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Home My WebLink About10/27/2009 - Regular Roanoke County Board of Supervisors Agenda October 27, 2009 Good afternoon and welcome to our meeting for October 27, 2009. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. We respectfully request all electronic devices be turned off or silenced. Thank you. (3:00 p.m.) A. OPENING CEREMONIES 1. Roll Call 2. Invocation: Pastor Darren Potter Community of Faith Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. BRIEFING 1. Status update on the Roanoke County digital public safety radio system upgrade project (Bill Greeves, Director of Information Technology) D. NEW BUSINESS 1. Resolution adopting a legislative program for the 2010 session of the Virginia General Assembly (Paul Mahoney, County Attorney) Page 1 of 4 E. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA:Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. Petition of Foxhall Properties, LLC, to obtain a Special Use Permit in an I-2, High Intensity Industrial, District for the purpose of operating an asphalt plant on 16.7 acres, located at 6090 Peaceful Drive, Salem, Catawba Magisterial District F. FIRST READING OF ORDINANCES 1. Ordinance authorizing quitclaim and release to the Commonwealth of Virginia of a 20’ public utility easement conveyed to Roanoke County and shown in Plat Book 9, Page 62 and now lying within the boundaries of Isabel Lane created by subdivision plat of Riverland Vineyards in plat book 31, page 01, Catawba Magisterial District G. SECOND READING AND PUBLIC HEARING OF ORDINANCES 1. Ordinance to accept the conveyance of a 0.1609 acre parcel of unimproved real estate for the extension of Ivyland Road, Route 775, Vinton Magisterial District (Paul M. Mahoney, County Attorney) H. APPOINTMENTS 1. Capital Improvement Program Review Committee (appointed by District) 2. Parks, Recreation and Tourism Advisory Board (appointed by District) I. 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. Request to accept and appropriate $175,000 from the Hollins Volunteer Fire Department 2. Request to accept and appropriate four Division of Motor Vehicles grants in the total amount of $162,730.50 J. REQUESTS FOR WORK SESSIONS Page 2 of 4 K. REQUESTS FOR PUBLIC HEARINGS L. CITIZENS' COMMENTS AND COMMUNICATIONS M. REPORTS 1. Roanoke County, Town of Vinton Dispatch Merger Update 2. General Fund Unappropriated Balance 3. Capital Reserves 4. Reserve for Board Contingency 5. Accounts Paid – September 2009 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended September 30, 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended September 30, 2009 8. Report of claims activity for the Self-Insurance Program for quarter ended September 30, 2009 9. Proclamation signed by the Chairman N. CLOSED MEETING pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1, personnel, namely discussion concerning appointments to the Economic Development Authority and the Grievance Panel th O. WORK SESSIONS (Training Room – 4 Floor) 1. Work session on the Plantation Road Transportation Enhancement Program application (Megan Cronise, Principal Planner) Page 3 of 4 EVENING SESSION –7:00 P.M. P. CERTIFICATION RESOLUTION Q. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS 1. Petition of Fralin S P, LLC, to rezone 12.691 acres from C-2, General Commercial, District, and R-3, Medium Density Multi-Family Residential, District to R-4C, High Density Multi-Family Residential, District with conditions for the purpose of constructing multi-family and townhouse residential units (maximum of 115 units), located at 6044 Peters Creek Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) 2. Petition of StellarOne Bank and Bonsack Baptist Church Trustees to rezone 4.64 acres from R-1, Low Density Residential, District and R-1S, Low Density Residential, District with a special use permit, to C-1C, Office District with Conditions, for the purpose of constructing a bank with a drive-thru, located at 4903 and 5007 Cloverdale Road, Hollins Magisterial District (Philip Thompson, Deputy Director of Planning) 3. Petition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan related to at-grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack), which measures approximately 375 acres, Vinton Magisterial District (Philip Thompson, Deputy Director of Planning) R. CITIZENS' COMMENTS AND COMMUNICATIONS S. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Charlotte A. Moore 2. Joseph B. “Butch” Church 3. Richard C. Flora 4. Joseph P. McNamara 5. Michael W. Altizer T. ADJOURNMENT to Thursday, November 5, 2009, at 10:00 a.m. at the Vinton War Memorial, 814 East Washington Avenue, Vinton, Virginia, for the purpose of a special joint meeting with the Western Virginia Water Authority, City of Roanoke and County of Franklin Page 4 of 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 2009 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2010 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2010 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2010 session of the Virginia General Assembly; and WHEREAS, the Board held a work session on June 23, 2009, to consider legislative issues confronting Roanoke County, and at this work session developed this legislative program. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initiatives are submitted for its legislative program for the 2010 session of the Virginia General Assembly for its favorable consideration and adoption. 1) Explore Park's future may be a major concern if Virginia Living History does not exercise the lease option. Funding of the park, reversion of the land to the State and other options for the use of the park will need to be determined. House Bill1831/Chapter 739 extended the term of the reversion of the Virginia Recreational Facilities Authority (VRFA) to the Commonwealth in the event it ceases to operate its projects until July 2010. Virginia Living Histories, Inc. notified VRFA on June 13, 2009, that it was exercising its rights under the lease to extend the inspection period expiration date to June 13, 2010. Roanoke County requests the General Assembly to extend the reversion date until July 2011 in order to provide it and Bedford County an opportunity to develop an alternative plan for Explore Park if Virginia Living Histories, Inc. does not exercise its lease. 2) Roanoke County requests the General assembly to authorize Virginia Retirement System (VRS) to manage and invest funds for localities for post employment benefits (OPEB). 3) Roanoke County requests the General Assembly to amend Section 9.1- 106 of the State Code to add a surcharge on all traffic summons to support the Roanoke County Criminal Justice Academy. 4) Roanoke County is considering proposals for the creation of Community Development Authorities (CDA). Additional sources of special, local tax revenues (in addition to the $.25 per $100 of assessed real estate value) could be instrumental in the success of such authorities. It is proposed that the General Assembly amend Sec.15.2- 5158.A.3 to increase special taxing power within established CDAs that could be used to pay the principal and interest of CDA issued revenue bonds for public infrastructure improvements. This enhanced local taxing power could be applied to the transient occupancy tax, meals tax, or sales tax generated by activities within the CDA. That the Clerk to the Board of Supervisors is directed to send an attested copy of this resolution to Governor Timothy Kaine, Senator John S. Edwards, Senator Ralph Smith, Delegate H. Morgan Griffith, Delegate Onzlee Ware; Clerk for the Bedford County Board of Supervisors; Stephanie Moon, Roanoke City Clerk; Members of the 22 Page of Roanoke City Council; Kevin S. Boggess, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council; the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. 33 Page of AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 27, 2009 ORDINANCE AUTHORIZING QUITCLAIM AND RELEASE TO THE COMMONWEALTH OF VIRGINIA OF A 20’ PUBLIC UTILITY EASEMENT CONVEYED TO ROANOKE COUNTY AND SHOWN IN PLAT BOOK 9, PAGE 62 AND NOW LYING WITHIN THE BOUNDARIES OF ISABEL LANE CREATED BY SUBDIVISION PLAT OF RIVERLAND VINEYARDS IN PLAT BOOK 31, PAGE 01, CATAWBA MAGISTERIAL DISTRICT WHEREAS, in order for Isabel Lane to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT requires quit-claim and release to the Commonwealth of 20' Virginia of all existing easements within the boundaries of Isabel Lane, namely a public utility easement (P.U.E.) , conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by plat dated March 26, 1976, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in plat book 9, page 62; and, WHEREAS, Isabel Lane was created by subdivision plat for Riverland Vineyards, recorded in plat book 31, page 01, and the subject public utility easement now lies within the boundaries of Isabel Lane; and, WHEREAS, it will serve the interests of the public to have Isabel Lane accepted into the state secondary road system and this release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. Page 1 of 1 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 27, 2009, and the second reading and public hearing was held on November 17, 2009 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interest in real estate to be released is hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of Isabel Lane into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of that 0' public utility easement portion of a 2, conveyed to the Board of Supervisors of Roanoke County, Virginia, from Green Hill Associates by subdivision plat dated March 26, 1976, and recorded in the Clerk’s Office of the Circuit Court of Roanoke County in plat book 9, page 62, now lying within the boundaries of Isabel Lane as created by subdivision plat for Riveland Vineyards, recorded in plat book 31, page 01, and being further shown on Exhibit A attached hereto, is hereby authorized subject to the following conditions: a. VDOT issuance of a permit for the water and/or sewer lines or pipes, and any related appurtenances or facilities. Page 2 of 2 b. The facilities located within the 50-foot right-of-way for Isabel Lane, as shown on the above-referenced plats, may continue to occupy the street or highway in the existing condition and location. c. This release is for so long as the subject section of Isabel Lane is used as part of the public street or highway system. 4. That the subject portion of easement is not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 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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 approximately 12.691 acres, as described herein, and located at 6044 Peters Creek Road (Tax Map Number 26.16-2-14) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, General Commercial District, and R-3, Medium Density Multi-Family Residential District to the zoning classification of R-4C, High Density Multi- Family Residential District with conditions. 2. That this action is taken upon the application of Fralin SP, L.L.C. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: 1. The developer hereby proffers substantial conformance with the Page 1 of 1 "Suncrest Masterplan", prepared by Balzer and Associates, Inc. dated 4- 3-09, revised 8-7-09, and last revised 8-31-09. 2. The developer proffers a maximum of 115 residential units for the R-4 portion of the subject property. 3. There will be no vehicular access from Vivan Avenue to the subject parcel. 4. Signage for the Suncrest community will be provided by a monument style sign not to exceed 8’ in height and 15’ in width and be in compliance with Section 30-93 Signs of the Roanoke County Zoning Ordinance. 5. Site and parking lot lighting shall be provided utilizing residential post top mounted fixtures and be in compliance with Section 30-94 Exterior Lighting of the Roanoke County Zoning Ordinance. 6. A 15’ buffer yard shall be provided along the eastern property line and a portion of the northern property line as indicated in Section 30-92-6 of the Roanoke County Zoning Ordinance. 7. The community walking trail shall be a minimum of 5’ in width and be constructed of asphalt, concrete, or a crushed stone material to be completed with each residential phase of construction. 8. The developer hereby proffers substantial conformance with the "Suncrest Multifamily Residential Development Front Elevation", prepared by Balzer and Associates, Inc. dated 9-16-09. 9. The developer shall dedicate fee simple to the Roanoke County Board of Supervisors approximately 5.5 acres as shown on the “Suncrest Masterplan” prepared by Balzer & Associates Inc. dated 4-3-09, revised Page 2 of 2 8-7-09, and last revised 8-31-09.This dedication shall take place upon the approval of the subdivision plat or site plan for the first residential phase of the project. 4. That said real estate is more fully described as follows: Remaining portion of Tax Map No. 26.16-2-14 containing 12.691 acres described as follows: Beginning at a point on the westerly right-of-way line of Peters Creek Road (Route 117), being S68°59’00”E, 15.00 feet from the northeasterly corner of N/F Bishop Town Homes, Inc., (Tax Map #26.20-10-61); thence along the westerly right-of-way of Peters Creek Road N68°59’00”W for 15.00 feet and thence along said Bishop Town Homes, Inc. property for a total of 751.12 feet to a point at the southeasterly corner of Parcel A (Tax Map #26.16-13- 32), Waterford Section 7 (Plat Book 22, page 153); thence along the easterly line of said Parcel A and Lot 13 (Tax Map #26.16-13-13) of said Waterford N21°07’18”E, 186.88 feet to a point; thence along the northeasterly line of said Lot 13 and Lots 14 through 17 (Tax Map #’s 26.16-13-14 through 26.16-13-14), and Parcel B (Tax Map #26.16-13-33) N17°15’59”W, 541.86 feet to a point; thence along said Parcel B and the southeasterly line of N/F The Village at Hollins, LLC (Tax Map #26.16-14-20) N50°12’25”E, 263.64 feet to a point; thence along said Village property and the southerly lines of N/F Reese Construction, LLC (Tax Map #26.16-14-10) and N/F Bailey Real Estate, LLC (Tax Map #26.16-14-11), S56°22’21”E, 326.27 feet to a point on the southwesterly corner of N/F David R. Newhouse (Tax Map #27.13-6-14); thence along the southerly line of said Newhouse property, the right-of-way line of Jones Street, N/F Lewis G. Rutrough (Tax Map #27.13-6-15), N/F William & Deborah Reedy (Tax Map #27.13-6-41), and Nover Avenue (50’ right-of-way) S56°29’30”E, 491.15 feet to the southeasterly corner of the right-of-way line of Nover Avenue; thence S33°42’16”W, 508.53 feet to a point; thence S56°17’44”E, 302.12 feet (more or less) to a point on the westerly right-of-way line of Peters Creek Road; thence along the westerly right-of-way line of Peters Creek Road S33°42’16”W, 105.00 feet to the Point of Beginning, containing 12.691 acres and being the remaining portion of Roanoke County Tax Map 26.16-2-14, also being a portion of the remaining land as originally conveyed to Mary H. Jones and Jesse N. Jones in Deed Book 317, page 465. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 3 of 3 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×ÊéÈ×ÐÐÛÊíÎ× úÍÎÉÛÙÑúÛÌÈÓÉÈùÔÇÊÙÔèÊÇÉÈ××É ê×ËÇ×ÉÈèÍÊ×ÂÍÎ×ÛÙÊ×ÉÖÊÍÏðÍÅø×ÎÉÓÈÃê×ÉÓØ×ÎÈÓÛÐøÓÉÈÊÓÙÈêÛÎØðÍÅø×ÎÉÓÈÃ ê×ÉÓØ×ÎÈÓÛÐøÓÉÈÊÓÙÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈêéÈÍíÖÖÓÙ×øÓÉÈÊÓÙÈùÛÎØíÖÖÓÙ× øÓÉÈÊÓÙÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈùé ðÍÙÛÈÓÍÎ ÛÎØ ùÐÍÆ×ÊØÛÐ×êÍÛØ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉ ìÊÍÖÖ×Ê×ØéÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔÈÔ×©éÈ×ÐÐÛÊíÎ×úÛÎÑ¨÷ÄÔÓÚÓÈ«ûªùÍÎÙ×ÌÈÇÛÐ ùÍÎØÓÈÓÍÎÉïÛÉÈ×ÊÌÐÛÎÌÊ×ÌÛÊ×ØÚÃúÛÐÂ×ÊÛÎØûÉÉÍÙÓÛÈ×ÉóÎÙØÛÈ×Ø ÛÎØ ÛÏ×ÎØ×Ø ÖÍÊöÇÈÇÊ×èÊÛÙÈ«ûªÛÎØÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÛÎÙ×ÖÍÊ ÛÙÙ×ÉÉÌÊÍÆÓØ×ØÍÎöÇÈÇÊ×èÊÛÙÈ«úª èÔ×ÛÊÙÔÓÈ×ÙÈÇÊ×ÍÖÈÔ×ÚÇÓÐØÓÎÕÅÓÐÐÚ×ÙÍÎÉÈÊÇÙÈ×ØÍÎèÊÛÙÈ«ûªÅÓÐÐÚ×ÓÎ ÉÇÚÉÈÛÎÈÓÛÐÙÍÎÖÍÊÏÛÎÙ×ÅÓÈÔ÷ÄÔÓÚÓÈ«úªØÛÈ×Ø ûÎÃÖÊ××ÉÈÛÎØÓÎÕÉÓÕÎÛÕ×ÉÔÛÐÐÚ×Ê×ÉÈÊÓÙÈ×ØÈÍÏÍÎÇÏ×ÎÈÉÓÕÎÛÕ×ÖÍÊÈÔ× ÖÇÈÇÊ×ÇÉ×ÍÎöÇÈÇÊ×èÊÛÙÈ«úªèÔÓÉÌÊÍÖÖ×ÊÔÍÅ×Æ×ÊÅÓÐÐÎÍÈÌÊÍÔÓÚÓÈÈÔ× ÓÎÙÍÊÌÍÊÛÈÓÍÎÍÖÈÔ××Ð×ÙÈÊÍÎÓÙÊ×ÛØ×ÊÚÍÛÊØÓÎÈÍÛÖÊ××ÉÈÛÎØÓÎÕÏÍÎÇÏ×ÎÈ ÉÓÕÎ ÷ä÷ùçèóæ÷éçïïûêã StellarOne Bank and Bonsack Baptist Church Board of Trustees are seeking to rezone four parcels, measuring 2.00 acres, 1.12 acres, 0.88 acre, and 0.63 acre—for a total of 4.64 acres—from R-1, Low Density Residential District and R-1S, Low Density Residential District-Special Use Permit to C-1, Office District, and C-1, Office District, Special Use Permit for the purpose of constructing a bank and drive-thru as well as an access drive at 4903 and 5007 Cloverdale Road, Hollins Magisterial District. If the request is granted, the four parcels will be subdivided into two new parcels measuring 1.66 acres for the bank location, and 2.97 acres for the property owned by the church. The applicants propose the bank building to be approximately 3,091 square feet, located on “Tract A” as identified on the attached site plan, and accessed by a private drive on “Tract B” at the intersection of Cloverdale Road and Crumpacker Drive. The proposed access drive could provide for future connections to Bonsack Baptist Church. The site is designated as Transition by the 2005 Roanoke County Community Plan.Transition policy encourages the orderly development of highway frontage parcels with a high degree of architectural and environmentally sensitive site design for office, institutional, higher density residential, park and small-scale coordinated retail uses while serving as a buffer between highways and adjacent lower intensity land uses. Currently, a residence exists on “Tract B” that is leased by the church. If the rezoning is granted, the residence will become a legal non-conforming use. Should the property be occupied by any use other than residential, the owners of the property would need to go through the “Change of Use” process with the building department. Should the property become commercial in use, all applicable regulations of the C-1, Office District would be in effect. However, staff believes that proffering monument style signage on this site should the residence be converted to a commercial use would help to protect the character of the neighborhood. Staff has spoken with the petitioner’s representative regarding proffered conditions; namely suggesting that monument-style signage be proffered for both “Tract A” and “Tract B.” If the petitioner should proffer monument-style signage that matches the construction material of the buildings on each tract, and both the size and height of the signs on each tract be reduced, in addition to the proposed proffered conditions, staff concludes the proposal for the bank with drive-thru and access drive would conform to the future land use category as defined in the Roanoke County Comprehensive Plan. ûììðóùûúð÷ê÷õçðûèóíîé Current zoning is regulated by Sec. 30-41, Low Density Residential District (R-1) and the conditions of the R-1S Special Use Permit and masterplan approved by the Board of Supervisors as ordinance #102808-12 on October 28, 2008. Proposed zoning will be regulated by Sec. 30-53, C-1, Office District. Site development review is required. Onsite stormwater management is required. Virginia Department of Transportation (VDOT) approval will be required for any changes to or impacts in the right-of-way of Cloverdale Road and Crumpacker Drive. éíö÷äóéèóîõùíîøóèóíîé Background – FNB Salem Bank & Trust currently owns three of the parcels, while Bonsack Baptist Church Trustees own the property at 4903 Cloverdale Road. Currently, there are residences on both properties, each with separate access drives. In 2008, Bonsack Baptist Church Trustees received a Special Use Permit for the property at 4903 Cloverdale Road for the construction of a parking lot located to the rear of the property behind the existing residential structure on “Tract B”. A barn also exists on a portion of the property that would be combined to create “Tract B.” Topography/Vegetation – The property is generally flat and slopes gently upward from the road as well as from the north corner of the property. Some grading is proposed on this site and the adjacent site for the school addition and parking lot. The property is generally at a similar elevation as other properties adjacent to Cloverdale Road. The involved parcels maintain the character of residential lots, with mostly grassy lawns and some trees. The petitioner proposes a 30-foot wide buffer yard around the perimeter of the site, with the exclusion of the property line adjacent to the church and to Cloverdale Road. The petitioner is proposing the standard 10’ landscaping strip where the property is adjacent to public right of way. Surrounding Neighborhood – The petitioner’s property is zoned R-1, Low Density Residential District and R-1S, Low Density Residential District with Special Use Permit. Properties zoned R-1 with residential uses are located along the north and east of the subject property. To the south of the property is Bonsack Baptist Church as well as the intersection of Cloverdale Road and Route 460. To the west of the property is Crumpacker Drive, and vacant property zoned C-1 exists along the frontage of Cloverdale Road. There are several residential subdivisions located behind the property zoned C-1. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout – The purpose of this application is to construct a bank with a drive-thru and an access drive. The bank and access drive are proposed to be located on two separate parcels. The Zoning Ordinance requires that any access to commercially-zoned property must also be zoned for commercial use, necessitating the rezoning of both the parcel upon which the bank is proposed to be constructed and the parcel upon which the access drive is proposed to be constructed. The building is proposed to be 3,091 square feet with 1 ½ stories (approximately 25’ in height. The proffered architectural rendering illustrates a brick exterior with shuttered windows to complement the 2 existing architecture of the surrounding residential and religious uses. The bank will have three drive-thrulanes in addition to a drive-thru ATM machine bay. Fifty-seven parking spaces are proposed. Currently, a residence exists on “Tract B” that is leased by the church. If the rezoning is granted, the residence will become a legal non-conforming use. The property could be converted into any of the permitted uses allowed in the C-1, Office District . Should the property be occupied by any use other than residential, É××ÛÈÈÛÙÔ×ØÊ×ÕÇÐÛÈÓÍÎÉ the owners of the property would need to go through a “change of use” permitting process at minimal, and alterations to the building which would not be in substantial conformance with the site plan would require application to amend the conditions of the rezoning. Should the property become commercial in use, all applicable regulations of the C-1, Office District would be in effect. However, staff believes that proffering monument style signage on this site should the residence be converted to a commercial use would help to protect the character of the neighborhood. Staff has spoken with the petitioner’s representative regarding proffered conditions and had suggestions that monument-style signage be proffered for both “Tract A” and “Tract B.” Due to the residential character and topography, as well as the location of the properties in the Transition Future Land Use Designation, staff also suggests that construction materials should replicate the construction materials of the buildings, and that the height and size of the sign be reduced. Access/Traffic Circulation – The bank would be accessed by a private road with access that would connect to Cloverdale Road via the existing signalized intersection. The bank would connect to the private road via a 24-foot drive aisle. The road would have one entrance access and two egress lanes at the signal, one for right turns only. As a result of creating this access point at the signal, a new 100 foot right turn lane and 200 foot taper would be created, along with the installation of new “thru movement” opportunities from Crumpacker Drive. The construction would result in the relocation of a utility pole at the entrance point. VDOT review indicated the proposed rezoning will increase the potential traffic generated from the site. With the change in use, the project must meet minimum design standards for access management for entrances and intersections on principal arterials. A traffic study submitted by the applicant was reviewed by VDOT and the Roanoke County Department of Transportation; the traffic study did appear to sufficiently address the concerns of both VDOT and County staff. Traffic is proposed to be directed around the bank building by a two-way, 24-foot drive aisle with parking on each side. There are three drive-thru teller windows proposed, as well as one Automated Teller Machine (ATM) bay. Fire & Rescue/Utilities – The Roanoke County Fire Marshall’s Office provided the following comment: “Please consider access around structure for fire and rescue apparatus and water for fire flow.” Public water and sanitary sewer are available to this site. Economic Development – The Department of Economic Development offered no objections to the proposed special use permit request. Screening and Buffering – The Zoning Ordinance requires parking lot landscaping as well as a 30-foot buffer along the property lines adjoining residential parcels. The petitioner is proposing a 30-foot buffer yard around the north and east perimeter of the site where the two tracts adjoin residential parcels. ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïìê÷ô÷îéóæ÷ìðûî 3 The site is designated as Transition by the 2005 Roanoke County Community Plan.Transition policy encourages the orderly development of highway frontage parcels with a high degree of architectural and environmentally sensitive site design for office, institutional, higher density residential, park and small-scale coordinated retail uses while serving as a buffer between highways and adjacent lower intensity land uses. éèûööùíîùðçéóíîé The proposed bank with drive-thru and access drive is generally consistent with policies and guidelines of the Comprehensive Plan. Sufficient space is available to comply with all applicable development standards. Further, the proffered architectural rendering illustrates a brick exterior with shuttered windows to complement the existing architecture of the surrounding residential, commercial, and religious uses. The access drive at the signalized intersection will provide for safe and adequate access off of Cloverdale Road, while providing for future access to Bonsack Baptist Church. Due to the relatively flat topography in the area and the absence of any freestanding signage along this section of Cloverdale Road, staff suggests that the petitioner proffer that any signs constructed on either of the two parcels be monument-style and in architectural conformity with the bank structure. If the petitioner should proffer monument-style signage that matches the construction material of the buildings on each tract, and both the size and height of the signs on each tract be reduced, in addition to the proposed proffered conditions, staff concludes the proposal for the bank with drive-thru and access drive would conform to the future land use category as defined in the Roanoke County Comprehensive Plan. ùûé÷îçïú÷ê ìê÷ìûê÷øúãîÓÙÍÐ×ì×ÎØÐ×ÈÍÎ ô÷ûêóîõøûè÷éìùíÙÈÍÚ×Ê úíéíÙÈÍÚ×Ê ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎ û×ÊÓÛÐìÔÍÈÍÕÊÛÌÔ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ âÍÎÓÎÕïÛÌ êøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ùøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ êÍÛÎÍÑ×ùÍÇÎÈÃúÍÛÊØÍÖéÇÌ×ÊÆÓÉÍÊÉíÊØÓÎÛÎÙ× û×ÊÓÛÐÅÓÈÔéÓÈ×ìÐÛÎíÆ×ÊÐÛÃ ûÏ×ÎØ×ØéÓÈ×ìÐÛÎ ìÊÍÖÖ×ÊÉ 4 Í·¬» ß°°´·½¿²¬ Ò¿³»æ Í¬»´´¿® Ñ²» ú Þ±²¿½µ Þ¿°¬·¬ Ý¸«®½¸ Ì®«¬»» Û¨·¬·²¹ Æ±²·²¹æ Îï ú ÎïÍ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ Ýï Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðìðòðïóðïóïïô óïîô óïí ú óîïòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ø±´´·² ß®»¿æ ìòêì ß½®» Í½¿´»æ ïþ ãîððù ïì ß«¹«¬ô îððç Í·¬» Ô¿²¼ Ë» Ý±²»®ª¿¬·±² Î«®¿´ Ð®»»®ª» Î«®¿´ Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Ü»ª»´±°³»²¬ Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² Ì®¿²·¬·±² Ý±®» Ð®·²½·°¿´ ×²¼«¬®·¿´ Í«¾«®¾¿² Ê·´´¿¹» ø²»© ½¿¬»¹±®§÷ Û½±²±³·½ Ñ°°±®¬«²·¬§ ø²»© ½¿¬»¹±®§÷ ß°°´·½¿²¬ Ò¿³»æ Í¬»´´¿® Ñ²» ú Þ±²¿½µ Þ¿°¬·¬ Ý¸«®½¸ Ì®«¬»» Û¨·¬·²¹ Æ±²·²¹æ Îï ú ÎïÍ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ Ýï Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðìðòðïóðïóïïô óïîô óïí ú óîïòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ø±´´·² ß®»¿æ ìòêì ß½®» Í½¿´»æ ïþ ãîððù ïì ß«¹«¬ô îððç Í·¬» Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì ÎÞ ÙÞ ÝÞ Óï Óî ß°°´·½¿²¬ Ò¿³»æ Í¬»´´¿® Ñ²» ú Þ±²¿½µ Þ¿°¬·¬ Ý¸«®½¸ Ì®«¬»» Û¨·¬·²¹ Æ±²·²¹æ Îï ú ÎïÍ Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ Ýï Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðìðòðïóðïóïïô óïîô óïí ú óîïòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ø±´´·² ß®»¿æ ìòêì ß½®» Í½¿´»æ ïþ ãîððù ïì ß«¹«¬ô îððç 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 limited extent, where they are supportive of the office environment. 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 set forth in the transition and core land use categories of the comprehensive plan. Site development standards are intended to ensure compatibility with adjacent land uses. (Ord. No. 042208-16, § 1, 4-22-08) 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 as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Accessory Apartment * Home Beauty/Barber Salon * Home Occupation, Type I * Multi-family Dwelling * Two-family Dwelling * 2.Civic Uses Administrative Services Clubs Cultural Services Day Care Center * Educational Facilities, College/University Educational Facilities, Primary/Secondary * Guidance Services Park and Ride Facility * Post Office Public Parks and Recreational Areas * Safety Services * Utility Services, Minor 3.Office Uses Financial Institutions * General Office Medical Office 4.Commercial Uses Business Support Services Business or Trade Schools Communications Services Personal Services Studio, Fine Arts Veterinary Hospital/Clinic 5.Miscellaneous Uses Amateur Radio Tower * Parking Facility * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Civic Uses Religious Assembly * Utility Services, Major * 2.Office Uses Laboratories 3.Commercial Uses Commercial Indoor Sports and Recreation 4.Industrial Uses Landfill, Rubble * 5.Miscellaneous Uses Broadcasting Tower * Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042203-13, § 1, 4- 22-03; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-53-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1. Lots served by private well and sewage disposal system; a. Area: 1 acre (43,560 square feet). b. Frontage: 100 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water, or both: a. Area: 15,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet, or 20 feet when all parking is located behind the front building line. b. Accessory structures: Behind 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 line, 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 all streets. (C)Maximum height of structures. 1. Height limitations: a. Principal structures: When adjoining property zoned R-1 or R-2, 45 feet, including rooftop mechanical equipment. The maximum height may be increased, provided each required side and rear yard adjoining the R-1 or R-2 district is increased two feet for each foot in height over 45 feet. In all 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. (Ord. No. 62293-12, § 10, 6-22-93) SEC. 30-41. R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1. Purpose. (A) The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) 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 as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Residential Human Care Facility Single-Family Dwelling, Detached (For Zero Lot Line Option - *) Single-Family Dwelling, Attached * Single-Family Dwelling, Attached and Detached (Cluster Subdivision Option - *) 2.Civic Uses Community Recreation * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 3.Miscellaneous Uses Amateur Radio Tower * (B) The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Stable, Private * 2.Residential Uses Accessory Apartment * Alternative Discharging Sewage System * Home Beauty/Barber Salon * Multiple Dog Permit * 3.Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Religious Assembly * Utility Services, Major * 3.5.Commercial Uses Bed and Breakfast * 4.Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. All lots served by both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D)Maximum coverage. 1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) SEC. 30-42. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT. Sec. 30-42-1. Purpose. (A) The purpose of the R-2, medium density district is to establish areas in the county within the urban service area where existing low-middle to middle density residential development (one (1) to six (6) units per acre) is primarily located and land areas which appear generally appropriate for such development. These areas are consistent with the neighborhood conservation land use category, and where public services warrant, the development land use category as recommended in the comprehensive plan. This district is intended to provide reasonable protection to existing single family residential neighborhoods, while accommodating a diversity of alternative housing options. These areas are designated based on access to roads, sewer and water, and schools with suitable capacity to accommodate development at the stated density. Older neighborhoods where smaller platted lot sizes exist are also included where opportunities exist for additional in-fill development. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-42-2. Permitted Uses. (A) The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Accessory Apartment * Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Residential Human Care Facility Single-Family Dwelling, Attached * Single-Family Dwelling, Detached (For Zero Lot Line Option - *) Single-Family Dwelling, Attached and Detached (Cluster Subdivision Option - *) Two-Family Dwelling * 2.Civic Uses Community Recreation * Park and Ride Facility * Public Parks and Recreational Areas * Religious Assembly * Utility Services, Minor 3.Miscellaneous Uses Amateur Radio Tower * (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 as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Home Beauty/Barber Salon * Multiple Dog Permit * Townhouse * 2.Civic Uses Adult Care Residences Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Utility Services, Major * 3.Commercial Uses Boarding House Golf Course 4.Miscellaneous Uses Outdoor Gatherings * (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4- 22-08) Sec. 30-42-3. Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1. All lots served by private well and sewage disposal systems: a. Area: 0.75 acre (32,670 square feet). b. Frontage: 90 feet on a publicly owned and maintained street. 2. Lots served by either public sewer or water: a. Area: 20,000 square feet. b. Frontage: 75 feet on a publicly owned and maintained street. 3. Lots served by both public sewer and water: a. Area: 7,200 square feet. b. Frontage: 60 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1. Front yard: a. Principal structures: 30 feet. b. Accessory structures: Behind the front building line. 2. Side yard: a. Principal structures: 10 feet. b. Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3. Rear yard: a. Principal structures: 25 feet. b. Accessory structures: 3 feet. 4. Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. 5. The expansion of a legally established nonconforming structure into the required side or rear yard shall be permitted provided the expansion does not encroach into the required yard any greater than the existing encroachment. (C)Maximum height of structures. 1. Height limitations: a. Principal structures: 45 feet. b. Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D)Maximum coverage. 1. Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2. Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94) SECS. 30-43, 30-44. RESERVED. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 27, 2009 ORDINANCE APPROVING/DENYING THE PETITION OF STELLARONE BANK AND BONSACK BAPTIST CHURCH BOARD OF TRUSTEES TO REZONE 4.64 ACRES FROM LOW DENSITY RESIDENTIAL DISTRICT (R- 1) AND LOW DENSITY RESIDENTIAL DISTRICT WITH A SPECIAL USE PERMIT (R-1S), TO OFFICE DISTRICT WITH CONDITIONS (C-1C), HOLLINS MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing were held October 27, 2009; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 6, 2009; 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 approximately 4.64 acres, as described herein, and located at 4903 and 5007 Cloverdale Road (Tax Map Number 40.01-1-11, -12, -13 and -21) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, and R-1S, Low Density Residential District with a Special Use Permit, to the zoning classification of C-1C, Office District with Conditions. 2. That this action is taken upon the application of StellarOne Bank and Bonsack Baptist Church Board of Trustees. 3. That the owner of the property has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: A. The petitioner hereby proffers substantial conformance with the “StellarOne Page 1 of 2 Bank”, Exhibit ‘A’ Conceptual Masterplan, prepared by Balzer and Associates, Inc., dated 08/07/09 and amended 09/16/09, for Future Tract ‘A’ and substantial conformance for access provided on Future Tract ‘B’. B. The architecture of the building to be constructed on Tract ‘A’ will be in substantial conformance with Exhibit ‘B’, dated 08/06/09. C. Signage shall be a monument style with a maximum height of 10’ to the top of the sign structure. The sign face shall not exceed 40 square feet of sign area. This condition shall apply to both tracts “A” and “B”. This proffer, however, will not prohibit the incorporation of an electronic readerboard into either monument sign. 4. That said real estate is more fully described as follows: Being 4.64 acres of real estate located at 4903 and 5007 Cloverdale Road and further described as Tax Map Nos. 40.01-01-11, 12, 13, and 21. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 Roanoke County Department of Community Development - Planning Services Memo Planning Commission To: John F. Murphy, Zoning Administrator From: 10/6/09 Date: Fountain Head Land Company, LLC Rezoning Re: In 2005, the Board of Supervisors approved the Planned Residential Development (PRD) for the Fountain Head Golf Resort on Pitzer Road in the Mount Pleasant Planning Area. The site is located within the Vinton Magisterial District. This 375 acre development is oriented on both sides of Pitzer Road (State Route 617) and includes an 18- hole golf course, 89 residential lots surrounding the golf course and up to 60 overnight guest accommodations offered through a series of cottages. The golf course is known as the Ballyhack Golf Course and the project is still under construction. The purpose of this rezoning petition is to amend one (1) specific condition within the PRD master plan document. The only item proposed to be amended is the golf cart crossing at Pitzer Road. On Page 8, of the Fountain Head Golf Resort Planned Residential Community PRD Document, dated August 17, 2005, the current language states: “A golf cart/pedestrian crossing will be required on Pitzer Road to access the entire golf course. A tunnel under Pitzer Road is the preferred option at this time. This option is subject to VDOT approval.” The developer is now proposing an “at-grade” crossing and is removing the reference in the text for the tunnel option. Staff advised the developer that an amendment to the PRD master plan is required in order to proceed with the at-grade crossing due to the existing language in the PRD document describing this tunnel option. The proposed language states: “A golf cart/pedestrian crossing will be required on Pitzer Road to access the entire golf course.” A plan sheet titled Ballyhack Golf Course Golf Cart Crossing, dated 8/14/09, prepared by Balzer and Associates, Inc. provides the details as to the location, markings and signage for the golf cart/pedestrian crossing, subject to VDOT review and approval. The Virginia Department of Transportation (VDOT) has indicated in a letter dated September 10, 2009, that a city, county or town must “authorize” a golf cart or utility cart crossing prior to being permitted by VDOT. Should the county choose to authorize the golf cart crossing county staff wanted the language in the PRD to be clear that the golf cart crossing would be 1 physically on the pavement and right of way of Pitzer Road instead of indicating the tunnel option currently shown in the PRD document. In addition, the costs of installation and maintenance of the golf cart crossing markings and signage shall not be the responsibility of VDOT. In this case the cost of installation and maintenance of the signage would be transferred to the golf course developer and not the responsibility of the County of Roanoke. Attachments: Staff Memo Amendment Application Exhibit “A” Page 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 27, 2009 ORDINANCE APPROVING/DENYING THE PETITION OF FOUNTAIN HEAD LAND COMPANY, LLC, TO AMEND THE PLANNED RESIDENTIAL DEVELOPMENT (PRD) MASTER PLAN RELATED TO AT-GRADE GOLF CART CROSSING ON PITZER ROAD FOR FOUNTAIN HEAD GOLF RESORT (BALLYHACK) WHICH MEASURES APPROXIMATELY 375 ACRES, VINTON MAGISTERIAL DISTRICT WHEREAS, the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing were held October 27, 2009; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 6, 2009; 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 proffered conditions imposed by the Board of Supervisors on a Planned Residential Development (PRD) known as the Fountain Head Golf Resort containing approximately 375 +/- acres and located on Pitzer Road (Tax Map Numbers 79.04-2-10, 10.1, 10.2, 11, 12, and 79.00-1-1) in the Vinton Magisterial District, are hereby amended as follows: 1. The developer hereby proffers substantial compliance with the PRD rezoning document titled “Fountain Head Golf Resort, A Planned Residential Community”, Prepared by Balzer and Associates, Inc. Dated 8-17-05 and Revised 8-14-09. 2. The developer hereby proffers substantial compliance with the golf cart crossing sketch shown as Exhibit ‘A’ attached to this rezoning document. Page 1 of 1 The at-grade golf cart crossing shall not extend beyond January 1, 2013, at which time a tunnel under Pitzer Road shall be constructed subject to VDOT approval. 2. That this action is taken upon the application of Fountain Head Land Company, LLC. 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. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2