._ Petitioner agrees_to=_abide .by-.any future regulations ,. ,~ aa~ej~°~°~ On motion of Supervisor Minnix to_ adopt the ordinance as proffered and to change the wording of proffer (i) for clarification, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: IN RE: None At 7:45 p.m., Chairman Eddy declared a two-minute recess. IN RE: POHLIC BEARING AND BBCOND READING OB ORDINANCES ~- e 8 orae~ Wareh ySAB Located at 2730 ~ ~1.~..Y.. ~.... ~.~..~. ._~.,.,, ~`..~"` ~ ek Road ~:_ _ i ~~-~ Catarb 1KaQ~ia1 Distr{ at. Voo petition e~~-'n•x-M~- - ~ . .,,._~~___ , . ~_ ~ __ ance to Amend prolfee d Co one on a 0.685 _ ,; -Aare resat Zoasd'M-i to Al1oM Automobile Repair and _:;~.~ o seal T t . 4 _ .. ` ~~ninc an Z - oning D --_ _. irea tor~ ._ _.._- 0-82592-8 . - August 25, 1992 25, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on August 4, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law; and W'I~REAS, this property was rezoned from B-2, General Commercial District, to M-1, Light Industrial District, with proffered conditions, on January 23, 1990; and WHEREAS, a use-not-provided for permit to operate a taxi service on this property was approved on October 22, 1991. HE IT. ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.685 acres,- as described herein, and located at 4909 Cove Road and 2730 Peters Creek Road. (Tax Map No. 37.17-1-5) in the Catawba Magisterial District, is hereby changed from the zoning classification of M-1, Light Industrial District, to the zoning classification of M-1, Light Industrial District/ Conditional, with amended proffered conditions. 2. That this action is_ taken upon the application of Thomas R. Hubbard Jr. 3. That- the owner has. voluntarily.' proffered- in writing the following amendments to proffered conditions. approved by the.8oard of Supervisors on January 23, 1990, which the}Board of Supervisors hereb Y accepts: (a) No outside storage of materials ° ' ° '°°'°°'°~"' August 25, 1992 4 9 9 line to the left, having a radius of 2334.83 feet, a chord bearing and distance of S. 36 deg. 59' 35" W. 40.0 feet and arr arc distance of _.40.00 feet. to-the point of BEGINNING, containing 0.0685 acres, as shown on plat made by David Dick & Associates, dated February 26, 1973, which said plat is recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in .Deed Book 968, page 99. 6. -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 shall be, and the same hereby are, repealed. On~ motion of Supervisor Kohinke to adopt the ordinance and eliminate ~~automobile painting" in proffered condition 2b, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ~. An Ordinance to Resone Aooroaimately .25 Acre om 8 2 to B-1. Located at 5314 Failo~-ater Drive. Cave sorinc Magisterial District. IIcon the Petition of G. L Boone and J.- A. Boone. lTerrv Barrington. Pianninc and aoninc Director) 0-82592-9 Mr. Harrington advised that the petitioners are requesting removal of~existinq proffers on:the parcel that restricts its-use to a video store/restaurant. The petitioners wish to use the property for office space. The Planning Commission recommended approval. There were no citizens present to speak on the ordinance. Supervisor Minnix moved to adopt the ordinance. The motion August 25, 1992 5 ~ 1 BEGINNING at a point on the easterly side of Bernard Drive N 25 deg. W. 200 feet northerly from the N.E. corner of _ Bernard Drive and _ Fallowater- Lane, both extended, said beginning point being also N. 25 deg. W. 179.59 feet from the-beginning of the curve of the intersection of Bernard Drive and Fallowater Lane; thence N. 50 deg. 32' E. 50.95 feet to a point; thence S. 34 deg. 47' E. 188.47 feet to a point on Fallowater Lane; thence with Fallowater Lane, S. 47 deg. 38' W. 64.67 feet to beginning of curve; thence following a curve to• the right, whose radius is 15 feet, at a distance of 28.13 feet to a point on Bernard Drive; thence with Bernard Drive, N. 25 deg. W. 179.59 feet to the Beginning and being New Lot 1, New Section 1 according to survey and map of resubdivision of Lot 1 and south portion of Lot 3, Section 5 and Lots 5, 6, and north portion of Lot 4, Section 4, Map of Beulah Heights (DB 357, page 382). 4. 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. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None s A~_O~ inanae Author Lei r~. the Vaaatf on o! 120 Li ear Feet of a 10 Foot Drainave Easement Located on of 3. ak 2, section i is Meador creek subdivisioa. 8sation ~a the Windsor Hflis Magisterial District. (Terry 8arrincton. Planninc and Zoning Director) 0-82592-10 Mr. Harrington advised that the petitioners are requesting August 25, 1992_ 5 Q 3 1. That 120 linear feet of. a 10-foot drainage easement located along the~_.southern_property line, of_.Lot_3,~Block 2, Section 1, Meadow Creek Subdivision in the Windsor Hills Magisterial District of record in Plat Book 9, at page 305, in the Office of the Clerk of ..the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of_Virginia, as amended; and, 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. 3. That Robert and Sherry Wagstaff shall record a certified copy of this ordinance with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition~to the adoption of: this ordi- nance, the. Board of Supervisors of_,Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by them, their heirs, successors, or assigns. On motion of Supervisor Nickens toy adopt the ordinance, and carried by~the following recorded voter AYES. ~~SUpervisors Johnson, Kohinke'; Minnix,}~Nickens, Eddy NAYS : None ~n~> ~=: ~ _ 4 } r,---~ .: _~ - . . 4s An Ordinance Author ~; *+~~ ~ tha ~ paaation of a 15 Foot c.ai+F.i:. «..wp off{ ,.. r..:..~ri •.: ....w .. .,r _.... .~ IItility and Drainace Easement Located on the Common August 25, 1992 5 WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on August 11, 1992; and the second reading of this ordinance was held on August 25, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a 15-foot public utility and drainage easement located on the common property line of Lots 6 and 7, Falcon Crest Subdivision in the Windsor Hills Magisterial District of record in Plat Book 10, at page 42, in the Office of the Clerk of the Circuit Court of Roanoke County, Virginia, be, and hereby is, vacated pursuant to Section 15.1- 482(b) of the 1950 Code of Virginia, as amended; and, 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. 3. That Clyde D. Lavinder shall record a certified copy of this ordinance with the Clerk of the Circuit court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordi- nance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by him, his heirs, successors, or assigns. On motion of Supervisor Johnson to adopt the ordinance, and August 25, 1992 507 AYES: Supervisors Johnson, Kohinke, Miluiix, Nickens NAYS: None ABSTAIN: Supervisor Eddy The following citizens spoke concerning the zoning ordinance: 1. Rick Whitney 5346 Castle Rock Road presented a summary of comments on the Roanoke County Zoning Text from the Roanoke Regional Home Builders Association. The main concerns are: (1) that the zoning text would be implemented with no definite date for maps to be prepared and approved, and (2) lot sizes. 2 Harold Win ate Box 134 Catawba requested action be delayed on the text until a full set of maps are available, and expressed concern about lot sizes. 3. David S1iQh 7917 Bradshaw Road su orts the PP proposed revisions to the Zoning Ordinance as approved by the Planning Commission but encouraged the maintenance of open spaces for agricultural areas and forests. 4. Rudy Cox. 5828 Merriman Road requested that the Zoning Ordinance be given more study and expressed concern about lot sizes. Chairman Eddy advised that a letter had been received from William R. Blankenship, Vice President, Citizen's Environmental Council expressing its support of the Planning Commission's recommendations for minimum lot sizes. Mr. Harrington requested that changes suggested in a memorandum dated August 25, 1992, from Supervisor Eddy concerning townhouse density and lot sizes, be made a part of the Zoning August 25, 1992 5 0 9 memorandum of August 25, 1992, with implementation of ordinance to be December 31, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: Supervisor Nickens ORDINANCE 82592-12 AMENDING THE ZONING ORDINANCE FOR ROANORE COUNTY BY THE REPEAL OF SAME AND BY ADOPTING AND REENACTING A NEW ZONING ORDINANCE FOR ROANORE COUNTY, AND PROVIDING FOR CERTAIN TRANSI- TION PROVISIONB AND AN EFFECTIVE DATE THEREOF WHEREAS, the old zoning ordinance for Roanoke County was adopted over twenty years ago. It was reorganized and updated in 1985 to improve its ease of use, to correct possible legal problems, and to make standards and documents consistent with then-current conditions. Its substantive provisions have been amended from time-to-time to address evolving issues of growth and land use in Roanoke County; and WHEREAS, the Roanoke County Planning Commission and County staff have been laboring for the past three years to develop a new zoning ordinance for the County to address the changing needs and land use patterns of the County and its citizens; and WHEREAS, this ordinance is adopted in accordance with and pursu- ant to the provisions of Article 8, Chapter 11, Title 15.1 of the 1950 Code of Virginia, as amended, and Chapters 3 and 9 of the Roanoke County Charter; and WHEREAS, the 1992 Roanoke County Zoninq Ordinance is adopted in order to implement the 1985 Roanoke County Comprehensive Plan (and reviewed by the Planning Commission in 1990 in accordance with Section 15.1-454 of the State Code) to address future growth and development August 25, 1992 5 1 1 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Roanoke County Zoning Ordinance, 1985 edition, as amended, is amended by repealing it in its entirety, Sections 21-1 through 21-140, as amended. 2. That the following provisions of the Roanoke County Code are hereby amended by repealing them in their entirety: a. Sections 201.00 through 202.00 inclusive of all subsec- tions of the Public Street and Parkinq Design Standards and snecif~cations of the Roanoke County "Design and Construction Standards Manual." b. Article II, "Public Dance Halls, " of Chapter 4, "Amusements" of the Roanoke County Code. c. Article III, "Shooting Matches" of Chapter 4, "Amuse- ments" of the Roanoke County Code. 3. That there is hereby adopted and reenacted a Zoning Ordi- nance for Roanoke County, being Appendix A of the Roanoke County Code, as follows: August 25, 1992 513 Sec. 30-193 Review and Ac~1o~ . sec. 3x1 s-4 rime Limitations ............................... ....... .. .. SEC.3a20 FEES .. . . . ............................................ .................... SEC.3a21 ENFORCEMENT PROCEDURES ............................ ................ SEC.3a22 PENALTIES ... Sec. 30-22-1 CiW Penalties ............................. .................... . SEC. 3x23 NONCONFORMING USES AND STRUCTURES; GENERALLY ............ Sec. 30 23.1 Non Sea 3x23-2 ... • ... _ . . conbrinitles; E~blishment of Vested Rights Nonconfomning Uses of Bundirs~s Structures or Land .................... . Sea 3x233 Sea 3a23~ + Nonconf~mg Buildings and Structures . ................... . Norxrortforming Site Designs • ........................... . Sea 30-23-5 Nonconfom~ting Lots of Record ........................ ............. . SEC. 3x24 BOARD OF ZONING APPEALS Sea 3x241 , Powers and Duties ............................................ Sea 3x242 App cations for Variances ........................................ . Sea 30-243 ApplforAppeals ......................................... Sec. 3024 Sec. 3x245 Procedures for Variances and•Appeal ................................ . Certiorari to Review Decision of BZA . SEC.3a25...so-2r ............................... . (RESERVEp) .... ........................................... .... ARTICLE !I DEFINITIONS AND USE TYPES SEC. 3028 DEFlNI110NS .............................. ............................ SEC. 3x29 USE TYPES; GENERALLY Sea 3x29-1 Sea 3x29-2 A~uiturai and Forestrv~Use Tvoes ................................. . R i ................. Sea 30-293 es dential Use Types ............... . Civic Use Types ............................................ .. Sea 30-29 ............................................. OIRce Use Types . sea 30-29 cammeraai use Types ........................................... . . Sea 30'29.8 industrial Use Types ......................................... . Sea 30-29-7 Miscellaneous Use Types • ........................................ . sEC.3o~o...30,31 (I~SERVEO) ................................................... ARTICLE 111- DISTRICT' REGULATIONS SEC. 3032 A03 A~Ln1RAURURAL PRESERVE DIST'RiCT . Sea 30321 P~ .......................... Sea 3032 2 P .............................................. Sec. 30323 Site Development Regulatlprlls ..................................... . SEC. 30,33 AO-1 A~LTURAL/RURAL LOW DENSITY DISTRICT Sea 303;1-2 P Uses ................................................. August 25, 1992 5 ~ 5 Sec.30~8-1 Purpose ............... - SeC.30-48-2 Pemtitted Uses .... ....................................... Sec. 30-483 Site Development Regulations ..................................... . Sec. 30-48-4 Designation and Process for Creation of Overlay, , , ,, , , , , , , , , , , ,,,,,, , , , , SEC. 30-49 RCO RESIDENTIAL CLUSTER OVERLAY DISTRICT (RESERVED) ................. . SEC. 30-50 (RESERVED) .......................................................... SEC. 30-51 NC NEIGHBORHOOD COMMERCIAL DISTRICT .......... . ... . . . . . . Sec. 30-51-1 Purpose .............. Sec. 30-51-2 Permitted Uses ... ........................................ Sec. 30-51 ~ Site Development Standards ...................................... . SEC. 30-52 (RESERVED) .......................................................... SEC. 30-53 C-1 OFFICE DISTRICT . . Sec. 30-53-1 Purpose ...................................................... Sec. 30-53-2 Permitted Uses ... ........................................ Sec. 30-533 Site Development Regulations ..................................... . SEC. 30-54 C-2 GENERAL COMMERCIAL DISTRICT SeC.30-541 Purpose ......... ..................................... Sec. 30-542 Pemnitted Uses ... ............................................. Sec. 30-543 Site Development Regulations ..................................... . SEC. 30-55 (RESERVED) .......................................................... SEC. 30-56 INT INTERCHANGE DISTRICT (RESERVED) ................................. . SEC. 30-57 PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT (RESERVED) ............ . SEC.30-58...30-60 (RESERVED) ................................................... SEC. 30-61 I-1 INDUSTRIAL DISTRICT . Sec. 30-61-1 Purpose ...................................................... Sec. 30-61-2 Pemtitted Uses .... ........................................... Sec. 30-61 ~ Site Development Regulations ..................................... . SEC. 30-62 I-2 INDUSTRIAL DISTRICT . , SeC.30-62-1 Purpose ....... .............................................. Sec.30~2-2 Permitted Uses ................................................. Sea 30.623 She Development Regulations ..................................... . SEC. 30-63 PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT (RESERVED) ............... . SEC.30-64...30-70 (RESERVEp) ................................................... SEC. 30-71 EP EXPLORE PARK DISTRICT . SeC.30-71-1 Purpose ......... ............................................ Sec. 30-71-2 Applicability ................................................... . SEC. 30-82 RESIO Sec. 30-82-1 SeC. 30-82-2 Sec. 30-82 Sec. 30-82-4 Sec. 30-82-5 SeC. 30-82 Sec. 30-82-7 Sec. 30-82-8 Sec. 30-82-9 Sec. 30-82-10 Sec. 30-82-11 Sec. 30-82-12 Sec. 30-82-13 Sec. 30-82-14 Sec. 30-82-15 August 25, 1992 5 ~EM1AL USES .............. . Accessory Apartments ............................................ Home Beaury/6arberSalon ........................................ Home Occupations, Type i and Type II ....... ~ ~ . ~ ~ ~ ~ ~ ~ ~ ' " ~ " ~ ~ " Kennel, Private ................... ........................ Manufactured Homes, Accessory ................................... . Manufactured Home, Class A ........ ................... . Manufactured Home, Class C ..................................... . Manufactured Home, Emergency ................................... . Manufactured Home Park ..... .................. . Manufactured Housing Subdivision ................................. . Multi-family Dwelling ............................................ . Single Family, Detached (Zero Lot Line Option) ...... . Single Family, Attached .............. ................. . Townhouses ............ ............................. Two-family Dwelling ............................................ . SEC. 30-83 CMC USES ......... . Sec. 30-83-1 Cemetery ..................................................... SeC.30-83-2 Clubs ...... ..................................... Sec. 30-833 Community Recreation .......................................... . Sec. 30-83-4 Day Care Center ...... ........................................ . Sec. 30-83-5 EducationatFacilities '•~~~~~~~~~~'~~~~~~'~~~"~~~""""""" Sec. 30-83-6 Family Day Care Home .......................................... . Sec. 30-83-7 Park and Ride Facility ........................................... . Sec. 30-83-8 Public Parks and Recreational Areas ................................. . Sec. 30.83-9 Religious Assembly ...... ................................ . Sec. 30-83-10 Safety Services ................................................ . Sec. 30-83-11 Utilityy Services, Major ............................................ . SEC. 30-84 OFFICE USES .... . Sec. 30-84-1 General Office ................................................. . Sec. 30-84-2 Medical Office ................................................. . Sec. 30-84-3 Financiallnstltutions ............................................. SEC. 30-85 COMMERCIAL USES . . Sec. 305-1 Agricultural Services ............................................. . Sec. 30-85-2 Antique Shops ................................................. Sec. 30-85 Automobile Dealership, Wew ....................................... . Sea 30-85-4 Automobile Dealership, Used ...................................... . Sec. 30-85-5 Atomobile Repair Services, Major . ' ................................ . Sec. 30-85-6 Automobile Repair Services, Minor .................................. . Sea 30-85-7 Automobile Parts/Supply, Retail . ................................. . Sec. 305-8 Bed and Breakfast .. ................................... . Sec. 30-85-9 Campground.... ............................................. Sec. 30-85-10 Car Wash ..................................................... Sec. 30-85-11 Clinic ...... .............................................. . Sec. 30-85-12 Construction Sales and Services ................................... . Sec. 30-85-13 Convenience Store .. ................................... . Sea 30-85-14 Equipment Sales and Rentals ...................................... . Sec. 30-85-15 Garden Center ................................................. August 25, 1992 Sec. 30-91 Spaces for Disabled Parking - ...... Sea 30-91-4 Permiaed Locations . ................................ . Sec.30-91~ ............................................. Acoess Sec. 30-91-6 ... Cor~struction.Standards .......................................... . . Sec. 30-91-7 Parking gpace Dimensions ....................................... . Sec. 30-91-5 General Criteria for Determining Parking .............................. . .. Sec. 30-91-9 Minimum Parking Required ........................... . Sea 30-91-10 Sea 30-91-11 Stacking Spaces and Drive-Through Facilities .......................... . OtfSVeet Loadin G l ......................... . Sea 30-91-12 g, enera ly , Minimum Loading Spaces Required ................................. . SEC. 30-92 SCREENING, LANDSCAPING, AND BUFFER YARDS ................. . Sea 30-92-1 Intent .... ......... . Sec. 30-92-2 Adminis~ion ................................................. . Sec. 30-92-3 Standards and Specfications ...................................... . Sea 30-92-4 Appbcability of Regutatar~s ..................................... . Sea 30-92-5 ModJicabons .... ....................................... . SEC. 30-93 SIGNS .. ................................... ...... Sec. 30-93-1 Purpose ...................................................... .. Sec. 30-93-2 ............................................. . Permitted Signs . ....... Sea 30-93 ........................................ . Exempted Signs ....... Sec. 30-93-4 Prohibited Signs ....... ........................................ . Sec. 30-93-5 ........................................ . Sign Permits .. Sec. 30-93-6 Sea 30-9&7 Measurement of Sign Area and Distances ............................. . .................... Cak;ulati Sec. 30-9~i-8 . . on of Allowable Sign Area on Comer Lots . Temporary Signs . ..................... . ...... Sea 30-93-9 ........................................ . Illuminated Signs . Sea 30-93-10 Projecting and Suspended Signs ................................... . . Sec. 30-93-11 Nonconforming Signs ................................. . Sea 30-93-12 Damaged or Neglected Signs ...................................... . .. Sec. 30-93-13 Distrkx Regulations ................................... . Sec. 30-93-14 Sea 30-93-15 Spektiaai Signa9e Districts and Regulations ............................ . Variances .............................. ....................... SEC 30-94 E)C7'ERIOR UGHIING ..................................... . SEC. 30-100 MISCELLANEOUS . Sea 30-100-1 Plot Plans ..................................................... Sec. 30-100-2 Yard, Setback~and Helght~Requifements .............................. . Sea 30-100 F Requirements on Cul-de-sacs .............................. . Sea 30-100.4 Pipesterm t~~ p~~~ of Irregular Lots ............................ . Sea 30-100.6 Pubes F~ D ~~' N P~~ °n a Single Lot ~ ....... . Sec. 30-100-7 Lots ..................... ..................... . Sea 30-100-8 E~9M ~ Odeon of Yams .................. . Sec. 30-100-9 ~ ........................ . Sec. 30-100.10 LSocebort and Design of Fetx~s .................................... . tandard.4 and Procedures for Review of Condominiums ............... . Sea 30-100-11 FerrNly Exemptlon, pe~~~ ~ . Sea 30-100-12 Table of Metric Equivalents ............ Standard .................. . 5 2 ~ '' Article I General Provisions (A) Uses and activities not provided for or addressed by the terms of this ordinance, shall be considered and consistern with the provisions of this ordinance. (B) Where the standards imposed by this ordinance, are more or less restrictive than any other standard imposed by public regulation or private agreement, the more restrictive standard shall apply, SEC. 30-5 ZONING ADMINISTRATOR; POWERS AND DUTIES (A) The Director of Planning and Zoning shall serve as the Administrator of this ordinance. (B) The Administrator shall have the following powers and duties: 1. Zoning Hermit. To issue or deny a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of arty structure, or the establishmern of any land use. The Administrator shall also have the authority to revoke any zoning permitrf violations of the pn~visions of this ordinance occur. 2. Certificate of zoning compliance To issue or deny a certificate of zoning compliance. 3. Collect fees. To collect any fees required or set forth in this ordinance. 4. Making and keeping records To make and keep all records required by state law or necessary and appropriate for the administration of this ordinance. 5. Inspection of buildings or land To inspect any building or land to determine if violations of this chapter have been committed or exist. 6. Enforcemern. To enforce this ordinance and take all necessary steps to remedy any condition found in violation of the provisions of this ordinance. 7, Request assistance To request the assistance of other local and state officials or agencies in the administration and enforcemern of this ordinance. 8. Irrteroretation. To interpret the official zoning map and provisions of this ordinance, and offer written opinions on their meaning and applicability. SEC. 30-6 ESTABLISHMENT OF DISTRICTS (A) The following are established as Roanoke County zoning districts: AGE A_gricuitural Districts Agriculture/Rural Preserve District AG-1 Agricutture/Rurat Low Densty District AR A9ricumue/Residential District AV Vllage Cerrter District R-1 Residential Districts Low Density Residential District R-2 Medium Density Residential District R~ Medium Density Multi-Family Residential District R~ High Density Multi-Family Residernial District 8/25/92 Article I 52 General Provisions - represented by at least one member of the Commission. At-large members shall be permitted, if ..~.o ~...m~ (C) The Commission shall develop, adopt and maintain by-laws that govern its operation. Sec. 30-8-1 Comprehensive Plan (A) The Commission shall prepare and recommend a comprehensive plan for the physical development of the County in accordance with the requirements of Section 15.1-446.1 of the Code of Virginia, as amended. The plan may also indude any other policy areas deemed by the Commission and Board to be important to the long term development of the County. The Board shall adopt the plan in accord with the requirements of Tale 15.1 Chapter 11 Article 4 of the Code of Virginia, as amended. Once adopted, the Commission shall have the responsibility to continuously review and recommend updates to the plan to ensure that the plan remains a current statement of County development goals, objectives, and policies. (B) The comprehensive plan shalt be used by the Commission and Board as one basis upon which to evaluate amendments to, and approvals required by, this ordinance in accordance with provisions contained herein. SEC. 30-9 ZONING PERMITS (A) A zoning permit shall be required for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use, except as listed below: 1. Patios 2 Fences, provided their location and design conform to Section 30-100-8 and Section 30-100-9 of this ordinance. (B) It shall be the responsibility of the applicant to provide arty information necessary for the Administrator to determine that the proposed use, building, or structure complies with all provisions of this ordinance. (C) For any use, building, or structure requiring an approved site development plan, no zoning permit shall be issued, until such time as a site development plan is submitted, reviewed and approved in accordance with Section 30-90 of this ordinance. (D) For uses or structures not requiring an approved site development plan, the Administrator shall determine, in accord with this ordmance, the type of information necessary to review the permit. At a minimum, a plot plan shall be required meeting the standards contained in Section 30-100-1 of this Ordinance. (E~ All zoning permits issued shall be valid for a period of sa months, unless the structure, use or activity for which the permit was issued has commenced. The Administrator may reissue any expired pemtit provided the structure, use and or activity complies with all applicable provisions of the ordinance at the time of reissuance. (~ The Admnistrator shall have the authority to approve the fomn and content of zoning permit applications. Sec. 30-9-1 Building Permits; Relation to Zoning 8/25/92 52 5 ~ Article I General Provisions 3. The Administrator shall have the authority to waive the pertormance guarantee if the unfinished .o...~~. 4. The Administrator shall have the authority to grant an extension to the temporary certficate of zoning compliance, provided all pertormance guarantees remain in effect. SEC.30-11...30-13 (RESERVED) SEC. 30-14 AMENDMENTS TO ORDINANCE (A) Whenever the public necessity, convenience, general welfare, or good zoning practice require, the Board may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classfications of property. Any such amendments may be initiated by: 1. Resolution of the Board, or; 2 Motion of the Commission, or; 3. Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent thereof, of the property which is the subject of the proposed zoning map amendmert. Arty petition submitted shall be in writing and shalt be addressed to the Administrator, Board or Commission. (B) The Administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Administrator deems necessary for the Commission and Board to adequately evaluate the amendment request. A concept plan shall accompany all map amendment requests. Standards for concept plans are found in a document entitled Land Development Procedures available in the Department of Engineering and Inspections. (C) The Administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. In such situations, the applicant shall first seek a variance from the Board of Zoning Appeals. if a variance is granted, the Administrator shall thereafter accept the amendment application for the consideration of the Commission and Board. (D) If any amendment application is withdrawn at the request of the applicant subsequent to the Commission's recommendation on the application, or if the Board denies any amendment application submitted for its review, the County shall not consider substantially the same application for the same property within one year of the appligtion's withdrawal or the Board's action. The Administrator shall have the authority to determine whether new applications submitted within this one year period are substantially the same. In making any such determination the Administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses Proposed, densities, accsiss, building locations, arm overall site design. Sec. 30-141 Commission Study and Action (A) All proposed amendments to the zoning ordinance shall be referred by the Board to the Commission for study and recommendation. The Commission shall study proposals to determine: 1. The need and justification for the change. 8/25/92 5 2 `~ '" Article I General Provisions continuation of the scheduled public hearing. The applicant shall be responsible for alt advertising cysts -- - use sn~r~ti w~~ -~ , (C) The Administrator shall determine the number of signs required, however, there shall be at least one sign posted along each public right of way abutting the property. At least one sign shall be posted every 300 feet along any single right-of-way. For properties that tack any public right-of-way, all required signs shalt be posted along at least two property lines, as determined by the Administrator. (D) The applicant shall have the responsibility to determine and provide the structural elements necessary to erect the sign on the property. All signs erected must be posted within ten feet of the adjacent right of way, and must be clearly visible from same. (E~ The applicant shall have the responsibility of protecting the signs from the elements to ensure that the sign is in place and legible through the date of the public hearing. ff any sign is damaged due to the elements, such that the pertinent information on the sign is unreadable, the public hearing may be rescheduled or continued. The applicant shall be responsible for all advertising costs associated with rescheduling the public hearing. (~ All public hearing signs posted shall be removed from the property by the applicant within 14 days after the Commission's public hearing. Sec. 30.14.4 Posting of Property; Exemptions (A) The following exemptions shall apply to the provisions of Section 30-14~: 1. The posting of property shall not be required for any action initiated by a resolution of the Board, if the action encompasses more than twenty-six parcels of land. 2 Vandalism or unauthorized removal of the signs prior to the Commission hearing shall not violate the public notice intent of Section 30-14,3. The Administrator shall have the responsibility for determining whether or not the signs have been vandalized. SEC. 30.15 CONDITIONAL ZONING; GENERALLY (A) In accordance with the authority granted to Roanoke County per 15.1-491.2:1 of the Code of Virginia, as amended, the owner of property for which an amendment is requested may voluntarily proffer in writing reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property. (B) Roanoke County's acceptance of proffers pursuant to this authority shall be in accord with the procedures and standards contained in 15.1-491.2:1 of the Code of Virginia, as amended. (C) Atl conditions proffered by the owner shall meet the following standards: 1. The retuning itself must give rise for the need for the conditiors. 2- The corditions shall have a reasonable relation to the rezoning. 3. The conditions shall be in conformity with the comprehensive plan. 4. The conditions must be clearly understood and enforceable. 8/25192 529 Article I General Provisions (A) Any request by an appUcant to amend conditions that were voluntarily proffered and acre the the Pr~~ contatned in Section 30-14. (B) There shall be no amendment or variation of conditions created pursuant to the provisions of this ordinance until after a public hearing by the Commission and Board advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, as amended. The cost of all public advertisements shall be the responsibility of the applicant. SEC. 30.16 ... SEC. 30.18 (RESERVED) SEC. 30.19 SPECIAL USE PERMITS; APPLICABILITY AND PURPOSE (A) The Procedures and standards contained in this section shall apply to all uses specifically permitted as special uses in the district regulations found elsewhere in this ordinance. (B) Phis category of uses known as special uses is established in recognition that in addition to uses Permitted by right, certain uses may, depending upon their scale, design, location, and conditions imposed by the Board, be compatible with existing and future uses in a disfict (C) The review and subsequent approval or disapproval of a special use permit by the Board shall be considered a legislative act, and shall be governed by the procedures thereof. Sec. 30.19-1 General Standards (A) No special use permit shall be issued except upon a finding of the Board that in addition to conformity with any standards set forth in Article IV Use and Design Standards the proposed special use confomts with the following general standards. These standards shall be met either b the ro original special use permit Y P P~ made in the application, or by the proposal as modified or amended as part of the review of the application by the Commission and the Board: 1. The proposal as submitted or modfied shall conform to the comprehensive plan of the County or, to specific elements of the plan, and to official County policies adopted in relation thereto, inGuding the purposes of the zoning ordinance. 2 The proposal as submitted or modfied shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impact shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, due regard shall be given to the timing of the operation, site design, access, screening, or other matters which might be regulated to mitigate adverse impact Sec. 30-19-2 Applk~tlon Requirements (A) An applicatiort for a special use permit may be initlated by: 1. Resolution of the Board, or, 2 Motion of the Commission, or, 3. Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property for which a spatial use permit is requested. 8/25/92 531 Article I General Provisions recommendation of approval, ff the Commission does not report within ninety days, the Board may act (B) The Board shall hold a public hearing and approve or deny any special use permit application within twelve months after receiving the Commission's recommendation. Failure to act on any permR within this twelve month period shall be deemed denial of the permit. (C) Any special use permit granted shall be null and void two years after approval by the Board if the use or development authorized by the permit is not commenced to a degree that, in the opinion of the Administrator, clearly establishes the intent to utilize the granted special use permit in a period of time deemed reasonable for the type and scope of improvements irnolved. (D) Special uses which are approved by the Board shall run with the land, except that 1. Activities or uses approved by a special use permit which are discontinued for a period of more than two consecutive years shall not be reestablished on the same property unless a new special use permit is issued in accord with this ordinance. 2 A special use permit shall be void, rf at the time of the commencement of the authorized use, activity, or structure, the site for which the permit has been granted contains other uses or acxivities not in place at the time of the issuance of the special use permit. (~ If any special use permit application is withdrawn at the request of the applicant subsequent to the Commission's recommendation on the permit, or if the Board denies any application submitted for its review, the County shall not consider any application for the same special use, on the same property, wRhin one year of the permit withdrawal or the Board's action. SEC. 30.20 FEES (A) Administrative review fees for permits and procedures specfied by this ordinance shall be established by the Board. A schedule of these fees is available in the Department of Planning and Zoning. SEC. 30.21 ENFORCEMENT PROCEDURES (A) The Administrator shall have the responsibility for enforcing the provisions of this ordinance. The Administrator may, as nec:essar)-, solicit the assistance of other local and state officials and agencies to assist with this enforcement. (B) Property owners, permit applicants, and/or establishment owners/managers, as applicable, shall be notfied in writing of violations of the provisions of this ordinance. The Administrator shall, in the notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed 15 days from the date of written notfication, except that the Administrator may allow a longer time period to correct the violation if the correction would require the strucxtuaf alteration of a building or structure. (C) If the violation is not corrected within the time period specfied in the first notification, a second written rxxice shag be earn The second notification shall request compliance with these provisions within a period not to exceed 7 days. (D) If the Administrator is not able to obtain compliance with these provisions in accordance with the procedures outline above, civil and/or criminal procedures may be initiated in accordance with County law. 8/25/92 ~3~ Amide I General provisions (~ If a person d~arged with a violation does not elect to enter a waiver of trial and admit liabilityy, the County Prescribed by law. The violation shall be tried in General District Court in the same manner and with the ~~ ri9rn ~ aPP~ as Provided for in Title 8.01 of the Code of Virginia. In any trial for a sdteduled violation authorized by this section, it shall be the burden of the County to show the Lability of the violator by a preponderance of the evidence. An admission of I'iability, or finding of liability shall not be a criminal conviction for any purpose. (G) The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies provided by law. (i-i) The provisions of this section shall supplement the provisions of Section 30-24 et seq. of this ordinance dealing with the Board of Zoning Appeals. Use of these provisions shall stay any proceeding under this section. SEC. 30-23 NONCONFORMING USES AND STRUCTURES; GENERALLY (A) Within the zoning districts established by this ordinance, or by future amendments which may later be adopted, there exist, or may exist lots, Parcels, stnxtures, uses of land and stnxxures, and characteristics of site design and/or use, which were lawful before this ordinance was adopted or amended, but which would be prohibited under the temps of this ordinance, or future amendment, Such structures, uses, and characteristics, or any combination thereof, are considered nonconfomtities, and are hereby declared by the Board to be inconsistent with the character of the districts !n which they ocxur. (B) Noncorrformities are permitted to remain until removed, discontinued, or changed to conform to the provisions of this ordinance. h is the intent of this ordinance that the continuance of norwonbmrities should not be indefinite, and that the nonconforming uses, structures, or characteristics should gradually be removed. (C) Nothing shall be construed to grant conforming status to uses or strictures that existed as legal noncorfomning uses Prior to the adoption of this section or amendment thereto, unless such uses and structures now conform to all applicable provisions of this ordinance. Sea 30-23-1 Nonconformitles; Establishment of Vested Rights (A) Nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of arty building on which actual constructlon was lawfully begun prior to the effer~hre date of this ordinance, or amendments thereto, and upon ~~ actruat building construction was carried out diligently. Actual corutruction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Wftere excavation or demditlon or removal of an existing building has begun in preparation for rebuilding, such acxivities shall be deemed acxual cxmstruction provided the work has been carried out diligently. Sea 30,23.2 Nonconforming Usss o} Buildings, Strt~ures or Land (A) Where, at the effective date of this ordinarx;e, or amendment thereto, lawful use exists of buildings, strtxxures or land, individually or in combination, which use is no longer permissible under the temps of this ordinance as enacted or amended, such use may be continued provided: 1 • The use is not discontinued for more than two years, or; S/25/92 Ge~eraf~rovisions (A) if a zoning permit is requested for any type of modfication to an existing structure or site, no legal non- be required to comply in fup with the provisions of this ordinance. Only those site improvements directly related to or affected by the modified use, stn~cture or activity shall be required to comply in full with the provisions of this ordinance. Sec. 30-23-5 Nonconforming Lots of Record (A) A lot of record that is nonconforming due to lack of adequate width, depth, or area may be developed provided the development proposed on the lot is in accordance with the applicable use and design standards contained in the district regulations. (B) Any lot of record that is nonconforming because it has no public street frontage may be developed, or an existing structure on the lot may be expanded, provided the County reviews and grants a speaai use permit for the proposed development, expansion, and use in acxord with the standards and procedures contained in Section 30-19 of this ordinance. This provision shall not apply to the use and development of such parcels for any agricultural and forestry use type, or for single family or two family dwellings. SEC. 30-24 BOARD OF ZONING APPEALS (A) The Board of Zoning Appeals (BZA) shall consist of five members who shall be appointed by the Board. Each member shall be appointed for a five year term. Composition of the BZA shall be in accord with Acxs of Assembly 1989, Chapter 119, as amended. The BZA shall have the right, as provided for in this ordinance, to exercise all of the powers and duties authorized by the Roanoke County Charter, as amended. (B) The BZA shall develop, adopt and maintain by-laws that govern its operation. Sec. 30-24-1 Powers and Dulles (A) The BZA shop have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard except after notice and hearing as provided by Section 15.1-431 of the Code of Virginia, as amended. (B) The BZA shaft have the power and duty to authorize upon appeal or original application in specific cases a variance from the terms of this ordinance as will not be contrary to the public intem~st, when, owing to special conditions a literal enforcement of this ordinance will resua in unnecessary hardship. No such variance shall be granted unless the spirit of the ordinance shall be observed and substantial justice done. To legally grant a variance, the BZA must be presented eviderxe and make a finding that; 1. A property owner acquired the Property in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of the property at the time of the adoption of this ordinance, or where by reason of ex~oeptlonal topographic cxmditiorts or otlter extraordirtery situation or condition of the property, the strict apppcation of this ordinance would effectlvely prohibit, or unreasonably restricx the use of the property, or, 2 Due to the condition, situation, or development of immediately adjacent property, the strict apppcacion of this ordinance would efferxively prohibit, or unreasonably resglct the use of the property, or, 537 . Article I General Provisions of this ordinance. Appeals must be made within thirty days afterthe entry of the decision appealed from r The Adminrstratorshall forthwith transmit to the BZA all of the papers constituting the record upon which the action appealed horn was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrator certifies to the BZA that by reason of fads stated in the certificate a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless a restraining order is granted by the BZA, or by a court of record, on application and on notice to the Administrator and for good cause shown. Sec. 30-24.4 Procedures for Variances and Appeal (A) The BZA shalt fix a reasonable time for the hearing of an appeal, give public notice thereof, as wail as due notice to all parties of interest, and decide the same within ninety days of the filing of the appeal. In exercising its power, the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision, or determination appealed from. (B) The concurring vote of the majority of the BZA shall be necessary to reverse any order, derision, requirement, or determination of an adminive officer, or to decide in favor of the applicant on any matter upon which the BZA is required to pass under the terms of this ordinance, or to effect any variance from this ordinance. (C) The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the Department of Planning and Zoning. All records shall be pubUc records. The chairman of the BZA, or in his absence, the acting chairman, may administer oaths, and compel the attendance of witnesses. Sea 30-24-5 Certiorari to Review Derision of BZA (A) ~f/ Pew loi~Y or separately aggrieved by arty decision of the BZA, or any taxpayer or any officer, department, board or bureau of the County, may present to the circuit court of the County a petition specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's derision. (B) ~P~ the Pin of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay Proceedings upon the decision appealed from, but the court may, on appUcation, on notice to the BZA and on due cause shown, grant a restraining order. (C) The BZA shall not be required to return the original papers acted upon by is but a shag be suffident to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ The return shall set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified. (~ ~ ff upon the hearing, d shaft appear to the court that tesWnory is necessary for the proper dispositbn of the matter, it may take evidence or appoint a corronissiorter to take such evidence as k may direcx, and report the same to the court with his findings of fact and cortdtssiorts of taw, which shah cor>stitute a part of the proceedings upon which the detefrrrirtation of the court shad be made. The court may reverse a affirm, wholly a in part, or may modify the decision brought up for review. (~ Costs shag not be allowed against the BZA, unless it shall appear to the court that it acted in bad faint or with madce in malting the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who 8/25/92 ~ 3 9 ~~ ARnCLE 11 Definitions building or structure, whether hor¢ontally or vertically, or the moving of a building or a struuxtue from - L 3 ~ ATTACHED SIGN -Any sign that is affaed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building, and whose face ~s parallel to the building element to which it is attached. Attached signs have only one face visible from a public rigM-of-way. AWNING - A shelter constructed of rigid or nonrigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building. AWNING SIGN - A type of attached sign painted on, printed on, or otherwise affaed to the surface of an awrang. BANNER - A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis. BASEMENT - A story partly underground and having at least one-half of its height above the average adjoining grade on all sides of the building or structure. BOARD -The term Board shall refer to the Board of Supervisors of Roanoke County, Virginia, unless otherwise specfically indicated. BOARD OF ZONING APPEALS -The term Board of Zoning Appeals shall refer to the Roanoke County Board of Zoning Appeals, also referred to in this ordinance as BZA. BUFFER YARD - A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts. BUILDING -Arty structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind. BUILDING COVERAGE -That portion of a kn, which when viewed from directly above, would be covered by any building or structure. For the purposes of this deflnition, tot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or bull upon as a unit. BUILDING, HEIGHT OF -The vertical distance measured from the average adjoining grade on all sides of the building or swcture to: in the case of flat roofs, the level of the highest point of the roof or top of the building or structure; in the case of a mansard roof the deck line; and in the case of pitched roofs, including hipped and gambrel roofs, the mean level between the eaves and the highest point of the roof. (For exemptions, see Section 30-100-2) BUILDING UNE -The Iirte, parallel to the street right-of way, that passes tfunugh tfte pow of the priirx~al building nearest the street right-ofway, or in the case of the rear building one, furti~t irom the street right-ofway. BUSINESS SIGN - A sign which directs attention to a profession or business conducted, or to a commodityY, service activity or entertainment sold or offered, upon the premises where the sign is looted, or in the building to which the sign is affoced. 8/25/92 541 ART1cLE u Definitions ESTABLISHMENT - Arry business, enterprise or other land use pemtitted by this ordinance, FAMILY -One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than five persons (including servants) living together as a single housekeeping unit FLOOD - A general and temporary inundation of nom~alty dry land areas. FLOOD, ONE HUNDRED YEAR - A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may ocxur in any year), FLOODPLAIN - (1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or, (2) an area subject to the unusual and rapid accumulation of run-off or surface waters from any source. FLOODWAY -The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. FLOOR AREA, FINISHED -The sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of 61 /2 feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages. FLOOR AREA, GROSS -The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wait separating two buildings, from the centerline of such common wall. Gross floor area shall exclude interior parking and loading spaces, and airspaces above atriums. FREESTANDING SIGN - A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building. FRONTAGE WIDTH - (See Lot, Frontage) GARAGE, PRNATE - A building for the private use of the owner or occupant of a prirx~pal building situated on the same lot as the principal building for the storage of motor vehicles. No facilities for mechanical service or repair of a commercial nature shall be permitted in a private garage. GLARE -The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual pertormance and visibility. HISTORIC SITE SIGNS - A sign erected and maintained by a public agency, or non-profit historical sodety, that identfies the location of, and provides information about, a historic place or event. HOME OCCUPATION SIGN - A sign associated with home occupation uses as provided for elsewhere in this ordinance. HOUSEHOLD PET -Animals that are kept for personal use or enjoyment within the home. Household pet shall include but is not flmited to dogs, cats, birds, and roder>rts. IDENTIFICATION SIGN - A permanent on-premises sign displaying only the name of a subdivision, muitl~amiy housing project, shopping center, industrial park, office park, church, school, public or quasi-public facility or similar type use. 8/25/92 5 4 ~ ;. ARTICLE it Definitions MANUFACTURED HOME - A stnxxure, varyportable ~ one or more secxions, which in the traveli or more square feet, and which is bait[ on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. A manufactured home shall contain one dwelling unit. Some manufactured homes are also referred to as mobile homes. MODULAR HOME - A dwelling una cor>gtructed on-site in accordance with the Virginia One and Two Family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. MONUMENT SIGN - A freestanding sign directly affaed to a structure built on-grade in which the sign and the swcture are an integral part of one another. NATURAL WATERCOURSE -Any natural stream river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks. NONCONFORMING BUILDING -Any building the size, dimensions or location of which was lawful when erected or aRered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NONCONFORMING LOT - A lot, the area4 dimensions or location of which was lawful at the time the lot was created, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NONCONFORMING USE - A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance. NOT FOR-PROFIT - An organization or activity which has obtained nontaxable status from the U. S. Intemat Revenue Service. OFF-PREMISES SIGN -Any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs. OFF-STREET PARKING AREA -Space provided for vehicular parking outside the dedigted street right- of-way. ON-PREMISES SIGN -Any sign which directs attention to a business, commodity, acuity, service or product conducted, sold, or offered upon the premises where the sign is located. OPEN SPACE--Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment„ or for the use and- enjoyment of owners and occuparrts of land adjoining or neighboring such open space. peen Space may include, recreation ceruers, swimming pools, tennis and basketball courts, and similar facilities. OPEN SPACE, COMMON -Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the Sevelopmertt and may include such complementary strucdues as are necessary and appropriaue, Open pace may include, recreation centers, swimming pools, tennis and basketball cants, and similar fadiities. 8/25!92 ~ ~ .. 5~~ ARTICLE 11 Definitions REPLACEMENT COST -The cost of restoring a damaged building or strtx~ure to its original conditlon. compared with the assessed value as determined by the County Assessor to determine the percentage of the cost of improvements, RIGHT-OF-WAY - A legaly established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded, and which is ocxupied or intended to be ocxupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use. SCREENING - A method of visualy shielding or obscuring one abutting or nearby structure or use from another by fencing, wails, berms or densey planted vegetation. Screening is intended to substantially but not necassariy totaly obscure visual impacts between adjoining uses, ' SERVICE AREA, URBAN AND RURAL -Those areas designated in the Roanoke County Comprehensive Plan, as amended, as either the urban service area or the rural service area SETBACK -The minimum distance by which any building or structure must be separated from a street right-of-way or lot line. SHOPPING CENTER - A group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided on-site, provision of goods delivery separated from customer access, aesthetic considerations and protection from the elements. SIGN -Any device, structure, fixture or placard using graphics, symbols, and/or written copy designed spedflcaly for the purpose of advertising or identifying any establishment, product, goods, service, or activity, SIGN HEIGHT -The vertical distance measured from grade to the highest portion of the sign or sign structure. SIGN SETBACK -The minimum distance required between any properly line and any portion of a sign or sign structure. SIGN STRUCTURE -The supports, uprights, bracing or framework of any structure exhibiting a sign, be it single faced, double faced, v-type or otherwise. SPECIAL USE - A use with operating and/or physical characteristics differerrt from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by right uses under special conditions and with adequate public review, Special uses are allowed only at the discretion and approval of the Board of Supervisors, foAowing review and recommendation by the Planning Commission in accordance with Section 30-19. STOOP - A platform, without a roof, located at the entrance of a building with sufficient area to facilitate ~ ~9~ and egress to the building. STORY -That portion of a building induded between the surtace of any floor and the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling above it, STREET -Any vehicular way which: (1) is an existing state or municipal roadway: or, (~ LS shown on a P~ aPProved Pu~ant to law; or, (3) is approved by other offidai action, The teat stn3et shall irxlude road, and highway, Unless otherwise indicated, the term street shall refer to both public and private streets. 8/25/92 ~4~ ARTICLE it Use Types - (C) The Administrator shall make such determinations of appropriate use types in writing, which shall anion (D) A determination of the Administrator may be appealed to the Board of Zoning Appeals pursuant to the procedures for adminive appeals outlined in Section 30-24. Sea 30-29-1 Agricultural and Forestry Use Tvaes AGRICULTURE -The use of land for the production of food and fibre, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. COMMERCIAL FEEDLOTS - A site where animals are stabled or confined and fed or maintained for a total of 45 days or more in any 12 month period, and where the number of animals so confined include more than 300 slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, or 30,000 laying hens or broilers, or any other site designated by the Virginia Water Control Board as a 'concentrated or intensified animal feeding operation• pursuant to the Permit Regulations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Permit Programs. FARM EMPLOYEE HOUSING - A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multi~amiiy dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed. FORESTRY OPERATIONS -The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the County, which shall be considered acxessory to the devebpment of the property, STABLES, PRNATE -The keeping, breeding, or raising of horse or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of homes or ponies the owner or occupant of the property and their guests. ~ STABLE, COMMERCIAL -The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. WAYSIDE STAND - An establishment for the seasonal retail sale of agricultural goods and merchandise Primarily produced by the operator on the site, or on nearby properly. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the Produce comes from land surrounding the wayside stand. This use type shall include agricuidual products picked by the consumer. Sea 30-29.2 Residential Uss Tv~es ACCESSORY APARTMENT - A second dwelling unit within a detached single family dwelling whk~t is clearly irtc and subordinate to the main dwelling. HOME BEAUTY/BARgER SALON - Inddental use of a single family dwelling for hair styling or barbering, wed and conducted in accordance with Article N, Use and Design Standards. 8/25/92 r 4 (~ 'J 7 ARTICLE II Use Types SINGLE FAMILY DWEWNG - A site built or modular building designed for or used exclusively as one - - - - -- - DETACHED - A single family dwelling which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means. ATTACHED -Two single family dwellings sharing a common wall area, each on its own individual lot. TOWNHOUSE - A grouping of three or more attached single family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls. TWO FAMILY DWEWNG -The use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family. Sec. 30-29-3 Clvlc Use Tvpes ADMINISTRATIVE SERVICES - Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state, county, and city offices. CEMETERY -Land used or dedicated to the burial of the dead, including columbariums, crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery. CLUBS - A use providing meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. COMMUNITY RECREATION - A recreational facility for use solely by the residerrts and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development. CORRECTION FACILITIES - A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community. CRISIS CENTER - A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings. CULTURAL SERVICES - A library, museum, or similar public orquasi-public use displaying, preserving and exhibitlng objects of community and cufturat interest in one or more of the arts or sciences. DAY CARE CENTER -Any facility operated for the purpose of providing care, protection and guidance to 10 or more individuals during only part of a twenty four hour day. This tens includes nursery schools, P~h~, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four hour period. EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY - An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees. 8/25/92 55 ~ ARTICLE II Use TYPE SAFETY SERVICES -Facilities for the conduct of safety and emercerta services for the orimarv benefit services and emergency medical and ambulance services. RELIGIOUS ASSEMBLY - A use located in a permanent building and providing regular organ¢ed religious worship and related incidental activities, except primary or secondary schools and day care facilities. UTILITY SERVICES, MINOR -Services which are necessary to support development within the immediate vicinity and irnolve only minor structures. Including in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included are all major utility services which were in existence prior to the adoption of this ordinance. UTILITY SERVICES, MAJOR -Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission. Sec. 30.29.4 Office Use Tvues FINANCIAL INSTITUTIONS -Provision of financial and banking services to consumers or clients. Welk- in and drive-in services to consumers are generaly provided on site. Typical uses include banks, savings and loan associations, savings banks, credR unions, lending establishments and automatic teller machines (ATMs). GENERAL OFFICE -Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. MEDICAL OFFICE -Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia LABORATORIES -Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only irnolved in research and development. Excluded are any laboratories which mass produce one or more producxs directly for the consumer market. Sec. 30-29-5 Commercial Uss Tvues AGRICULTURAL SERVICES - An establishment primarily engaged in providing services specificaly for the agricuaural community which is not directly associated with a farm operation. Included in this use type would be serviclng of agricultural equipment, independent equipment operators, and other related agricultural services. ANTIQUE SHOPS - A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old. 8/25/92 ai AR fICLE 11 Use Types COMMERCIAL INDOOR AMUSEMENT -Establishments which provide multiple coin operated --- ~~ -- Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades. COMMERCIAL INDOOR ENTERTAINMENT -Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls. COMMERCIAL INDOOR SPORTS AND RECREATION -Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities. COMMERCIAL OUTDOOR ENTERTAINMENT -Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks. COMMERCIAL OUTDOOR SPORTS AND RECREATION -Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. COMMUNICATIONS SERVICES -Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classrfied as Major Utility Services or Broadcasting Towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities. CONSTRUCTION SALES AND SERVICES -Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specficalty excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments. CONSUMER REPAIR SERVICES -Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments. CONVENIENCE STORE -Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores. DANCE HALL -Establishments in which more than 10 percent of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected, or some other form of compensation is obtained for dancing. EQUIPMENT SALES AND RENTAL -Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. 8/25/92 5 5 !~ ARTICLE II Use Types RECREATIONAL VEHICLE SALES AND SERVICE -Retail sates of recreational vehicles and boats, RESTAURANT, GENERAL - An establishment engaged in the preparation of food and beverages containing more than 2,000 gross square feet and characterized primarily by table service to a~stomers in non-disposable containers. RESTAURANT, FAMILY - An establishment engaged in the preparation of food and beverages containing no more than 2,000 gross square feet and characterized primarily by table service to customers in non-disposable containers. Typical uses include cafes, coffee shops, and small restaurants. RESTAURANT, DRIVE-IN OR FAST FOOD - An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter, adrive-up or drive through service facility or offers curb service. RETAIL SALES -Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classfied more specrfically by these use type classifications. STUDIO, FINE ARTS - A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer. SURPLUS SALES -Businesses engaged in the sale of used or new items, irnolving regular or periodic outdoor display of merchandise for sate. Typical uses include flea markets and factory outlets, or discount businesses with outdoor display. TRUCK STOP - An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A tnx~c stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses. VETERINARY HOSPtTAUCUNIC -Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel. Sec. 30-29.6 Industrial Use Tvaes ASPHALT PLANT - An establishment engaged in manufacturing or mbcing of paving materials derived from asphaltic mixtures or tar. CONSTRUCTION YARDS -Establishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards. CUSTOM MANUFACTURING - Fstablishments primarily engaged in the on-site productlon of goods by hand manufacturing, within enclosed structures, irnoMng the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln. INDUSTRY, TYPE I -Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solverrts and other chemical, production of items made of stone, metal or concrete. 8/25/92 5 5 ~ ~. ART1cLE n Use Types TRANSPORTATION TERMINAL - A facility for loading, unloading, and interchange of passengers, -_ _ ___ - bus terminals, railroad stations, and public transit facilities. TRUCK TERMINAL - A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. post office. WAREHOUSING AND DISTRIBUTION -Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, moving/storage firms. Sec. 30-29-7 Miscellaneous Use Tvaes AVIATION FACILITIES, PRIVATE -Any area of land used or intended for the landing and taking-off of aircraft for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, all faced-wing planes and gliders, but not hang gliders. AVIATION FACILITIES, GENERAL -Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair. storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. BROADCASTING TOWER - A structure for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, including ham radio towers, and similar types of devices. OUTDOOR GATHERING -Any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revNals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held in public parks or on public school property shall not be included within this use type. PARKING FACILITY, SURFACE/STRUCTURE -Use of a site for surface parking or a parking structure unrelated to a specfic use which provides one or more parking spaces together with driveways, aisles, fuming and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use. SHOOTING RANGE, OUTDOOR -The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. l=xduded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. SEC.30-30...30-31 (RESERVED) ARTICLE 111 -DISTRICT REGULATIONS SEC. 30-32 AO~ AGRICULTURAURURAL PRESERVE DISTRICT Sec. 30-32-1 Purpose (A) The AGE, AgricuRurai/Rural Preserve district consists of land primarily used as farmland, woodlands, and widely scattered residential development located within the rural service area Also found in these 8/25/92 ARTICLE III 559 AGE District indicates additional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. AaricuRurai Uses Commercial Feedlots 2 Civic Uses Cemetery * Correctional Facilities Religious Assembly * Utllity Services, Major 3. Commercial Uses Campgrounds 4. industrial Uses landfill, Construction Debris landfill, Rubble landfill, Sanitary Resource Extraction 5. Miscellaneous Uses Aviation Facilities, Private Broadcasting Tower Outdoor Gatherings Shooting Range, Outdoor Sec. 302-3 Sits Development Regulations General Standards. For additional, modified, or more stringent standards for specfic uses, see Article IV, Use and Design Standards. (A) Minimum lot reouiremerrts 1. All lots, regardless of sewer and water provisions: a Area: 3 acres (130,680 square feet) b. Frontage: 200 feet on a publicly owned and maintained street. o. Maximum width to depth ratio: 1 to 5 (W to D) on streets in existence prior to the adoption of this ordinance. (B) Minimum setback reouirements 1. Front yard: 50 feet 2 Side yard: a Principal structures: 25 feet 8/25/92 ~~ ARTICLE lli AG-1 District Accessory Apartment Home Occupation, Type 1 and Type II Kennel, Private Manufactured Home, Accessory Manufactured Home, Class A Manufactured Home, Emergency Residerttiai Human Care Facility Single Family Dwelling, Detached 3. Civic Uses Community Recreation Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Utility Services, Minor 4. Commercial Uses Bed and Breakfast Veterinary HospitaUClinic (B) The following uses are aik~wed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. AaricuRurat Uses Commercial Feedlots 2 Civic Uses Cemetery Religious Assembly Utllity Services, Major * 3. Commercial Uses Agricultural Services Campgrounds Kennel, Commercial 4. Industrial Uses Custom Manufacturing Landfill, Construction Debris landfill, Sanitary Resources Extraction 5. Miscellaneous Uses Aviation Faalities, Private Broadcasting Tower Outdoor Gatherings Shooting Range, Outdoor Sec. 30-33-3 Site Development Regulations 8/25/92 56 ARTICLE III AR District iwa~au u~ a~~ ay~wuuulal CIIV11U111tIG11[ WIlE3fH Ale ngra-IO-raml naS peen eSIaDIISn@d aS GOUnty policy. Over time, however, these areas are expected to become increasingly residential in character, with residential development becoming the dominant use over agricultural and more rural type uses. The purpose of this district, consistent with the Rural Village land use category in the Comprehensive Plan, is to maintain these areas essentially in their rural state, consistent with the level of services anticipated by the County. These areas are generally suitable for low density residential development and other compatible land uses. Sec. 30-342 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agriculture Farm Employee Housing Forestry Operations Stable, Private Stable, Commercial Wayside Stand 2 Residential Uses Accessory Apartment Home Occupation, Type I Kennel, Private Manufactured Home, Accessory Manufactured Home, Class A Manufactured Home, Emergency Residential Human Care Facility Single Famiy Dwelling, Detached 3. Chic Uses Community Recreation Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Utllity Services, Minor 4. Commercial Uses Veterinary Hospital/Clinic (B) The following uses are allowed only by Special Use Pemnit pursuant to Section 30-19. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Residential Uses Home Beauty/Barber Salon 8/25/92 g ~~ ., ARTICLE III AR District b. Accessory structures: 15 feet behind front building line or 10 feet behind rear building line. 3. Rear yard: a Principal structures: 25 feet b. Accessory structures: 10 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. Where the principal structure is more than 150 feet from the street, accessory buildings may be located 150 feet from the street and 20 feet from any side property line. (C) Maximum height of structures 1. All structures: 45 feet (D) Maximum coveraoe 1. Building coverage: 15 percent of the total lot area 2 Lot coverage: 30 percent of the total lot area SEC. 30-35 (RESERVED) SEC. 30-36 AV VILLAGE CENTER DISTRICT Sec. 30-36-1 Purpose (A) The purpose of the AV, Village Center district is to establish areas which will serve as the focal point for cultural and commercial activity of the rural service areas of the County, as ernisioned in the Comprehensive plan land use category of the same name. The density recommended for these areas is intended to average between one and three units per acre. Small country stores, family restaurants, and similar small service and personal service businesses, in addition to public and institutional buildings such as schools, post offices and places of religious assembly, are commonly found at these crossroad locations. These areas bring a sense of community to the surrounding rural areas, with an emphasis on providing the essential goods and services to rural residents, but are not intended as employment destinations for urban residers. New development should therefore be carefully considered for its compatibility with the surrounding development and the purpose and intent of this district. Any expansion of these areas should be contiguous to existing Village Center areas to avoid leap-frog commercial development. Similarly additional development may warrant addfiional public services, such as community sewer and water systems. Sec. 30-36-2 Permitted Uses (A) The folk ring uses are permRted by right subject to all other applicable requirements dined in this Ordinance. An asterisk (*) indicates addifional, modfied or more sMnger standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. AS~ricuRural and Forestry Uses Agriculture 8/25/92 56.7 ARTICLE iii AV District Multi-famiy Dwelling Townhouse 3. Civic Uses Cemetery Crisis Center Hallway House Home for Adults Life Care Facility Nursing Home Utility Services, Major 4. Commercial Uses AgricuRural Services Automobile Repair Services, Minor Automobile Parts/Supply, Retail Boarding House Clinic Convenience Store Funeral Services Garden Center Gasoline Station Kennel, Commercial Restaurarrt, General 5. Industrial Uses Construction Yards Custom Manufacturing Recycling Centers and Stations 6. Miscellaneous Uses Outdoor Gatherings Ssc. 30-36-3 Sits Development Regutatlons General Standards. For additional, modified, or more stringent standards for specific uses, see Amide IV -Use and Design Standards. (A) Minimum lot requirements 1. Lots served by private wea and sewage disposal system; a Area: 25,000 square feet b. Frontage: 85 feet on a publicly owned and mairnained street. 2 Lots served by either pubUc sewer or water. a.. Area: 20,000 square feet 8/25/92 ~~g ~ ARTICLE III R-1 District _.__ _ ; _ compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. Sec. 30.41-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. Residential Uses Home Occupation, Type I Manufactured Home, Class A * Manufactured Home, Emergency Residential Human Care Facility Single Family Dwelling, Detached (For Zero Lot Line Option - *) Single Family Dwelling, Attached 2. Civic Uses Community Recreation Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Utility Services, Minor (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Stable, Private 2. Residential Uses Accessory Apartment Home Beauty/Barber Salon Kennel, Private 3. Civic Uses Cemetery Crisis Center Educational Facilities, Primary/Secondary Religious Assembly Utility Services, Major 4. Miscellaneous Uses Outdoor Gatherings SsC. 30-41-3 Slte Development Regutattons General Standards. For additional, modfied, or more stringent standards for specfic uses, see Article IV • Use and Design Standards. 8/25/92 57~ ART1cLE m SEC. 30.42 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 30-42-1 Purpose R-1 District (A) The purpose of the R-2, Medium Density District is to establish areas in the County within the urban service area where existing low-middle to middle density residential development (one to sa units per acre) is primarily located and land areas which appear generally appropriate for such development. These areas are consistent with the Neighbofiood Conservation land use category, and where public services warrant, the Development land use category as recommended in the Comprehensive Plan. This district is intended to provide reasonable protection to existing single family residential neighborhoods, while accommodating a diversity of aRemative housing options. These areas are designated based on access to roads, sewer and water, and schools with suitable capacity to accommodate development at the stated density. Older neighborhoods where smaller platted tot sizes exist are also included where opportunities exist for additional in-fill development. Sec. 30-42-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Residential Uses Accessory Apartment Home Occupation, Type I Kennel, Private Manufactured Home, Class A Manufactured Home, Emergency Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached (For Zero Lot Line Option - *) Two Family Dwelling 2 Civic Uses Community Recreation Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Religious Assembly Utility Services, Minor (B) The following uses are alk7wed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. Residential Uses Home Beauty/Barber Salon Townhouse 8/25/92 X73 ARTICLE III R-2 D'~strict 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures Height limitations: a Principal structures: 45 feet b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage 1. Building coverage: 30 percent of the total lot area for alt buildings and 7 percent for accessory buildings. 2 Lot coverage: 50 percent of the total lot area. SEC.30-43...30-44 (RESERVED) SEC. 30-45 R-3 MEDIUM DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec. 30-45-1 Purpose (A) The purpose of the R-3, Medium Density Multi-family Residential district is to provide areas in the County within the urban service area where existing middle-high density residential development (sa to twelve units per acre) has been established and land areas which generally appear to be appropriate for such development. This district is intended to coincide with the Development and Transition land use categories contained in the Comprehensive Plan. They are designated based on access to major streets, sewer and water, and schools with suitable capacity to accommodate development at the stated density, and where parcel sixes allow for well-planned residential development. The areas designated in this district are also intended to serve as a buffer between less intensive residential areas and more intensive office, commercial and industrial areas and districts. A variety of housing densities and styles is encouraged in order to permit a diversity and flexibility in design and layout. Additional standards are established to provide for amenities in higher density developments. Sec. 30-45-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specfic uses. 1. Residential Uses Acxessory Apartment Home Occupation, Type I Manufactured Home, Class A Manufactured Home, Emergency Muffi-family Dwelling Residential Human Care Facility Single Family Dwelling, Attached 8/25/92 ~~ J ARTICLE III R3 District 3. Ali kits served by both public sewer and water. a Area 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum tot size and permitted densities for multi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback reauirements 1. Front yard: 30 feet 2 Side yard: a Principal structures: 10 feet b. Accessory structures: 10 feet behind front building tine or 3 feet behind rear building line. 3. Rear yard: a Principal structures: 25 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures 1. Height limitations: a Principal structures: 45 feet b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D) Maximum coverage 1. Building coverage: 35 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: li0 percent of the total lot area SEC. 30-46 R-4 HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT Sec.30~6-1 Purpose (A) The purpose of the R-4, High Density Multi-family Residential district is to provide areas in the County within the urban service area where existing high density residential development (twelve to twenty four units per acre) has been established and land areas which generally appear to be appropriate for such developmentt. These areas should serve as a buffer between less intensive and more intensive districts. This district coincldes with the recommendations for the Transition and Core land use categories contained in the Comprehensive Plan where residential development appears to be appropriate. These 8/25192 57~ ARTICLE III R-4 District 4. Miscellaneous Uses Outdoor Gatherings Sec. 306-3 Site Development Regulations General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV -Use and Design Standards. (A) Minimum lot requirements 1 • Lots served by private well and sewage disposal system; a Area:.75 acre (32,670 square feet) b. Frontage: 90 feet on a publicly owned and maintained street. 2 Lots served by either public sewer or water. a Area: 20,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water. a Area: 7,200 square feet b. Frontage: 60 feet on a publicly owned and maintained street. 4. For minimum lot size and permitted densities for muRi-family dwellings and townhouses refer to Article IV, Use and Design Standards. (B) Minimum setback requirements 1. Front yard: 30 feet 2 Side yard: a Principal structures: 10 feet b. Accessory structures; 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a Principal structures: 10 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C) Maximum height of structures 8/25/92 57 9 ARTICLE III 2 Civic Uses PRD District Crisis Center Day Care Center Educational Facilities, Primary/Secondary Family Day Care Home Park and Ride Facility Public Parks and Recreational Areas Religious Assembly Safety Services Utility Services, Major Utllity Services, Minor 3. Office Uses General Office Medical Office 4. Commercial Uses Convenience Store Gasoline Station * Personal Services Restaurant, Family (B) Other use types which are not listed above and which are determined to be appropriate and compatible with the proposed development and surrounding uses may be permitted in the PRD district where they are specifically proposed in the initial preliminary master plan and approved pursuant to Section 30-47- 5. Sec. 30.47-3 Slits Development Regulations (A) Each planned residential development shall be subject to the following site development standards. Minimum district size: 10 acres of contiguous land. 2. Maximum gross density: 5 dwelling units per acre, excluding any density bonuses provided for bekrnr. 3. Minimum common open space and/or recreational areas: l 5 percent of the gross area of the PRD district. 4. Criteria for all open space: a Minimum countable open space: 5,000 contiguous square feet. b. Minimum horizontal dimension: 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain faalifies such as, but not limited to, bikeways, exercise trails, tot tots, gazebos, picnic tables, etc. c. Common open space shall not include proposed street right-of-ways, open parking areas, driveways, or sites reserved for schools or places of religious assembly. d. Common open space and/or recreational areas shall be of an appropriate nature and location to serve the residents of the district. 8/25/92 58 ~ ` ARTICLE 111 PRD D'~strict Sec. 30-47-5 Application Process (A) Prior to submitting a formal application for review and approval under these provisions, the applicant and county staff shall meet to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. The applicant is encouraged to submit information on the scope and nature of the proposal to allow staff to become familiar with the proposal in advance of this meeting. (B) Any application to rezone land to the PRD designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the applicant as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the Board of Supervisors has approved the final master plan, all accepted proffers shaft constitute conditions pursuant to Section 30-15. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written infomnation, which shall constitute a preliminary master plan. All information submitted shall be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2 F~cisting zoning, land use and ownership of each parcel proposed for the district. 3. A general statement of planning objectives to be achieved by the PRD district, including a description of the character of the proposed development, the existing and proposed ownership of the site, the market for which the development is oriented, and objectives towards any speck man-made and natural characteristics looted on the site. 4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. 5. Aland use plan designating specific uses for the site, both residential and non-residential uses, and establishing site development regulations, including setback, height, building coverage, lot coverage, and density requirements. 6. A circulation plan, including location of existing and proposed vehicular, pedestrian, bicycle, and other circulation facilities and location and general design of parking and loading facilities. General information on the trip generation, ownership and maintenance and proposed construction standards for these facilities should be included. A Traffic Impact Analysis may be required by the Administrator. 7. A public services and utilities plan providing requirements for and provision of all utilities, sewers, and other facilities to serve the site. 8. An open space plan, including areas proposed for passive and active recreational uses, natural and undisturbed areas, and proposed buffer areas proposed around the perimeter of the site. Information on the specific design and location of these areas and their ownership and maintenance should be included. 8/25/92 ART1cLE m 8 ~ ~, PRD District 8. Any other change that the Administrator finds is a major divergence from the approved final ~..~.A~ .,.rte (B) All other changes in the final master plan shall be considered minor amendments. The Administrator, upon receipt of a written request of the owner, may approve such minor amendments. 1. If the Administrator fails to act on a request for a minor amendment to the Master Plan within 15 calendar days, it shall be considered approved. 2. A request which is disapproved by the Administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. Sec. 307-7 Approval of Preliminary and Final She Development Plans (A) Following the approval of the final master plan, the applicant or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the PRD that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit. and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Develooment Procedures. available in the Department of Engineering and Inspections. (B) It is the intent of this section that subdivision review under the subdivision regulations be carried out simultaneously with the review of a planned residential development under this section. The plans required under this section shall be submitted in a form which will satisfy the requirements of the subdivision regulations, as determined by the Administrator. (C) Preliminary and final site development plans submitted for review shall in compliance with the final master plan approved by the Board of Supervisors. Roanoke County shalt review and approve or disapprove any Final Site Development Plan within 60 days of its submittal. (D) No Planned Residential Development shall be approved and no work shall be authorized on construction until all properly included in the Final Master Plan is in common ownership. Sec. 30-47.8 Failure to Begin Development (A) Failure of the applicant to submit a preliminary site development plan for at least one portion of the planned residential development within 18 months of the approval of the final master plan, shall constitute an applicadion on the part of applicant to rezone the PRD to the district designations in effect prior to the approval of the final master plan. Sec. 30.47-9 Control Following Approval of Final. Development Plans (A) The zoning administrator shall periodically inspect the site and review all building permits issued for the development to ensure that the development schedule is generally complied with. The provision and aorutruction of all of the common open space and pubic and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. ff the admin~or finds that the development schedule has not been followed, no permits, excerpt for the above menti~ed fac~ies, shall be issued untll the developer complies with the devebpriemt schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space and/or public and recreational faalities will be provided for at a specfic date. Sec. 307-10 Existing Planned UnR Developments 8/25/92 585 ARTICLE m R-MH District submit as part of their application, a preliminary plan. This preliminary plan shall constitute a proffer of condRions, pursuant to Section 30-15 of this ordinance, and shall show the location of the following: The layout and design of the manufactured home subdivision or park including the location of all manufactured home lots, office, service, and community facilities. 2 The location of all recreation areas, and information on how they shall be developed. Area cakx~lations shall be provided. 3. Ali socisting and proposed public and private streets or pathways. Minor and collector streets shall be designated. 4. All proposed parking areas. (C) If the R-MH district is approved by the Board of Supervisors, a site development plan meeting the procedures and standards of Section 30-90 shall be submitted prior to construction. SEC. 30-49 RCO RESIDENTIAL CLUSTER OVERLAY DISTRICT (RESERVED) SEC. 30-50 (RESERVED) SEC. 30.51 NC NEIGHBORHOOD COMMERCIAL DISTRICT Sec. 30.51-1 Purpose (A) The purpose of this district is to provide for the development of low intensity retail sales and service establishments developed either as a coordinated unit or on individual parcels which primarily serve the residents of a geographically limited neighborhood or residential area The total district size should be no more than three acxes and expansion beyond this size should be limited Neighborhood Commercial districts are most appropriately found along or near a residential collector street or minor arterial roadway which serves the residents of a particular subdivision or cluster of residences. These areas should also be served by public sewer and water. Land uses permitted in this district are compatible with the recommendations set forth in the Neighborhood Conservation and Development categories of the Comprehensive Development Plan. In order to enhance the general character of the district, its function Of neighbort~ood service, and its compatibility with residential surroundings, building heights, the size of certain uses and characteristics are all limited. Sec. 30.51-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requiremerrts contained in this Ordinance. An asterisk (*) indicates additional, modfied or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Civic Uses Community Recreation Cultural Services Day Care Center Educational Faality, Primary/Secondary Family Day Care Home Post Office Religious Assembly 8/25/92 ARTICLE III ~ 8 ~' ~' NC D'~ ,trio (D) Maximum coverage 1. Building coverage: 35 percent of the total lot area for alt buildings and 7 percent for accessory buildings. 2 Lot coverage: 65 percent of the total lot area SEC. 30-52 (RESERVED) SEC. 30-53 C-1 OFFICE DISTRICT Sec. 30-53-1 Purpose (A) The purpose of the C-1 Office District is to provide for the development of attractive and efficient office uses in the urban service area which serve both community and county-wide needs. The C-1 district allows for varying intensities of office development as part of either a planned office complex or, to a limited degree, small scale office uses. Retail uses are permitted, to a limted extent, where they are supportive of the office ernironment. The C-1 districts are most appropriately found along or near major arterial streets where existing commercial development has occurred and/or where commercial zoning has been established, or near existing residential development where it would serve as a logical buffer strip between conflicting land use types. Land uses permitted in the C-1 Office District are generally consistent with the recommendations forth in the Transition and Core land use categories of the Comprehensive Development Plan. Site development standards are intended to ensure compatibility with adjacent land uses. Sec. 30-53-2 Permitted Uses (A) The following uses are permitted by right subject to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article N, Use and Design Standards, for those specific uses. 1. Residential Uses Acxessory Apartment Home Beauty/Barber Salon Home Occupation, Type I Multi-family DwelUng Two-family Dwelling 2 Civic Uses Clubs CuUwal Services Day Care Center Educational Facilitles, College/University Educational Facilities, Primary/Secondary Guidance Services Pant and Ride Facility Post Office 8/25/92 5a~ ARTICLE III C-1 District 2 Lots served by efther public sewer or water, or both: a Area 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback reouirements 1. Front yard: 30 feet, or 20 feet when alt parking is located behind the front building line. 2 Side yard: a Principal structures: 10 feet on any one side, with a combined total on both sides of at least 25 feet. b. Accessory structures: 10 feet behind the front building tine, or 3 feet behind rear building line. 3. Rear yard: a Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street, front yard setbacks shall apply to afl streets. (C) Maximum heioht of structures 1. Heigh limitations: a Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipmern. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all other locations the height is unlimited unless otherwise restricted by this ordinance. b. Accessory structures: 15 feet (D) Maximum coverage 1. Building coverage: 50 percent of the total lot area 2 Lot coverage: 80 percent of the total lot area. SEC. 30-54 C-2 GENERAL COMMERCIAL DISTRICT Ssc.30-54-1 Purpose (A) The purpose of this district is to provide locations for a variety of commercial and service related activities within the urban service area serving a community of several neighborhoods or large areas 8/25J92 59~ ARTICLE 111 G2 oistricx Clinic Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communications Services Construction Sales and Services Consumer Repair Services Funeral Services Garden Center Gasoline Station Hospital HoteUMoteUMotor Lodge Kennel, Commercial Pawn Shop Personal Improvement Services Personal Services Restaurant, General Restaurant, Family Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic 5. Industrial Uses Recycling Centers and Stations 6. Miscellaneous Uses Broadcasting Tower Parking Faality (B) The following uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates additional, modified or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses 1. Civic Uses Home for Adults Life Care Facility Nursing Home ReNgious Assembly Utility Services, Major 2 Commertial Uses Acxonat~ile Dealership, Used Atxomobile Repair Services, Major Car Wash Commeraai Indoor Amusement Convenierxe Store Dance Half Equipmerx Sales and Rental Marwfactared Home Sales Mini-warehouse 8/2S/92 593 ARTICLE al C-2 District - - height over 45 feet. In all locations the height is unlimited unless otherwise restricted by this Ordtrwrx~. b. A~essory structures: actual height of principal structure. (D) Maximum coverage 1. Building coverage: 50 percent of the total lot area 2 Lot coverage: 90 percent of the total lot area SEC. 30-55 (RESERVED) SEC. 30.56 INT INTERCHANGE DISTRICT (RESERVED) SEC. 30-57 PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT (RESERVED) SEC. 30.58...30.60 (RESERVED) SEC. 30.61 I-1 INDUSTRIAL DISTRICT Sec. 30.61-1 Purpose (A) The Purpose of the I-1, Industrial district is to provide areas within the urban service area which are suitable for less intensive industrial activities, These areas are primarily designated based on the suitability of the land in temps of slope and freedom from flooding, as well as the availability of adequate sewer and water capaaty, access to arterial road network, and proximity to rail and airport facilities or the interstate highway system. 'This district generally coincides with the recommendatlorrs for the Principal Industrial fiend use category contained in the Comprehensive Plan, and particularly those areas unsuitable for more intensive or potentialy hazardous industrial uses. Distributing these anus around the County in a planned manner to create employment centers within close proximity to residential growth areas and reduce heavy traffic generation of industrial uses is encouraged. Since land with suitable characteristics for less intensive industrial development is limited in the County, a high degree of proterxion is promoted where ~dustriat development is located adjacent to existing or future residential areas. The conversion and/or redevelopment of existing non-confomning uses in this distrkx which are unrelated to industrial needs is also encouraged. Sic. 30.61-2 Permitted Uses (~ T11e fdlowing uses are Permitted by right subjecx to au other applicable ragt~emertrs coned in this Obb'tance. An asterisk (*) indicates additional, modified or more stringent standards are listed in Artlde N, Use and Design Standards, for those specific uses. 1. Agricultural and Forestry Uses Agricx~iture 2 _ C_ Day Care Center 8/25/92 ARTICLE III ~ 9 5 ~, I-1 District -- _ ~~ --• • -~- •r~•.......~....o.~.~ ~- N -Use and Design Standards. (A) Minimum tot requirements 1. Lots served by private well and sewage disposal system; a Area: 1 acre (43,560 square feet) b. Frontage: 100 feet on a publicly owned and maintained street. 2 Lots served by either public sewer or water, or both: a. Area: 15,000 square feet b. Frontage: 75 feet on a publicly owned and maintained street. (B) Minimum setback requirements 1. Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2 Side yard: a Principal structures: 10 feet b. Accessory structures; behind front building line and 3 feet from side line. 3. Rear yard: a Principal structures: 15 feet b. Accessory structures: 3 feet 4. Where a lot fronts on more than one street. front yard setbacks shall apply to all streets. (C) Maximum height of structures t. Height limitations: a Aq structures: 45 feet, indtxling rooftop mechanical equipment. The maximum height may be increased to 60 feet provided each side and rear yard is increased one foot for each foot in height over 45 feet. (D) Maximum coverage 1. Building coverage: 50 percent of the total lot area 2 Lot coverage: 90 percent of the total lot area. SEC. 30.62 1-2 INDUSTRIAL DISTRICT SeC.30.62.1 Purpose 8125192 5 9 7 =' ARTICLE 111 I-2 District Tnx:k Terminal Warehousing and Distribution 6. Miscellaneous Uses Broadcasting Tower Parking Facilities (B) The bik~wing uses are allowed only by Special Use Permit pursuant to Section 30-19. An asterisk (*) indicates addifional, modfied or more stringent standards are listed in Article IV, Use and Design Standards, for those specific uses. 1. Commercial Uses Commercial Indoor Sports and Recreation Surplus Sales Tnu:k Stop 2 Industrial Uses Asphalt Plant Industry, Type III Resource Extraction 3. Miscellaneous Uses Aviation Facilities, Private Outdoor Gatherings SeC. 30-62-3 Slte Development Regulations General Standards. For additional, modfied, or more stringent standards for specific uses, see Article N -Use and Design Standards. (A) Minimum lot requirements 1. Lots served by private well and sewage disposal system; a Area: 1 acre (43,560 square feet) b. Frontage: 100 feet on a publicly owned and maintained street 2 Lots served by either public sewer or water, or both: a Area: 20,000 square feet b.. Frontage: 100 feet on a pt owned and maintained street. (~ Minimum setback requirements 1 • Front yard: 30 feet, or 20 feet when all parking is located behind the front building line. 2 Side yard: a Principal structures: 10 feet 8/25/92 59~ ARTICLE III EP District on the preliminary master plan, reviewed and approved by the Board of Supervisors under the Sec. 30-71-4 Relationship to Exlsting Development Reguiattons (A) All zoning related site development regulations shall apply to the development of the park, unless such regulations are modified as a condition of the approved preliminary master plan. Sec. 30-71-5 Application Process (A) Prior to submitting a format application for review and approval under these provisions, the applicant and county staff shall confer to discuss the requirements of this section. The purpose of the meeting is to obtain a mutual understanding of the application requirements and process. (B) Any application to rezone land to the EP designation, shall constitute an amendment to the zoning ordinance pursuant to Section 30-14. The written and graphic information submitted by the VRFA as part of the application process shall constitute proffers pursuant to Section 30-15 of this ordinance. Once the preliminary master plan is approved by the Board of Supervisors, all accepted proffers shall constitute conditions pursuant to Section 30.15. (C) To initiate an amendment, the applicant shall complete a rezoning application packet. This information shall be accompanied by graphic and written information, which shall constitute a preliminary master plan. All information submitted shalt be of sufficient clarity and scale to clearly and accurately identify the location, nature, and character of the proposed district. At a minimum this information shall include: 1. A legal description of the proposed site. This may be a metes and bounds description and plat, or a tabular summary of all tax parcels proposed for rezoning. If tax parcels are used, a composite plan shall be submitted, showing the limits of the proposed district, and the location of each parcel within the district. 2 Current information on the existing zoning and land use of each parcel proposed for the district. 3. If future additions to the district are ernisioned, a concept plan showing their location shall be submitted. This concept plan shall show the relationship of these parcels to the proposed district, and their intended use, if known. 4. A description and analysis of existing site conditions, including information on topography, archeological and historic resources, natural water courses, floodplains, unique natural features, tree cover areas, etc. A general statement of planning objectives is to be included indicating how the development and use of the site will address the management and preservation of these features. 5. A generalized land use plan. This plan shall in schematic form show the proposed location of all maijor land use or activity areas. For each area designated, inforrrration shall be provided in wrtten and/or graphic form that describes the nature and character of the improvements or actwities Proposed. This information shall be of sufficient detail to clearly portray the intended use and design objectives. 6. For planned activity areas devoted to office, retail, restaurant, lodging, education, conference, or other similar types of commercial activities, information shall be provided on the maximum intensity, size or number of such activities, their generalized location and operating characteristics, and a generalized phasing plan for their construction. The size and scale of all retail, restaurant 8/25/92 ~~ ARTICLE III EP District (~ If the Commission recommends denial of the preliminary master plan, or approval with modification, the arty modfications to the preliminary master plan, the Board of Supervisors' review and action shall be delayed until such changes are made and submitted for review. (G) The Board of Supervisors shall review the preliminary master plan, and act to approve or deny the plan within 90 days. Approval of the preliminary master plan shall constitute acceptance of the plan's provisions and concepts as proffers pursuant to Section 30-15 of this ordinance. The plan approved by the Board of Supervisors shall constitute the final master plan for the park. Once approved by the Board of Supervisors, the Administrator shall authorize the revisions to the official zoning map to indicate the establishment of the EP district. Sec. 30.71-6 Revisions to Final Master Plan (A) Major revisions to the final master plan shall be reviewed and approved following the procedures and requirements of Section 30-71-5 above. Major revisions, as determined by the Administrator may include, but not be limited to changes such as: 1. Either (a) the addition of major new land uses or activities not planned at the time of the approval of the final master plan, or (b) the substantial relocation of uses or activities shown on the approved final master plan. 2. The acquisition of property by the VRFA, if such property is intended to be incorporated and used as part of the Park activities. 3. Any transportation or road alignment changes resulting in any change in the location of public aocess to the Park, or substantial changes in the location or number of service and employee access locations. Sec. 30-71-7 Approval of Prellminary and Final Slte Development Plans (A) Following the approval of the final master plan, the VRFA or its authorized agent, shall be required to submit preliminary and final site development plans for approval. Final site development plans for any phase or component of the Park that involves the construction of structures or facilities, shall be approved prior to the issuance of a building and zoning permit, and the commencement of construction. Standards for preliminary and final site development plans are found in a document entitled Land Develooment Procedures available in the Department of Engineering and Inspections. (B) Preliminary and final site development plans submitted for review shall be substantially in accord with the final master plan approved by the Board of Supervisors. Roanoke County shall review and approve or disapprove any Final Site Development Plan within 60 days of its submittal. Administrative review of these plans shall ensure compliance with the approved final master plan. Sec. 30-71-8 Failure to Begin Development (A) Failure of the VRFA to submit a preliminary site development plan for at least one portion of the park within 5 years of the approval of the final master plan, shall constitute an application on the part of VRFA to rezone the EP to the district designations in effect prior to the approval of the final master plan. SEC. 30.72 AO AIRPORT OVERLAY DISTRICT Sec. 30.72-1 Purpose 8/25/92 60~ ARTICLE iii AO District i reference point and having a radius of seven thousand feet. The horizontal zone does not include the instrument and noninstrument approach zones and the transition zones. 5. Conical Zone. Conical Zone shall be the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of five thousand feet. The conical zone does not include the instrument approach zones and transition zones. Sec. 30-72-3 Height Umltatlons (A) Except as may otherwise be provided in this Section, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this Section to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones as follows: Instrument Aooroach Zones One foot in height for each fifty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the end of the instrument runway and extending to a distance often thousand two hundred feet from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet from the end of the runway. 2 Noninstrument Aooroach Zones One foot in height for each forty feet in horizontal distance beginning at a point two hundred feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point ten thousand two hundred feet from the end of the runway. 3. Transition Zone. One foot in height for each seven feet in horizontal distance beginning at any post two hundred fifty feet normal to and at the elevation of the centerline of nonirrstrument ninways, extending two hundred feet beyond each end thereof, and five hundred feet normal to and at the elevation of the centerline of the instrument runway, extending two hundred feet beyond each end thereof, extending to a height of one hundred fifty feet above the airport elevation which is one thousand one hundred seventy-five feet above mean sea level. In addrbon to the foregoing, there shall be height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they irrtersect the horizontal or conical surtaces. Further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of five thousand feet from the edge of the instrument approach zone measured normal to the centerline of the runway extended. 4. Horizontal Zone. One hundred fifty feet above the airport elevation or a height of one thousand one hundred seventy-five feet above mean sea level. 5. Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of four hundred feet above the airport elevation. (B) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. 8/25/92 ~~ ~ ARTICLE III ECO District designations as shown on the Official Zoning Map. As overlay regulations, this Section shall be supplemental to the underlying zoning district provisions. Sec. 30.73 Emergency Communication Zones (A) Emergency Communication Zones are hereby established. These zones shall include all of the land lying beneath and within 100 feet to either side of the transmission paths of emergency communications from a microwave transmission system. These zones are shown on a map entitled •Roanoke County Emergency Communications Zoning Map,• prepared under the direction of the Technical Services Officer for the Fire and Rescue Department. This map shall be kept as a supplement to the Official Zoning Map. Sec. 30.73-4 Height and Use Llmitatlons (A) No structure shall be erected, altered, or maintained, and no tree shall be allowed to grow to a height which could obstruct the transmission of emergency communications. (B) No use may be made of any property which would create interference with the transmission of emergency communications. Sec. 30.73-5 Permits (A) Any application for a building permit for construction on any property located within an Emergency Communication Zone shall be referred to the Technical Services Officer of the Fire and Rescue Department. (B) The applicant shall satisfy the Technical Services Officer that the proposed structure will comply with the height and use limitations of this section. Sec. 30.73-6 Appeals (A) Any decision of the Technical Services Officer with regards to the requirements of this Section shall be considered a decision of the Administrator, and may be appealed to the Board of Zoning Appeals pursuant to the provisions of this ordinance. SEC. 30.74 FO FLOODPLAIN OVERLAY DISTRICT Sec. 30.741 Purpose (A) The purpose of these floodplain provisions is to prevent the following hazards: The loss of life and propeny; 2 The creation of health and safety hazards; 3. The disruption of commerce and governmental services; 4. The extraordinary and unnecessary expenditure of public funds for flood protection and relief; and, 5. The impairment of the tax base. 8/25/92 X07 ARTICLE III FO District elevations are provided, but where the drainage area is greater than 100 acres. Such areas may be on the Flood Boundary and Fk~odway Map, Where the specific 100-year flood elevation cannot be determined for this area using other sources of data such the U.S. Amry Corps of Engineers, Fk~odplain Irtfomtation Reports, U.S. Geological Survey Flood Prone Duadrangtes, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Calculations for the design flood shall be related to existing land use and potential development under existing zoning. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County Engineer. Sec. 30.74-5 Creation of Overlay (A) The Floodplain Areas described above shall be an overlay to the existing underlying zoning districts as shown on the Official Zoning Map, and as such, the provisions for the floodptain areas shall serve as a supplement to the underlying zoning district provisions. (B) The boundaries of the floodplain areas are established as shown on the Flood Boundary and Floodway Map which is declared to be part of this chapter and which shall be kept on file in the office of the Administrator. Sec. 30.74-6 Floodpialn Boundary Changes and Interpretation (A) The delineation of any of the floodpiain areas may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or made detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. (B) Initial interpretations of the boundaries of the floodplain areas shall be made by the Administrator. Should a dispute arise conceming the boundaries of any of the floodplain areas, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the fioodplain area boundary shall be given an opportunity to present his case to the Board of Zoning Appeals and to submit technical evidence. Procedures for such appeals shall be as outlined in Section 30-24 of this ordinance. Sec. 30.74-7 Floodptaln Area Provisions, Generally (A) All uses, activities, and development occurring within any floodplain area shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this Section and with all other applicable codes and ordinances such as the Virginia Uniform Statewide Building Code and the Roanoke County Subdivision Ordinance. Prior to the issuance of any such permit, the Administrator shall require all applications to include compliance with all applicable state and federal laws. (B) Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways or any watercourse, drainage ditch, or any other drainage facility or system. Prior to any proposed alteration or relocamon of any channels or fioodways of any watercourse, stream, etc., within Roanoke County, approval shall be obtained from the State Water Control Board. Further, 8/25/92 fiO 9 ARTICLE Ill FO District and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning. 6. Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural development, shall be undertaken in strict compliance with the flood-proofing provisions contained in all other applicable codes and ordinances. Sec. 30-749 Flood-Fringe and Approximated Floodptaln Development Regulations (A) In the Flood-Fringe and Approximated Floodplain the development and/or use of land shall be permitted in accordance with the regulations of the underlying Zoning District provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodprooflng and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. However, in Approximated Floodplain areas the applicant and/or developer shall evaluate the effects of the proposed development and/or use of land on the floodplain with current hydrologic and hydraulic engineering techniques. The applicant and/or developer shall submit studies, analysis, computations, eta to show the delineation of a floodway based on the requirement that afl existing and future development not increase the 100-year flood elevation more than one (1) foot at any point. The engineering principle, equal reduction of conveyance, shall be used to make the determination of increased flood height. Sec. 30-7410 Procedures for Special Uses In Floodways (A) Any use listed as permitted with a Special Use in a Floodway shall be allowed only after application to the County Board of Supervisors. All such applications shall be reviewed pursuant to the procedures outlined in Section 30-19 of this ordinance. to addition to information required by Section 30-19, all such application shall include the following: 1. Plans in triplicate drawn to scale not less than 1' to 100' horizontally showing the location, dimensions, and contours (at 5 foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal. 2 Atypical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and 100-year flood elevation. 3. A profile showing the slope of the bottom of the channel or flow line of the stream. 4. A summary report, prepared by professional engineers or others of demonstrated qualifigtions, evaluating the proposed project in relation to flood heights and velocities; the seriousness of flood damage to the use; and other pertinent technical matters. 5. A list of names and addresses of adjoining Property owners. (B) In acting upon such applications, the planning Commission and the County Board of Supervisors shall consider all relevant factors specfied in other sections of this ordinance and: 8/25/92 ARTICLE 111 3. Extraordinary public expense; 4. Creation of nuisances; 5. Fraud or victimization of the public; or, 6. Conflict with local laws or ordinances. FO District Variances shall only be issued after the Board of Zoning Appeals has determined that the variance will be the minimum relief to any hardship. (C) The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100 year flood elevation (a) increases the risks to life and property, and (b) will result in increased premium rates for flood insurance. A record of the above notification as welt as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the Federal Insurance Administration. Sec. 30-7412 Extsting Structures in Floodplaln Areas (A) A structure or use of a structure or premises which lawfully existing before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions: 1. F~cisting structures and/or uses located in the Floodway shall not be expanded or enlarged (unless the effect of the proposed expansion or enlargement on flood heights is fully offset by acxompanying improvements). 2 Any modification, aReration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of 50 percent or more of its market value, shall be undertaken only in full compliance with the Virginia Uniform Statewide Building Code. SsC.30-7413 Llablltty (A) The degree of flood protection sought by the provisions of this Secction is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris, This Section does not imply that areas outside floodplain areas, or that land uses permitted within such areas, will be free from flooding or flood damages. (B) This ordinance shall not create liability on the part of Roanoke County or arty officers or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision IawFuly made thereunder. . SEC.30-74...30-79 (RESERVED) 8/25/92 ARTICLE N Use Standards-Ag. 4. All farm employee housing shall comply with the setback requirements for a principal structure. Sec. 30-81-4 Forestry Operations (A) General standards: 1. All forestry operations shall comply with all local Erosion and Sediment Control requirements. 2 The following restrictions shall apply to the establishment and operation of a temporary sawmill: a A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels. b. A special use permit shall be required from the Board of Supervisors, in accordance with Section 30-19, for periods in excess of 6 months. c. A temporary sawmill shall be located at least 200 feet from any residence located on an adjoining property. d. No processing, milling, finishing or artrficial means of drying green lumber shall be associated with a temporary sawmill. e. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every 60 days. f. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing or drying of green lumber. Sec. 30-81-5 Stables, Prfvats (A) Private stables in AR, AV, and R-1 districts shall comply with the following requirements: 1. Minimum lot size: 2 acres. 2 On lots of less than five acres, no more than one stable animal per acre shall be permitted. 3. Stables and corrals shall comply with all the setback requirements for accessory buildings. 4. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. Sec. 30-81-6 Stable, Commercial (A) Generel standards: 1. Minimum lot size: 5 acres. 2 Minimum setback for stables and riding arenas: 50 feet from all property lines. 3. Accessory tack shops not exceeding 1,000 square feet are permitted in conjunction with commercial stables, 8/25/92 ARTICLE N Use Standards-Res. 7. Health Department approval of sewage disposal shall be submitted prior to issuance of a building (C) Additional standards in the AGE and AG-1 districts: An accessory apartment may be permitted in a building other than the principal building provided: a The parcel contains a minimum of three (3) acres. b. The building in which it is located complies with all setback requirements for a principal building. (D) General Standards in the C-1 district, independent of the General standards above: 1. The accessory apartment shall be allowed only in the same structure as, and in conjunction with, an associated civic, office or commercial use type. 2 The civic, office or commercial use type must occupy at least 50 percent of the gross floor area of the structure. Sec. 30-82-2 Home Beauty/Barber Salon (A) Intent -Under certain unique circumstances asmall-scaled beauty and/or barber shops may be an appropriate use within a residential dwelling. The standards and procedure for establishing such uses are intended to limit the scope and nature of such uses and insure capability with the adjoining properties. (B) In the AR district and in all Residential Districts the following standards shall apply, in addition to obtaining a special use permit from the Board of Supervisors pursuant to Section 30-19: 1. The applicant shall submit documentation that an infirmity exists which prevents either the salon operator or a permanent occupant of the dwelling unit from regularly leaving the dwelling to pursue gainful employment. 2. The salon shall be limited to one chair only. 3. The retail sale of beauty and barber supplies shall be prohibited. 4. The special use permit shall be granted for a period of one year and may be renewed administratively for successive one year periods provided the Administrator has not received written complaints from adjoining residents. (C) In the AV, C-1 and C-2 districts a home beauty/barber salon shall be limited to no more than two chairs. Sea 30.82-3 Home Occupations, Type 1 and Type II (A) Intent -These provisions are adopted in reoognitiort that certain small-scaled commercial activities may be appropriate accessory uses within residential dwellings. The character and scale of such commeraal aciviNes must be subordinate and incidental to the principal use of the premises for dwelling purposes, and must be consistent with the predominant residential character of the property and/or surrounding neighborhood In addition, these provisions are intended to limit the size of such home occupations so as to not create an unfair competitive advantage over businesses located in commercially zoned areas. 8/2S/92 ~1~ ARTICLE N 5. The sale of goods or products Use Standards-Res. on the premises, or providing services which involve the one week period. Baby sitting for 5 or less children shall be permitted. 6. Lessons in the applied arts shalt be permitted, provided the class size for any lesson does not excx3ed 5 students at any one time and shall not exceed 10 students in any one week period. 7. No sign may be placid on the property advertising the home occupation. 8. No advertising through local media, including telephone books, and flyers shall call attention to the residential address of the home occupation. (~) Addition standards for all Type II home occupations: 1. The maximum floor area permitted for a home occupation shall be 25 percent of the finished floor area of the dwelling unit. Storage of goods or products shall not exceed 10 percent of the finished floor area 2 One person who is not a permanent resident of the dwelling may be engaged or employed in the home occupation. 3. An accessory building or structure may be used with the home occupation, provided that the total floor area devoted to the home occupation in the accessory structure and dwelling unit does not exceed 25 percent of the finished floor area of the dwelling unit. 4. Lessons in the applied arts shall be permitted, provided the class size for any lesson does not exceed 5 students at any one time and shall not exceed 10 students in any one week period. 5. One non-illuminated sign, a maximum of 2 square feet in area, shall be permitted per dwelling, regardless of the number of home occupations within the dwelling. Any sign must conform with the provisions of Section 30-93 of the Zoning Ordinance. Sec. 30-82-4 Kennel, Private (A) General standards: 1. Minimum lot size: 1 acre. 2 A private kennel shall be permitted only when accessory to a single family dwelling. 3. Exterior runs, pens and other confined areas designed to house 4 or more animals shall be set back at least 25 feet from any property line. For the purposes of this section, perimeter fencing of a yard shall not be considered a confined area Sec- 30.82-5 Manufactured Homes, A~sory (A) Intent -These regulations are adopted in recognition that certain families would benefit from living arrangements that allowed family members to reside in dose pro~dmity to each other but in separate dwelling units on the same lot. Also recognized in these provisions is the need for affordable housing alternatives for farm employees on bona-fide farm operations. (B) General standards: 8/25/92 sus ARTICLE N Use Standards-Res. the County's intent to issue a permit for the accessory mara~Ctured home. All shall be ff an objection is filed, it shall be considered an appeal of the decision of the Administrator, and shall be considered by the Board of Zoning Appeals. The person filing the appeal shall be respor-sible for all required application and legal ad costs. 5. If no interested party objects within fifteen days of the date of the notice to the adjacent property owners, the administrator may approve the accessory manufactured home permit. Sec. 30-82-6 Manufactured Home, Claas A (A) Intent -Manufactured homes provide a viable and affordable housing option for a segment of the County's population. This housing option is provided under certain design criteria in large portions of the County where they will not conflict with developments planned for site built dwellings. (B) General standards: 1. The kxation of a Class A manufactured home in a planned residential subdivision, as defined in Article II of this ordinance, shall be prohibited. 2 The manufactured home shall have the tow assembly and wheels removed and be mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Statewide Building Code. 3. The manufactured home shall have a minimum width of 23 feet. 4. The manufactured home shall be covered with anon-rrefiective material customarily used on asite- built dwelling, such as but not limited to lap siding, plywood, brick, stone, or stucco. 5. The manufactured home shall have a 25' in 12' minimum pitch roof. The roof shall be covered with non-reflective materials, such as but not limited to, fiberglass shingles, asphalt shingles, or wood shakes. 6. The manufactured home site shall have a storage area enclosed on all sides, having at least 300 cubic feet and designed to store yard equipment and supplies; the storage area may be attached or detached from the principal structure. 7. The manufactured home shall be declared a permanently-affbced dwelling and taxed as real estate. Sec. 30-82-T Manufactured Home, Class C (A) Intent -The County recognizes that the Manufactured Home Construction and Safety Standards, established by the U.S. Department of Housing and Urban Development are quality standards that assure a safe and decent unit for living purposes. Prior to July 1, 1976 no equivalent standards eoasted and therefore pose a potential risk to human life. (g) General standards: 1. No new Class C manufactured homes shall be enacted, installed, occupied or sold in Roanoke County. 2 Class C manufactured homes existing in the County prior to March 25, 1986, shall be allowed to be relocated and/or remain in a mobile home park. 8/25/92 ARTICLE N 5. 62~ Use Standards-Res. A Ty C buffer ard, as defined in Section-30-92 of this orc shall be located within any portion of a required buffer yard. (B) Minimum lot requirements: 1. Minimum area for each lot: 4,000 square feet, which shall be clearly marked on the ground by permanent flush stakes. 2 Minimum width for each lot: 40 feet. (C) Minimum setback requirements: 1. Front yard, from any interior driveway or street: 20 feet. 2 Front yard, from any perimeter driveway or street: 30 feet. 3. From side of lot: 5 feet. 4. From rear of lot: 10 feet. 5. From any other manufactured home: 26 feet. 6. Accessory buildings: Behind front face of manufactured home based on the front yard; AND, 3 feet from any boundary of lot. (D) Additional lot improvements: 1. Each manufactured home lot shall have a pad constructed for the placement of a manufactured home in full compliance with the area, krt, and setback requirements of this Section. 2. All manufactured homes shall be anchored to the pad in accordance with the provisions of the Virginia Uniform Statewide Building Code, 3. Each manufactured home shall be skirted with a durable material. (!7 Outdoor Living Areas and Storage FacUities: 1. A private outdoor living and service area shall be provided. These outdoor areas shall meet the following: a Contain at least 300 square feet; b. Contain a hard surface patio of at least 100 square feet, unless the lot exceeds 8,000 square feet; and, c. Assure reasonable privacy a~ v~ual appeal through the use of walls, fends, and/or plantings around the perimeter of this area 2. Each nlanufat~tued home lot shall be provided with a minimum of 300 cubic feet of storage area. This shall be accomplished by one of the following: 8/25!92 ~~ AR'11CLE N Use Standards-Res. _ 2 The private street system shall provide convenient circulation by means of minor streets (serving --__ - - home lots). Street widths shall be as foikyws: a Collector streets with parking on both sides: 36 feet wide. b. Collector streets with no parking: 30 feet wide. c. Minor streets with parking on one side: 28 feet wide. d. Minor streets with no parking: 20 feet wide. e. One way minor streets with no parking: minimum of 11 feet wide. 3. Cul-de-sacs on private streets shall have a minimum diameter of 80 feet. 4. The maximum gradient shall be 12 percent for private collector streets, and 16 percent for private minor streets. 5. Manufactured home lots not served by a public or private street may be served by a walkway, trail or bikeway, provided such pathway serves the front, rear, or side of the manufactured home lot. Each pathway shall be constructed of a hard-surtace, or gravel material, and shall have a mirmnum width of three feet. (~ Parking: 1 • Each manufactured home lot shall have the equivalent of two parking spaces. At least one of these spaces shall be provided on the manufactured home lot, unless the lot is accessed by a pathway as provided in Secxion 30-82-9 (F~. 2 AN other parking spaces shall be: a Provided within 150 feet of the manufactured home to be served; b. Looted within a common parking area; AND, c. Designed and constructed to meet County standards. a Parking spaces shall be provided for the management office, and other community facilities to serve the cornenience and needs of the residents. 4. Additional parking spaces, not required by this Section may be provided along certain private streets where adequate width is provided, as specified above. (~ Ut~tties: 1 • AA new utility lines within the park shall be placed underground 2- ff public water is not available to serve the park, a community water system, meeting the County's water standards, shall be provided. Individual water meters shall be provided to each manufactured home lot, 3. If septic systems are used, the drain field shall be logted within the perimeter of the park. 8/25/92 ARTICLE N ~2 ~ Use Standards-Res. 4. Additlonal setbacks in the form of a buffer yard shall be required in accordance with Section30-92 y 5. Each muifi-family building shall be separated by 40 feet between facing living anus. This separation may be reduced to 20 feet when both muld~amity buildings contain windowless walls. 6. Where buildings are placed at right angles (90 degrees) to one another and both interior walls are windowless, the minimum separation of buildings shall be 20 feet. 7. Standards for open space and recreational areas required below: a Shall be in addition to any buffer yard required under Section 30-92 of this ordinance; b. Shall be in addition to and not be k~caued in any required front, side or rear yard setback; c. Shall have a horizontal dimension of at least 50 feet, except that areas with a horizontal distance of not less than 20 feet shall be counted as open space provided such areas contain factilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc.; d. Shall not include proposed street right-of-ways, open parking areas, driveways, or sites reserved for other specfic uses; and, e. Shall be of an appropriate nature and location to serve the residents of the multi-family developmer>t. (~ Additional standards in the AV district: 1. Minimum lot size: 20,000 square feet for the first dwelling unit, plus 5,000 square feet for each additional unit. 2 When adjoining a lot containing a single family dwelling, a Type C buffer yard as descxibed in Section 30-92 shalt be provided. (D) Additional standards in the R~ district: 1. Minimum lot size: 7,200 square feet for the first dwelling unit, plus 3,630 square feet for each additional unit. 2 Maximum density: 12 dwelling units per acre. 3. The property shall be served by public sewer and water, 4. o fCorntnon open space and recreational areas ~~: 5 percera of the total lot area for parcels acres, and 10 percent for parcels over 5 acres, No open space is required for panels under 2 acres. (b7 Additional standards in the R~ district: 1. Minimum lot size: 7,200 square feet for the first dwelling unit, plus 1,815 square feet for each additlonal unit. 2 Maximum density: 24 dwelling units per acre. 8/28/92 s27 ART1CtF N 8. A copy of the plat approved by the subdivision agent of the that the affected lots have been approved for zero lot line dwellings. Sec. 30-82-13 Single Family, Attached Use Standards-Res. shall be submitted to the T~~St =mars (A) Intent -The following provisions are intended to offer greater flexibility in providing a variety of housing options to meet the changing demands and needs of the public. The standards below are intended to accommodate new developmerns of attached single family dwellings, as well as to allow attached single family dwellings as in-fill developmern on scattered sites in existing residernial areas. (B) General standards within a common development containing three or more acres: 1. The minimum lot size, frornage and front and rear yard setbacks required in the District Regulations may be reduced up to 20 percent, provided: a The lot is an interior lot and does not adjoin a lot outside of the common developmern designated for attached single family dwellings; OR, b. The lot adjoins a Type C or greater buffer yard; OR, c. The lot adjoins land zoned as commercial or industrial. 2 Minimum side yard opposite the common lot line between two attached dwellings: 10 feet. 3. A copy of the plat approved by the subdivision agent of the County shall be submitted to the Administrator. The Administrator shall make the appropriate notation on the official zoning map that the affected lots have been approved for attached dwellings. (C) General standards on existing lots or in new developments cornaining less than three acres: 1. Minimum side yard opposite the common lot line between two attached dwellings: 10 feet. Sec. 30-82-14 Townhouses (A) Intern - It is the irnern of this section that townhouses be allowed in areas where they are or may be appropriately intermingled with other compatible types of housing. The purpose of the following design standards is to ensure the efficient, economical, comfortable and convenient use of land and open space and serve the public purposes of zoning by providing an attemative to convernional anangemerns of yards and buildable areas. (B) General standards: 1. Aq townhouse developer shall be served by public sewer and water. 2 The fagdes of townhouses in a group shall be varied by changed fnortt yards and variations in design so that no more than four abutting townhouses will have the same front yard setback and the same or essentially the same architectural treatment of facades and roof lines. 3. The minimum separation between any building containing a group of five or more townhouse units shall be 40 feet from arty other townhouse building. The minimum separation between any 8/25/92 AR11ClF N ~ ~ ~ ~" Use Standards-Res. 3. Front yard setbacks for each roue of townhouse units: an avers a of 15 feet, and not be less street right-of-way shall be permitted within the required front yard area 4• Aside yard setback of 15 feet shall be provided for each end residence in any group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be 10 feet. 5. Minimum rear yard setback: 25 feet. 6. Minimum lot size for individual townhouse lots: 2,000 square feet for irrterior lots and 2,500 square feet for end lots. 7. Minimum width for individual townhouse lots: 18 feet, measured from center of wall to center of wail or outside end wall. 8. Maximum number in a group or block of townhouses: 10 townhouse units. 9. Maximum coverage for townhouse developments: a. Building coverage: 35 percent b. Lot coverage: 60 percent (~ Addtional standards in the R~ district: 1. Maximum gross density: 12 townhouse units per acre. Z. Minimum parcel size: 7,200 square feet for the first dwelling unit, plus 3,630 square feet for each additional unit. 3. Front yard setbacks for each group of townhouse units: an average of 15 feet, and not be less than 10 feet for any individual townhouse unit. No common parking area, common driveway or street right-of-way shall be permitted within the required front yard area. 4• Aside yard setback of 15 feet shall be provided for each end residence in arty group of townhouses adjoining a property boundary of the development. Where a group of townhouses adjoin a private drive or parking area or walkway intended for the common use of townhouse occupants, the side yard setback shall be 10 feet. 5. Minimum rear yard setback: 25 feet. 6. Minimum lot size for individual townhouse lots: 1,800 square feet for interior lots and 2,3pp sq~ feet for end tots. 7. Minimum width for individual townhouse lots: 18 feet, measured from center of wall to center of wall or outside end wall. 8• Maximum number in a group or block of townhouses: 10 townhouse units. 9. Maximum coverage for townhouse developments: 8/25/92 U .~ ARTICLE IV Use Standards-Civic Sec. 30-83-1 Cemetery (A) General standards: 1. Minimum parcel size: 10 acres: 2. No interment shall occur within 25 feet of the property line. Sec. 30-83-2 Clubs (A) In the AV district, when a club adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. Sec. 30-83-3 Community Recreation (A) General standards: Any outdoor activity area, swimming pool, or ball field or court which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. Sec. 30-83-4 Day Care Center (A) General standards: All Day Care Centers shall comply with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services, as may be amended, unless specifically exempt from those Minimum Standards. 2 A Business License or certrficate of zoning compliance to operate a Day Care Center shall be approved provided that a license to operate a Day Care Center from the Virginia Department of Social Services is approved prior to beginning operation of the Center. Failure to maintain a valid license approved by the Virginia Department of Social Services shall be considered a violation of this ordinance. Sec. 30-83-5 Educational Facilities (A) General standards: 1. Any outdoor activity area, ball field or court, or stadium which adjoins a residential use type shall be landscaped with one row of small evergreen trees in accordance with Section 30-92 along the property line adjoining the residential use type. Where night-time lighting of such areas is proposed large evergreen trees shall be required. 2 Any area constructed in conjunction with an educational facility intended for the overnight storage of school buses which adjoins a residential use type shall provide Type C buffer yard as specified in Section 30-92 of this ordinance. (B) In the AR district, the maximum building coverage shall be 20 percent and the maximum lot coverage 50 percent of the total lot area Sec. 30-83-6 Family Day Care Nome 8/25/92 X33 ~ AR11ClE N Use Standards-Civic (A) General standards: 1. In considering an application for a special use permit, the Planning Commission and Board of Supervisors shalt consider the justfication for the location of the proposed utility service and any aftemative locations which may be available. 2. The minimum lot size may be reduced as part of approval of the special use permit provided all setback and yard requirements are met and all other dimensional requirements are achieved. 3. The height limitation contained in each district may be increased as part of the approval of the special use permit, subject to any other height limitation contained in the Section 30-72 and 30-73 of this ordinance. 4. No major utility service shall be located within 100 feet of an existing residence. 5. Except in the I-1 and I-2 districts, outdoor storage of materials and equipment, except during construction of the utility facility, shaft be prohibited in association with a major utility service, unless specifically requested and approved as part of the special use permit. In the I-1 and I-2 districts outdoor storage areas shall comply with the screening provisions contained in Section 30-92-4 (E). 6. Buildings and facilities shall be designed and constructed to be compatible with the surrounding area, so that these facilities or structures will not adversely affect nearby properties. 7. Except in the I-1 and I-2 districts, Type E screening and buffering consistent with Section 30-92 of this Ordinance shall be required, unless specifically modified as a part of the approved special use permit. 8. All sewer and water utility services shall be publicly owned and operated by a government agency unless otherwise recommended by the Director of the Utility Department and approved by the Board of Supervisors. 9. Sewer and water utility services shall be designed with a service area and capacity consistent with the purposes of the respective zoning district and the recommendations of the Comprehensive Plan. SEC. 30-84 OFFICE USES Sec. 30-84-1 GeneralOfflce (A) In the AV and NC districts, when a general office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. Sec. 30-84-2 Medical Office (A) In the AV and NC districts, when a medical office use adjoins a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. Sec. 30-84-3 Financiallnstitutions 8/25!92 6 3 5 ~~ ARTICLE N Use Standards-Com. a The area devoted to such services do not exceed 20 percent of the gross floor area b. The repair facilities are at least 150 feet from any adjoining residential district. c. Any spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department. d. Any vehicle awaiting body repair or painting, or is missing major mechanical or body parts, or has been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-85-4 Automobile Dealership, Used (A) General standards: 1. Outdoor display areas in conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required in Public Street and Parkins Design Standards and Specifications. 2 A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 301inear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92. 3. The storage and/or display of motor vehicles in the planting strip required above shall be prohibited. 4. Exterior display or storage of new or used automobile parts is prohibited. 5. Any vehicle which is missing major mechanical or body parts or have been substantially damaged shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-85-5 Automobile Repair Services, Major (A) General standards: 1. All vehicles stored on the premises in excess of 72 hours shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least 100 feet from arty adjoining residential district. 2. Body and fender repair services shall be subject to the following: a The repair facilities are at least 150 feet from arty adjoining residential district b• Arty spray painting takes place within a structure designed for that purpose and approved by the Roanoke County Fire and Rescue Department 3. Exterior display or storage of new or used automobile parts is prohibited. Sec. 30-85-6 Automobile Repair Services, Minor 8/25/92 ARTICLE N U~ Use Standards-Com. 7. Health Department approval for sewage disposal, water supply and kitchen facilities shall be -- - - ---- "'"'" zornmplfance 8. The site shall front directly on and have direct access to a publicly owned and maintained street. Sec. 30-85-9 Campground (A) General standards: 1. The minimum area for a campground shalt be 10 contiguous acres. 2 Each campsite shall be set back a minimum distance of 50 feet from the perimeter property line of the campground. 3. The maximum density shall be 14 sites per gross acre. Each campsite designed for recreational vehicles shall have a minimum space of 2,000 square feet with a minimum width of 30 feet. Areas devoted solely for tent camping shall provide at least 400 square feet per campsite. 4. Vacation cottages may be constructed within a campground provided that a minimum land area of 4,000 square feet is designated solely for the first dwelling unit in a cottage, with an additional 2,000 square feet of land area provided for each additional dwelling unit within the cottage. The maximum floor area of a cottage shall be 30 percent of the site. 5. The primary access road shall be paved with a Category I surface in accordance with the standards contained in the Public Street and Parking Desion Standards and Sgecrfications. Such paving shall extend from the public street right-of-way to the entrance station. Interior roads and access to individual sites shall consist at a minimum of an all weather gravel surface. All interior roads shall be 18 feet minimum width for two-way travel or 10 feet minimum width for one-way travel. No campsite shall have direct access to a public street. 6. One Class A or Class B manufactured home, established pursuant to this ordinance, may be located in a campground as a caretaker's residence. 7. The following uses and activities shall be prohibited at a campground: a. The sale, storage, use or occupancy of arty manufactured home, except as provided above. b. The sale of recreational vehicles and the storage of unoccupied units not in a condition for safe occupancy. 8. Indoor and outdoor recreational facilities are permitted for the exclusive use of campground tenants. At least 15 percent of the campground area shall be developed and impn~ved for recreational uses. In calculating the required area, common walkways and related landscaping may be included provided that such space is at least 20 feet in width. At least half of the required recreation area shall be for active recreation, such as swimming pools, ball fields and play lots for small children. No developed recreational areas shall be located within the required yard setbacks for the district. 9. Retail sales for the cornenience of campground tenants are permitted. Items are limited to food, concessions, recreational supplies, personal care items, and other items clearly supportive of campground tenants' needs. 8/25/92 ~3~ ARTICLE N Use Standards-Com. (C) Additional standards in the AV District: 1. No cornenience store shall exceed 3,000 square feet of gross floor area 2 When adjoining a residential use type, a Type C buffer yard in accordance wfth Section 30-92 shall be provided along the property line which adjoins the residential use type. Sec. 30-85-14 Equipment Sales and Rentals (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such plantings shall other comply with the landscaping requirements contained in Section 30-92 2 The storage and/or display of goods and materials in the planting strip required above shall be prohibited. Sec. 30-85-15 Garden Center (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such plantings shall other comply with the landscaping requirements contained in Section 30-92 2 The storage and/or display of goods and materials in the planting strip required above shall be prohibited. (B) Additional standards in the AV district: 1. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. Sec. 30-85-16 Gasoline Station (A) General standards: 1. Bulk storage of fuel shall be underground pursuant to the standards established by the National Fire Prevention Association (NFPA) and the U.S. Ernironmental Protection Agency (EPA). (B) Additional standards in the AV and NC districts: 1. No more than four stations designed for dispensing fuel shall be located on site. 2 Fuel dispensers shall be located at least 30 feet from any public street right-of-way, and shall be located at least 100 feet from any adjoining residential use type. 3. When adjoining a residential use type, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. 8/25192 s /, ~ r, ~ ARTICLE N Use Standards-Com. a Auctions by tenants, commercial wholesale or retail sales, or miscellaneous or garage sales. b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. c. The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment. d. The establishment of a transfer and storage business. e. The storage of flammable, highly combustible, explosive or hazardous materials shall be prohibited. 7. Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and recreational vehicles only. All outdoor storage areas shall be screened from adjoining properties by a 10 foot landscaped area consisting of small evergreen trees and evergreen shrubs in accordance with Section 30-92. 8. Accommodations for alive-in manager shalt be permitted. Sec. 30-85-20 Manufactured Home Sales (A) General Standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall otherwise comply with the landscaping requirements contained in Section 30-92 2. The storage and/or display of manufactured homes in the planting strip required above shall be prohibited. 3. The storage of manufactured homes on the premises which are not suitable for occupancy shall be prohibited. Sec. 30-85-21 Recreational Vehicle Sales and Service (A) General standards: 1. A 10 foot planting strip shall be provided adjacent to any public street right-of-way. Within this planting strip, one large deciduous, large evergreen or small deciduous tree shall be planted every 30 linear feet. Such planting materials shall othewise comply with the landscaping requirements contained in Section 30-92 2 The storage and/or display of recreational vehicles in the planting strip required above shall be prohibited. 8/25!92 543 ARTICLE IV Use Standards-Ind. a The maximum height of any structure and any additional setback requirements necessary b. Specrfic measures to control dust during the construction and operation of the plant. c. Specrfic levels of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise. Sec. 30-86-2 Constructlon Yards (A) In the I-2 district, all materials stored on the premises overnight shall be placed in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least 100 feet from any adjoining residential district. (B) In the AV district, the following standards shall apply: The maintenance and repair of ail vehicles and equipment shall be conducted within an enclosed building. 2. In considering a special use permit request for a construction yard, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a The provisions for screening of any vehicles, equipment, materials and storage yard, and screening and buffering, in accordance with Section 30-91, of the entire construction yard. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. c. Specrfic measures to control dust on the site. d. Specrfic levels of noise permitted on the site, as measured at adjacent property lines. e. Limit the hours of operation. Sec. 30-86-3 Custom Manufacturing (A) General standards: A custom manufacturing establishment shall meet all the requirements for a principal structure. 2 All activities associated with a custom manufacturing establishment, other than loading and unloading, shall be conducted within an enclosed building. (B) Additional standards in the AGE, AG-1 and AV districts: 1. Maximum square footage for a custom manufacturing establishment: 3,000 square feet. 2 When adjoining a residential use type on an adjoining lot, a Type C buffer yard in accordance with Section 30-92 shall be provided along the property line which adjoins the residential use type. 8/25/92 ~ 4 5 ~, ARTICLE IV Use Standards-Ind. 7. During the operating Irfe of the landfill, an annual environmental audit shall be prepared by a __ -- ~[N 1 fM M 1 Mw..... 11 permit and all other requirements for the operation of the landfill. Any violations shall be reported to the Administrator and shall be made public information. Sec. 30-86-5 Landfill, Rubble (A) General standards: 1 • The material to be landfilled shall be limited only to soil, stone, gravel, and broken concrete, asphalt, brick, and block. 2. The site developmern and operations shall be in accordance with all regulations of the Virginia Department of Waste Managemern, include special conditions of any landfill permit. 3. In considering a special use permit, in addition to the above standards and the general standards contained in Section 30-19 of this ordinance, the Board may consider and set standards for the following: a The surtace materials required for the access road, and length from the public road this surface treatmern is required. b. Specific measures to cornrol dust on the site. c. Specific levels of noise permitted on the site, as measured at adjacent property lines. d. Limit the hours of operation. e. Limitations on the types of materials to be landfilled. f• The frequency at which fill material shall be covered. g. Measures to insure adequate security of the site. Sec. 30-86-6 Landfill, Sanitary (A) General standards: 1. Minimum parcel size: 50 acres. 2 A Type F buffer yard shall be provided in accordance with Section 30-92. 3. The site developmern and operations shall be in accordance with all of the regulations of the Virginia Department of Waste Management, include special conditions of any landfill permit, for sanitary landfills. 4. In addition to the application requiremerns for a special use permit, a Master Plan of the proposed development and use of the site shall be submitted for consideration. This Plan shall specify all physical changes and improvements to the property, areas proposed for landfilling activities including a phasing plan with time frames for the landfilling activities, methods for controlling drainage, run-off and leachate, erosion and sediment control measures to be employed during developmern of the site, an evaluation of the impact of the proposed activity on groundwater 8/25/92 6 ~ ~ ~:~ ARTICLE IV Use Standards-Ind. __ _ 1. No surtace mining or extraction activity shall be conducted within 100 feet of the exterior property -- -- ~~ taco nntcst shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except the minimum necessary for access roads. 2. Access to the site shall be located so that truck traffic does not travel through any planned residential development, and shall otherwise be located to have as little as possible impact on residentially developed areas, 3• Access roads shall be maintained in a dust free manner. All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and roads. 4• Off street parking areas adequate for all employees' vehicles and trucks shall be provided. 5. In addition to the application requirements for a special use permit, a Master Plan of the proposed site shall be submitted for consideration. This Plan shall specify all physical changes or improvements to the property, methods for controlling drainage, run-off, and potential ponding on the site, erosion and sediment control measures to be employed, an evaluation of the impact of the proposed activity on groundwater resources, methods for securing the site from illegal entry, proposed access routes and impacts on public roads, a phasing plan including time frames for the extraction activities, and proposed reclamation and re-use of the site upon completion of the mining or excavation activity. Sec. 30-86.9 Scrap and Salvage Yards (A) General standards: 1. All scrap and salvage materials, and all associated vehicles and equipment stored on the premises overnight shall be placed in a totally enclosed building or in a storage yard. The storage yard shall be fully screened from surrounding views in accordance with Section 30-92, and shall be set back at least 100 feet from any adjoining residential district. Sec. 30-86-10 Transfer Station (A) General standards: 1. The sfte development and operation shall be in accordance with all of the regulations of the Virginia Department of Waste Management, including special conditions, for a transfer station. 2. No land development activities shall be undertaken until the appropriate permits are approved by the Virginia Department of Waste Management. SEC. 30-87 MISCELLANEOUS USES Sec. 30-87-1 Avlatton Facilities, Prhrate (A) General standards: 1 • Written approval shall be obtained from the State Department of Aviation, and when located within 5 miles of any commercial airport, written approval from the Federal Aviation Administration. 8/25/92 ~:. X49 ARTICLE IV a Adequate provisions for sanitation provided. Use Standards-Misc. b. The sponsors shall provide for adequate medical facilities, fire protection and security of the site. c. Adequate on-site parking shall be provided for all employees and patrons of the gathering. The parking layout shall be determined in advance of the festival, adequately marked on the site and shall be supervised during the festival in such a manner as to provide safe and cornenient access to all patrons and employees, and to accommodate emergency service vehicles. d. Adequate off-site circulation and traffic controls to provide safe ingress and egress to the gathering without burdening the existing road network or substantially disrupting the normal flow of traffic. e. Any lighting installed for the gathering shall be directed away from adjoining properties and public rights-of-way, and shall not exceed one foot candle measured at the property boundary of the site. f. The level of any music and other noise created by the gathering shall be directed away from any adjoining residence and may be specifically limited by the Board of Supervisors. Sec. 30-87-4 Parking Facilities (A) General standards: 1. Surtace parking facilities containing 25 or more spaces shall include landscaped medians, peninsulas or planner islands. Such landscaped areas shall constitute no less than 10 percent of the total paved area They shall be planned, designed and located to channel traffic flow, facilitate stormwater management, and define and separate parking areas and aisles. Each landscaped area shall be planted with a deciduous tree with a minimum caliper of one inch at the time of planting in accordance with Section 30-92 Sec. 30-87-5 Shooting Ranges, Outdoor (A) General standards: 1. The site or area used as a shooting range or match shall be fenced, posted every 50 feet or otherwise restricted so that access to the site is controlled to insure the safety of patrons, spectators and the public at large. 2 The Police Chief of Roanoke County shag review and approve the design and layout of any shooting range or match as to its safety to patrons of the range as well as surrounding property owners. As a general guide line, the following distances shall be maintained unless modified in writing by the County Police Chief: a. The minimum distance from any firing point measured in the direction of fire to the nearest property line shall not be less than 300 feet; b• Where a backstop is utilized to absorb the discharged load, the minimum distance may be 200 feet; and, 8/25/92 5 ~ ~. AR11Cl.E IV Accessory Uses __ 3~- Food services operated incidental to the rind al use and o ed rimari for the convenience - - - _ dining halls. , 4• Convenience commercial facilities clearly incidental to the principal use and operated primarily for the convenience of employees, residents, and users of the principal use. Typical examples indude museum gift shops, college bookstores, or snack bars clearly incidental to the principal use. 5• Other uses and activities necessarily and customarily associated with purpose and function of civic use types, as determined by the Administrator. Sec. 30-88.4 Accessory Uses; Office Use Types (A) Office use types may include the following accessory uses, activities or structures on the same site or lot: 1. Parking for the principal use. 2. Recreational facilities available only to the employees of the office use type. 3. Day care facilities available only to the employees of the office use type. 4. Other uses and activities necessarily and customarily associated with purpose and function of office use tYP~, as determined by the Administrator. 5. One accessory dwelling unit occupied by employees responsible for the security of the use. Sec, 30-88-5 Accessory Uses; Commercial Use Types (A) Commercial use types may include the following accessory uses, activities or structures on the same site or tor. 1. Parking for the principal use, 2 Accessory storage buildings or areas. 3. One accessory dwelling unit occupied by employees responsible for the security of the use. 4. Other uses and activities necessarily and customari commerdal use IY associated with purpose and function of types, as determined by the Administrator. Sec. 30-88.g Accessory Uses: Industrial Uss Types (A) Industrial use types may include the following accessory uses, acxivities or structures on the same site or lot: t. Parking for the principal use. 2 Recreational facilities available only to the employees of the industrial use type. 3. Day care facilities available only to the employees of the industrial use type. 8/25/92 Article V 1. ~5~ y Site Plans Location of the lot or parcel by vicinity map. Site development plans shall also contain a north eQ ~.,. 2 Property lines of the parcel proposed for development, including the distances and bearings of these lines. ff only a portion of a parcel is proposes for development, a limits of development line shall also be shown. 8. The name and address of the property owner and or developer of the site, ff different than the owner. The name and address of the person or firm preparing the plan. 4• The tax parcel number(s) of parcels proposed for development and depicted on the site development plan. 5. The name of adjacent property owners and the owners of a drainage easement may be required in conjunction with the development Tax1parcel numbers for each of these properties shall also be provided. 6• The nature of the land use(s) proposed for the site. 7. The zoning district designation of the parcel(s) proposed for development, and the zoning designation and current land use of adjacent parcels. 8. The names, route numbers and locations of existing and proposed public or private streets, alleys and easements on or adjacent to the site. The center lines or boundary of adjacent rights-of-way shall also be shown. 9. The location, type, and size of site access points such as driveways, curb openings, and crossovers. Sight distances at these access points shall be provided. If existing median cuts will serve the site they shall be shown. If new median cuts are proposed, their location shall also be shown. 10. All proffers accepted pursuant to Section 30-15 shall be shown on the plan. 11. Off-street parking areas and parking spaces including handicapped spaces, loading spaces, and walkways indicating type of surtacing, size, angle of stalls, width of aisles, and a speck schedule showing the number of spaces provided and the number required by this ordinance. 12 The exact location of buildings or structures existing on or proposed for the site, including their setbacks from property lines, and the distance between buildings or structures. Lot and building coverages shall be provided. 13. The number of stories, floor area, and building height of each building proposed. If more than one land use is proposed, the floor area of each land use shall be provided. Floor area shall be cak.~ulated on the basis of parking required for the use(s). 14. For residential devek~pmen~, the type of dwelling unit shall be stated along with the number of units proposed, Where necessary for determining the number of required parking spaces, the number of bedrooms in each unit shall also be provided. 15. Reserved. 16. The location of proposed or required fire lanes and signs. 8/25/92 Article V ~ ~ ~ ~, Site Plans Sec. 30.90-3 Administrative procedures and Requirements. (A) The Director of Engineering and Inspections shall have the administrative authority to establish County procedures for site development plan review and approval. No procedure so established shall set a lesser standard than is legislated in this ordinance. (B) The Director of Engineering and Inspections shall coordinate the County review of plan submitted in accord with County administrative procedures, and shall have the authority to ~equest opinions or decisions from other County departments, agencies or authorities of the Commonwealth of Virginia, or from other persons as may from time to time be consulted. (C) A minimum of six complete sets of site development plans shall be submitted for review. A re+riew fee shall be required for any site development plan submitted. The Director of Engineering and Inspections shall establish procedures for the collection of these fees. (D) The County shall review, and approve or disapprove any site development plan submitted for its review within 45 days of the filing of the plan with the Director of Engineering and Inspections. If an unapproved site development plan is returned to the applicant or other agent of the ro due to lack of required information on the plan, or because the design or standards Fo I~ owner, site development plan do not meet the provisions of this ordinance or other applicab et County standards, the forty-five day time period shall begin again with the resubmittal of the plan to the County. (E~ Reserved. (F) Approval of a site development plan pursuant to the provisions of this ordinance shall expire five years from the date of approval in accordance with Section 15.1-475 of the Code of Virginia, as amended, unless building and/or zoning pemtits have been obtained for the development. (G) No building or zoning permit shaft be issued by any County official for any building, structure or use depicted on a required site development plan, until such time as the plan is approved by the County. (I-~ Reserved. (I) No change, revision, or erasure shall be made on any pending or approved site development plan, nor on any accompanying data sheet where approval has been endorsed on the plan or sheets, unless authorization for such changes is granted in writing by the Director of Engineering and Ins The Director shall consult with all applicable departments or agencies prior to a pections. pproving the change. Sec. 30-90-4 Mlnlmum Standards and Improvements Required (A) Any improvement required by this ordinance, or any other ordinance of Roanoke Cou mulled ~ the cost of the developer unless other agreements have been reached between I the developer, the County, the Virginia Department of Transportation, and/or any other governmental agency. (B) Prior to the approval of a site development plan the applicant shall execute an agreement to oorutruct required or proposed improvements located within public rights-of-way or easements or improvement connected to any public facUity. The applicant shall also file a pertormance ~ such surety acceptable to the County in the amount of the estimated cost of the improvemelusWen percent contingency, as determined by the Director of Engineering and Inspections. me owners ~°~~~ guarantee shall not be released until the construction has been inspected and accepted by the County and the Virginia Department of Transportation, as applicable. 8/25/92 65 ~ Article V 2 Parking Such required spaces are within 500 feet walking distance of a building entrance or use and such ~;+V-~IYL ICi.II.11[H-27RYffN II~M IN- i ~ 1 ~fiar hln~yygY 3. Contiguous lots providing off-street parking for more than one use shall provide sufficient spaces to comply with the parking requirements for all usages. (D) Off-street parking shall be provided for any new building constructed; for new uses or conversions of existing, conforming buildings; or for enlargements of existing structures. (E~ For enlargements of existing structures or uses which do not conform to these regulations, required parking must squat the sum of those spaces famished by the use prior to the enlargement and the number of spaces required by these regulations for any additional use area Sec. 30.91-3 Spaces for Disabled Parking (A) Generally, the number of non-residential parking spaces reserved for the disabled shall comply with the following table. For additional information, refer to the Viroinia Uniform Statewide Building Code Section 51200. Total Off-street Parking Required 1 to 25 26 to 50 51 to 75 76 to 100 101 t0 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1,000 1,001 and over Parking for Disabled Required 1 2 3 4 5 6 7 8 9 2 percent of total 20 plus 1 for each 100 over 1,000 (B) All spaces for disabled parking shall have minimum dimensions of 13 feet by 20 feet. (C) Spaces for disabled parking shall be the closest to a building entrance for which they are provided, and shall be connected thereto by a paved surtace with no less than 5 feet of unobstructed width, At no point shall the gradient exceed one foot rise or fall in 20 feet, except in the case of ramps which shall canply with the Vir inia Uniform Statewide Building Code Sec. 30-91-4 Permitted Locations (A) Off~treet parking spaces that are located on the ground and o required yard unless otherwise required for screening, buffering, ~ so thus or ~ be located in any Courtly Code. ~P 9 provisions in the (B) Parktng structures and carports shall be subject to the minimum yard and setback requirements applicable in the zoning district in which the structure is located. Sec. 30-91-5 Access 8/25/92 Article V ~ 5 9 Parking ____ (C) Compact Vehicle Parking will be permitted under the following criteria: 1. Compact spaces shall be located in groups of five or more corniguous spaces, be appropriately identified by markings and be located in a manner affording the same convenience as standard spaces. 2. Dimensions for compact space are set forth in Section 207.08 of the Public Street and Parkins Design Standards and S ecifications. 3. If the total parking requiremern is 20 to 100 spaces, 25 percern of the spaces may be designated for smalUcompact car use. 4. If the total parking requiremern is more than 100 spaces, 30 percern of the spaces may be designated for smalUcompact car use. Sec. 30-91-8 General Criteria for Determining Parking (A) When a building includes a combination of uses as set forth in this Section, the required parking will be the sum of the required parking for each use. (B) Where the parking requiremern for a particular use is not defined in this Section, and where no similar use is listed, the Administrator shall determine the number of spaces to be provided based on requirements for similar uses, location of the proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the Board of Zoning Appeals. (C) All references to square feet (sq. ft.) in the parking requiremerns below shall mean the square feet of gross floor area, unless specifically stated otherwise. (D) All reference to maximum occupancy shall mean the maximum occupancy as determined pursuant to Section 806.0 of the Vir inia Uniform Statewide Building Cody, (~ Where a fractional space results during calculation of required parking, the required number of parking spaces shall be construed to be the next highest whole number. Sec. 30-91-9 Mlr>fmum Parking Required USE TYPE PARKING REQUIRED (A) Agricultural and Forestry Use Tyncc Agriculture No requiremern Commercial Feedlots No requirement Farm Employee Housing 2 spaces per dwelling unit Forestry Operations No requirement USE TYPE PARKING REQUIRED Stable, Private No requirement 8/25/92 6s1 ~ Article V vehicle based at Parking cemetery See Schedule B Clubs 1 space per 3 persons based on maximum occupancy Community Recreation See Schedule B Correction Facilities See Schedule B Crisis Center 1 space per 2 persons of residential capacity Guttural Services 1 space per 300 square feet Day Care Center 1 s pace per employee on major shift, plus 1 spaces per 20 students, plus 1 space for each vehicle associated with facility Educational Facilities, College/University See Schedule B Educational Facilities, Primary/Secondary See Schedule B, but no less than one space per employee on major shift, plus 1 space per each 4 students in 11th and 12th grades Family Day Care Home 1 space per non-resident employee Guidance Services 1 space per 250 sq. ft. Halfway House 1 space per 2 persons of residential capacity Home for Adults 1 space per 3 residents, plus 1 space for each employee on major shift Life Care Facility See Schedule B Nursing Home 1 space per 3 residents, plus 1 space for each employee on major shift Park And Ride Facility No requirement Post Office See Schedule A Public Assembly 1 space per 4 seats or similar accommodatio ns provided USE TYPE PARKING REQUIRED Public Mairrtenance And See Schedule A Service Facilities Public Parks And See Schedule B Recreational Areas 8/25/92 Article V ~s3 Parking _ Campgrounds 1 space at each campsite, plus spaces required Car Wash 1 s ace p per employee on major shift, plus required stacking spaces Clinic 3 spaces per examination or treatment room, plus 1 space per employee on major shift including doctors Commercial Indoor Amusement 1 space per 3 persons based on maximum occupancy load Commercial Indoor Entertainment 1 space per 4 seats or similar accommodations, plus 1 space per two employees on major shift Commercial Indoor Sports And Recreation Bowling alley 4 s aces er alle P P y, plus 1 space per employee on major shift Swimming Pool 1 space per 100 sq, ft. of water surtace Tennis and Other Court Games 4 spaces per court Other indoor sports 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Commercial Outdoor Entertainment 1 space per 3 persons based on maximum occupancy load, plus one space per employee on major shift Commercial Outdoor Sports And Recreation Miniature Goff 1.5 spaces per hole Swimming Pool 1 space per 100 sq, ft. of water surtace Tennis and Other Court Games 4 spaces per court USE TYPE PARKING REQUIRED Commercial Outdoor Sports And Recreation (cont.) Other outdoor sports 1 space per 3 persons based on maximum ~uP~cy load, plus one space per employee on major shift Communications Services 1 space per 300 square feet, plus 1 space per company vehicle 8/25/92 Article V Recreational Vehicle Sales See Schedule A 6 6 5 ~- Parking Restaurarn, General Restaurarn, Family Restaurant, Drne-in Or Fast Food With seats Without seats Retail Sales Shopping cerner Furniture, Carpet, and Appliances All others Studio, Fine Arts Surplus Sales Truck Stop Veterinary HospitaUClinic USE TYPE (F) Industrial Use Tvpes Asphalt Plarn C~ction Yards Custom Manufacxuring Industry, Type I Industry, Type II 1 space per 4 seats, plus 1 space per two employees on major shift; or, with night-time entertainmern or non-fixed seating, 1 space per 3 persons based on maximum occupancy load t space per 4 seats, plus 1 space per two employees on major shift 1 space per 4 seats, plus 1 space per 4 employees on major shift, plus required stacking space 1 space per 60 sq, ft., plus required stacking space 4.4 spaces per 1,000 sq. ft. 1 space per 500 sq. ft. 1 space per 200 sq, ft. See Schedule B 1 space per 100 sq. ft. of sales area accessible to the public See Schedule B 1 space per 300 sq. ft. PARKING REQUIRED See Schedule B See Schedule A See Schedule A See Schedule A See Schedule A 8/25/92 Article V Outdoor Sales, Display or Service Area or Manufacturing Indoor or Outdoor Storage or Warehousing 1 space per 2,000 sq. ft. ss~ ~ Parking 1 space per 1,000 sq, ft. 1 space per 5,000 sq. ft. Schedule B Specific requirements shall be determined by the Administrator based on requirements for similar uses, location of proposed use, expected demand and traffic generated by the proposed use, and appropriate traffic engineering and planning criteria and information. Determination of requirements may be appealed to the Board of Zoning Appeals. Sec. 30.91-10 Stacking Spaces and Drtve-Through Factlfttes (A) Stacking spaces shall be provided for any use having adrive-through facility or areas having drop-off and pick-up areas. The following general standards shall apply to all stacking spaces and drive-through facilities: 1. Stacking spaces and lanes for drive-through stations shall not impede on and off site traffic movements, shall not cross or pass through off street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building. 2 Drive through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated. 3• Approach lanes for drive-through facilities shall have the following minimum widths: a One lane = 12 feet. b. Two or more lanes = 10 feet per lane. 4. All drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet. 5. Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic. 6. Each stacking space shall be a minimum of 10 feet by 20 feet, (B) Stacking spaces shall be provided as follows: 1. Financial institutions with drive-through windows: 8 stacking spaces for the first drive-through window and 2 stacking spate for each addifional window. 2 Car wash: 4 stacking spaces Per bay/stall for self-service establishments, and 5 stacking spacers per bay/stall for an automated establishment. 3. Drive-In or Fast Food Restaurant: 6 stacking spaces per drive-through window measured from the order board or station. 8/25/92 66~ Article V USES Parking NUMBER OF LOADING SPACES Services, New and Used AutomobileDealerships,end Restaurants. industrial (Type I and Type II), Warehousing and Distribution. General Offices, Financial institutions, and Medical Offices. USES HoteUMotel/Motor Lodge, Hospitals, Nursing Homes, All Commercial Recreational Uses, All Educational Facilities. SEC. 30.92 SCREENING, LA Sec. 30-92.1 Intent Up to 15,000 sq, ft. = 1 space; 15,001 to 40,000 sq, ft. = 2 spaces; 40,001 to 100,000 sq. iG = 3 spaca3s; 100,001 to 300,000 sq. ft. = 4 spaces; 300,001 to 1.0 million sq. ft. = 5 spaces; 1.0 million sq. ft. and over = 6 spaces. Up to 40,000 sq. ft. = 1 spaces; 40,001 to 70,000 sq. ft. = 2 spaces; 70,001 to 110,000 sq. ft. = 3 spaces; 110,0001 to 160,000 sq. ft. = 4 spaces; 160,001 to 240,000 sq. ft. = 5 spaces; Each addftional 200,000 sq. ft. = 1 additional space. Up to 40,000 sq, ft. = 1 space; 40,001 to 100,000 sq. ft. = 2 spaces; 100,001 to 300,000 sq. ft. = 3 spaces; 300,001 sq, ft. and over = 4 spaces. NUMBER OF LOADING SPACES Up to 100,000 sq. ft. = 1 space; 100,001 to 200,000 sq, ft. = 2 spaces; 200,001 sq, ft. and over = 3 spaces. ,NDSCAPING, AND BUFFER YARDS (A) It is the intent of these provisions to: 1. Set minimum standards that wi11 ease the transition between zoning districts of different intensities 2 Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. The requirements of this Section are intended to encourage innovation in landscape and ardutecturai design, and shall be administered with reasonable consideration given this objective. Ssc.30-92-2 Adminlstratlon (A) These Provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The Board shall also have the authority to apply any of these requirements as a condition of a Special Use permit approved by the Board. 8/25/92 s 7 .j Article V Screening 8 Buffering 3. Required evergreen shrubs shall have a minimum height of 18 inches at the time of planting. wL._II {- L 4• Regwred small evergreen trees shall have a minimum height of 5 feet at the time of planting. These trees shall have an ultimate height of not less than 15 feet at maturity One tree shall be planted for each 15 linear feet of buffer yard. 5. Required large evergreen trees shall have a minimum height of 5 feet at the time of planting. These trees shall have an ultimate height of not less than 50 feet at maturity. One tree shall be planted for each 20 linear feet of buffer yard. ti. Required small deciduous shalt be species suitable for planting and growth within abuilt- ernrironmern. Acceptable species shall include dogwoods, Bradford pears, and other dwart varieties. These trees shall have an ultimate height of 15 feet at maturity. One tree shall be planted for each 15 feet of buffer yard. 7• Required large deciduous trees shall have a minimum caliper of one inch at the time of planting. These trees shall have an ultimate height of not less than 50 feet at maturity. One tree shall be planted for each 30 linear feet of buffer yard. SeC. 30-92-4 Aonlicabllt+., .,f oe....1_.1___ (A) Requiremerns for screening, landscaping and buffer yards shall be determined by using Chart 1. CHART 1 Site Zoning• R~ R_4 C_1 C_2 I_1 I-2 Ad oinin Zoning Tvpe ACr3 AC3-1 A A B B C AR A B B B C C AV C B D D D C D D R-1 R-2 C C B C D p R3 B B C C D E R-4 ,. C C D E C D E NC C-1 * ,~ * * C C C-2 * * * * C C C C The following shall be the requirements for each Type Codes listed in Chart 1. The developer of the lot shall decide which option applies: 8/25/92 s~~ Article V Screening & Buffering _ Expansion of existing parking areas shall comply with the requirements above if the expansion involves N e or more spaces, a perce an soaping require e s a catcu ated on the basis of the square footage of new parking area only. (D) All use types shall be required to screen refuse storage and loading areas from surrounding views. Rooftop mechanical equipment shall be screened. In addition, ground level mechanical equipment shall be screened or landscaped, (E) Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. Sec. 30-92-5 Modffications (A) Screening, landscaping and buffer yards required by this Section shall be applied equally to all similarly situated properties. Modfications to these standards may be granted in writing by the Administrator if the Administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this Section; 2 Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. (B) When the acreage of a site is signficantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by this Section. However, to achieve the intent of this Section, the Administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the Administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the County. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be ePP~ed to those portions of the arts that are directly affected by the proposed improvements, or use, as determined by the Administrator change in land (~ The area of any required buffer yard shall not be required to exceed ~ 0 percent of the site proposed for development. In such cases, the Administrator shall allow the width or location of certain buffer yards to be reduced or eliminated, The Administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. 8/25/92 h ~~ Article V Signs - -_ (A) The following signs shall be exempted from regulation, and may be displayed within Roanoke County or incorporating electrical service: 1. Official traffic signs or similar regulatory devices owned, erected and maintained by a duly constituted governmental body. 2. Signs required to be displayed or maintained by law or governmental order, rule or regulation. 3. Memorial tablets or signs, provided they are displayed by a public or quasi-public agency. 4. Directional signs provided that each such sign does not exceed 5 square feet per sign, and no such sign shall contain any advertising matter. 5. Street address signs, not exceeding 10 square feet in size. 6. Non-illuminated signs, not more than three square feet in area warning trespassers or announcing property as posted. 7. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. 8. Flags and insignias of any government except when displayed in connection with commercial purposes. 9. On-premises real estate signs in residential or agricultural zoning districts not exceeding 5 square feet in area, or on-premises real estate signs in commercial or industrial zoning districts not exceeding 16 square feet in area On-premises real estate signs larger than these exempted allowances may be installed as temporary signs in accordance with Section 30-93-8 (B). 10. Clocks that display time and temperature through the use of mechanical means or the controlled display of lights, provided these devices do not display any other message. 11. Political campaign signs provided that they are located outside of the public right-of-way, and are removed within 14 days after the campaign, 12 Signs displayed between Thanksgiving and Christmas associated with the sale of Christmas trees and wreaths. 13. Signs on the inside of establishments, except those signs specified in Sections 30-93-4 (A) 5. and 7., which shall not be excluded. 14. On-premises agricultural produce signs associated with the seasonal and/or incidental sale of such products on property where the primary land use is residential or agricultural, provided such signs do not exceed 4 square feet in area 15. Signs that are displayed by or promote civic, religious, educational or charitable organizations or causes, provided such signs are displayed no longer than 30 days per calendar year. Sec. 30-93.4 ProhibRed Signs (A) The following signs are prohibited within Roanoke County: 8/25/92 Article V 6 7 7 Signs (D) Anon-refundable sign permit fee is due and payable with the filing of a sign permit application. More -- ------ ~•--•---~ •~ ~~• a~ ~~..~ ~ ~~yr s oe appuea ror at one time. A single temporary sign permit may be used for more than one temporary sign or for up to four 30 day display periods per calendar year, provided the temporary signs requested are for the same business. (~ After the issuance of an approved sign permit, the applicant may install and display any such sign or signs approved. Once installed, the Administrator may inspect the sign(s) for conformance with the approved sign permit and this ordinance. If the displayed sign(s), due to size, location, height, or number do not conform to the information on the approved sign permit, or the applicable standards of this ordinance, the Administrator shall notify the applicant in accordance with Section 30-21. (F) Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within 6 months of the date the permit was approved. (G) Maintenance, repair, or restoration of nonconforming signs shall be in accordance with Section 30-93- 11. If the value of such work exceeds 50 percent of its replacement value, it shall only be authorized after the approval of a sign permit application. Sec. 30.93-6 Measurement of Slgn Area and Distances (A) Sign area shall be calculated as follows: 1. The area of a suspended, attached, or projecting sign, where the letters, numerals, or symbols are on a sign surface which is hung or affixed to a structure, shall be the total area of the hung or affixed surfaces. 2 The area of an attached sign where the sign consists of words, symbols, or numerals painted on or affaed to a wall, fence, or other building element shall be the entire area within a continuous perimeter enclosing the extreme limits of each word, group of words, symbol, numeral, groups of symbols, or groups of numerals, where the symbols or numbers are meant to be read as a unit. 3. The area of a freestanding sign shall be the total area of all surtaces (excluding poles or other support structures) visible from the public right-of-way. For double or multi-faced signs, only the area of surtaces visible at any one time, at any one point on the public right-of way shall be measured when calculating sign area 4. The area of monument-type freestanding signs shall be determined by (i) the size of the copy area, (2) visual breaks in the structural components of the sign, and/or (3) variation in the monuments color scheme. (B) The minimum separation between freestanding signs shall be the shortest distance between two signs, measured in a straight line. (C) In situations where these criteria do not provide guidance in determining sign area or minimum separation the Administrator shall make the determination. Sec. 30.93-7 Calculation of Allowable Stgn Area on Corner Lots (A) On comer lots, the front shall be either (a) the side fronting the street providing major access, or (b) the side which the main entrance of the structure faces. In situations where neither of these methods clearly distinguishes the front, the Administrator shall make a determination. 8/25/92 fi79 Article V 3. Signs No light from any illuminated sign shall cause direct lore on to ~~ riai~.,.~ 9 any adjoining piece Of property, e..,..; , (B) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above referenced labels to be affoced and thereafter inspected by Roanoke County to insure compliance with these standards. Sec. 30-93-10 Projecting and Suspended Signs (A) No projecting or suspended sign shall extend more than 6 feet from any wall or other structure to which lt is affoced, nor shall any such sign have a setback of less than 15 feet from the nearest public right-of- way. (B) The bottom edge of any projecting or suspended sign must be at least 7 feet above the ground if located above any publicly accessible walkway or driveway. (C) No projecting or suspended sign shall project or suspend over an adjoining lot, without the expressed written consent of the adjoining property owner. Sec. 30-93-11 Nonconforming Signs (A) Any sign which was lawfully in existence at the time of the effective date of this ordinance which does not conform to the provisions herein, and arty sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain except as qualified in subsection (C), below. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner, except a sign head may be changed so long as the new head is equal to, or reduced in height, sign area, and/or projection, and so long as the sign is not changed from an on-premises sign to an off- premises sign. (B) The addition of lighting or illumination to a nonconforming sign, shall constitute an expansion of a nonconforming structure, and shall not be permitted under these regulations. (C) Nonconforming signs may remain, provided they are kept in good repair, except for the following: 1 • A nonconfonning sign which is destroyed or damaged to the extent exceeding 50 percent of its replacement value shall not be altered, replaced or reinstalled unless it is in conformance with these sign regulations. If the damage or destruction is 50 percent or less of its replacement value, the sign may be restored within 90 days of the damage or destruction, but shall not be enlarged in any manner. 2 A nonconforming on-premises sign shall be removed if the structure or use to which lt is accessory is destroyed or demolished to the extent exceeding 50 percent of the principal stn~cture's value. 3• Whenever a change of zoning occurs by petition of the owner, contract purchaser with the owner's consent, or the owner's agent upon a lot which contains a nonconforming on-premises sign, such sign shall not be permitted wlthout being modified in such a manner as to be in full compliance with these sign regulations. Sec. 30.93-12 Damaged or Neglected Signs 8/25/92 Article V 6~ 1 Signs meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of ~,.,. Identlflcatlon Signs A maximum of 30 square feet shall be allowed per use. Historic S1te Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-g, except that portable signs shall be prohibited. 3. No freestanding business sign shall be allowed on any lot having less than 200 feet of lot frontage. The required minimum separation for all freestanding signs on a lot or lots under single ownership or control shall be 250 feel No freestanding sign shall be located within 15 feet of any other freestanding sign on an adjacent or adjoining lot. 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the centeriine of any public right-of-way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed 10 feet in height. 6. No establishment shall be allowed more than 2 signs. (C) AV Villaoe Center and NC Neicthbofiood Commercial District Reaulat~ons Lots within AV and NC districts shall be allowed a maximum signage allocation not to exceed one (1) square foot of sign area per 1 lineal foot of lot frontage. 2 The following signs shall be allowed in AV and NC districts subject to the regulations contained herein: Business Signs Each permitted business in AV and NC districts shall be allowed a maximum of 400 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above, Businesses that request sign permits for kits that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Identiflcatlon Signs Identification signs shall be subject to the same regulations as business signs within this district. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign Shall be allowed on frontage• The required minimum ~ ~ ~n9 less than 100 feet of lot oti~tersttl ~ separation for freestanding signs on a lot or lots under P corurol shall be 250 feet, No freestanding sign shall be looted within 15 feet of ary other freestanding sign on an adjaceru or adjoining lot. 4• ~y freestanding sign erected must have a minimum si n of arty public right-of-way, or 15 feet from g k of 40 feet from the cane any front Property line, whichever is greater 5. No freestanding sign Shall exceed 15 feet in height. 8/25/92 Article V ~8~ - Signs 3. No on-premises freestanding sign shall be allowed on _ -- - - any lot having less than 100 feet of lot other freestanding sign on an adjacent or adjoining lots'gn s oar wrt in 5 eet any 4. Any freestanding sign erected must have a minimum sign setback of 40 feet from the cerneriine of any public right-of_way, or 15 feet from any front property line, whichever is greater. 5. No freestanding sign shall exceed ?~ feet in height. s• No establishmern shall be allowed more than 5 signs. (~ I-1 and I-2 Industrial Zonin District R ulations 1 • Lots within I-1 and I-2 districts shall be allowed a maximum signage allocation not to exceed one and one-half (1.5) square feet of sign area per 1 lineal foot of lot frontage. 2. The following signs shall be allowed in the I-1 and I-2 districts subject to the regulations contained herein: Business Signs Each business in an industrial zoning district shall be allowed a maximum of 300 square feet of sign area, provided that the total signage on the lot does not exceed the allowable maximum as defined in (1) above. Businesses that request sign permits for lots that meet or exceed their allowable sign allocation shall be allowed a maximum of 25 square feet of signage. Historic Site Signs A maximum of 15 square feet shall be allowed per sign. Identlficatlon Signs Identification signs shall be subject to the same regulations as business signs within this district: Temporary Signs Temporary signs shall be allowed in accordance with Section 30-93-8. 3. No on-premises freestanding sign shall be allowed on frontage. The required minimum se ~Y lot having less than 100 feet of lot ownership or control shall be 250 feet NO1 fr~~d~~ gn shall be ocated with ns151•~ of agle other freestanding sign on an adjacent or adjoining lot. ~ 4' ~ ireestand~^9 ~9n erected must have a minimum sign setback of 40 feet from the centerline of any public right-of way, or 15 feet from any front property Tine, whichever is greater. 5. No freestanding sign shall exceed 25 feet in height 6. No establishment shall be allowed more than 5 signs. Sec. 30.93-14 Special gignage Districts and RegulatJons (A) O(f-Premises Signs Off-premier signs shall be allowed in the C-2, I-1, and I-2 Districts rovided fdlowing location and design standards are met: P the 1. No off-premises sign shall be located within a 500 foot radius of an existin off an off-premises sign for which a valid permit has been obtained, but has not y been esrected r 8/25/92 Article V Signs (A) The following exterior lighting standards shall apply to all uses and developments requiring a site 1 • All exterior lighting fixtures shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The intensity at adjoining streets or residential properties shall not exceed 0.5 foot candles. (B) All exterior lighting fodures within residential zoning districts shall be designed, located and arranged so as not to direct glare on adjoining streets or residential properties. The lighting intensity at adjoining residential properties shall not exceed 0.5 foot candles. SEC.30.100 MISCELLANEOUS Sec. 30.100.1 Plot Plans (A) A plot plan shall be submitted, prior to the approval of a zonin or development not requiring a site development plan or a c n ee~~ for any new or expanded use drawn and shall clearly indicate the area, shape and dimensions lof thel~ro es shall be legibly development. All existing easements, natural watercourses, and existing and proposed impro~vem tits shall also be shown on the plan. The plan shall clearly indicate the minimum distances between S wing and proposed uses and all property lines. Proposed access to the property shall also be Sec. 30.100.2 Yard, Setback and Height Requirements (A) The lot area and yards required for any use or structure shall be permanently maintained, and shall not be counted as the required fot area or yards for any other use or structure, (B) Required yards shall remain free of all uses or structures except for the following: 1. Fences, walls and landscaping shall be allowed in ands maintained per Section 30-100-8. Driveways and parking areas shall also be allowed. glee are 2. Eaves, cornices, window sills, beR courses, bay windows and chimp s m required yard a distance not to exceed 2 feet. Cantilevered building overhangs shall not be allowed to project into a required setback area 3. Paths and stoops shall be allowed within all required setback areas. Decks shall comply with all district setback requirements. 4• Accessory structures shall be allowed in accord with the regulations for such structures, (C) Height limitations contained in Article III and IV of this ordinance shall not apply to barns or silos ~ with ~ a9~hural use, church spires, belfries, residential chime television antennae, except as may apply in the Ai ~' flag Poles, or ~ Ov~y ~Isirict, rport Overlay District or the Emergency Sec. 30.100-3 Frontage Requlremer>ts on Cul-de.sacs (A) The minimum lot frontage on the arc of a cul-de-sac shall be no less than 30 feet in all zoni Sec. 30.100-4 PI ~ ~~ Pastern Lots; Prohibition of Irregular Lots 8/25!92 Article v fi 8 7 (B) On any lot occu led Miscellaneous P by a residential use type, fences located in front of the building line shall not Sec. 30.100.10 Standards and Procedures for Review of Condominiums (A) A subdivision plat shall be submitted to Roanoke Cou for industrial condominium development, including the conversion ~ new residential, commercial or condominium form of ownership. This plat shall meet all standards for subdivis on plats. Plats shall be reviewed by the Director of Engineering and Inspections who shall the provisions of this ordinance and the Roanoke County SubdivisiOPOrd ~~Ce I~ Prided it meets (B) An approved owners' association shall be established for all condominium projects haul individual owned structures or units, and common areas and facilities. The u ~ ~ provision of u k p rpose of this association is for the p eep and maintenance of the common areas and facilities. The Director of Engineering and Inspections shall review the provisions of the association to insure compliance with this section. Sec. 30-100.11 Family Exemption, permitted Locations and Standards (A) ~ may be otherwise provided for in the Roanoke County Subdivision Ordinance, subdivisions pursuant to Section 15.1-466 A 12 of the Code of Virginia, as amended,f~a~be allowed in all agricultural and residential districts, outside of Planned Residential Subdivisions. (B) Such lots shall be exempt from the minimum lot requirements for the district in which it is located, but shall otherwise comply with the following requirements: 1 • The lot shall be appr~~ by the Roanoke Cou d~P~, in accordance with Section 17-6 myNint°n Health Department for on-site sewage prior to recordation of the lot. (~ and 17-10 (IQ of the County Subdivision Ordinance, 2 The lot shall conform with the Floodplain overlay district provisions contained in Section 30-74 of this ordinance. 3• The lot shall be of a size and configuration to allow construction in conformity with minimum setback requirements of the district in which rt is located. Sec. 30.100.12 Table of Metric Equivalents (A) The following table shall be used in the calculation of Engtish/Metric equivalents. For standards not contained in this table, extrapolation shall be used. English Standard Linear (feet) 1 3 10 35 45 Area (square feet) 7,200 McMc Ea_ Linear (metres) .3048 .9144 3.048 6.096 10.668 13.716 A~ (square metres) 668.9 8/25/92 s89 in memorandum dated 8/25/92 from John Hartley, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy On substitute motion of .Supervisor Johnson to adopt the proposed Zoning Ordinance, June 15th draft, with amendments of August 21st, and with changes as contained in memorandum dated August 25, 1992 from Lee B. Eddy, and implementation of ordinance to be December 31, 1992, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Eddy NAYS: Supervisor Nickens IN RE: CITIZEN CO1rIIriENTg AND COMMIINICATIONS 3s J Ra T m son 5803 Do ood Avenue requested assistance with a soil and erosion problem involving a private contractor and the property adjacent to his. Chairman Eddy requested that Mr. Thompson discuss the situation with Mr. Chambliss and Mr. Mahoney. ~ Harold Wingate clarified an earlier statement he made to the Board during the public hearing on the Zoning Ordinance. IN RE: ADJOIIRNMENT At 9:40 p.m., Chairman Eddy declared the meeting adjourned. Lee B. Eddy, Chairman ~9a September 8, 1992 Roanoke County Board of Supervisors Roanoke County Administration Center 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 September 8, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of September, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend George Pearson, Southview United Methodist Church. The Pledge of 3 `~ September 8, 1992 check on several properties thirty days after notices are sent with utility bills to see whether or not the insurance rates are reduced. IN RE: NEW BUSINESS 1. Rest for Adoution of the Regional Cable TV OQeratinc~ Bucket. (Anne Marie Green, Public Information Officer) A-9892-1 Ms. Green advised that the Roanoke Valley Regional Cable Television Committee recently approved an operating budget for the regional television studio for 1992-93 which must also be approved by the governing bodies of all three participating jurisdictions. The budget for the eight month period is $52,003 plus $10,000 for contingencies, with the County~s share being $21,148.20, which is less than 1~ of the gross revenues. Ms Green advised that the Committee has approved hiring a studio manager and it is anticipated that the manager will be available beginning November 1. Supervisor Nickens moved to approve the Regional Cable TV Operating Budget. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: Supervisor Kohinke 9 4 w" September 8, 1992 Following discussion on the need for additional staff and a new vehicle, this request was continued until September 22, 1992. The staff was requested to gather the following information: (1) additional information on dealing with consultants, negotiations and a contract with Olver and Associates, (2) potential costs to hire Olver, (3) additional information on using current staff rather than hiring new employees, and the effect this would have on projects such as drainage and roads. IN RE: FIRST READING OF ORDINANCE 1. Ordinance to Amend and Reenact Section 7-61 Roanoke County Code and Adopt Section 105, IInsafe Buildings, volume II, Virginia IIniform statewide Building Code (Arnold Covey, Director, Engineering & Inspections) Mr. Covey explained that at the present time, Roanoke County does not have authority to condemn unsafe buildings and structures built after September 1, 1973. Adoption of this section would give Roanoke County the authority to condemn buildings and structures regardless of which code was in effect at the time the structure was built. Mr. Covey advised that staff does not recommend adoption of the complete edition of Volume II of the Virginia Uniform Statewide Building Code due to inadequate staff to enforce the additional regulations. Only Section 105 is recommended for adoption. September 8, 1992 ~~ SEC. 4-96. FINANCIAL RECORDS AND REPORTS GENERALLY., SEC. 4-97. CERTIFICATE TO ACCOMPANY FINANCIAL REPORT., SEC 4-100. LIMITATION ON FREQUENCY OF BINGO GAMES., SEC 4-101. RESTRICTIONS ON USE OF GROSS RECEIPTS FROM BINGO GAMES OR RAFFLES., SEC 4-113. QUALIFICATIONS OF APPLICANT., AND SEC. 4-117. VALID ONLY IN COUNTY AND AT DESIGNATED LOCATIONS; ERCEPTION. OF ARTICLE V. BINGO GAMES AND RAFFLES OF CHAPTER 4, AMUSEMENT8 OF THE ROANORE COUNTY CODE c. ORDINANCE AMENDING AND REENACTING SEC. 7-68, REPAIR OR DEMOLITION BY COUNTY OF ARTICLE IV. UNSAFE BUILDINGS AND STRUCTURES OF CHAPTER 7, BUILDING REGULATIONS OF THE ROANORE COUNTY CODE CONCERNING LIENS AGAINST REAL ESTATE FOR COST OF REPAIR OR DEMOLITION d. ORDINANCE AMENDING AND REENACTING SEC. 9-18. ENFORCEMENT OF ARTICLE II. VIRGINIA STATEWIDE FIRE PREVENTION CODE OF CHAPTER 9, FIRE PREVENTION AND PROTECTION OF THE ROANORE COUNTY CODE TO AUTHORIZE FIRE MARSHAL TO ENTER PROPERTY TO INVESTIGATE RELEASE OF HAZARDOUS MATERIALS e. ORDINANCE AMENDING AND REENACTING SEC. 10-4, APPLICATION FOR LICENSE• DUTIES OF COMMISSIONER• PENALTIES FOR OPERATING BUSINESS WITHOUT A LICENSE FAILING TO FILE AN APPLICATION OR FILING FALSE STATEMENTS., OF ARTICLE I. IN GENERAL TO RESTRICT ISSUANCE OF BUSINESS LICENSES WHERE ANY TA%E3 DUE THE COUNTY ARE UNPAID AND SEC. 10-36. PERSONAL AND BUSINESS SERVICE OCCUPATIONS. OF ARTICLE II. CLASSIFIED BUSINESS AND OCCUPATIONAL LICENSE PROVISIONS OF CHAPTER 10 LICENSES OF THE ROANORE COUNT CODE TO ADD AND DELETE CERTAIN OCCUPATIONS AND TO ADD f. ORDINANCE AMENDING AND REENACTING SEC. 12-26, REQUIRED: ERCEPTIONB, OF ARTICLE II. COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANORE COUNTY CODE CONCERNING THE SITUS OF MOTOR VEHICLES q. ORDINANCE AMENDING AND REENACTING SEC 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. OF ARTICLE III, PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE ROANORE COUNTY ~ 4 ~~ September 8, 1992 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 9892-3 APPROVING AND CONCIIRRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SIIPERVI80R8 AGENDA FOR THIS DATE DEBIGNATED AB ITEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for September 8, 1992, designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 3, inclusive, as follows: 1. Approval of Minutes - August 12, 1992 2. Authorization to Pay Legal Fees for Litigation with Grumman Emergency Products, Inc. 3. Donation of Utility and Access Easement for Water Stream Gauge on the Roanoke River in Connection with the Spring Hollow Reservoir Project. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None September 8, 1992 ~ V Mayor Bowers' fourth summit meeting, and has summarized the meeting in a September 3 letter. IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Dr. Allan Hoffman President of the Roanoke aver Basin Association to s eak on Issues Affectin Water Availability to Roanoke County. Mr. Hoffman spoke in opposition to the attempt by Virginia Beach to use the Roanoke River Watershed for their water supply. He asked that Roanoke County join in the opposition. Chairman Eddy directed that staff evaluate the request for membership in the Roanoke River Basin Association. IN RE: REPORTS Supervisor Johnson moved to receive the file the following reports. The motion carried by a unanimous voice vote. is General Fund Unappropriated Balance ?. Capital Fund Unappropriated Balance 3. Board Continaencv Fund 4. Accounts Paid - July 1992 bs Schedule of Communit Meetin s to be Held o the Proposed Zoninq Mates. IN RE: WORK SESSIONS 1. Noise Ordinance September 8, 1992 conducted on these systems since 1988 when the Board first considered using them. Staff is still concerned about "leapfrog" development, the impact on the stream, and future State Water Control Board standards. However, if the Board decides to approve use of the system, staff would like stringent controls and is requesting that they be limited to use by those whose septic systems have failed. Supervisor Nickens advised that he was only interested in these systems for failed septic systems. There was no interest expressed by any Board members for use of the alternative discharge sewage treatment system except as a last resort when a septic system has already failed. Planner Jon Hartley reported that some concerns from 1988 have been addressed by the Health Department regulations. However, the County still may wish to add requirements such as posting a bond to back up the monitoring guarantee. If the Board wishes to allow these systems, changes would have to be made to the new zoning ordinance. Supervisor Johnson stated that the County should be obligated to make sure that whatever is recommended does not negatively impact surrounding residences, and that a bond should be posted. Mr. Hartley advised that the Health Department has condemned few houses because of a failed septic system and most of them were rental properties where the owner was unwilling to install an alternative system. In response to a question from Supervisor Eddy, Mr. Hartley advised that new systems will September 8, 1992 `~ ~ ~' NAYS: None RESOLIITION 9892-4 CERTIFYING EBECIITIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: ADJOURNMENT September 22, 1992 7 Roanoke County Board of Supervisors Roanoke County Administration Cent~r~ 3738 Brambleton Avenue, S.W. Roanoke, Virginia 24018 September 22, 1992 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday, and the second regularly scheduled meeting of the month of September, 1992. IN RE: CALL TO ORDER Chairman Eddy called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Lee B. Eddy, Vice Chairman Edward G. Kohinke, Sr., Supervisors Bob L. Johnson, H. Odell "Fuzzy" Minnix, Harry C. Nickens (Arrived 3:15 p.m.) MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk; John M. Chambliss, Assistant County Administrator; Don M. Myers, Assistant County Administrator; Anne Marie Green, Information Officer IN RE: OPENING CEREMONIES The invocation was given by the Reverend Arthur E. Grant, Woodlawn United Methodist Church. The Pledge of ~~ September 22, 1992 for delaying construction of the Glenvar pump-back system to save money. The proposed modification would reduce the yield from 19.2 to 7.5 MGD and the County might be subject to new regulations by deferring construction of the Glenvar pump station to the year 2005. Supervisor Johnson and Eddy advised that they felt the risk was not worth the savings at this time. 2. Smith Gau Landfill John Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, reported that the tipper and maintenance facility was bid with costs exceeding the engineer's estimate and the project will be rebid. The transfer station has been advertised for bids and demolition at the site has begun. The site work at the landfill continues, with major work being done on road building and grading in the fill area. Mr. Hubbard advised they are still planning on meeting the 1993 deadline, and that the Division of Waste Management is aware that the Authority is proceeding while the Part B application is pending. In response to a suggestion from Supervisor Johnson regarding use of the additional land for recreation, Mr. Hubbard responded that the Authority plans to create a planning committee with Bradshaw residents to look at this. In response to a question from Supervisor Eddy regarding the landfill liner, Mr. Hubbard advised that they will meet the federal guidelines if the General Assembly does not make changes. 3. Results of Space Needs Study Jyke Jones, Jones & Jones Architects, presented the September 22, 1992 AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 2. Recruest from the Roanoke Valley Convention and Visitors Bureau for Resolution of Support for Grant Application to the Center on Rural Development. (Joyce Waugh, Economic Development Specialist R-92292-2 Ms. Waugh advised that the Bureau is applying for a Virginia Center on Rural Development grant to install two low- band radio systems along rural stretches of Interstate 81 that will provide non-commercial visitor information on attractions, special events, recreational activities and other visitor services. Ms. Waugh recommended that the $3,000 funding be appropriated from the public-private partnership funds. The system will be programmed and operated by the Convention and Visitors Bureau. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 92292-2 OF SIIPPORT FOR GRANT APPLICATION FROM ROANORE VALLEY CONVENTION & VISITORS BIIREAII TO THE CENTER ON RIIRAL DEVELOPMENT WHEREAS, economic development is recognized as an essential ingredient in creating jobs, increasing the tax base September 22, 1992 i innovative manner that will result in educating the I-81 traveler about the region he or she is driving through with the ultimate intent of attracting a portion of travelers into the region for economic benefit. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 3. Recruest from the Department of Social Services for a Medicaid Benefit Program Aorker to be Fully Reimbursed by the State of Virginia. lDr. Betty McCrary, Social Services Director A-92292-3 Dr. McCrary advised that Medicaid applications have increased 43 percent since January 1991, but that staff has not been expanded to meet the increase. The Department of Social Services, the County Health Department and the State Health Department have entered into an agreement which will allow a Medicaid Benefit Program worker to be employed by Social Services and placed in the local Health Department. The one-year contract will be reviewed at the end of that time to measure its effectiveness and desired continuance. Dr. McCrary requested funding of $18,538 and a corresponding increase in revenue from the State. The position will be 100 reimbursed by the State. Supervisor Minnix moved to approve the position. The motion carried by the following recorded vote: September 22, 1992 ~ ! following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens NAYS: None ABSTAIN: Supervisor Eddy 5. Request to Reconsider Revising the Policy for Use of the Roanoke County Administration Center Community Room. (Marv Allen, Clerk to the Board) This item was withdrawn at the request of Supervisor Kohinke. 6. Request for Declaration of Intention for Reimbursement of Expenses from Bond Issue Proceeds for Acquisition of Land for Hiqh School. (Diane Hyatt, Finance Director) R-92292-5 This request will allow the County to reimburse itself for expenses for acquisition of land for a new high school from future bond proceeds when they become available. Supervisor Eddy moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-5 OF T$E BOARD OF SUPERVISORS OF THE COUNTY OF ROANORE, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM T$E PROCEEDS OF A FINANCING FOR PUBLIC SCHOOL PURPOSES WHEREAS, the Board of Supervisors of Roanoke County, September 22, 1992 7 ~°' NAYS: None 7. Rectuest to Extend Vallev Metro Service into Roanoke County. (John Chambliss, Assistant County Administratorf A-92292-6 Mr. Chambliss reported that there have been requests from residents and businesses to extend two of Valley Metro's routes into Roanoke County. The first would be along Brambleton Avenue to serve the needs of the Department of Rehabilitative Services at a subsidy of $4,500 per year, and the second to extend the route along Williamson road to serve Hollins Manor Home for Adults at a cost of $28,775 annually. Supervisor Minnix moved to approve the staff recommendation to defer any decision until the 1993-94 budget process. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: REOOEST FOR PIIBLIC HEARING AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA Supervisor Minnix moved to approve the first reading. The motion carried by the following recorded vpte: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 1. An Ordinance to Rezone 3 09 A f . cres rom R-5 to R-1 to Construct Single Family Homes, Located at the September 22, 1992 7 ~ c~ " 1. Ordinance to Amend and Reenact Section 7-61 Roanoke County Code and Adopt Section 105, Unsafe Buildings, Volume II, Virginia Uniform Statewide Building Code. (Arnold Covey, Director, Engineering & Inspections) 0-92292-7 There was no discussion and no citizens spoke on this ordinance. Supervisor Nickens moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-7 AMENDING AND REENACTING SECTION 7-61 OF THE ROANORE COUNTY CODE TO PROVIDE FOR THE ADOPTION OF A PORTION OF VOLUME II "BUILDING MAINTENANCE CODE" OF THE UNIFORM STATEWIDE BUILDING CODE, AND TO ADOPT SIICH PROVISIONS TO REQUIRE THE REMOVAL OR REPAIR OF UNSAFE BUILDINGS AND STRUCTURES WHEREAS, Section 15.1-11.2 of the Code of Virginia, 1950, as amended, authorizes the Board of Supervisors to provide by ordinance for the removal or repair of any building or structure which might endanger the public health or safety, for agents and employees of the County to remove or repair such buildings or structures after reasonable notice, for the recovery of the County's costs and expenses of repair or removal, and for the assessment of a lien for unpaid charges; and, WHEREAS, Volume II, "Building Maintenance Code", of the Virginia Uniform Statewide Building Code, provides that any ?~ September 22, 1992 9i~-s~i''~2e~t~3~'e ~3P~~}~s a$€e---~~ .. i...,, t.~-~a~~-eE~~--~v t~12 Sec. 7-61. Adoption. There is hereb ado ted b the board of su ervisors insofar as not inconsistent with the laws of the State this Code and the ordinances of the County for the purpose of establishing rules and regulations for the protection of the bublic health or safety as a result of an unsafe building or structure a portion of that certain code known as the Virginia Uniform Statewide Building Code. Volume II Building Maintenance Code Section 105.0 "Unsafe Buildin s" as the same ma from time to time be amended. This bortion of said code is hereby adopted and incort~orated as fully as if set out at length herein and the provisions thereof shall be controlling in the inspection enforcement, repair removal and securing of buildings or any other structures within the County and within the Town of Vinton 2) That this ordinance shall be in full force and effect from and after October 1, 1992. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 2. Ordinances Amending and Reenacting Various sections of the Roanoke County Code to Reflect Recent Legislative Chances By the General Assembly. (Joseph Obenshain. Sr. Assistant County September 22, 1992 7 ~ 2 1. That Sec. 3-5. "Smoking prohibited," SEC. 3-8. Exemptions," Sec. 3-10. "Posting requirements" and Sec. 3-12. "Enforcement" of Article II, "Roanoke County Smoking Policy" of Chapter 3, "AIR POLLUTION" be amended and reenacted as follows: Sec. 3-5. Smoking Prohibited. It shall be unlawful for any person to smoke in any of the following places: Elevators, regardless of capacity, '''>1~t=<<?~t#:=: :. open materza~. k~o~.st ele~ra~~o~r,`>;n~~ ,i».'~ended ~o~ use by ;the pub~.'c; Sec. 3-8. Exemptions. A. Provisions of this Article shall not be construed to regulate smoking in the following areas: 2. Retail tobacco stores>`'<ab,,`:,~:.~.><~<;:;>' r:.;;;:.;:;;:::.:.:>;.. ~~c~ ~tare~zGuses ~z tobacaa' ~nanufactur~.ng fa~~:x~,es, Sec. 3-10. Postin Re irements. Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by this Article shall ;:..>.::::.,:::.:.::;::>:.:.:,.;:::.;:::>::»::::::: ~::<::>::»:::> ~:.<:.>:;; ~<,:,..:::::~::::::.>.:>::::><:::;>::,:::.::::::::. post signs cc~hsp~~~ous ~~ pubii~ ~i.~~ stating "Smoking Permitted" or "No Smoking," and in restaurants, signs conspicuous to ordinary public view at or near each public entrance stating "No-Smoking Section Available." Sec. 3-12. Enforcement. September 22, 1992 7 ~ ~ ' Title 18.2 of the Code of Virginia; and WHEREAS, the 1992 Session of the General Assembly has adopted amendments to the above mentioned Article 1.1, Bin o and Raffles, which necessitate corresponding amendments to the Roanoke County Code to remove any conflict between the County Code and the Code of Virginia; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Article V. Bincto Games and Raffles of Chapter 4, AMUSEMENTS of the Roanoke County Code is hereby amended and reenacted as follows: Sec. 4-86. Definitions. For the purpose of this article, the following words shall have the meanings ascribed to them in this section: Raffle means a lottery in which the prize is won by a September 22, 1992 7 2 U rescue squad member employed by the county may participate in the operation and conduct of a bingo game or raffle, if a bona f ide member is present. Sec. 4-95. Limitation on value of prizes. (a) No organization shall award any prize money or any merchandise valued in excess of the following amounts: (1) No door prize shall exceed twenty-five dollars ($25.00). (2) No regular bingo or special bingo game shall Sec. 4-96. Financial records and reports generally. (a) Complete records of all receipts and disbursements shall be kept by every organization holding a permit under this Article. Such records shall be filed annually, under oath, with the commissioner of :;;:::'revenue. All such accounting shall be made on or before the first day of ~e~~ae~ of each calendar year for which a permit has been issued. Such accounting shall include a record of the gross receipts and 72~ September 22, 1992 ~~ The financial report required by section 4-96 shall be accompanied by a certificate, verified under oath, by the board of directors of the organization that the proceeds of any bingo games or raffles have been used for those lawful, religious, charitable, community or educational purposes for which the organization is specifically chartered or organized and that the operation of bingo games or raffles has been in accordance with this article. purposes for which the organization is specifically chartered or organized; and (iii) the gross receipts have been used in all fi~~?~3G` respects in accordance with the provisions of this Article. .. •• y~j :::<:•:.::4i:y,i: Y': :. :.::: ::::•iiiii}''•iiiiiif.}}y: ::y: .::: • :.,.:. ~.v.~.~v:::: :...... ::. ~V+ :!Lii`}: 'ii::ii:' .:: '::. i;;:::; ~ ~..:.: :}iiii:, ,:... iF}i}}.:i :::::: :::....::i:!:::i. ~.• ...i..:.iiiiii'~ .. .. .;...:..viiii ': ::::::: •vi iiiii.:i• {:: •.:::•.: '.~ :•::. ;n; '. .....,. ~ ...................,,,.:::.::::::::::::::;::::::::::;;;;:.;;;:.::.::.;:.;;;;>;::;:>~::;;;;;;:.;:.;:.;:.;;;;;;;;::;: ~;;.;;;dip:~.1;I,~OI~;:.:::.::~~;;;:.»~,:~~.:~.:~.4"~#~5:~~; :'t7'j4i:;'+'•xv:vii}::i:{.i?C::: •.yi::ii:: ~?ji:!ti::i:~ 'v~:ji:::iii:.:<'~1: '~'':: ~:jii:::: ~.:.:f.??::::%.: L:..ii....ii4:C:i{{{::ijiii:^iii}i:^:^iiiiii:^iii'^i:ii::: :•:.:~ :.:::::::::........................... .W##~~:: ~i:i~ i. :i. ::i:i4:ti.,: ..... .. .:•:.:...:ii is iiii;; {:. .ryF:.;'.~r.i::•iii::Fv;:n:::::iiii:::::{i?ii:;:j;;: ::i rr¢}iiii}i:i: '•iii+iY :ii. :• P...........~..~.......~~~~unt~n~..;.i:.::;.it~~:~ ....i:.:... ... :.:.::.;::. .::.:.: .....,,.,.....::::::.,::.:,..:.#..::.,....,,::.ii:.:iii:;.:iii:.~.::;<.::.:::;»»>:»:.:::>; ..........:::::::.~::::.;~.;;;:iiiiii:>:ii;:~:::.::::..........#.:::..............~..~.:~~:~ ::~c~:.~,,... . . >::>;;:<.;:.>:.;;:;.i:;:::<<:.::::,;<;:::»:::::>:::»:....:.;;:::»:>::<:<::::< ::<;:«:«:«:<,;:;«:::«<..:;.;:::.:>:::>::;<:<:.:::::;.:::;::::...«:» :;: ~;:<::;::::;«<::::»::».:>.:><:;:::;:.;;.;:~:.i:.iii;:.:.:::...i:.;:;; :.::::::::::::::::.:~:::::::::.::::................... ...... ff ............... ii. +.• :{.:: ,.,;~;Fi~r::xrv:::rwi: iiii ~Vr ~4ii%.'f..iiii::.iiiiiiiiii}i:~iiiii:i:r :Yiiiiiiiii:~4i:iiiiii: is iiiiiir.il •:: .::......:::..................,wiT:,.,.~~...~ :. :~~:.K~~• ]'~ •••••." "~""""••"'••••••~~• ~'~ :::::::::::::::.~iiX iiiiii: iiiii}iiiiii??::•iii:~i:{y:Giriii?:+4iiri4 iiiiiiii~Y September 22, 1992 , ~ ``~ be utilized in whole or in part for the purpose of conducting bingo games more frequently than four (4) calendar days in any ............... one calendar weed ~~. One building or premises owned by the county shall also be exempt from the provisions of this subsection. Sec. 4-101. Restrictions on use of Gross Receipts from Bingo Games or Raffles. Sec. 4-113. Qualifications of applicant. Prior to the issuance of a permit under this division, the applicant organization must meet the following requirements: (1) Except for recently established volunteer fire and September 22, 1992 ~ ~ ~ ~, sec. 4-117. valid only in county and at designated locations; exception. A permit issued under this division shall be valid only in this county and only in such locations as are designated in September 22, 1992 ~~ liens for unpaid taxes. and shall be enforceable in the same manner; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 7-68. "Repair or demolition by county" of Article IV. "UNSAFE BUILDINGS AND STRUCTURES" of Chapter 7 "BIIILDING REGIILATIONS" of the Roanoke County Code be amended and reenacted as follows: Sec. 7-68. Repair or demolition by county. If a notice given pursuant to section 7-66 is not complied with, the county may proceed to repair or demolish the unsafe building or structure, and the cost to the county of such 2. This ordinance shall be in effect from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None 73~ September 22, 1992 The Roanoke County Fire Marshal is hereby directed to enforce the provisions of the Virginia Statewide Fire Prevention Code and this code. The county fire marshal shall establish such procedures or requirements as may be necessary for the administration and enforcement of said code. The county fire marshal is hereby authorized to issue a summons for any violation of the provisions of the code, pursuant to the provisions of Section F-106.8 of said Code. The fire marshal shall coordinate his enforcement activities with the county building official and zoning administrator. The fire marshal shall assign and detail such members of the Roanoke County Fire and Rescue Department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code. September 22, 1992 7 3 8 j PROHIBITED: DURATION, ADDITIONAL PERMITS, ADDERTISEMENTS, FEE. TO CODIFY THE .REQUIREMENTS FOR CONDUCTING SUCH SALES. WHEREAS, Sec 10-4 (e) of the Roanoke County Code currently restricts the issuance of any business license until the tax or fee for such license has been paid to the County; and WHEREAS, the General Assembly of Virginia has recently amended § 58.1-3700 to authorize any local governing body to restrict the issuance of any business license until all delinquent business license or personal property tax, and any meal, transient occupancy or admissions taxes properly assessed by and owed to the locality have been paid by the applicant; and WHEREAS, Sec. 10-36 of the Roanoke County Business License Ordinance sets forth the requirements for licensure as a personal or business services and contains a non-exclusive listing of representative business and personal service occupations; and WHEREAS, § 18.2-223 and § 18.2-224 of the Code of Virginia, 1950, as amended, establish standards that localities are to enforce for issuing permits for "going out of business" sales and authorization to charge a penait fee; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: September 22, 1992 ~ Sec. 10-36. Personal and business service occupations. (b) Those rendering a personal or business service include, but not limited to, the following: Trucking companies, intrastate and interstate ~••'+~~ ••~~•~~~• (> Sec. 10-58, Going out of business sales; permits; inspections; application for permit; inventory required; commingling of other goods prohibited; duration; additional permits; advertisements; fee. :ti~, •'' /f.:i: • :: ;/•.w. :•: ;Y,.:?i.<} .. >.},<4:;fy!. 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' {:rj:?n •{.; ...ff•:Y/fi: Y:Y!/f.•.C4'l i£f/h: :' a+yye. :..:::::. ' ....... :::7i::~' '~:~iiA1L ........ :.::. . ~::::/n:.i:;:::::i//~.uSY.rdaY ~// •:: • :.::...:.................... ~J;k r%ii:'RF:' •~i%iiif:::~i;~?::::y * i{y e~ y{ ..y"' ~{.{+~~r••^»7'k:. •`•.:.. .ereYn~ufe:~/ .H/,:ff,../,:,x.:.;;;;•.:<•>::>;:••.::,Y:::xa;:;,;,casoc;;:~:•:;>.:rc>~:>2Y:: •::::,•: •x: ~T:~;Ji:'~~ii,.:~~r! ::~'. ~ ,~'~~~1~. ..,1I~F;Mr..ryi.•~~ . 74~ September 22, 1992 :~• :;:. .1MM1.~' .}:::'~;{{it/iii:.;.}, ~:vv}!l II.Hflyn%' ~. G1n.:: :,,:~ ~'~''"aura-:z?~~ri;.::.>~?:Y:.::a~~;;<:e=m~:~.:~: 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.f AMENDING AND REENACTING SEC. 12-26, REOOIRED; EBCEPTIONS, OF ARTICLE II. COIINTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC OF THE ROANORE COIINTY CODE CONCERNING THE SITIIS OF MOTOR VEHICLES WHEREAS, Sec. 12-26 of the Roanoke County Code 2. This ordinance shall be effective from and after October 1, 1992. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.a AMENDING AND REENACTING SEC 12-54. PARKING PROHIBITED IN SPECIFIED PLACES. OF ARTICLE III, PARKING, OF CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, OF THE ROANORE COIINTY CODE TO ESTABLISH STANDARDS FOR IDENTIFICATION OF HANDICAPPED PARKING BLACES BY ABOVE GRADE SIGNB. WHEREAS, subsection (f) of Sec. 12-54. Parkins Prohibited in specified places. prohibits unauthorized parking in spaces reserved for the handicapped both on public streets and highways and on private parking areas open to the public; and WHEREAS, the General Assembly has recently amended the Virginia Statewide Building Code and §46.2-1237 of the Code of Virginia, 1950, as amended, to establish requirements for identification of handicapped parking spaces by above grade signs effective by January 1, 1993; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992. 2. This ordinance shall be effective from and after January 1, 1993. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None ORDINANCE 92292-8.h ENACTING SEC. 12-102, REMOVAL OF VEHICLES INVOLVED IN ACCIDENTS TO PROVIDE AUTHORITY TO REMOVE VEHICLES WHICH ARE IMPEDING THE FLOW OF TRAFFIC AND FOR THEIR STORAGE WHEREAS, Article IV. "Accidents" of Chapter 12, "MOTOR VEHICLES" of the Roanoke County Code provides authority for Roanoke County Police Officers to investigate motor vehicle accidents; and WHEREAS, § 46.2-1212 of the Code of Virginia, 1950, as amended, authorizes local governing bodies to enact an ordinance providing for the removal and storage of vehicle involved in accidents which impede the orderly flow of traffic; and September 22, 1992 ? 4 NAYS: None ORDINANCE 92292-8.i AMENDING AND REENACTING SEC. 16.1-25. INSPECTION OF RECORDS REQUIRED BY CHAPTER AND OR ARTICLES LISTED IN SUCH RECORDS., OF ARTICLE II. DEALERS, OF CHAPTER 16.1, PRECIOUS METALS AND GEMS, OF THE ROANORE COUNTY CODE TO PERMIT LAA ENFORCEMENT OFFICERS TO TARE POSSESSION OF ITEMS RNOWN TO BE STOLEN. WHEREAS, Sec. 16.1-25 of the Roanoke County Code requires precious metals dealers to admit law enforcement officers to their premises during business hours to examine their records and any item believed to be missing or stolen; and WHEREAS, the General Assembly of Virginia has recently amended § 54.1-4101.1 of the Code of Virginia, 1950, as amended, to authorize law enforcement officers to take possession of any item known to be missing or stolen on the premises of a precious metal dealer in order to preserve the item as evidence or to prevent its transfer; and WHEREAS, the first reading of this ordinance was held on September 8, 1992; and the second reading was held on September 22, 1992; BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 16.1-25. "Inspection of records required by chapter and of articles listed in such records." of Article II. "Dealers" of Chapter 16.1 "Precious Metals and Gems" of the Roanoke County Code be amended and reenacted as follows: Sec. 16.1-25. Inspection of records required by chapter and of ~ ~ ~ ~~ September 22, 1992 FIRED-PRICE CONTRACTS MAY BE INCREASED BY THE PURCHASING AGENT, TO INCREASE THE MINIMUM AMOUNT OF PUBLIC CONSTRUCTION CONTRACTS FOR WHICH PERFORMANCE AND PAYMENT BONDS ARE REQUIRED, TO AMEND THE CONDITIONS FOR COMPETITIVE NEGOTIATION WITH QUALIFIED OFFERORS OF PROFESSIONAL SERVICES AND RAISE THE CEILING FOR SMALL PURCHASES AND PURCHASES RELATED TO MICROCOMPUTERS. WHEREAS, Sections 17-2, 17-14, 17-15, 17-75 and 17-86 set forth certain definitions and requirements of the County's Procurement Code in accordance with state enabling legislation; and WHEREAS, the General Assembly of Virginia has recently amended § 11-37, § 11-41, § 11-55 and § 11-58 of the Code of Virginia to expand the category of professional services, to raise the ceiling for purchases not requiring competitive sealed bids or competitive negotiation and for purchases of microcomputers and related equipment and services, to expand the authority of the purchasing agent to increase the amount of fixed-price contracts without prior written approval of the governing body and to increase the minimum amount of public construction contracts for which performance and payment bonds are required; and WHEREAS, the first reading of this ordinance took place on September 8, 1992; and the second reading took place on September 22, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Sec. 17-2. "Definitions.", Sec. 17-14. September 22, 1992 to any pr contractor shall furnish to the Board following bonds: (1) A performance bond in the amount conditioned upon the of the contract in strict plans, specifications and contract. ime contractor, such of Supervisors the sum of the contract faithful performance conformity with the conditions of the (2) A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rental of equipment, but only for periods when the equipment rented is actually used at the site. Sec. 17-75. Provisions applicable to procurement of professional services. September 22, 1992 7 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CONSENT AGENDA R-92292-9 Supervisor Kohinke moved to adopt the Consent Agenda after discussion of Item 7. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None Regarding Item 7, Mr. Mahoney was asked to request a report from the Town of Vinton Attorney on additional fees resulting from the law suit with Grumman Emergency Products. Supervisor Eddy asked that a copy of the Item 9 resolution be sent to Mental Health Services and Supervisor Nickens asked that a copy go to Virginia Western Community College. RESOLUTION 92292-9 APPROVING AND CONCIIRRZNG IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 22, 1992, designated as Item L - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated 75 fi September 22, 1992 resolution after discussion of Item 7, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLIITION 92292-9.c REQIIESTING ACCEPTANCE OF BIICRHORN ROAD INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Buckhorn Road North of Hunting Hills Drive to cul-de-sac and South of Hunting Hills Drive to cul-de-sac to be accepted pursuant to Section 33.1-72.1, Paragraph C-1 and funded pursuant to Section 33.1- 75.1, Paragraph A of the Code of Virginia of 1950, as amended. 2. That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 50 feet with necessary easements for drainage as recorded in Plat Book 6, Page 63, of record in the Roanoke County Clerk's Office. 3. That this Board does certify that this road was opened to public use prior to July 1, 1980, at which time it was open to and used by motor vehicles. 4. That this Board does certify that no speculative interests are involved. 5. That said road known as Buckhorn Road and which is shown on a certain sketch accompanying this resolution, be, and ~ 5 ~ ~,~ September 22, 1992 map no report from a Board of Viewers, nor consent or donation of right-of-way from the abutting property owners is necessary. The Board hereby guarantees said drainage easements and a right- of-way for the street. 3. That said road known as Christopher Drive and which is shown on a certain sketch accompanying this Resolution, be, and the same is hereby established as a public road to become a part of the State Secondary System of Highways in Roanoke County, only from and after notification of official acceptance of said street or highway by the Virginia Department of Transportation. On motion of Supervisor Kohinke to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None RESOLUTION 92292-9.e REQUESTING ACCEPTANCE OF FOREST CREER DRIVE INTO THE VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY ROAD SYSTEM BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That this matter came this day to be heard upon the proceedings herein, and upon the application of Forest Creek Drive, from its intersection with Forest Edge Drive to the cul- de-sac to be accepted and made a part of the Secondary System of State Highways under Section 33.1-229 of the Virginia State Code. 2. That it appears to the Board that drainage September 22, 1992 ~ ~ d ~ provide for the needs of its citizens both now and into the 21st century; and WHEREAS, voters will have the opportunity to approve three bond referenda on November 3 that will provide funds to construct and renovate the facilities necessary to serve the state's growing population; and WHEREAS, $472.4 million is earmarked for the capital needs of higher education, providing badly needed classroom, laboratory and other teaching space, correction of life-safety code deficiencies, repairs to libraries, additions to computer centers, and other needs; and WHEREAS, $45.2 million is appropriated for the construction and renovation of seven high-priority projects for current and projected patient needs, particularly for children and elderly Virginians, enabling Virginia to meet legal mandates, and ensuring that state facilities will continue to receive Medicaid and Medicare reimbursements; and WHEREAS, $95.4 million is allocated to upgrade existing park facilities and purchase new land, enhancing Virginia's tourist potential and increasing the flow of out-of- state revenue to Virginia; and WHEREAS, passage of these three referenda will not jeopardize Virginia's AAA bond rating; taxes will not have to be raised; and passage will create 3,600 new jobs and generate $22 million in new revenue. NOW, THEREFORE, BE IT RESOLVED that the Board of September 22, 1992 ~ 6 in LaBellvue subdivision are having problems refinancing their homes because of county liens for water line extension. Mr. Mahoney advised that he is willing to list the lien as a 2nd lien. (2) He responded to Supervisor Kohinke's memo regarding companies who have left the Roanoke Valley. Supervisor Eddy: (1) He commended Chief Cease for his annual report. He asked Mr. Hodge to give an update on the police department accreditation program. (2) He received a letter from the State Department of Police on a public hearing that will be held in the RCAC community room. (3) He attended the Center in the Square Board of Directors annua ~ meg. (4) He announced that Roanoke County has been approved for i l~~x~ in the Appalachian Regional Commission. (5) He asked about leaf collection. Mr. Hodge advised that the General Services Department will be responsible for all the leaf collection programs. (6) He advised that he, Mr. Hodge, Supervisor Minnix and Mr. Gubala attended the press conference announcing merger of Dominion Bank and First Union Bank. IN RF;: REPORTS Sup following reports. 1= 2. 3. 4. ervisor Johnson moved to receive and file the The motion carried by a unanimous voice vote. General Fund IInappropriated Balance Capital Fund IInappropriated Balance Board Contingency Fund Account Paid - August. 1992 September 22, 1992 7 V ~ ~~ rationale on the County's low assessment of machinery and tools, and Supervisor Eddy asked for a comparison with other governments outside of the Roanoke Valley. IN RE: ERECUTIVE SESSION At 6:00 p.m., Supervisor Kohinke moved to go into Executive Session pursuant to the Code of Virginia Section 2.1- 344 A (3) to discuss consideration of the acquisition of real property for public purposes (two separate issues); (7) to consult with legal counsel concerning briefings by staff members pertaining to actual litigation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Kohinke, Minnix, Nickens, Eddy NAYS: None IN RE: CERTIFICATION OF ERECUTIVE SESSION R-92292-10 At 6:30 p.m., Supervisor Johnson moved to approve the Certification Resolution excluding the pending litigation issue. Supervisor Kohinke left the meeting at 6:15 p.m. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke RESOLUTION 92292-10 CERTIFYING ERECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke September 22, 1992 ~ 6 1. Ordinance Amending and Reenacting Chanter 13, Offenses-Miscellaneous, by adding Article II. Noise, and by Deleting Section 13-3. Noise, of the Roanoke County Code. (Paul M. Mahonev, County Attornev) Mr. Mahoney reported that this ordinance will parallel ones recently adopted by the City of Roanoke and the Town of Vinton. There was no discussion and no citizens to speak. Supervisor Johnson moved to approve the first reading of the ordinance with the second reading set for October 27, 1992. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke IN RE: PIIBLIC HEARINGS 1. Public Hearing and Adoption of Resolution Authorizintt Issuance of 51.830.000 General Obligation School Bonds from the Virginia Public School Authority. (Diane Hyatt. Finance Director) R-92292-11 Ms. Hyatt reported that part of the application process is to have a public hearing on the issuing of the bonds. The Board also needs to adopt a resolution authorizing the issuance of the bonds. Ms. Hyatt announced that Crestar Bank has been designated as the Bond Registrar and Paying Agent for the Bonds. September 22, 1992 ! V S purchase from the County, and to sell to the VPSA, the Bonds at the price of par, upon the terms established pursuant to this Resolution. The County Administrator and the Chairman of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into a Bond Sale Agreement with the VPSA providing for the sale of the Bonds to the VPSA ("Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denominations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 1992"; shall bear interest payable from the date of delivery thereof semi-annually on each June 15 and December 15 (each an "Interest Payment Date"), beginning June 15, 1993, or such other date as VPSA may establish, at the rate or rates established in accordance with paragraph 4 of this Resolution; and shall mature on December 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. 4. Principal Installments and Interest Rates The County Administrator is hereby authorized and directed to accept the interest rate or rates on the Bonds established by the VPSA, provided that no such interest rate shall be more than ten one-hundredths of one percent (0.10) over the annual rate to be paid by the VPSA for the corresponding maturity of the bonds to be issued by the VPSA ("VPSA Bonds"), a portion of the proceeds of which will be used to purchase the Bonds, and provided further, that no interest rate on the Bonds shall exceed nine percent (9~) per annum. The County Administrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date ("Principal Installments") established by the VPSA, provided that such aggregate principal amount shall not exceed $1,830,000 and the final maturity of the Bonds shall not be later than December 15, 2014. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. For as long as the VPSA is the registered owner of the Bonds, the Bonds shall be in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. On twenty days written notice from the VPSA, the County shall deliver, at its expense, Bonds in marketable form in denominations of $5,000 and whole multiples thereof, as requested by the VPSA, in exchange for the temporary typewritten Bond. September 22, 1992 ? ~ O ~ before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit For the prompt payment of the principal of, the premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of, the premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate and amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate• Non-Arbi aqe Certificate. The Chairman of the Board, the County Administrator and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non- Arbitrage Certificate and a Use of Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended ("Code"), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Non-Arbitrage Certificate and such Use of Proceeds Certificate and that the County shall comply with the covenants and representations contained therein. Furthermore, the Board covenants on behalf of the County that the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program• Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Treasurer of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The County Administrator, the Chairman of the Board, and such officer or officers of the County as either of them may designate, are hereby authorized and 7 7 Z ~: September 22, 1992 Harrington. Director, Planninq & Zonina~ 0-92292-12 Mr. Harrington explained that the property was originally rezoned by Royal Buick for a new automobile dealership. There were proffered conditions with the rezoning at that time. Dominion Bank has obtained the property and wishes to have the conditions removed. He announced that the Planning Commission had discussed removing the existing buildings from the site. Since the Planning Commission meeting, Dominion Bank has agreed to proffer that the existing buildings shall be demolished. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke ORDINANCE 92292-12 TO ELIMINATE PROFFERED EBISTING CONDITIONS ON THE REZONING OF A 12.26-ACRE TRACT OF REAL ESTATE LOCATED ON THE NORTH SIDE OF PETERS CREEK ROAD (ROIITE 117) APPRO%IMATELY 50 FEET WEST OF ITS INTERSECTION WITH CENTIIRION ROAD IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF B-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF B- 2, WITH ONE CONDITION, IIPON THE APPLICATION OF DOMINION BANK, NATIONAL ASSOCIATION WHEREAS, the first reading of this ordinance was held on August 25, 1992, and the second reading and public 77~ September 22, 1992 conformity with the development plan prepared by T. P. Parker & Son, Engineers & Surveyors, under date of July 6, 1987, with the exception that there will only be two entrances to said property. (b) That the showroom to be constructed will be a two- story structure. (c) That all lighting will be shielded away from adjoining properties and will be directed solely upon the subject property. (d) That one entrance shall be aligned with a cut in Peters Creek Road, either at the existing location or at a new location, should the present location be moved. (e) That all drainage, screening and buffering shall be in accordance with the Roanoke County Ordinance. (f) That there will only be two signs on the property which are not attached to structures. The signs will be in substantial conformity with the design attached hereto. 4. That the Petitioner, Dominion Bank, National Association, now voluntarily agrees to the following proffered condition: (a) That the existing buildings on the property shall be demolished and removed to an approved disposal site within 180 days of the approval of the petition to rezone the subject property. 5. That said real estate is more fully described as follows: Parcel 1 BEGINNING at a point on the northerly side of Peters Creek Road and at the southeasterly corner of the property of Maury L. Strauss, et als. (DB 1244, page 1352); thence with a curve to the right along Peters Creek Road having a chord bearing and distance of S. 60 deg. 47' 54" W. 832.07 feet, an arc distance of 833.79 feet to a concrete monument; thence leaving said Peters Creek Road N. 28 deg. 39' 30" W. 875.61 feet to a pin September 22, 1992 ~ 7 ~ ~~ tract, an acre stormwater management easement, a 20' drainage easement, and a 20' waterline easement made by T. P. Parker & Son, Engineers & Surveyors, Ltd. dated December 13, 1988. 6. 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 shall be, and the same hereby are, repealed. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Kohinke IN RE: ADJOIIRNMENT At 7:15 p.m., Supervisor Johnson moved to adjourn. The motion carried by a unanimous voice vote with Supervisor Kohinke absent. Lee B. Eddy, Chairman A-102792-10.a ACTION NO. ITEM NUMBER ~T = .L AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke Moose Lodge No. 284 Fellowship Degree has requested a permit to hold a raffle in Roanoke County on December 19, 1992. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree be approved. SUBMITTED BY: /Y . Mary H. Allen Clerk to the Board APPROVED BY: C/ Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Absent Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File ~ _- ~ _ COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that. may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. sect. of the criminal statutes of the Virginia Code, and by Section 4-86 et. se of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke the permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT Y BINGO GAMES Name of Organization ~~9~~~c~KE /'~~©Sr'~~~/_~ ~//~tc~~3'/~~p ~~~1 Street Address ~.c ~3 (.~ 1~t~1,C3~ ~~G~ Y' ~~'/ci/_= Mailing Address %r' t~ City, State, Zip Code c.~/-~~ , ~ ~~~ Purpose and Type of Organization Fi,~,gr,F~.1/~~. ~C.dff~/T.9.b~~= ~/~~ /~ l r When was the organization founded? / ~ /.S Roanoke County meeting place? ..~~~~~~ ~J/fW~,~/ /'/aL.[~'1~ ~.~, Has the organization been },~n existence in Roanoke County for two continuous years? YES ~/ NO Is the organization non-profit? YES ~ NO Federal Identification Number '~ ~~'~` - ~~~r~~~Z Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: ~~y°~`,r~ ~~c%C,C/.~S Vice-President ~D,{1~~C/1w•9-,~;DSD,t/ Address : .~~~'~~' ~~r.~-~v~3 ~ ~~LL~= 4'' ~~ Address : ~~~? ~~> X ~~d~ r Secretary: J .~i4d2/Z Y f-D5 j~-~(.. Treasurer: ~~/?;' ~l~y~;S Address : i<' ~ y 3 ~~_ 1 ~~ ~i ~~~~' Address : ,.~,2,/'~1 ~%tn~ ~~ ~~• .(~,~ ti%~.~ ~~ ; 6l ,~ ~o ~ ~ ESQ ,~ := .~ ~, ~%~ .? ~ / S ~ Member authorized to be responsible f r Raffl or B~ o operations: Name : ,~ ~ hPA 2 y 1,° ^ /~~tl~l ~/,r/.~/ `°~~ ~ n Home Address i~©/~ ~l~.At1~A/5 L;I~L-'~.~ ~~ ' Phone ~ ~ ~- 7 ~~ ~ Bus Phone J r~~~ C~ A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. RAFFLES : Date of Drawing /~~ ~,~ Time of Drawing //~'Dd ~%~j BINGO: Days of Week and Hours of Activity: Sunday From To Monday From To Tuesday From To Wednesday From To Thursday From To Friday From To Saturday From To 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. ~n~r-Sri=,a ~6'~.ss fv ~~av ~r .~/,~ T' ~/ 3 d t7 ~~o~~y ~y',~c~r•~ Ens) To ~~ 7~~/~-. ~ ,a ~ o • /~ ~,/~ /,iJ T/= /~~l ~ ~` F O ~= f~~/L ~ ~'/T Y ~/lodJf ,y'F.~-/2 T~ 3 BINGO: Complete the following: Legal owner(s) of the buildin where BINGO is to conducted: Name: Address: County State ZIP Is the buil g owned by a 501-C nc Seatin apacity for each locat Par~3Cing spaces for each loc~,t'ion: =profit organization? ' ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter~~ ~ '~, 7y%' 2nd Quarter `~` ~ 7 ~2 t% 3rd Quarter /CJ % .3 9`~ 4th Quarter f/ 7 cJC~/ TOTAL ~ .~ ~~ ~ /P1-3 1st Quarter ~ ~G .3e% ~~ 2nd Quarter /.~~".~ O.3`, ~n 3rd Quarter vZ/;.~~,:7. %~ 4th Quarter ~ ~ ~^~~~- 5fG TOTAL "~ 7~1~ _S~~ J;l 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? ~~=~ S 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such~ecords are subject to audit by the Commissioner of the Revenue? ~~='S 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit ~11 records required to be maintained for Bingo games or raffles? ~,C.s 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a permit has been issued? ~F S 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? ~.~,3' 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter unt'1 such report is properly filed and a new permit is obtained? j~~~' 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions ~cf Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? ~ ~ ~' 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of t~ annual financial report due on or before the first of November? i ~- S 10. Does your organization understand that this permit is valid only in the County of Roanoke and only at such locations, nd for such dates, as are designated in the permit application? /=,~ 11. Does your organization understand that no person, except a bona f ide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating ~management, operations, or conduct of any such game or raffle? ~ /~ ~S 12. Has your organization attached a check for the annual per it fee in the amount of $25.00 payable to the County of Roanoke?~-~S 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? ~s _ 14. Has your organization attached complete list of its membership to this application form? ~~ f/.L~ 15. Has your organiz tion attached a copy of its bylaws to this application form? ®~ F/~C ~ 16. Has the organization been declared exempt fro property taxation under the Virginia Constitution or statues? ,~~.r If yes, state whether exemption is for real, personal property, or both and identify exempt property. j~~=.9~ ~S ~~ j /- 17. State the s ecific type and purpose of the organization. 18. Is this organization incorporated in Virginia? yi= S If yes, name and address of Registe ~d Agent,• .J ~~r,~ 4- /moo .~ ; t= ~Z ~ ~ :f~ i`'.r=,~ ,yg~> :/~.~' ~~ 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Ch ritable Solicitations Act, Section 57-48 of the Virginia Code? ~c (If so, attach copy of registered agent.) Has the organization been granted an exemption from registrat' n by the Virginia Department of Agriculture and Consumer Affairs? ,~~-~ (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value /v'~.~l~l ~~ .s TE 2 ~'tY i7~ ; ,C;-~':~ Ci/'.-~ 1 ~ I/.L /~.~f-.( ~' ~~`~ ° `' 6 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization unde stand that the bingo g es shall not be conducted more frequen y than two calendar ys in any calendar week? 21. Does your organizatio understand that it is equired to keep complete records of the ngo game. These recor s based on §18.2- 340.6 of the Code of V' ginia and §4.98 of the oanoke County Code must include the fol wing: a. A record of e date, quantity, and and value of instant bingo supp es purchased, as well the name and address of the suppler of such instant bin supplies, and written invoice r receipt is also requ' ed for each purchase of insta bingo supplies? b. A cord in writing of the ates on which Bingo is played, t e number of people in tendance on each date, and the mount of receipts and izes on each day? (These records must b retained for three. years.) c. A record of the nam and address of each individual o whom a door prize, regul or special Bingo game prize o jackpot from the playin of Bingo is awarded? d. A complete a itemized record of all receip and disburse- ments which support, and that agree with, e quarterly and annual re its required to be filed, and at these records must be aintained in reasonable order permit audit? 22. Does our organization understand th instant Bingo may only be condu ed at such time as regular bin game is in progress, and only a such locations and at such ti s as are specified in this appli, ation? ~2~3 Does your organization unde tand that the gross receipts in Tie course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organizat~lon understand it may not sell an instant bingo card to an indiv ual below sixteen years of age? 7 25. Does your orga 'zation underst nd that an organization whose gross receipts f om all bingo erations that a eed or are expected to exc d $75,000 in a y calendar year all have been granted tax-exe pt status pursu nt to Section 501C nternal Revenue Code Service? (Cer ficate must be at ched.) 26. Does ur organizati understand that Certificate of Occupanc must be obtai d or be on file whi authorizes this use at the oposed locati n? 27. oes your org ization understand at awards or prize money or erchandise v ued in excess of he following amounts are i egal? a. No door rize shall exceed tw my-five dollars. b. No r ular Bingo or speci Bingo game shall exceed On Hun ed dollars. c. jackpot of any nat e whatsoever shall exceed ne housand Dollars, n shall the total amount of ackpot prizes awarded in y one calendar day exceed ne Thousand Dollars. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. ,,, A. Signe ,hy• ~ r ~{ 1 ~~ ~ 7! N Title Home Address ~ ~ G~ ~~ Subscribed and sworn before me, this /~ ~~day of d9~~ in the County/C~-~y of d ~~c ~, Virginia. My commission expires: ~~~ - 19 ~~~ ~~~ otary Public RETURN THIS COMPLETED APPLICATION T0: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 8 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. ,/~ ~j Date Commiss oner of th Revenue The above application is not approved. Date Commissioner of the Revenue 9 A-102792-10.b ACTION NO. ITEM NUMBER • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Request for approval of a Raffle Permit from the Marine Corps Reserve Toys for Tots Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Marine Corps Reserve Toys for Tots Program has requested a permit to hold a raffle in Roanoke County on November 29, 1992. This application has been reviewed with the Commissioner of Revenue and he recommends that it be approved. The application is on file in the Clerk's Office. The organization has paid the $25.00 fee. STAFF RECOMMENDATION: It is recommended that the application for a Raffle Permit from the Marine Corps Reserve Toys for Tots Program be approved. SUBMITTED BY: ~2LL-~-.t-~,,~T-- (.,tom-~~~ Mary H. Allen Clerk to the Board APPROVED BY: Ll Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix No Yes Abs ent Denied ( ) Eddy x Received ( ) Johnson x Referred ( ) Kohinke x To ( ) Minnix x Nickens x cc: File Bingo/Raffle File ~~ ~_._.y _~ COUNTY OF ROANOKE, VIRGINIA COMMISSIONER OF THE REVENUE APPLICATION FOR PERMIT TO CONDUCT RAFFLES OR BINGO Application is hereby made for a bingo game or raffle permit. This application is made subject to all County and State laws, rules, ordinances, and regulations now in force, or that. may be enacted hereafter and which are hereby agreed to by the undersigned applicant and which shall be deemed a condition under which this permit is issued. All applicants should exercise extreme care to ensure the accuracy of their responses to the following questions. Bingo games and raffles are strictly regulated by Title 18.2-340.1 et. seq. of the criminal statutes of the Virginia Code, and by Section 4-86 et. se of the Roanoke County Code. These laws authorize the County Board of Supervisors to conduct a reasonable investigation prior to granting a bingo or raffle permit. The Board has sixty days from the filing of an application to grant or deny the permit. The Board may deny, suspend, or revoke t'he permit of any organization found not to be in strict compliance with county and state law. Any person violating county or state regulations concerning these permits shall be guilty of a Class 1 misdemeanor. Any person who uses any part of the gross receipts from bingo or raffles for any purpose other than the lawful religious, charitable, community, or educational purposes for which the organization is specifically organized, except for reasonable operating expenses, shall be guilty of a Class 6 felony. THIS APPLICATION IF FOR: (check one) RAFFLE PERMIT YES BINGO GAMES Name of Organization MARINE CORPS RESERVE TOYS FOR TOTS PROGRAM Street Address N&MCRTC, 5301 BARNS AVE, NW Mailing Address N&MCRTC, 5301 BARNS AVE, NW City, State, Zip Code ROANOKE, VA 24019-3899 Purpose and Type of Organization CHRISTMASTIME, NON-PROFIT ORGANIZATION PROVIDE TOYS TO NEEDY CHILDREN AT When was the organization founded? 1947 Roanoke County meeting place? ADDRESS LISTED ABOVE ' Has the organization been in existence in Roanoke County for two continuous years? YES gg NO Is the organization non-profit? YES gX NO Federal Identification Number 540831990 Attach copy of IRS Tax Exemption Letter. Officers of the Organization: President: CAPT A. M. TRINGALI Vice-President 1STSGT S. WILLIAMS Address: 5301 BARNS AVE, NW Address: 5301 BARNS AVE, NW ROANOKE. VA 24019-3899 ROANOKE, VA 24019-3899 Secretary: SGT D. C. FOLEY Treasurer: STEBBINS JUBBARD Address : 5301 BARNS AVE, NW Address RnAN~KR_ VA 2419-3899 601 S JEFFERSON STREET ROANOKE, VA Member authorized to be responsible for Raffle or Bingo operations: Name : SGT DEBORAH C . FOLEY Home Address 108 CAMBRIDGE SQUARE, VINTON, VA 24179 Phone 342-5976 Bus Phone 563-4979 A COMPLETE LIST OF THE NAMES AND ADDRESSES OF CURRENT MEMBERSHIP MUST BE FURNISHED WITH THIS APPLICATION. Specific location where Raffle or Bingo Game is to be conducted. TANGLEWOOD MALL RAFFLES : Date of Drawing 921129 Time of Drawing ~:OOPM BINGO: Days of Week and Hours of Activity: 921129 Sunday Monday Tuesday Wednesday Thursday 921127 Friday 921128 Saturday From 1: OOPM To S :OOPM From To From To From To From To From 0800AM To 930PM From 0800AM To 930PM 2 State specifically how the proceeds from Bingo/Raffle will be used. List in detail the planned or intended use of the proceeds. Use estimated amounts if necessary. RAFFLE TICKETS WILL BE TRADED FOR A NEW UNWRAPPED TOY FOR THE TOYS FOR TOTS PROGRAM. AIV'YONE WISHING NOT TO PURCHASE A TOY MAY OBTAIN A RArFLE TICKET FOR $1.00. ALL PROCEEDS WILL BE USED TO PURCHASE TOYS FOR THE MARINE CORPS RESERVE TOYS FOR TOMS PROGRAM 3 ' BINGO: Complete the following: Legal owner(s) of the building where BINGO is to be conducted: Name : NA Address: County State ZIP Is the building owned by a 501-C non-profit organization? NA Seating capacity for each location: NA Parking spaces for each location: NA ALL RAFFLE AND BINGO APPLICANTS MUST ANSWER QUESTIONS 1-19 1. Gross receipts from all sources related to the operation of Bingo games or Instant Bingo by calendar quarter for prior calendar year period. BINGO INSTANT BINGO 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL lst Quarter 2nd Quarter 3rd Quarter 4th Quarter TOTAL 2. Does your organization understand that it is a violation of law to enter into a contract with any person or firm, association, organization, partnership, or corporation of any classification whatsoever, for the purpose of organizing, managing, or conducting Bingo Games or Raffles? YES 3. Does your organization understand that it must maintain and file complete records of receipts and disbursements pertaining to Bingo games and Raffles, and that such records are subject to audit by the Commissioner of the Revenue? YES 4. Does your organization understand that the Commissioner of the Revenue or his designee has the right to go upon the premises on which any organization is conducting a Bingo game or raffle, to perform unannounced audits, and to secure for audit all records required to be maintained for Bingo games or raffles? YES 4 5. Does your organization understand that a Financial Report must be filed with the Commissioner of the Revenue on or before the first day of November of each calendar year for which a permit has been issued? YES 6. Does your organization understand that if gross receipts exceed fifty thousand dollars during any calendar quarter, an additional Financial Report must be filed for such quarter no later than sixty days following the last day of such quarter? YES 7. Does your organization understand that the failure to file financial reports when due shall cause automatic revocation of the permit, and no such organization shall conduct any Bingo game or Raffle thereafter until such report is properly filed and a new permit is obtained? YES 8. Does your organization understand that each Financial Report must be accompanied by a Certificate, verified under oath by the Board of Directors, that the proceeds of any Bingo game or raffle have been used for these lawful, religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized, and that the operations of Bingo games or raffles have been in accordance with the provisions of Article 1.1 of Chapter 8, Title 18.2 of the Code of Virginia? YES 9. Does your organization understand that a two (2) percent audit fee of the gross receipts must be paid to the County of Roanoke upon submission of the annual financial report due on or before the first of November? YES 10. Does your organization understand that this permit is valid only in the County of Roanoke apd only at such locations, and for such dates, as are designated in the permit application? YES 11. Does your organization understand that no person, except a bona f ide member of any such organization who shall have been a member of such organization for at least ninety days prior to such participation, shall participate in the management, operations, or conduct of any bingo game or raffle, and no person shall receive any remuneration for participating in management, operations, or conduct of any such game or raffle? YES 12. Has your organization attached a check for the annual permit fee in the amount of $25.00 payable to the County of Roanoke? YES 5 13. Does your organization understand that any organization found in violation of the County Bingo and Raffle Ordinance or Section 18.2-340.10 of the Code of Virginia authorizing this permit is subject to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above to having such permit revoked and any person, shareholder, agent, member or employee of such organization who violates the above referenced Codes may be guilty of a felony? YES 14. Has your organization attached a complete list of its membership to this application form? NA 15. Has your organization attached a copy of its bylaws to this application form? NA 16. Has the organization been declared exempt from property taxation under the Virginia Constitution or statues? NO If yes, state whether exemption is for real, personal property, or both and identify exempt property. '~ 17. State the specific type and purpose of the organization. TO PROVIDE NEEDY CHILDREN WITH TOYS AT CHRISTMASTIME. 18. Is this organization incorporated in Virginia? NO If yes, name and address of Registered Agent: 19. Is the organization registered with the Virginia Department of Agriculture and Consumer Affairs pursuant to the Charitable Solicitations Act, Section 57-48 of the Virginia Code? NO (If so, attach copy of registered agent.) Has the organization been granted an exemption from registration by the Virginia Department of Agriculture and Consumer Affairs? NO (If so, attach copy of exemption.) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ALL RAFFLE APPLICANTS DESCRIBE THE ARTICLES TO BE RAFFLED, VALUE OF SUCH ARTICLES, AND PROCEED TO NOTARIZATION. Article Description Fair Market Value COMPLETE REA~RO~M SUITE DONATED $2000.00 BY SINGER FURNITURE COMPANY 6 ALL BINGO APPLICANTS MUST ANSWER QUESTIONS 20 - 27 BEFORE NOTARIZATION RAFFLE APPLICANTS, GO TO NOTARIZATION. 20. Does your organization understand that the bingo games shall not be conducted more frequently than two calendar days in any calendar week? 21. Does your organization understand that it is required to keep complete records of the bingo game. These records based on §18.2- 340.6 of the Code of Virginia and §4.98 of the Roanoke County Code must include the following: a. A record of the date, quantity, and card value of instant bingo supplies purchased, as well as the name and address of the supplier of such instant bingo supplies, and written invoice or receipt is also required for each purchase of instant bingo supplies? b. A record in writing of the dates on which Bingo is played, the number of people in attendance on each date, and the amount of receipts and prizes on each day? (These records must be retained for three. years.) c. A record of the name and address of each individual to whom a door prize, regular or special Bingo game prize or jackpot from the playing of Bingo is awarded? d. A complete and itemized record of all receipts and disburse- ments which support, and that agree with, the quarterly and annual reports required to~be filed, and that these records must be maintained in reasonable order to permit audit? 22. Does your organization understand that instant Bingo may only be conducted at such time as regular bingo game is in progress, and only at such locations and at such times as are specified in this application? 23. Does your organization understand that the gross receipts in the course of a reporting year from the playing of instant Bingo may not exceed 33 1/3% of the gross receipts of an organization's Bingo operation? 24. Does your organization understand it may not sell an instant bingo card to an individual below sixteen years of age? 7 ' 25. Does your organization understand that an organization whose gross receipts from all bingo operations that exceed or are expected to exceed $75,000 in any calendar year shall have been granted tax-exempt status pursuant to Section 501C Internal Revenue Code Service? (Certificate must be attached.) 26. Does your organization understand that a Certificate of Occupancy must be obtained or be on file which authorizes this use at the proposed location? 27. Does your organization understand that awards or prize money or merchandise valued in excess of the following amounts are illegal? a. No door prize shall exceed twenty-five dollars. b. No regular Bingo or special Bingo game shall exceed One Hundred dollars. c. No jackpot of any nature whatsoever shall exceed One Thousand Dollars, nor shall the total amount of jackpot prizes awarded in any one calendar day exceed One Thousand Dollars. NOTARIZATION: THE FOLLOWING OATH MUST BE TAKEN BY ALL APPLICANTS I hereby swear or affirm under the penalties of perjury as set forth in §18.2 of the Code of Virginia, that all of the above statements are true to the best of my knowledge, information, and beliefs. All questions have been answered. Signed, y: /r~U/~' , 3r ~ /a. 7"O M~ ~~ ~,t Cam. o~~ /~~ ~A- ~~`/s~ Name e Home Address Subscribed and sworn before me this ~i 7~~ day of ~~cC,. /~~~--' in the Count Cit of ' y/ y ~ ,..uL ^~-e'_ _ Virginia. My commission expires: .% Nota y Public RETURN THIS COMPLETED APPLICATION TO: COMMISSIONER OF THE REVENUE P.O. BOX 20409 ROANOKE, VA 24018-0513 _ 8 NOT VALID UNLESS COUNTERSIGNED The above application, having been found in due form, is approved and issued to the applicant to have effect until December 31st of this calendar year. Date ommissi er of th Revenue The above application is not approved. Date Commissioner of the Revenue 9 ACTION NO. A-102792-10.c ITEM NO. """' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Authorization to Pay Certain Legal Fees r ~> ~~ti~~~ COUNTY ADMINISTRATOR' S COMMENTS : ~'u.,~~y~~^ry`-`~ EXECUTIVE SUMMARY: The County agreed to share with the Town of Vinton the legal expenses for the litigation with Grumman Emergency Products Inc. over the defective ladder on the aerial fire truck. BACKGROUND' In November of 1991, the Board agreed to join with the Town of Vinton in legal action against Grumman Emergency Products, Inc. and other possible defendants over the defective ladder on the aerial fire truck which the County had jointly funded with the Town. Since this vehicle is titled to the Town of Vinton it was agreed that the Town Attorney should handle this litigation. The fees thus far approved by the Board are as follows: February 11, 1992 $1,151.95 March 24, 1992 1,437.59 May 26, 1 992 2,363.43 June 23, 1992 1,779.16 September 8, 1992 228.71 September 22, 1992 868.75 Total $7,829.59 FISCAL IMPACTS' $941.00 in current fees to be paid from the Board contingency fund. 1 N-~ COIINTY OF ROANORE~ VIRGiINIA GENERAL FIIND IINAPPROPRIATED BALANCE $ of General ~ 1> Amount Fund Expenditures Beginning Balance at $4,041,917 July 1, 1992 (unaudited) August 12, 1992 Dixie Caverns (100,000) Sept. 8, 1992 Cable TV budget (21,149) October 13, 1992 Bloodborne Pathogens Standards X33,800) Balance as of Oct. 27, 1992 $3,886,968 Submitted By Diane D. Hyatt Director of Finance 5.60$ 5~~ Note: On December 18, 1990 the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25$ of General Fund expenditures ($72,151,291). N-a COUNTY OF ROANORE, VIRGINIA CAPITAL FUND UNAPPROPRIATED BALANCE Beginning Balance at July 1, 1992 $ 8,511 (unaudited) Addition to Capital Reserve from 114,760 original 1992-1993 budget July 14, 1992 Lighting of Green Hill Park Ball Fields (15,000) October 13, 1992 Repair ladder truck at Cave Spring Fire Station (19,001) Balance as of October 27, 1992 S 89,270 Submitted by Diane D. Hyatt Director of Finance COONTY OF ROANORE, VIRGINIA REBERVE FOR BOARD CONTINGENCY July 14, 1992 July 28, 1992 August 12, 1992 September 8, 1992 September 22, 1992 October 13, 1992 Beginning Balance at July 1, 1992 Information Program for Bond Referendum Roanoke Regional Housing Strategy Outside Legal Assistance Grumman Litigation Grumman Litigation Space Study Balance as of October 27, 1992 Submitted by $ 50,000 (18,250) (2,000) (10,000) (229) (869) (5,000 ~ 13,652 Diane D. Hyatt Director of Finance N G~ ^ G~ 0 0 o ~ 0 0 o .- W W c~ ~ ¢ ¢ a ~ N d 7 C N d G~ > \ 0 d o ~ ~ M H ti ~ T ro O 7 i ~+ W r U F- ¢ Q V V ~ C LL ro O 5 V fA f d ¢ M ro 1 • E ~..,_ ~ F N Z • W O 1 w I O J 1 ¢ ++ U C fA d H E LL d r M roo r N v C 7' LL ro L d C d (.9 o CI Z O LL N d 1 7 I C w I d o ~ I > d I d \ ~ 1 ~ II i ro O I O ~ I F N I >- ro 1 V I d d I N I ~+ C I '+ 1 ro I d ro 1 L I C I ~ I I T I d I 7 1 O C I F d 1 ~ > I d I I I I N I T d 1 •-+ 7 1 t C I t+ d I C > I O d i S I I I I t d I lT l I 7 1 I I 1 aODOMM o~111 7 o N o N a ^ 7 o N N N N .-- M7 a7b0a--~ o+NQ0a0 t`ot-71 7 l11 ^ a ~ ? 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ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: October Report on 1991 Water Projects COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In order to keep the Board of Supervisors informed, staff will provide a monthly report on the progress of the Spring Hollow Reservoir Project, Water Treatment Plant Project and the Water Transmission Line Project. SPRING HOLLOW RESERVOIR PROJECT The construction of the reservoir is now in its eleventh month and the project is on schedule. Construction activity during the last month included: ° Completion of reservoir grouting ° Completion of east dam foundation grouting ° Completion of dam foundation excavation ° Completion of cut-off trench excavation ° Completion of pump house excavation ° Installation of 54 inch culverts in stream bed ° Construction of pre-cast concrete panels for dam face ° Development of the quarry area ° Stone crushing operation started ° Poured concrete for pump station intake and wall sections The current projected Contract Total Cost including existing and pending change orders remains unchanged from last month and is $24,245,000.00. ,~,, During the next month, the contractor will perform the following: ° West dam foundation grouting ° Place dental concrete on east dam foundation ° Continue quarry and crushing operation ° Construct water lines across Roanoke River ° Begin construction on intake tower and gate house ° Continue concrete work on pump house and river intake ° Continue casting pre-cast concrete panels Funds expended to date for the construction phase of the reservoir are $5,520,063.18 and $810,970.54 for engineering construction phase services. WATER TREATMENT PLANT The design on the Water Treatment Plant continues in the design phase. No new developments have occurred during the past month. The pilot water treatment plant at the Glenvar site is operated 24 hours per day, five days per week with data provided to the State Health Department for review. The pilot continues to produce a high quality finished water. During the next month staff will continue to operate the pilot water treatment plant at the Glenvar site. WATER TRANSMISSION LINE The following work continues on the Water Transmission Line: ° Final route selection ° Title certification ° Easement negotiation ° Obtaining easements ° Preparation of construction drawings SUBMITTED BY: \ ~!~ . ~ ,~ -o Cliffor aig, P.E. Utility Director C.I Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION APPROVED: Elmer C. Hodge County Administrator Eddy Johnson Kohinke Minnix Nickens VOTE No Yes Abs ACTION # ITEM NUMBER / M """ AT A REGIILAR MEETING OF THE BOARD OF SIIPERVISORS OF ROANORE COIINTY, VIRGINIA HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Status Report on Roanoke Valley Resource Authority Solid Waste Facilities COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is a copy of the Roanoke Valley Resource Authority project status report for October, 1992. Please note the adjustments made to the schedules. The tipper and maintenance facility was readvertised on October 18, 1992, with receipt of bids scheduled for November 12. A prebid conference will be held on October 28 at 10:00 a.m. The completion period will be shortened to meet deadlines. Construction bids for the Transfer Station were received on September 30, 1992, from six (6) companies, with bids ranging from $5,091,000 to $5,448,000. Thor, Inc. submitted the lowest bid and was awarded the contract. The award is contingent on the use of additional funds from the Landfill Board. Demolition is nearing completion on the site and it is expected that construction will begin on schedule. The Part B permit has tentatively been approved with a public hearing scheduled for December 1, 1992, at 7 p.m. at the City Municipal Building. The site work at the landfill continues to progress with no delays due to weather in the month of September. Norfolk Southern has completed 60~ of all drainage work and 25$ of grading on the rail spur. No delays in completion are expected. The rail car dumper is being fabricated and is approximately 90~ complete. Rail car bids have been received by Norfolk Southern and rail cars will be ordered in February or March. Costs are expected to be within original estimates. Progress continues to be made, however, delays have resulted in modified schedules and completion dates. t Also, attached is a copy of a recent article that appeared in the Richmond Times Dispatch dedicated to the project. Respectfully submitted: ~~, y ~~ ohn R. Hu bard Chief Executive Officer Roanoke Valley Resource Authority Approved ( ) Denied ( ) Received ( ) Referred ( ) to Motion by: No Eddy _ Johnson _ Kohinke Minnix _ Nickens Yes Abs PROJECT STATUS ROANOKE VALLEY RESOURCE AUTHORITY TOTAL SYSTEM SCHEDULE 1992 1993 % J F M A M J J A S O N D J F M A M J J A S O N D C WORK ITEMS A E A P A U U U E C O E A E A P A U U U E C O E O N B R R Y N L G P T V C N B R R Y N L G P T V C M U R C I E Y U T 0 E E U R C I E Y U T 0 E E P A U H L S E B M M A U H L S E B M M L R A T M E B B R A T M E B B E Y R B R E E Y R B R E E T Y E R R Y E R R E R R ~~ LANDFILL Part B A royal PP RAIL TRANSPORT Rail S ur P 25 Rail Cars 0 Car Dum er P 50 FINANCIAL STATUS WILL BE PREPARED FOR NOVEMBER REPORT COMPONENT ESTIMATED COSTS Landfill 814,145,450 Transfer 5,947,202 Transportation 9,000.000 TOTAL 829,092,652 FINANCIAL STATUS ACTUAL TO DATE % TOTAL 10/92 n-~ Valley areas hook up for. trash project E,~i-t will use a train to connect uaaste transfer station and landfill BY101iN NOKE 7has-DtsPerat Srai=r Wart aMNOra -Roanoke Valley k>- calities have begun a cooperative downtow~sart c~L re~onal Lurdfill At kart that's where they will be town is actually the fast atop for the valley's garbage - an attractive dump depot from which the darly 700 tons of waste wt71 be whisked by rat? 33 miles to the far side of Fort Lewis Mountain on a nightly trash train. Tbe ;wi6 mt'IIion Smith Gap Land- fill project is touted as an innovative public-private partnership and the first use of rail as the sole transpor- tati~ link between asolid-waste transfer station and a landfill. '"Phis is a model of how localities should approach this problem, by working together and working with /f It tf.QS 110 COri~SE fOr us. It was either' One i1'CSt1i Or' 80 Of thOSe ~ ~1'fIG~CS. )! lOrNlitllfAND Roanaoz VAUSr Rasouacs Avnroartx private industry," said Roanoke County Administrator ELner C. Hodge. "I don't think any of us could have done this akme. We might have built a smaller landfill that would have lasted 10 or 15 years Here we have a landfill that will last all of ua 70 years" Norfolk Southern, which has a 25-year cmtract to run the trash train, sees waste hauling as a bright new opporhmity in as otherwise flat industry. The rarlrcad plans to show off the Waste Line F.xpreas, as it officially sst71 be known, to prospec- tive customers. "We as show them this can be done in a costtdficient manner and one that is relatively benign to the environment," said Kim Greer, Norfolk Southern's manager of en- vironmental services. The >endRll system is relatively simple in concept, The from Roanoke, Roanoke amity Salem (which hasn't signed the landfill pact, but is expected to shortly) and the fawn of Vinton - some300 tmc]doada dally-sat71 be taken to a transfer station undhr consttuction just off US. 460. Inside the brick-faced transfer station, designed to match the rail- road style of the older buildings in the industrial area, the trash trucks will dump the garbage onto an en- closed oortcrete pad Loaders w0I push the garbage into specal gon- dola cars waiting in a pit at the other end of the building. Every weekday night, a Norfolk Southern locomotive will pull the lo- to 12-car trash train to the Smith Gap Landfill, being construet- ed to stateof-the-art standards on 1,200 acres m western Roanoke County neaz the Montgomery County line. . At the landfill, a rotary dumper will empty the rat? cars inside a tipping station, where the garbage wt71 be loaded onto 3Ston off-road dump trucks for the one-mHe hip up the mountain to the natural hoflows that wiD form tbe Iaad6Il. John Hubbard, executive director of 'the Roanoke Valley Resource Authority. said Smitlt Gap wt71 open in November nest year, in time to replace the almost-full regional landfill east of Vinton. Dozens of landfill sites and trans- portation methods were considered before the Smith Gap combination was selected, Hubbard said "We looked at a tram, a ski-type thing; wE looked at a gravity slide- We kwked at aII scats of crazy things. They were unique ideas," be sard "EnvironmentaDy and safety- wise, it was no contest for us. It was either one train or 80 of those big trucks." The only access to the landfill is along narrow, winding Bradshaw Road - a ZO-mrle trip inappropriate for large trucks. Also considered was the construction of a new, steep road across Fort Lewis Road. Although there was conaidrlable opposition to the landfill site, the use of rail eliminated the threat of constant truck traffic and made the choice more palatable for the Brad- shaw community, Hubbard said. The use of rail also wt71 allow efficiendes in the operation of the LmdfiII, Hubbard said. Because the trash w01 arrive at once, the landfill will need oa'- a single shdt, Monday through Friday. The transfer station wHl operate longer hours Monday throttglt Saturday. Rat? tanker raze also will be used to transport landfill leachate to the regional waste treat- ment system. NosfoIIr Southern is spending =95 million to but7d a 5.5-mile spur line to the hurdfill and to buy the car Wadumper~ 30 specialty designed Ezpress cars. be said. Because loosely compacted gar- bage has more volume than weight, the ara wr71 be among the lazgest on the rails. carrying 65 tons each. Each watertight car will have a lid 'that wID be Idled off um the ttansfer and tipping stations "It's a totally enclosed system," Greer said "Even though this is unique right nosy, we are lookitrg at a lot of other cities" Norfolk Southern is close to an ' agreement with Durham, N.C., for a solid waste haulage program there, and is negotiating with Chicago'and Cook County, III., for a piece of their 25,000 tons of dally waste, trove shipped by truck. "We hope to get between 3,000 and 5,000 of those tons," Greer said In Roanoke, Norfolk Southem expect to make about E1.6 million a yeaz from the expected 3,000 raft cars of trash, Greer said "This is something of a pilot for them. They plan to bring people out here to promote it," Hubbard said. "R'e got a good deal, I think. They are ahome-grown company. Trash train Above photo shows artist's conception of transfer statbn on Hollins Road in Roanoke, hash trucks wilt dump garbage Inside the building, where bulldozers will push it Into special 2il cars. Artist's conception bebw shows the tipping bulding at Smith Gap landfill. the special rail cars filled with Roarake area garbage are emptied in this building by a rotary dumper, similar to those used at coal yards. Bulldozers then push the garbage into dump trucks, which take it up the mountain to the landfill. Roanoke, Roanoke County, Vinton and possiby Salem are planning to load garbage on rail cars at a downtown transfer station and haul it to a tipping station at the Smith Gap LarWfill. • lOM a09Op1 ACTION NO. ~,~ ITEM NUMBER I~'"" AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Report on Request from Literacy Volunteers of America for Surplus Computer - COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: On October 13, 1992, staff requested that the County donate a surplus computer to Literary Volunteers of America - Roanoke Valley. The Board directed staff to first ascertain whether any County department had a need for the computer. We regret that we are unable to accommodate their request. The Roanoke County Department of Social Services has expressed a need for the surplus computer. The Literacy Volunteers of America - Roanoke Valley is an excellent program and we commend their efforts. We will continue to look for computer equipment to meet their needs and will include them for consideration in next year's budget for contributions to human services agencies. Approved by Cy~~~ '' Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred ( ) Kohinke To ( ) Minnix Nickens October 27, 1992 EXECUTIVE SESSION County staff requests the Board to adopt a motion to enter into executive session within the provisions of the Virginia Freedom of Information Act as follows: (a) to discuss the disposition of publicly-held real estate in accordance with Section 2.1-344.A.3. of the Code of Virginia, 1950, as amended. AT A REGIILAR MEETING OF THE BOARD OF SOPERVISORS OF ROANORE COONTY, VIRGINIA, HELD AT THE ROANORE COIINTY ADMINISTRATION CENTER ON TIIESDAY, OCTOBER 27, 1992 RESOLIITION 102792-11 CERTIFYING E7CECIITIVE MEETING NAS HELD IN CONFORMITY KITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Nickens to adopt the certification resolution, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Nickens, Eddy NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: Brenda J. lton, Deputy Clerk Roanoke County Board of Supervisors cc: File Executive Session AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-12 TO AMEND AND REENACT CHAPTER 13, OFFENSES-MISCELLANEOUS, BY ADDING ARTICLE II, NOISE, AND BY DELETING SEC. 13-3, NOISE, OF THE ROANORE COUNTY CODE 9-~ WHEREAS, excessive noise can be detrimental to the health and welfare of the citizens of Roanoke County and can degrade the quality of life which the citizens of this County seek to enjoy; and WHEREAS, the first reading of this ordinance occurred on September 22, 1992, and the second reading of this ordinance occurred on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses-Miscellaneous" be amended and reenacted by the addition of Article II, "Noise" as follows: Sec. 13-16. Short Title. This Article shall be known as the "Noise Ordinance of the County of Roanoke, Virginia." SeC. 13-17. D@C13r8tlOn Of PO11Cy. It is hereby declared to be the public policy of the County of Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County Utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean a self-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three- wheelers) as defined in § 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. 2 Sec. 13-19. Exceptions from this Article. The provisions of this Article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3) Sound generated from school or County sponsored athletic or recreational events; (4) Sound generated by activities which are an official or approved part of any County or State approved or licensed festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in commercial and industrial zoning districts which are necessary and incidental to the uses permitted therein; and (6 ) Sound for which a variance has been granted in accordance with Sec. 13-23 of this Article. Sec. 13-20. General Prohibition. In addition to the specific prohibitions contained in this Article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the County. Sec. 13-21. Specific Acts as Noise Disturbances. The following acts are declared to be noise disturbances in violation of this Article. The acts so specified shall not be 3 deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under Sec. 13-20 and provided that the acts so specified below may still constitute a noise disturbance under Sec. 13-20 independently of the hours of the day such acts take place. (1) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two residences 4 within a building or plainly audible at 50 feet from such device. (6) Using or operating a loudspeaker or other sound amplifi- cation devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property within a residential zoning district. (8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at 50 feet from such vehicle. (9) Failure to deactivate an alarm system plainly audible at 50 feet from such alarm within such reasonable time as is established by Sec 16-23 of this Code. Sec. 13-22. Penalties. A violation of any provision of this Article shall constitute a Class 1 misdemeanor. Each separate act on the part of the person 5 violating this Article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. sec. 13-23. IIndue Hardship Waiver. (a) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this Article. The Board of Supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this Article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the Board of Supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this Article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this Article. (c) No waiver, or partial waiver, issued pursuant to this Article shall be granted for a period to exceed one year, but any such waiver, or partial waiver may be renewed for successive like 6 periods if the Board of Supervisors shall find such renewal is justified after again applying the standards set forth in this Article. No renewal shall be granted except upon written application therefor. 2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby repealed. 3. That this Ordinance shall be in effect from and after November 1, 1992. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: -~~ Brenda J. H ton, Deputy Clerk Roanoke County Board of Supervisors cc: File Circuit Court C. O. Clemens, Judge Kenneth Trabue, Judge Steven A. McGraw, Clerk Family Court Services Joseph M. Clark, II, Judge Philip Trompeter, Judge Peggy H. Gray, Clerk Michael Lazzuri, Court Services Intake Counsellor General District Court John L. Apostolou, Judge George Harris, Judge Theresa A. Childress, Clerk 7 Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attorney Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue Gerald S. Holt, Sheriff Magistrates Sherri Krantz/Betty Peery John H. Cease, Police Chief John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Kenneth L. Hogan, Chief Animal Control Officer Thomas C. Fuqua, Chief, Fire & Rescue Gardner W. Smith „ Director, General Services Director, Parks & Recreation Elaine Carver, Director, Procurement John D. Willey, Director, Real Estate Assessment Michael Lazzuri, Court Services Clifford D. Craig, Director, Utility Main Library Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Code Book 8 ACTION NO. ITEM NO. -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: SECOND READING OF ORDINANCE AMENDING AND REENACTING CHAPTER 13, OFFENSES-MISCELLANEOUS, BY ADDING ARTICLE II, NOISE, AND BY DELETING SECTION 13-3, NOISE, OF THE ROANOKE COUNTY CODE COUNTY ADMINISTRATOR' S COMMENTS : ~ cG~~'u ,~'a~f +-s-~ ~t" P ~-,ate-~~,~-~~~-~-i EXECUTIVE SUMMARY: A noise ordinance parallelling ones recently adopted by the City of Roanoke and the Town of Vinton is presented for Board approval. BACKGROUND• At the request of the Board of Supervisors, the Public Safety Team and the County Attorney's Office have expended a considerable amount of time developing a noise ordinance which is similar to those of adjoining jurisdictions. Because of concerns about the enforceability of such an ordinance, the Public Safety Team has taken no specific position on this ordinance but has attempted to develop the clearest and most enforceable ordinance possible for the citizens of the County. SUMMARY OF INFORMATION: The ordinance prescribes both specific acts which are declared "noise disturbances" under Sec. 13-21 as well as a general prohibition against "noise disturbance" under Sec. 13-20. A "noise disturbance" is defined in Sec. 13-18 as encompassing three categories of sound, as follows: (1) sound which endangers or injures the safety or health of any person; (2) sound which annoys or disturbs a reasonable person of normal sensitivities; or (3) sound which endangers or injures personal or real property. A violation of either the specific or general "noise disturbance" prohibitions would constitute a Class 1 misdemeanor punishable by a maximum fine of $2,500.00 or by confinement in jail for not more than 12 months, or by both such fine and confinement, under Sec. 1-10. t~-1 The ordinance provides for certain exceptions to the applica- tion of its prohibitions including: (a) work required by a governmental emergency and .notification related to such work; (b) school or county sponsored sports or recreational events; (c) music, chimes or sounds from a place of worship; (d) sounds coming from a county or state authorized activity up until 10:00 p.m.; and (e) sounds generated within commercial or industrial zoning districts. In addition, a procedure is detailed in Sec. 13-23 for applying to the Board of Supervisors for a waiver, not to exceed one year, from the prohibitions of this ordinance. STAFF RECOMMENDATION: Staff recommends second reading and adoption of the proposed noise ordinance. The first reading of this ordinance was held on September 22, 1992. Respectfully submitted, Jo ph Obenshain S for Assistant County Attorney Action Vote No Yes Abs Approved ( ) Denied ( ) Received ( ) Referred to Motion by Eddy Johnson Kohinke Minnix Nickens 2 Q_ i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE TO AMEND AND REENACT CHAPTER 13, OFFENSES-MISCELLANEOUS, BY ADDING ARTICLE II, NOISE, AND BY DELETING SEC. 13-3, NOISE. WHEREAS, excessive noise can be detrimental to the health and welfare of the citizens of Roanoke County and can degrade the quality of life which the citizens of this County seek to enjoy; and WHEREAS, the first reading of this ordinance occurred on September 22, 1992, and the second reading of this ordinance occurred on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Chapter 13, "Offenses-Miscellaneous" be amended and reenacted by the addition of Article II, "Noise" , as follows: Sec. 13-16. Short Title. This Article shall be known as the "Noise Ordinance of the County of Roanoke, Virginia." Sec. 13-17. Declaration of Policy. It is hereby declared to be the public policy of the County of Roanoke to promote an environment for its citizens free from excessive noise that jeopardizes their health or welfare or degrades the quality of life within Roanoke County. Sec. 13-18. Definitions. The following words and phrases, when used in this Article shall have the meaning assigned to them in this section. t~_ r Emergency work shall mean work made necessary to restore property, public or private, to a safe condition following a state of emergency or a local emergency as defined by the Commonwealth of Virginia Emergency Services and Disaster Law of 1973, Chapter 3.2 of Title 44 of the Code of Virginia, 1950, as amended, or its successor, or work required to protect persons or property from immediate exposure to danger, including work performed by the Roanoke County Utility Department or by public service companies when emergency inspection, repair of facilities or restoration of services is required for the immediate health, safety or welfare of the community. Motor vehicle shall mean a self-propelled vehicle including passenger cars, trucks, truck-trailers, semitrailers, campers, racing vehicles, and any motorcycles (including, but not limited to, motor scooters, mini-bikes, all-terrain vehicles and three- wheelers) as defined in 46.2-100 of the Code of Virginia. Noise disturbance means any sound which (a) endangers or injures the safety or health of any person; (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property. Person shall mean any individual, corporation, cooperative, partnership, firm, association, trust, estate, private institution, group, agency or any legal successor, representative, agent or agency thereof. 2 q_ r Sec. 13-19. Exceptions from this Article. The provisions of this Article shall not apply to: (1) The emission of sound for the purpose of alerting persons to the existence of an emergency or to the emission of sound in the performance of emergency work; (2) Music, bells, chimes or other sounds which are emanating from a church, temple, synagogue or other place of worship; (3) Sound generated from school or County sponsored athletic or recreational events; (4) Sound generated by activities which are an official or approved part of any County or State approved or licensed festival or activity, provided such exemption shall terminate at 10:00 p.m.; (5) Sound generated in commercial and industrial zoning districts which are necessary and incidental to the uses permitted therein; and (6) Sound for which a variance has been granted in accordance with Sec. 13-23 of this Article. Sec. 13-20. General Prohibition. In addition to the specific prohibitions contained in this Article, no person shall make, continue, permit, or cause to be made, continued or permitted any noise disturbance within the County. Sec. 13-21. Specific Acts as Noise Disturbances. The following acts are declared to be noise disturbances in violation of this Article. The acts so specified shall not be 3 q_~ deemed to be an exclusive enumeration of those acts which may constitute a noise disturbance under Sec. 13-20 and provided that the acts so specified below may still constitute a noise disturbance under Sec. 13-20 independently of the hours of the day such acts take place. (i) Engaging in, or operating or causing to be operated any equipment used in the construction, repair, alteration or demolition of buildings, streets, roads, alleys or appurtenances thereto between the hours of 10:00 p.m. and 7:00 a.m. the following day. (2) Repairing, rebuilding or modifying any motor vehicle or other mechanical equipment or device between the hours of 10:00 p.m. and 7:00 a.m. the following day in a manner so as to be plainly audible across property boundaries. (3) Loading or unloading trucks outdoors within 100 yards of a residence between the hours of 10:00 p.m. and 7:00 a.m. the following day. (4) Sounding the horn or warning device of a vehicle, except when necessary as a warning during the operation of the vehicle. (5) Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph or any other device for the production of sound, between the hours of 10:00 p.m. and 7:00 a.m. the following day, at a volume sufficient to be plainly audible across property boundaries or through partitions common to two residences 4 9- ~ within a building or plainly audible at 50 feet from such device. (6) Using or operating a loudspeaker or other sound amplifi- cation devices in a fixed or movable position exterior to any building, or mounted upon any motor vehicle or mounted in the interior of a building with the intent of providing service to an exterior area for the purpose of commercial advertising, giving instruction, information, directions, talks, addresses, lectures, or providing entertainment to any persons or assemblage of persons on any private or public property, between the hours of 10:00 p.m. and 7:00 a.m. the following day. (7) Using or operating any motor vehicle without factory installed mufflers or their equivalent, on any public street or road in the county or on private property within a residential zoning district. (8) Using a radio receiving set, an audio cassette player, a compact disc player, or other device for the production of sound in a motor vehicle at a volume sufficient to be plainly audible at 50 feet from such vehicle. (9) Failure to deactivate an alarm system plainly audible at 50 feet from such alarm within such reasonable time as is established by Sec 16-23 of this Code. Sec. 13-22. Penalties. A violation of any provision of this Article shall constitute a Class 1 misdemeanor. Each separate act on the part of the person 5 Q-~ violating this Article shall be deemed a separate offense, and each day a violation is permitted to continue unabated shall constitute a separate offense. Sec. 13-23. Undue Hardship Waiver. (a) Any person responsible for a noise source may apply to the Board of Supervisors for a waiver, or partial waiver, from the provisions of this Article. The Board of Supervisors may grant such waiver, or partial waiver, upon a finding that either of the following circumstances exists: (1) The noise does not endanger the public health, safety or welfare; or (2) Compliance with the provisions of this Article from which a waiver is sought would produce serious economic hardship without producing substantial benefit to the public. (b) In determining whether to grant such waiver, the Board of Supervisors shall consider the time of day the noise will occur, the duration of the noise, whether the noise is intermittent or continuous, its extensiveness, the technical and economic feasibility of bringing the noise into conformance with this Article and such other matters as are reasonably related to the impact of the noise on the health, safety and welfare of the community and the degree of hardship which may result from the enforcement of the provisions of this Article. (c) No waiver, or partial waiver, issued pursuant to this Article shall be granted for a period to exceed one year, but any such waiver, or partial waiver may be renewed for successive like 6 ~Wl periods if the Board of Supervisors shall find such renewal is justified after again applying the standards set forth in this Article. No renewal shall be granted except upon written application therefor. 2. That Sec. 13-3. "Noise" of the Roanoke County Code is hereby repealed. 3. That this Ordinance shall be in effect from and after November 1, 1992. c:\wp50\agenda\noise.ord 7 11IIIIIIIIIIIIIIIilllllllllllllillllllllilllllllllil1111111111111111111111111111111111111111111111111111111111111111111111111111111 APPEARANCE = REQUEST AGENDA ITEM NO. , -- ~' SUBJECT ' \` _. ~..~ ~ _ ; .., V I would like the Chairman of the Board of Supervisors to = recognize me during the public hearing on the above matter - so that I may comment.WHEN CALLED TO THE PODIUM , = I WILL GIVE MY NAME AND ADDRESS FOR THE ' RECORD. I AGREE TO ABIDE BY THE GUIDELINES = LISTED BELOW. ; • Each speaker will be given between three to five minutes to comment = whether speaking as an individual or representative. The chairman will _= decide the time limit based on the number of citizens speaking on an issue , and will enforce the rule unless instructed by the majority of the Board to c do otherwise. - . • Speakers will be limited to a presentation of their oint of view onl y Ques- = Lions of clarification may be entertained by the Chauman. _ • All comments must be directed to the Board. Debate between a recognized c c speaker and audience members is not allowed. - - : w _- Both speakers and the audience will exercise courtesy at all times. _ = c - - Speakers are requested to leave any written statements and/or comments - = with the clerk. _ - - • INDIVIDUALS PURPORTING TO SPEAK FOR AN ORGANIZED - GROUP SHALL FILE WITH THE CLERK WRITTEN AUTHORIZATION "c FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT - - M. - PLEASE PRINT LEGIBLY AND GIVE TO DEPUTY CLERK _ - _ - ,, - NAME---_- ~- ~~~, ~ ~ ~ _ r ~~~. ~~ ~ - - _ ~ ... = - - - - - ~ ADDRESS ~-; `- ' `~ ~ ~ ~ ~'' , ~ _'~~~~- (-'1'C - - - - = PHONE 1` , -,~~ - ~~~- ~. ~ - - - - = _ mlllllllllllllllllllllllilllllllillllililllllilllillllllilllllilillllllllllllllllllliiliilllillllllllllllllllllilllllllilillillll~ c~ -a AT A REGIILAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TIIESDAY, OCTOBER 27, 1992 ORDINANCE 102792-13 VACATING AND CLOSING A 50- FOOT UNIMPROVED AND UNNAMED RIGHT-OF-WAY LOCATED IN THE BRYVIEW SUBDIVISION (PB 3, PAGE 80), CATAWBA MAGISTERIAL DISTRICT WHEREAS, William H. and Norma J. Musselman, the petitioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close a 50-foot unimproved and unnamed right-of-way located in the Skyview Subdivision between Lot 10 and Lot 39; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the public hearing and second reading of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 50-foot unimproved and unnamed right- of-way approximately 140 feet long located in the Skyview Subdivi- sion between Lot 10 and Lot 39 and dedicated to Roanoke County by plat of Skyview Subdivision found in Plat Book 3 at page 80 in the Office of the Clerk of the Circuit Court of Roanoke County, be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a property interest in 0.028 acres located at both ends of the 50-foot right-of-way for possible future use as turnarounds should Shirey Road and Eddies Road become eligible for acceptance into the Virginia Department of Transporta- tion secondary system; and, 3. 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. 4. That William H. and Norma J. Musselman shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. On motion of Supervisor Kohinke to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney Terrance L. Harrington, Director, Planning & Zoning ACTION # ITEM NUMBER o' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Approval to vacate and close a 50 foot unimproved and unnamed right-of-way located in the Skyview Subdivision and recorded in Plat Book 3, Page 80, located in Catawba Magisterial District COUNTY ADMINISTRATOR' S COMMENTS : ,/~~,,.,~,.tiu~ ~~~'~'~`( EXECUTIVE SUMMARY: The petitioners, William H. and Norma J. Musselman are requesting that the Board of Supervisors vacate a 50 foot right- of-way as described above, by ordinance, in order to improve the utilization of the property. BACKGROUND The petitioners, William H. and Norman J. Musselman, the current owners of most of the property surrounding the right-of- way including the property on both sides of the road in question, are requesting the Roanoke County Board of Supervisors, by ordinance, to vacate an unimproved and unnamed 50 foot right-of- way, shown on the plat of the Skyview Subdivision, recorded on November 2, 1950. The right-of-way requested to be vacated is 50 feet in width and approximately 140 feet in length and located between the intersections of Shirley Road and Eddies Road (refer to attached map). Shirley Road and Eddies Road which provide access to the existing lots of record in the Skyview Subdivision are not presently in VDOT's Secondary Road System. The petitioners are requesting the vacation in order to improve utilization of their property. qa SUMMARY OF INFORMATION Roanoke County is requesting that the described right-of-way, be vacated in accordance with Chapter 11, Title 15.1-482(b), Code of Virginia, 1950, as amended, by the attached ordinance. County staff has no objections to the vacation on the following condition, the County retains the right-of-way delineated on the attached map. Since Shirley Road and Eddies Road may be eligible in the future under Roanoke County's Rural Addition Program for acceptance into VDOT's Secondary Road System, the right-of-way is necessary to provide the appropriate turnarounds. The first reading of the proposed ordinance was held on October 13, 1992; Public Hearings and second reading is scheduled for October 27, 1992. STAFF RECOMMENDATION The County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate the referenced right-of- way and instruct the County Attorney, in the preparation of the ordinance, to retain the right-of-way as shown on the attached map. MITTED BY: APPROVED BY: Arnold Covey, Directo Elmer C. Hodge of Engineering & Insp ctions County Administrator --------------------------------------------------------------- Approved ( ) Denied ( ) Received ( ) Ref erred To Motion by: ACTION Eddy Johnson Kohinke Minnix Nickens VOTE No Yes Abs pc: Paul Mahoney, County Attorney 2 ~- ~ NORTH SKYCOE pRIVE ~~ /,y1 ~1 SKYVIEW SUBDIVISION PLAT BOOK 3, PAGE 80 ~OP~ LOT 39 TAX MAP NO. X3.01-2-4B 50' RIGHT-OF-WAY TO BE VACATED s AREA RETAINE o~~ BY ROA. CO. 'oo$, LOT 42 LOT 10 ~ TAX MAP. 45.01-2-43 Q LOT 9 ~~P LOT 41 TAX MAP N0. ! G) 45.01-2-44 Q\ `O LOT 5 ~~ S ~^ ROANOKE COUNTY ENGINEERING & REQUEST TO VACATE AN UNNAMED ROAD INSPECTIONS DEPARTMENT LOCATED IN SKYVIEW SUBDIVISION 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE VACATING AND CLOSING A 50-FOOT UNIMPROVED AND UNNAMED RIGHT-OF-WAY LOCATED IN THE SKYVIEW SUBDIVISION (PB 3, PAGE 80), CATAWBA MAGISTERIAL DISTRICT WHEREAS, William H. and Norma J. Musselman, the petitioners, have requested the Board of Supervisors of Roanoke County, Virginia to vacate and close a 50-foot unimproved and unnamed right-of-way located in the Skyview Subdivision between Lot 10 and Lot 39; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the public hearing and second reading of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 50-foot unimproved and unnamed right- of-way approximately 140 feet long located in the Skyview Subdivi- sion between Lot 10 and Lot 39 and dedicated to Roanoke County by plat of Skyview Subdivision found in Plat Book 3 at page 80 in the Office of the Clerk of the Circuit Court of Roanoke County, be, and hereby is, vacated pursuant to Section 15.1-482 (b) of the 1950 Code of Virginia, as amended; and, 2. That as a condition of the adoption of this ordinance, the County reserves and retains a property interest in 0.028 acres located at both ends of the 50-foot right-of-way for possible Q-a future use as turnarounds should Shirey Road and Eddies Road become eligible for acceptance into the Virginia Department of Transporta- tion secondary system; and, 3. 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. 4. That William H. and Norma J. Musselman shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction. c:\wp51 \agenda\vacation\mussel. man ~r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE 102792-14 VACATING A 20-FOOT DRAINAGE EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, HOLLINS MAGISTERIAL DIBTRICT WHEREAS, F & W Community Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate approximately 479 linear feet of a twenty (20') foot drainage easement which is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood, Section 7 in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the second reading and public hearing of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That approximately 479 linear feet of a twenty (20') foot drainage easement located on the rear property line of Lots 21, 22, 23, 24, and 25 in the Orchards, Applewood, Section 7 (PB 13, page 73) in the Hollins Magisterial District be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, 2. That this ordinance shall be in full force and effect of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. 3. That F & W Community Development Corporation shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by F & W Community Development Corporation, its heirs, successors, or assigns. On motion of Supervisor Minnix to adopt the ordinance, and thirty (30) days after its final passage. All ordinances or parts carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: Brenda J. Ho on, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Paul M. Mahoney, County Attorney Terrance L. Harrington, Director, Planning & Zoning ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER MEETING DATE: October 27, 1992 AGENDA ITEM: Approval to Vacate a 20 foot Drainage Easement recorded in Plat Book 13 , Page 7 3 , located on the rear property line of Lots 21, 22, 23, 24 and 25 in the Orchards, Applewood, Section 7, located in the Hollins Magisterial District COUNTY ADMINISTRATOR'S COMMENTS: f:. ~'r*'~'ri'"a.S EXECUTIVE SUMMARY: The petitioner, F & W Community Development Corporation is requesting that the Board of Supervisors vacate approximately 479 linear feet of a 20 foot Drainage Easement by Ordinance. BACKGROUND F & W Community Development Corporation request involves vacating approximately 479 linear feet of a 20' Drainage Easement located on Lots 21, 22, 23, 24 and 25 of the Orchards, Applewood, Section 7. A site inspection conducted by Lumsden & Associates (Engineer for Developer) and County staff determined that since the drainage easement does not convey any concentrated runoff from a public right-of-way or adjacent development, the easement is not warranted. SUMMARY OF INFORMATION Roanoke County Engineering staff is requesting that the described drainage easement be vacated in accordance with Chapter il, Title 15.1-482(b), Code of Virginia 1950, as amended. ~~ The f first reading of the proposed Ordinance was be held on October 13, 1992; Public Hearings and second reading is scheduled for October 27, 1992. FISCAL IMPACT: None STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed Ordinance to vacate the 20 foot drainage easement and instruct the County Attorney to prepare the necessary Ordinance. BY: Arnold Covey, DirectorlOf Engineering & Inspectio s APPROVED BY: Elmer C. Hodge County Administrator --------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Johnson Referred Kohinke To Minnix Nickens pc: Paul Mahoney, County Attorney 2 ...,. . •, ' _ ~ B~`EPnic yC .7174 z ~ ~ PL uq 6S wf \\ . - p~FS( v'. t OBE F `~„ .. 9 s • , ti' 1 P' oc~ FOR ~'• GL40f ~ \~ ~I •1200 ¢ G,} ffk .\ ~' I "' UNTRI GE II / ON CK o \ -- ~ ~ _ _:~ VICINITY 11IAP~. -------~----- ~ -~~ -_~ ~~ ~ NORTH ~ ~R~MA~ c'~F,p d~I~ F APPLEW^^D, SECTI^N 7 PLAT B^^K 13. PAGE 73 i~ TAX MAP NO. 40.09-5-5 L^T 21 EXIST. 7.5' D. E, TAX MAP N0. 40,09-3-1 ~~ I ~~~] L ^ T 2 5 ~ ~`' S' PAJ.E. ti ~ / \`~ TAX MAP N0. 1 ' 2 qV ~) 40.09-5-2 1 '~ L^T 24 ~ ~ ~ 20' DRAINAGE ~ P M~ ~~ EASEMENT T^ BE 4009-- s -3 ti~°• VACATED C0.21Ac ) LOT 23 , TAX MAP NO, 40.09-5-4 °O oo• L^T 22 ti o~ ~°o ~~ p2• ROANOKE COUNTY TO VACATE THE 20 FOOT DRAINAGE EASEMENT RECORDED I N ENGINEERING & PLAT BOOK 13, PAGE 73, LOCATED ON LOTS 21, 22, 23, 24 AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, LOCATED iN THE INSPECTIONS DEPARTMENT MAGISTERIAL DISTRICT OF HOLLINS 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 1992 ORDINANCE VACATING A 20-FOOT DRAINAGE EASEMENT LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, HOLLINS MAGISTERIAL DISTRICT WHEREAS, F & W Community Development Corporation has requested the Board of Supervisors of Roanoke County, Virginia to vacate approximately 479 linear feet of a twenty (20') foot drainage easement which is located on Lots 21, 22, 23, 24, and 25 of the Orchards, Applewood, Section 7 in the Hollins Magisterial District as shown in Plat Book 13, at page 73 of record in the Clerk's Office of the Roanoke County Circuit Court; and, WHEREAS, Section 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by Section 15.1-431 of the 1950 Code of Virginia, as amended, and a first reading of this ordinance was held on October 13, 1992; the second reading and public hearing of this ordinance was held on October 27, 1992. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That approximately 479 linear feet of a twenty (20') foot drainage easement located on the rear property line of Lots 21, 22, 23, 24, and 25 in the Orchards, Applewood, Section 7 (PB 13, page 73) in the Hollins Magisterial District be, and hereby is, vacated pursuant to Section 15.1-482(b) of the 1950 Code of Virginia, as amended; and, t~- 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. 3. That F & W Community Development Corporation shall record a certified copy of this ordinance and plat with the Clerk of the Circuit Court and shall pay all fees required to accomplish this transaction and in addition, shall be responsible for all costs and expenses associated herewith. 4. That as a further condition to the adoption of this ordinance, the Board of Supervisors of Roanoke County, Virginia, shall be indemnified of and held harmless from and against all claims for damages to any improvements or structures within the old easement area by F & W Community Development Corporation, its heirs, successors, or assigns. c:\wp51\agenda\vaeation\orchards.de d- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANORE COUNTY, VIRGINIA, HELD AT THE ROANORE COUNTY ADMINISTRATION CENTER, TIIESDAY, OCTOBER 27, 1992 ORDINANCE 102792-15 TO CHANGE THE ZONING CLASSIFICATION OF A 3.09-ACRE TRACT OF REAL ESTATE LOCATED AT THE INTERSECTION OF BUCK MOUNTAIN AND STARREY ROADS (TA% MAP NO. 97.07- 2-80) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-5 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF PALM HERMITAGE CORPORATION WHEREAS, the first reading of this ordinance was held on September 22, 1992, and the second reading and public hearing was held October 27, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 6, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.09 acres, as described herein, and located at the intersection of Buck Mountain and Starkey Roads, (Tax Map Number 97.07-2-80) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-5, Townhouse District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Palm Hermitage Corporation. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. No driveways for residences shall enter from Buck Mountain Road. 4. b. No street developed on this property will be extended to adjoining property. That said real estate is more fully described as follows: Commence at boundary corner 30 on the Plat of Section 1, "Branderwood," prepared by Buford T. Lumsden & Associates, P.C., recorded in Plat Book 9, page 351 of the Clerk's Office of the Roanoke County Circuit Court. Corner 30 being the northwesterly corner of Lot 10, Block 1 of the aforesaid subdivision plat and the POINT OF BEGINNING; thence along the westerly line of the property shown as "Property of Lobo Investors, DB 1217, Pg. 483," said line also being the easterly line of the property shown as "Property of Fralin & Waldron, Inc., DB 860, Pg. 305" on the aforesaid plat, run N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the southerly right-of-way of Starkey Road (Va. Secondary Route 904); thence along the southerly right-of-way line of said Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to a point where said Starkey Road and Buck Mountain Road (Va. Secondary Route 679) intersect; thence along the southerly right- of-way line of said Buck Mountain Road, run N. 87 deg. 02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid plat, corner 40 being the intersection of said Buck Mountain Road and Branderwood Drive (Va. Secondary Route 1960); thence with the westerly right-of-way line of said Branderwood Drive along the arc of a curve to the right 41.68 feet, said curve having a delta of 90 deg. 06 min. 50 sec., a radius of 26.50 feet, a chord bearing of S. 47 deg. 54 min. 20 sec. E., a chord distance of 37.52 feet to corner 39 of the aforesaid plat; thence continuing along the westerly right-of-way line of said Branderwood Drive, along the arc of a curve to the left 160.61 feet, said curve having a delta of 28 deg. 18 min. 17 sec., a radius of 325.11 feet, a chord bearing S. 17 deg. 00 min. 05 sec. E., a chord distance of 158.98 feet to corner 38 of the aforesaid plat; thence leaving the westerly right- of-way line of said Branderwood Drive and along the northerly property lines of Lot 1, Block 1 of the aforesaid plat, the following two courses: S. 72 deg. 31 min. 00 sec. W. 52 feet to corner 37 of the aforesaid plat; thence S. 17 deg. 28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid plat; thence leaving Lot 1 and along the northerly property line of Lot 5, Block 1 of the aforesaid plat, run S. 81 deg. 22 min. 00 sec. W. 35 feet to corner 35 of the aforesaid plat; thence leaving Lot 5 and along the northerly property line of Lot 8, Block 1 of the aforesaid plat the following two courses: N. 60 deg. 22 min. 00 sec. W. 81 feet to corner 34 of the aforesaid plat; thence N. 86 deg. 27 min. 00 sec. W. 97 feet to corner 33 of the aforesaid plat; thence leaving Lot 8 and along the northerly property line of Lot 9, Block 1 of.the aforesaid plat the following two courses: S. 75 deg. 17 min. 00 sec. W. 95 feet to corner 32 of the aforesaid plat; thence S. 51 deg. 55 min. 00 sec. W. 95 feet to corner 31 of the aforesaid plat, a point on the northeasterly property line of Lot 10, Block 1 of the aforesaid plat; thence along the northerly property line of Lot 10 N. 57 deg. 57 min. 00 sec. W. 122.42 feet to corner 30 of the aforesaid plat, the PLACE OF BEGINNING and containing 142,056 square feet, 3.261 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Kohinke, Minnix, Eddy NAYS: None ABSENT: Supervisors Johnson, Nickens A COPY TESTE: ~V ~~ Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning John D. Willey, Director, Real Estate Assessment Paul M. Mahoney, County Attorney -Y PETITIONER: PALM HERMITAGE CORPORATION CASE NUMBER: 18-10/92 Planning Commission Hearing Date: October 6, 1992 Board of Supervisors Hearing Date: October 27, 1992 A. REQUEST Petition of Palm Hermitage Corporation to rezone 3.09 acres from R-5 to R-1 to construct single family homes, located at the intersection of Buck Mountain and Starkey roads, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION The Commission asked about the vacant parcel (end of cul de sac) shown on the concept plan. Mr. Boone said the unnumbered lot will hold a retention pond that will be dedicated to the home owners' association. D. PROFFERED CONDITIONS 1) No driveways for residences shall enter from Buck Mountain Road. 2) No street developed on this property will be extended to adjoining property. E. COMMISSION ACTION(S) Mr. Witt stated that his concern about driveways onto Buck Mountain Road has been addressed by the proffers. He moved to recommend approval of the petition with proffered conditions. The motion carried with the following roll call vote: AYES: Gordon, Robinson, Hooker, Witt, Massey NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: Concept Plan _ Vicinity Map Staff Report _ Other artley, Alterry~te Secretary ke County Planning Commission ~' 4. STAFF REPORT CASE NUMBER: 18-10/92 PETITIONER: PALM HERMITAGE CORPORATION REVIEWED BY: ANITA MCMILLAN DATE: OCTOBER 6,~~1992 Petition of Palm Hermitage Corporation to rezone 3.09 acre tract from R- 5Conditional to R-1, Residential to construct single family homes, located along the south side of Buck Mountain Road (VA 679), 543 feet west from its intersection with Branderwood Drive (VA 1960.) in the Cave Spring Magisterial District. NATURE OF REQUEST a. Unconditional request to construct detached single family homes on 12 individual lots in Section 6 of Branderwood Subdivision. b. Attached concept plan and vicinity map describe the project more fully. Petitioner has not proffered the submitted concept plan as a condition of development. APPLICABLE REGULATIONS a. The proposed R-1 single-family residential district permits single family home construction and sale in addition to a limited number of other uses such as country clubs, churches, community clubs, and public organization uses. b. Site plan review will be required to ensure compliance with County regulations. c. Private entrance permit will be required from VDOT. SITE CHARACTERISTICS TOPOGRAPHY: Relatively flat; no apparent natural drainageways on site. GROUND COVER: Densely wooded with high quality white, Northern red, black and chestnut oaks, red maple, black gum, shortleaf and Virginia pines. AREA CHARACTERISTICS FUTURE GROWTH PRIORITY: Situated within the Cave Spring Community Planning Area. Designated as a stable growth area; currently receiving urban services. General area is developed with single and multifamily residential, institutional, limited office and commercial uses, general retail and scattered woodland. 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. 49• RATING FACTOR COMMENTS LAND USE COMPATIBILITY 3 COMPREHENSIVE PLAN: 1985 Comprehensive Development Plan has placed this area within a Core land use category. This designation encourages the development of high and middle-high density residential and discourages middle and low density residential development. Proposed density of development is 3.88 units per acre. 2 SURROUNDING LAND: Single and multifamily residential, secondary highways, and recreational uses. 2 NEIGHBORING AREA: Single and multifamily residential, secondary highways, office and institutional, and general retail. 2 SITE LAYOUT: 12 lots will be served by a cul-de-sac coming off the existing Branderwood Drive. Staff is seeking the prohibition of any private driveways from Buck Mountain Road. 2 ARCHITECTURE: 2-story Colonial similar to the design of the existing homes in Branderwood Section 5. 3 SCREENING AND LANDSCAPING: None required per ordinance. Va Department of Forestry has recommended selective retention of trees throughout the site, taking care to protect trees from construction related damage caused by soil compaction and physical damage to trunks and roots. More active protection should be employed to avoid future problems and to assure vegetation. 2 AMENITIES: Parking will include private driveways off cul-de-sac leading to proposed single or double garages for each unit. 3 NATURAL FEATURES: Other than selected tree retention and the maintenance of existing buffer adjoining the South side of Buck Mountain Road, property will be fully developed. TRAFFIC 2 STREET CAPACITIES: Average Daily Traffic (ADT) for Branderwood and Whipplewood Drive (VA 1961) is not available. Between October and November 1990, the ADT on Starkey Road (VA 904) from Electric Road (VA 419) to .11 miles south of Electric Road was 12,334. Between January 1987 and February 1988, one accident was reported on the 1/3 mile segment of Buck Mountain Road from Starkey Road (VA 904) to Keefer Road (VA 917). 2 CIRCULATION: THe 50' wide cul-de-sac proposed to serve all 12 lots is off Branderwood Drive and will not intersect Buck Mountain Road. UTILITIES 2 WATER: Adequate source and distribution. 2 SEWER: Adequate treatment and transmission. 3 DRAINAGE 2 BASIN: Back Creek; no problems noted. 2 FLOODPLAIN: No portion of subject property lies within federally designated floodplain. PUBLIC SERVICES 2 FIRE PROTECTION: Within established service standard. 2 RESCUE: Within established service .standard. 2 PARRS AND RECREATION: Existing pool and tennis court adjoin eastern border of the proposed site. Two Roanoke County parks lie 1 to 1.5 miles west of subject property. 2 SCHOOLS: If 12 single family units are built, it may be anticipated that there will be 8 school age residents based on regional demographic multipliers for three bedroom single family homes. The school facilities serving this area have adequate capacity to accommodate these students. The estimated cost of educating one child in Roanoke County is approximately $4,740.40, of which $2,317.80 is locally funded, based on 1990-91 Fiscal Year figure. Using this figure, staff estimates that this project could require an additional $18,542.40 of county educational services annually. TAX BASE 2 LAND AND IMPROVEMENT VALUE: TAXABLE GROSS SALES/YEAR: N/A TOTAL EMPLOYEES: N/A TOTAL REVENUE TO THE COUNTY/YEAR: PLAN CONSISTENCY This area is designated as Core. Petitioner's request of single family development is not consistent with the Core land use category (C-1: encourage development of intensive, mixed-use urban development; C-6: encourage development of high density residential in core areas, yet provide protective safeguards from adjoining commercial land use disturbances). STAFF EVALUATION STRENGTHS: The proposed single family development will be more compatible with the existing neighborhood, Branderwood Subdivision than the current R-5 zoning which allows townhouses, accessory buildings, and satellite dishes. WEAKNESSES: (1) Proposal is not consistent with Policies C-1 and C-6. (2) Lack of site plan-related proffers. PROFFERS SUGGESTED: No driveways will enter individual dwellings from Buck Mountain Road. r ROANOKE COUNTY REZONING APPLICATION 1. Owner's Name: Palm Hermitage Corporation Address• P. O. Box 8614 Roanoke, VA 24014 oy testa` a%a 5~~'~~ ~~ << Phone: 772-9246 2. Applicant's Name: Same as #1 Phone• Address: 3. Location of Property: Corner Buck Mountain Road, Starkey Road, an Bran erwoo Drive Tax Map Number(s) : 97.02-01-1 0 ~~ MqP~ 9"7 • e'`7 " ~ - 8Q 4. Magisterial District: 5. Size of Property: 3.09 acres 6. Existing Zoning: R-5 Existing Land Use: Vacant 7. Proposed Zoning: R-1 Proposed Land Use: Lots for single family homes 8. Comprehensive Plan Designation: 9. Are Conditions Proffered With This Request? Yes No X (If you are voluntarily offering proffers as a part of your applica- tion, these proffers must be in writing. A member of the Planning Staff can assist you in the preparation of these proffers.) 10. Value of Land and (Proposed) Buildings: $1,500,000 11. The Following Items Must Be Submitted With This Application. Please Check If Enclosed. Application Will Not Be Accepted If Any Of These Items Are Missing Or Incomplete: `~ Letter of Application / Concept. Plan Metes and Bounds Description ~- List of Adjacent Owners of Property (Attach Exhibit A) ,/ Vicinity Map Application Fee Written Proffers Water and Sewer Application (If Applicable) 12. Signature Of Property Owner, Contract Purchaser, Or Owner' ~e Signature ,1- Date - ~• 2, ~~ 9 Date Rec .: ~~ Q~ Received By:~_ Case No.: Ord. No.. SENT FY:B~UNE & COh1FANY 1~7-L19-9~ 1~:~5AM 989707c~ 7L~??'~2~~L # o-<~ Qctober 9, 1992 ~ent~by FA% t0 772-2030 Ms, lerlita McMillan Department of Planning and Zoning county of Roanoke P. O. SvX 29804 Roanoke, VA 24018 Dear Ms. McMillan: Please let this letter confirm, on t e rezoning of the 3.Q9 acres owned by PalmHeritage Corporation 1 Gated at the intersection of Buck Mountain Road and Starkey Road from R-5 to R~1, that Palm Heritage Corporation proffexs as a co dition of that rezoning that . ~-io driveways for residences shall ent r from Buck Mountain Road, and ,_ no street developed on this property cam be extended to adjoining property . ~ '-V ~ ' ~ If you have any additional questions please let. ma ]snow, Sincerely, PALM HERMITAGE CORPORATYON ~' v ~ ~- l //~~ ovne, Vice Presiders GLB:p 0-Y August 17, 1992 Roanoke County P. O. Box 29800 Roanoke, Virginia 24018-0798 RE: Letter of Application for Rezoning of Tax #97.02-O1-10 Dear Sir or Madam: Please let this letter stand as our "Letter of Application" that is required for the rezoning of Tax #97.02-01-10. We are requesting that this property be rezoned from R-5 to R-1. By rezoning this property we would be able to build twelve (12 ) single family homes on the property as opposed to thirty (30) townhomes for which it is currently zoned. It is-our belief that by down-zoning this property to single family homes, the general geographic area and the Branderwood neighborhood would be better served. The construction of these single family homes will be, in our opinion, more compatible with the neighborhood. Sincerely, PALM J~R~GE CORPORATION .,, August 17, 1992 Roanoke County P. O. Box 29800 Roanoke, Virginia 24018-0798 RE: Tax No. 97.02-01-10 Dear Sir or Madam: I have attached a check for $495.00 for the rezoning of the referenced Tax No. 97.02-01-10 from R-5 to R-l. At this time we will not make application for water and sewer. Such fees would be paid at the time our subdivision plan of development is approved. I have also attached a Meets and Bounds description as well as a proposed layout showing the lots that would be developed and a list of the adjacent property owners. Sincerely, PALM HERMITAGE CORPORATION ~~ ~ ~~ ~2 ..•. ~ Z o ~_ \\ ~ S8 \ ,~ \°\ ' ` \ ~ \ ~2 ` ~ C /\) \ a /~ ~ Z~~ ~ ~ Z Z "~~ 7 0 ~~ . ;' ~. ~ Qc ~ ~ t~ p,,. Z ~ y ~L I ~ 1 i i. i. ~~ i ~~ ~ t i ~ 1. 1 1. ~, ` ~ 11 ~ 1. I. I I ,z~ M~ i ~ i i i i .:,i i 'o ~ ~ I\ \ n ~ / RWppD ~ ^np~pE pQl V~ a Q ~ Q v ~~h M V Q O~ o F Q ~° ~~ Q~ j U~ ~ 2 9~M D NORTH P ^ •,. 39 , ~ ~•~Siti/ 1~ z.oz n, ~~ 40 • ~ Z Buc} ) •. ~ R3 A ,r:~ P ~• o ~ ~l~ - Ran , ~ Sp+o'e I C ~ , ~.zc a: / ~, ~~ ` ..a - i7 C _ I 42 •~~ a d•ts 4i 42 43 - R3 , Bu<~Rur Caurt t'I .~.3 2B ,.. -. _ c ^~d •' ~ i wv 44 r s..o' vl -~,~r• V_' I .I ~. . i~.3 i ' I•vf ~ as. ~ cvt ~ .w, St '•, % ? R1679 BucM dountain Road ~ ~ 'ERG 679 ~~~ - ~ atl \~' R C ~ ,~ ' wo $ sn wii _ 6 '7 6 •9 q ~ NI I ~ .fr, tt~ ~ ~ ~ • r`i 5 c ,.n w,t _ p'• °,a wp •uf •fff w•> w.z ~ wti ~ i ~S M l.pf4 ~ t• ~ ~IDy~_ •, n • ~r ..off ~1 2 .sfr Y b __w0 ^• C~, ..w RL 1964n' N. inn •• 23 wn '• L o n n Z . t Et L~~b , „ 22 i ~ wff .sit ww . ; A >}O 7 ••~ g aw> tp . •y _g n n _ ~ u .af .sa . tfe.'~ „e4 ~~ ~ „ ~ . ~1~,. a o ; i •S'• t.o~f x t» tc 77 ~ ' 4 till •' y~ Qi` ~ pA ,+~' w ••~ 43 '^_:. [t.n~ Iwt ' y •tlt = u.w'7 412f f, / •y ~ 8 W>t i 3 e N>t Ilfl ~. ,, its •• ~A /a,.,. •tr~s ••r 3 •. ,, 42' e, O . ~ 27 t •,~ •`DS i 2 S~tip, y. :2 ,.. zi3 O t' t. , t 9ua fl •; °wtf , • 41 r.>t '. •.v y • ~ . ..rr. S 4•~- \ ~ , ! • • i+ 4 1 10>• • 451 ~ ••• ~ :.i of a ~ ~ c~" V nl •a3 t ~ • ,~ Y r • uff t / yaw N,. 18 73 •t 2g > ,.. ,* • L~t rn ,e s °' w.•' ~O! it a 4ff• • °. .stt•~• 27 ~ r ~ ~ - ~ • ~ w>. - 29 - .66 k ¢~ ' 74 ~ d 73 ~ • ~ `,taffy t~t1 ~ !~ y .• ` ° ' ~..ot3 1 e ..ar47 w T~ ~••w S ~w.s„~ _ .. ~~ •, \'~' ,••23 n t ' _ ~'• n Sin ~ O ?; rz a'` e \ ~', •~s 24' „ , n•iar' ` ~ .•`• •' y•• 3ww ' N,:' ALL OTHER PARCELS t a 7i ss •~o t~,y ss y o` 49 ,. ,.. i u t,`' '' ~ , „ • ;'~' •~ b ..»a ° '~ - ... ARE ZONED RE ',o ..t. >O'. ROAN 4r _ `• ~A ROANOKE COUNTY ~ ~ ~ ~~"''' PALM HERb1ITAGE-CORPORATION ~. d•~ DEPARTMENT OF PLANNING AND ZONING 97.07-2-80 ~,,. R-5C TO R-1 9-Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 27, 1992 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 3.09-ACRE TRACT OF REAL ESTATE LOCATED AT THE INTERSECTION OF BUCK MOUNTAIN AND STARKEY ROADS (TAX MAP NO. 97.07-2-80) IN THE CAVE SPRING MAGISTERIAL DISTRICT .FROM THE ZONING CLASSIFICATION OF R-5 TO THE ZONING CLASSIFICATION OF R-1 WITH CONDITIONS UPON THE APPLICATION OF PALM HERITAGE CORPORATION WHEREAS, the first reading of this ordinance was held on September 22, 1992, and the second reading and public hearing was held October 27, 1992; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 6, 1992; and, WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 3.09 acres, as described herein, and located at the intersection of Buck Mountain and Starkey Roads, (Tax Map Number 97.07-2-80) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-5, Townhouse District, to the zoning classification of R-1, Single Family Residential District. 2. That this action is taken upon the application of Palm Heritage Corporation. 3. That the owner has voluntarily proffered in writing the following conditions which the Board of Supervisors hereby accepts: a. No driveways for residences shall enter from Buck 4-y Mountain Road. b. No street developed on this property will be extended to adjoining property. 4. That said real estate is more fully described as follows: Commence at boundary corner 30 on the Plat of Section 1, "Branderwood," prepared by Buford T. Lumsden & Associates, P.C., recorded in Plat Book 9, page 351 of the Clerk's Office of the Roanoke County Circuit Court. Corner 30 being the northwesterly corner of Lot 10, Block 1 of the aforesaid subdivision plat and the POINT OF BEGINNING; thence along the westerly line of the property shown as "Property of Lobo Investors, DB 1217, Pg. 483," said line also being the easterly line of the property shown as "Property of Fralin & Waldron, Inc., DB 860, Pg. 305" on the aforesaid plat, run N. 00 deg. 27 min. 00 sec. W. 225 feet to a point on the southerly right-of-way of Starkey Road (Va. Secondary Route 904); thence along the southerly right-of-way line of said Starkey Road, run N. 71 deg. 32 min. 15 sec. E. 110 feet to a point where said Starkey Road and Buck Mountain Road (Va. Secondary Route 679) intersect; thence along the southerly right- of-way line of said Buck Mountain Road, run N. 87 deg. 02 min. 15 sec. E. 379.97 feet to corner 40 of the aforesaid plat, corner 40 being the intersection of said Buck Mountain Road and Branderwood Drive (Va. Secondary Route 1960) ; thence with the westerly right-of-way line of said Branderwood Drive along the arc of a curve to the right 41.68 feet, said curve having a delta of 90 deg. 06 min. 50 sec. , a radius of 26.50 feet, a chord bearing of S. 47 deg. 54 min. 20 sec. E., a chord distance of 37.52 feet to corner 39 of the aforesaid plat; thence continuing along the westerly right-of-way line of said Branderwood Drive, along the arc of a curve to the left 160.61 feet, said curve having a delta of 28 deg. 18 min. 17 sec., a radius of 325.11 feet, a chord bearing S. 17 deg. 00 min. 05 sec. E., a chord distance of 158.98 feet to corner 38 of the aforesaid plat; thence leaving the westerly right- of-way line of said Branderwood Drive and along the northerly property lines of Lot 1, Block 1 of the aforesaid plat, the following two courses: S. 72 deg. 31 min. 00 sec. W. 52 feet to corner 37 of the aforesaid plat; thence S. 17 deg. 28 min. 00 sec. W. 115 feet to corner 36 of the aforesaid plat; thence leaving Lot 1 and along the northerly property line of Lot 5, Block 1 of the aforesaid plat, run S. 81 deg. 22 min. 00 sec. W. 35 feet to corner 35 of the aforesaid plat; thence leaving Lot 5 and along the northerly property line of Lot 8, Block 1 of the aforesaid plat the following two courses: N. 60 deg. 22 min. 00 sec. W. 81 feet to corner 34 of the aforesaid plat; thence N. 86 deg. 27 min. 00 sec. W. 97 4•Y feet to corner 33 of the aforesaid plat; thence leaving Lot 8 and along the northerly property line of Lot 9, Block 1 of the aforesaid plat the following two courses: S. 75 deg. 17 min. 00 sec. W. 95 feet to corner 32 of the aforesaid plat; thence S. 51 deg. 55 min. 00 sec. W. 95 feet to corner 31 of the aforesaid plat, a point on the northeasterly property line of Lot 10, Block 1 of the aforesaid plat; thence along the northerly property line of Lot 10 N. 57 deg. 57 min. 00 sec. W. 122.42 feet to corner 30 of the aforesaid plat, the PLACE OF BEGINNING and containing 142,056 square feet, 3.261 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. o~ ~ AN ~F i ~ a ~.i~ 1 38 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 BOARD OF SUPERVISORS COUNTY ADMINISTRATOR LEE B. EDDY, CHAIRMAN ELMER C. HODGE WINDSOR HILLS MAGISTERIAL DISTRICT (703) 772-2004 EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY MINNIX October 28, 1992 CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Rev. D. Michael Meloy Windsor Hills United Methodist Church 3591 Windsor Road, S. W. Roanoke, VA 24018 Dear Reverend Meloy: On behalf of the Board of Supervisors, 1 would like to thank you for offering the invocation at our meeting on Tuesday, October 27, 1992. We believe it is most important to ask for divine guidance at these meetings and the Board is very grateful for your contribution. Thank you again for sharing your time and your words with us. Sincerely, Lee B. Eddy, Chairman Roanoke County Board of Supervisors LBE/bjh ®Recyded Paper F~ A z - C~~~xxY~ ~~ ~~xxY~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 October 29, 1992 BOARD OF SUPERVISORS LEE B. EDDY. CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOUT~K~E~SMRA.` VAR ~HDISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL'FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Mr. James D. Campbell, Executive Director Virginia Association of Counties 1001 East Broad Street, Suite LL20 Richmond, VA 23219 Dear Mr. Campbell: Attached is the VACo 1992 Annual Meeting Voting Credentials Form designating Supervisor H. Odell Minnix as Roanoke County's voting. delegate, and County Administrator Elmer C. Hodge as alternate. This designation was approved by the Board of Supervisors at their meeting on Tuesday, October 27, 1992. If you need further information, please do not hesitate to contact me. Sincerely, -~~~~.~- Mary H. Allen, Clerk Roanoke County Board of Supervisors bjh Attachment cc: The Honorable H. Odell Minnix Elmer C. Hodge ®Recyded Paper O~ ROANpf~ 2 9 ~~ az ~~~~ ~~ ~~x~~~.~ 1838 P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 October 28, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON MOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MINNIX CAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Sgt. Deborah C. Foley 108 Cambridge Square Vinton, VA 24179 Dear Sgt. Foley: At their regular meeting on Tuesday, October 27, 1992, the Roanoke County Board of Supervisors unanimously approved the request of the Marine Corps Reserve Toys for Tots Program for a raffle permit. The raffle will be conducted on November 29, 1992. The fee has been paid and your receipt is enclosed. You may consider this letter to be your permit, and I suggest it be displayed on the premises where the raffle is to be conducted. The State Code provides that raffle and bingo permits be issued on a calendar-year basis and such permits issued will expire on December 31, 1992. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT BYDECEMBER l OF EACH CALENDAR YEAR. PLEASE SUBMIT A NEW APPLIGITION AT LEAST 60 DAYS PRIOR TO DATE OR DATES YOUR ORGANIZATION PLANS TO HOLD BINGO OR RAFFLES. PERMITS EXPIRE ON DECEMBER 31 OF EACH CALENDAR YEAR. If I may be of further assistance, please do not hesitate to contact me at 772-2003. Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisor `n--~cu-cs-. x~l, Q-l~f~~ Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recyded Paper o~ ~ AN kF L ti A 2 ov : a~ 1 38 ~~~xx~t~ ~f ~~~~~~.~ P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 October 28, 1992 BOARD OF SUPERVISORS LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN GATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY MINNIX GAVE SPRING MAGISTERIAL DISTRICT HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT n, (703) 772-2005 Mr. Edward F. Mullikin, Jr. 4016 Cravens Creek Road Roanoke, VA 24018 Dear Mr. Mullikin: At their regular meeting on Tuesday, October 27, 1992, the Roanoke County Board of Supervisors unanimously approved the request of the Roanoke Moose Lodge No. 284 Fellowship Degree for a raffle permit. The raffle will be conducted on December 19, 1992. The fee has been paid and your receipt is enclosed. You may consider this letter to be your permit, and I suggest it be displayed on the premises where the raffle is to be conducted. The State Code provides that raffle and bingo permits be issued on a calendar-year basis and such permits issued will expire on December 31, 1992. This permit, however, is only valid on the date specified in your application. PLEASE READ YOUR APPLICATION CAREFULLY. YOU HAVE AGREED TO COMPLY WITH STATE AND LOCAL REGULATIONS AND FAILURE TO COMPLY MAY RESULT IN CRIMINAL PENALTIES AND REVOKING OF YOUR PERMIT. YOU MUST FILE A FINANCIAL REPORT BYDECEMBER 1 OF EACH CALENDAR YEAR. PLEASE SUBMIT A NEW APPLICATION AT LEAST 60 DAYS PRIOR TO DATE OR DATES YOUR ORGANIZATION PLANS TO HOLD BINGO OR RAFFLES. PERMITS EXPIRE ON DECEMBER 31 OF EACH CALENDAR YEAR. If I may be of further assistance, please do not hesitate to contact me at 772-2003. Sincerely, ~_ Q.c.,« Mary H. Allen, Clerk Roanoke County Board of Supervisor Enclosures cc: Commissioner of the Revenue Commonwealth Attorney County Treasurer ® Recycled Paper H S rv Chairman John M. Hudgins. Jr. Vice Chairman Henry J. Sullivan, Ph.D. Treasurrr Flita J. Gliniecki Secreiana Onzlee R'arr Executive Director Fred P. Roessel, Jr.. Ph.D ~~ October 15, 1992 Lee B. Eddy Chairman, Board of Roanoke County P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Eddy: Supervisors C C - nary i9 ~Jc This is to request time on the agenda of the Roanoke County Board of Supervisors on Tuesday, October 27 at 3:00 pm. Rita Gliniecki, member of the Board of Directors appointed by Roanoke County, will be present to give a brief report about services provided to the citizens of Roanoke County by Mental Health Services of the Roanoke Valley. A consumer will also be present, and will give a brief report from a consumers point of view. Written materials describing our services in some detail will be forwarded to you prior to the meeting on October 27. Sincerely, ,~ ~ ~/~ ~ Fred P. Roessel, Jr., Ph.D. Executive Director cc: Rita Gliniecki Thomas Chapman John A. Sabean MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY -Executive Offices 301 Elm Avenue, SW, Roanoke, Virginia 24016-4026 - (703) 345-9841 FAX (703) 342-3855 Serving the Cities of Roanoke and Salem, and the Counties of Botetourt, Craig and Roanoke OCTOBER 27. 1992 /Results of 2nd Reading J _C~ 1st reading PH - Rezone Vacate Vacate >SE/R Evaluations - Noise Ord - Parade Permit Ordinance 3.09 acres Buck Mtn and Starkey Roads~~ 50 foot right of way - Skyview Sub. 20 foot drainage easement - Orchards=" 2nd Reading - acquisition of vest land - conveyance of real estate - HCDP - Use of County sewer for prinvate sewer - Noise Ordinance. Apt. - Disability Service Boardl,-~ October 27 Board Reports from Tommy Fuqua /(1) Request for Approval of Mutual Aid Agreement with Franklin County /("2) Request from Hollins Rescue Squad for funding for new volunteer memembers. _ ~. ~'yL ~~ a 5 ;~,~ ,~~pt 8, ~~''taa LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, OCTOBER 27, 1992, in the Community Room at the Roanoke County Administration Center, 3738 Brambleton Avenue S. W. on the petition of WILLIAM H. AND NORMA J. MUSSELMAN requesting VACATION OF A 50 FOOT RIGHT OF WAY LOCATED IN THE SKYVIEW SUBDIVISION AND RECORDED IN PLAT BOOK 3, PAGE 80, CATAWBA MAGISTERIAL DISTRICT. A copy of the documents related to this request maybe examined in the office of the Department of Development and Inspections, located at the Roanoke County Administration Center. Given under my hand this 7TH DAY OF OCTOBER, 1992. 7~. Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES AND WORLD NEWS ON: TUESDAY, OCTOBER 13, 1992 TUESDAY, OCTOBER 20, 1992 Direct the bill for publication to: Perkinson &Perkinson Attorneys at Law 115 West Kirk Avenue Roanoke, VA 24022 LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, OCTOBER 27, 1992, in the Community Room at the Roanoke County Administration Center, 3738 Brambleton Avenue S. W. on the petition of F&W COMMUNITY DEVELOPMENT CORPORATION requesting VACATION OF A 20 FOOT DRAINAGE EASEMENT RECORDED IN PLAT BOOK 13, PAGE 73, LOCATED ON THE REAR PROPERTY LINE OF LOTS 21, 22, 23, 24, AND 25 IN THE ORCHARDS, APPLEWOOD, SECTION 7, HOLLINS MAGISTERIAL DISTRICT. A copy of the documents related to this request maybe examined in the office of the Department of Development and Inspections, located at the Roanoke County Administration Center. Given under my hand this 7TH DAY OF OCTOBER, 1992. ~v"'7l1 l`~+~ Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES AND WORLD NEWS ON: TUESDAY, OCTOBER 13, 1992 TUESDAY, OCTOBER 20, 1992 Direct the bill for publication to: Susan M. Perkins Lumsden Associates, PC 4664 Brambleton Avenue S.W. Roanoke, VA _ LEGAL NOTICE ROANORE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 27, 1992, in the Community Room of the Roanoke County Administration Center, 3738 Brambleton Avenue, Roanoke, VA, on the petition of Palm Hermitage Corporation to rezone 3.09 acres from R-5 to R-1 to construct single family homes, located at the intersection of Buck Mountain and Starkey roads, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 3738 Brambleton Avenue, Roanoke, VA. Dated: October 8, 1992 Mary H. Allen, Clerk Please publish in the Roanoke Times & World-News Tuesday, October 13, 1992 Tuesday, October 20, 1992 Direct the bill for publication to: Palm Hermitage Corporation PO Box 8614 Roanoke, VA 24014 (703) 772-9246 SEND AFFIDAVIT OF PUBLICATION TO: ROANORE COUNTY PLANNING DEPARTMENT P.O. BOR 29800, ROANORE, VA 24018 E. NONE F. REQUESTS FOR WORK SESSIONS REQUESTS FOR PUBLIC HEARINGS 1. Request for Public Hearing -Roanoke County Charter Amendments BI.~T MOTION TO SET PUBLIC HEARING ON 10/27/92 AYES-BTij,FM,HCN,LBE NAYS-EGK REQUEST FOR PUBLIC HEARING WITHDRAWN FOLLOWING EXECUTIVE SESSION. G. FIRST READING OF ORDINANCES 1. An Ordinance to Vacate and Close a 50 Foot Unimproved and Unnamed Right-of-Way Located in the Skyview Subdivision, Catawba Magisterial District, upon the petition of William H. and Norma J. Musselman. (Arnold Corey, Director, Engineering & Inspections) EGK MOTION TO APPROVE 1ST READING 2ND-10/27/92 URC 2. An Ordinance to Vacate a 20 Foot Drainage Easement Located on the Property Lines of Lots 21, 22, 23, 24, and 25, in the Orchards, Applewood, Section 7, Hollins Magisterial District, upon the petition of F & W Community Development Corporation. (Arnold Covey, Director, Engineering & Inspections) B ~T MOTION TO APPROVE 1ST READING 2ND- 10/27/92 4 URc ECH AND PMM TO BRING BACK REPORT AND RECOMII~NDATIONS ON POSSIBILITY OF CHARGING FAIR MARI~T VALUE TO PROPERTY OWNERS FOR PURCHASE OF EASEMENTS. 3. An Ordinance to Authorize the Acquisition of a 13.74 acre Tract of Land from Roger E. and Sharon M. Vest. (Clifford Craig, Utility Director) FM MOTION TO APPROVE 1ST READING 2ND- 10/27/92 URC 4. An Ordinance Authorizing the Corneyance and/or Acceptance of Certain Parcels of Real Estate or Easements in Connection with the Hollins Community Development Project. (Paul Mahoney, County Attorney) B T MOTION TO APPROVE 1ST READING 2ND- 10/27/92 URC 5. An Ordinance Authorizing the County Administrator to Grant the Right to Use a County Sanitary Sewer Easement for Private Sanitary Sewer Service by Property Owners. (Paul Mahoney, County Attorney) BIT MOTION TO APPROVE 1ST READING WITH ALT. #1 - GP-ANTING THE RIGHT TO USE THE SANITARY SEWER EASEMENT FOR PRIVATE SEWER SERVICE. 2ND- 10/27/92 URC t URC 7. Request to Extend County. (John Administrator) Valley Metro Service into Roanoke Chambliss, Assistant County A-92292-6 1ANyiDECISION TO THE 1993-94 BUDGET PROCESS URC F. REQUESTS FOR WORK SESSIONS NONE G. REQUESTS FOR PUBLIC I~~ARINGS NONE H, REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA FM MOTION TO APPROVE 1ST READING ~~~ 2ND READING AND PUBLIC HEARING - 10/27/92 1. An Ordinance to Rezone 3.09 Acres from R-5 to R-1 to Construct Single Family Homes, Located at the Intersection of Buck Mountain and Starkey Roads, Cave Spring Magisterial District, Upon the Petition of Palm Hermitage Corporation. B ~T MOTION TO APPROVE EXCLUDING PENDING LITIGATION ISSUE URC WITH EGK ABSENT (LEFT AT 6:30 P.M.I EVENING SESSION S. FIRST READING OF ORDINANCES 1. Ordinance Amending and Reenacting Chapter 13, Offenses-Miscellaneous, by adding Article II, Noise, and by Deleting Section 13-3, Noise, of the Roanoke County Code. (Paul M. Mahoney, County Attorney) B ~T MOTION TO APPROVE 1ST READING ~' 2ND -OCTOBER 27, 1992 - ~ URC WITH EGK ABSENT T. PUBLIC HEARINGS 1. Public Hearing and Adoption of Resolution Authorizing Issuance of $1,830,000 General Obligation School Bonds from the Virginia Public School Authority. (Diane Hyatt, Finance Director) R-92292-11 HCN MOTION TO APPROVE RESO WITH CRESTAR BANK DESIGNATED AS BOND REGISTRAR URC WITH EGK ABSENT U. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. An Ordinance to Eliminate Existing Conditions and Add One New Conditions on an Approximately 12 Acre Parcel Zoned B-2 Conditional, Located on the North Side of Peters Creek Road Approximately 50 Feet West of its Intersection with Centurion Road, Hollins Magisterial District, Upon the Petition of Dominion Bank, National Association. (Terry Harrington, Director, Planning & is AWARDS 1. Resolution of Appreciation to Roanoke Moose Lodge No. 284 for Donation of a Rescue Boat to Catawba-Mason Cove Rescue Squad. R-72892-1 LBE MOTION TO APPROVE URC WITH HCN ABSENT D. NEW BUSINESS 1. Request for Authorization to Conduct Sanitary Sewer ~aluation/Rehabilitation (SSE/R) Program on Privately Owned Sewer Facilities. (Clifford Craig, Utility Director) A-72892-2 BIT MOTION TO AUTHORIZE STAFF TO GO FORWARD WITH /~=> ~~~ ~ TESTING AND REPORT BACK IN 90 DAYS AND THAT THERE BE NO -- _ _.~~-- ENFORCEMENT OR FINES LEVIED DURING THAT TIME. URC WITH HCN ABSENT 2. Request for Funding for the Roanoke Regional Housing Strategy. (Terry Harrington, Planning & Zoning Director) A-72892-3 B ~T MOTION TO APPROVE FUNDING OF $2,000 FROM BOARD CONTINGENCY FUND URC WITH HCN ABSENT 3. Request for Appropriation of Donation Received from Millard Trussell. (Elmer Hodge, County Administrator) A-72892-4 EGK MOTION TO APPROVE STAFF RECOMMENDATION URC WITH HCN ABSENT a O~ AOANp~,~ ~ A Z ov a, 1 38 C~~ix~#g ~f ~~~xx~.a~.e P.O. BOX 29800 ROANOKE, VIRGINIA 24018-0798 COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 June 30, 1992 LEE B. EDDY, CHAIRMAN WINDSOR HILLS MAGISTERIAL DISTRICT EDWARD G. KOHINKE, SR., VICE-CHAIRMAN CATAWBA MAGISTERIAL DISTRICT BOB L. JOHNSON HOWNS MAGISTERIAL DISTRICT H. ODELL "FUZZY" MIN NIX CAVE SPRING MAGISTERIAL DISTRICT' HARRY C. NICKENS VINTON MAGISTERIAL DISTRICT (703) 772-2005 Rev. D. Michael Meloy Windsor Hills United Methodist Church 3591 Windsor Road, S.W. Roanoke, VA 24018 Dear Reverend Meloy: BOARD OF SUPERVISORS `7 `7`~- ~-~73~ On behalf of the Roanoke County Board of Supervisors, I would like to thank you for giving the invocation at the Board Meetings in the past. We would again like to call on you to present the invocation on Tuesday, October 27, 1992, at 3:00 p.m. These meetings are held on the second and fourth Tuesdays of the month and the invocation is always given at 3 p.m. If the date requested above is not convenient, please call me at 772-2005. I will be calling you soon to see if this time is acceptable to you or if you would prefer another date. The Board members are aware of how busy your schedule is, and they appreciate your volunteering your time to offer God's blessing at their meetings. Sincerely, Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors ® a~yaad Paper COMMITTEE VACANCIES IN 1992 JANIIARY BIIILDING CODE BOARD OF ADJIISTMENTS AND APPEALS Four year term of Thomas A. Darnall, Vinton District, will expire 1/22/92. SOCIAL SERVICES BOARD Four year term of William P. Broderick will expire 1/1/92. TRANSPORTATION AND SAFETY COMMISSION Four year terms of Leo Trenor, Member at Large; Charlotte Lichtenstein, Neighborhood Representative; and Henry Gregory, Member at Large, will expire 1/1/92. FEBRIIARY ELECTORAL BOARD (APPOINTED BY THE COIIRTS) Three year term of Wilton B. "Webb" Johnson will expire 2/28/92. GRIEVANCE PANEL Two year term of Kenneth W. Lussen will expires 2/23/92. MARCH LEAGIIE OF OLDER AMERICANB-ADVISORY COIINCIL One year term of Frances R. Holsinger will expire 03/31/92. LEAGIIE OF OLDER AMERICANS-BOARD OF DIRECTORS One year term of Murry K. White will expire 03/31/92. APRIL BIIILDING CODE BOARD OF ADJIISTMENTS AND APPEALS Four year term of Robert A. Williamson, Jr., Hollins District, will expire 4/13/92, and Jon Walp, Windsor Hills District, will expire 4/27/92. MAY 1 TAP BOARD OF DIRECTORS Two year terms of Elizabeth M. Stokes, and E. Cabell Brand, Joint Appointee, will expire 5/5/92. JUNE BOARD OF ZONING APPEALS Five year term of Carlton W. Wright, Hollins District, will expire 06/30/92. "CATV" ROANORE VALLEY REGIONAL CABLE TV COMMITTEE Initial one year term of Don Terp, Member at Large, will expire 6/11/92. The subsequent term will be for three years. FIFTH PLANNING DISTRICT COMMISSION Three year terms of Richard W. Robers, Elected Representative, Alfred C. Anderson, Elected Representative, and Mrs. Pat Dean, Citizen Representative and Executive Committee will expire 6/30/92. PARRS & RECREATION ADVISORY COMMISSION Three year terms of Vince Joyce, Cave Spring District; Karen Padgett, Hollins District; and Thomas Robertson, Vinton District; will expire 6/30/92. ROANORE COUNTY SCHOOL BOARD - APPOINTED BY SCHOOL BOARD SELECTION COMMITTEE Four year terms of Maurice Mitchell, Cave Spring District and Paul Black, Hollins District, will expire 6/30/92. JULY ROANORE VALLEY REGIONAL SOLID WASTE MANAGEMENT BOARD Four year term of Mrs. Mikeiel T. Wimmer will expire 07/31/92. SOCIAL SERVICES BOARD Four year term of Betty Jo Anthony will expire 7/19/92. AUGUST COMMUNITY CORRECTIONS RE8OIIRCEB BOARD One year terms of Edmund J. Kielty, and Mrs. Chris Pickard, 2 Alternate, will expire 08/31/92. GRIEVANCE PANEL Two year term of R. Vincent Reynolds will expire 9/10/92. INDIISTRIAL DEVELOPMENT AOTHORITY Four year term of J. Richard Cranwell will expire 9/26/92. OCTOBER NOVEMBER DECEMBER LIBRARY BOARD Four year term of Carolyn Pence, Vinton District, will expire 12/31/92. MENTAL HEALTH SERVICES OF THE ROANORE VALLEY COMMIINITY SERVICES BOARD Three year terms of Sue Ivey, Cheri Hartman, Member at Large, and Harriette Shivers, Member at Large, will expire 12/31/92. ROANORE PLANNING COMMISSION Four year term of Michael J. Gordon, Windsor Hills District, will expire 12/31/92. 3 APPOINTMENTS/VACANCIES TO BE FILLED FOR 1992 DISTRICT TERM EBPIRES BOARD OF ZONING APPEALS Carlton W. Wright Hollins 5 yrs 06/30/92 BIIILDING CODE BOARD OF ADJOSTMENTS AND APPEALS Thomas A. Darnall Vinton 4 yrs 01/22/92 Robert A. Williamson, Jr. Hollins 4 yrs 04/13/92 Jon Walp Windsor Hills 4 yrs 04/27/92 ROANORE VALLEY REGIONAL CABLE T'V COMMITTEE "CATV COMMITTEE" Don Terp At Large 1 yr 06/11/92 (Subsequent term 3 yrs) COMMONITY CORRECTIONS RESOIIRCES BOARD Edmund J. Kielty 1 yr 08/13/92 Mrs. Chris Pickard, Alternate 1 yr 08/13/92 ELECTORAL BOARD (APPOINTED BY THE COIIRTS) Wilton B. "Webb" Johnson 3 yrs 02/28/92 FIFTH PLANNING DISTRICT COMMISSION Richard W. Robers, Elected Rep 3 yrs 06/30/92 Alfred C. Anderson, Elected Rep 3 yrs 06/30/92 Mrs. Pat Dean, Citizen Rep & Exe. Com. 3 yrs 06/30/92 GRIEVANCE PANEL R. Vincent Reynolds 2 yrs 09/10/92 Kenneth W. Lussen 2 yrs 02/23/92 INDIISTRIAL DEVELOPMENT AIITHORITY J. Richard Cranwell 4 yrs 09/26/92 1 LEAGIIE OF OLDER AMERICANS-ADVISORY COIINCIL Frances R. Holsinger 1 yr 03/31/92 LEAGIIE OF OLDER AMERICANS-BOARD OF DIRECTORS Murry K. White 1 yr 03/31/92 LIBRARY HOARD Carolyn Pence Vinton 4 yrs 12/31/92 MENTAL HEALTH SERVICES OF THE ROANORE VALLEY COMMIINITY SERVICES BOARD Sue Ivey 3 yrs 12/31/92 Cheri Hartman, Member at Large 3 yrs 12/31/92 Harriette Shivers, Member at Large 3 yrs 12/31/92 PARRS & RECREATION ADVISORY COMMISSION Vince Joyce Cave Spring 3 yrs 06/30/92 Karen Padgett Hollins 3 yrs 06/30/92 Thomas Robertson Vinton 3 yrs 06/30/92 ROANORE PLANNING COMMISSION Michael J. Gordon Windsor Hills 4 yrs 12/31/92 ROANORE COUNTY SCHOOL BOARD - APPOINTED BY SCHOOL BOARD SELECTION Maurice Mitchell Paul Black Cave Spring 4 yrs Hollins 4 yrs 06/30/92 06/30/92 ROANORE VALLEY REGIONAL SOLID WASTE MANAGEMENT BOARD Mrs. Mikeiel T. Wimmer 4 yrs SOCIAL BERVICEB BOARD William P. Broderick Betty Jo Anthony 4 yrs 4 yrs 2 07/31/92 01/01/92 07/19/92 TAP BOARD OF DIRECTORB Elizabeth W. Stokes E. Cabell Brand, Joint Appointee TRANSPORTATION AND SAFETY COMMISSION Leo Trenor At Large Charlotte Lichtenstein Neighborhood Henry Gregory At Large 2 yrs 05/05/92 2 yrs 05/05/92 4 yrs 01/01/92 4 yrs 01/01/92 4 yrs 01/01/92 3 PRESS RELEASE FROM VIRGINIA CONGRESSMAN RICK BOUCHER (10-8-92) Contact: Elizabeth Matheny (202) 225-3861 BOUCHER ESTABLISHES FUND TO PROMOTE TOURISM Washington, D.C., October 8 - - At the request of U.S. Rep. Rick Boucher, Congress has made a special appropriation of $1 million for a tourism revolving loan fund to be used by Southwest Virginia communities. Loans from the fund will be used to upgrade local cultural and historic assets enabli.^.g more communities to participate in Virginia's growing tourism business. A not-for-profit corporation called Southwest Development Financing, Inc. has been established by Boucher's office to administer the loan program. The corporation will be controlled through the participation of the 23 counties and cities that comprise the Ninth District. "Tourism is one of Southwest Virginia's greatest untapped economic resources. With a regional growth rate of 17~ annually, tourism is the fastest growing industry in the Ninth District; however, Southwest Virginia receives only 4% of the total travel dollars spent in the state. Our new tourism loan fund will provide Southwest Virginia localities with the resources they need to expand, develop, and market cultural and historic assets which will enable them to become tourism destinations," Boucher said. ~~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA OCTOBER 27, 1992 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: Rev. Michael Meloy Windsor Hills United Methodist Church 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i D. NEW BUSINESS 1. Annual Report from the Mental Health Services of the Roanoke Valley. (Rita Gliniecki, MHSRV) 2. Request for Appropriation to Notify Property Owners of `~ ~ ~ ° Proposed Zoning Map Changes. (Terry Harrington, Director, Planning & Zoning) 3. Request for Approval of Mutual Aid Agreement with Franklin County. (Thomas C. Fuqua, Chief, Fire & Rescue) ~ 4. Request from Hollins Rescue Squad for Funding to Equip ~ 7, 4i 5 a New Volunteer Members. (Thomas C. Fuqua, Chief, Fire & Rescue) -~-~ )~ -f -~, ~-C,t~ 5. Request for Implementation of the Comprehensive Services Act. (fp ~ r~ ~~-r+~~ ~ ~ ~ ~ s s /45S f 5 ~"C.t r~ t- CU . /4 c~/~ ~ n Re st to b h isa ' iti ervic oard ~ -h i5 S5, d, ry"n 7. Request for Designation of Voting Delegate for the Virginia Association of Counties' Business Meeting, November 10, 1992. ~ ~C y ) r E. REQUESTS FOR WORK SESSIONS F. REQUESTS FOR PUBLIC HEARINGS 2 G. REQUEST FOR PUBLIC NEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA G. • H. FIRST READING OF ORDINANCES I. SECOND READING OF ORDINANCES 1. An Ordinance Authorizing the Conveyance and/or Acceptance of Certain Parcels of Real Estate or Easements in Connection with the Hollins Community Development Project. (Paul Mahoney, County Attorney) 2. An Ordinance Authorizing the County Administrator to Grant the Right to Use a County Sanitary Sewer Easement for Private Sanitary Sewer Service by Property Owners. (Paul Mahoney, County Attorney) 3. An Ordinance to Authorize the Acquisition of a 13.74 acre Tract of Land from Roger E. and Sharon M. Vest. (Clifford Craig, Utility Director) J. APPOINTMENTS 3 K. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE •CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of Minutes -August 25, 1992, September 8, 1992, and September 22, 1992. 2. Approval of Raffle Permit from the Roanoke Moose Lodge No. 284 Fellowship Degree. 3. Approval of Raffle Permit from the Marine Corps Reserve Toys for Tots Program. A ~ 4. Resolution Approving the 1995 Highway Functional Classification for Roanoke County As Updated by the \~~ Virginia Department of Transportation. it (~~ L. REPORTS AND INQUIRIES OF BOARD MEMBERS M. CITIZENS' COn~IlVIENTS AND C011~IlVIUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 4 2. 3. Capital Fund Unappropriated Balance Board Contingency Fund Resul s of Sanitary Sewer Evaluation/Rehabilitation (SSE/ Program O. EXECUTIVE SESSION pursuant to the Code of Virginia Section 2.1-344 A 7 ~"~ ~...~ P. CERTIFICATION OF EXECUTIVE SESSION EVENING SESSION R PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Ordinance Amending and Reenacting Chapter 13, Offenses-Miscellaneous, by adding Article II, Noise, and by Deleting Section 13-3, Noise, of the Roanoke County Code. (Paul M. Mahoney, County Attorney) a ~ An Ordinance to Vacate and Close a 50 Foot Unimproved 1 and Unnamed Right-of-Way Located in the Skyview Subdivision, Catawba Magisterial District, upon the petition of William H. and Norma J. Musselman. (Arnold Covey, Director, Engineering & Inspections) ~ An Ordinance to Vacate a 20 Foot Drainage Easement s L.--~ ~ ~ Located on the Property Lines of Lots 21, 22, 23, 24, and 25, in the Orchards, Applewood, Section 7, Hollins Magisterial District, upon the petition of F & W Community Development Corporation. (Arnold Covey, Director, Engineering & Inspections) An Ordinance to Rezone 3.09 Acres from R-5 to R-1 to Construct Single Family Homes, Located at the Intersection of Buck Mountain and Starkey Roads, Cave Spring Magisterial District, Upon the Petition of Palm Hermitage Corporation. (Terry Harrington, Director, Planning & Zoning) S. CITIZEN COIVIlVIENTS AND COINIlVIU1vICATIONS T. ADJOLTIEtNMENT 6