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HomeMy WebLinkAbout4/28/2009 - Regularo~R~"~F ~j~• ~J ?838 1 ~. Roanoke County Board of Supervisors Agenda April 28, 2009 NOTE: The evening session will start at 6:00 p.m. Good afternoon and welcome to our meeting for April 28, 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. A. OPENING CEREMONIES (3:00 p.m.~ 1. Roll Call 2. Invocation: Rick Gorton, Lay Leader Rockingham Court United Methodist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD T0, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring May 3 through 9, 2009, as Building Safety Week and the month of day 2009 as Deck Safety Awareness Month in the County of Roanoke D. BRIEFINGS 1. Presentation of the Concept Plan for Virginia's Explore Park. (Larry Vander Maten, President of Virginia Living Histories) 1 E. NEW BUSINESS F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. The petition of Anne Johnston to obtain a Special Use Permit in a R-1, Low Density Residential, District to acquire a multiple dog permit for four (4} dogs on 4.33 acres, located at 2287 West Riverside Drive, Catawba Magisterial District G. H. 2. The petition of Shannon and Cameron Smith to obtain a Special Use Permit in a R-1, Low Density Residential, District to operate a private stable on 7.371 acres, located at 3847 Harborwood Road, Catawba Magisterial District 3. The petition of Timothy and Angela Ramsay to obtain a Special Use Permit in a R-1, Low Density Residential, District to operate a private stable on 8.16 acres, located at 1718 Mayfield Drive, Vinton Magisterial District 4. The petition of Sam L. Hardy, Jr. and Mercedes P. Hardy to rezone approximately 81.81 acres from PRD, Planned Residential Development, District to AR, Agricultural/Residential, District for the purpose of constructing single family residential dwellings on large acreage tracts of approximately 66.3 acres and 15.5 acres, located at the 7800 Block of Whistler Drive, Windsor Hills Magisterial District 5. The petition of the Roanoke County Public Schools to obtain a Special Use Permit in a AR, Agricultural Residential, District to construct an addition and renovation to the existing school on 9.4 acres, located at 3244 and 3250 Mount Pleasant Boulevard, Vinton Magisterial District FIRST READING OF ORDINANCES 1. First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology, Catawba Magisterial District. (Anne Marie Green, Director of General Services) SECOND READING OF ORDINANCES 1. Second reading of an ordinance authorizing conveyance of an easement to Western Virginia Water Authority for a water line across property owned by the Board of Supervisors at the Roanoke County Fleet Services Building, Hollins Magisterial District. (Joseph Obenshain, Senior Assistant County Attorney) 2 2. Second reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company (AEP) for electrical service to a residence on Westward Lake Drive, a paper street, in the Catawba Magisterial District. (Joseph Obenshain, Senior Assistant County Attorney) I. SECOND READING OF ORDINANCES AND PUBLIC HEARINGS 1. Second reading and public hearing of an ordinance establishing a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions. (Rebecca Owens, Director of Finance) J. APPOINTMENTS 1. League of Older Americans Advisory Council 2. Library Board (appointed by District) 3. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) for the ICLEI Program 4. Roanoke Valley Greenway Commission 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 AGENDAAND WILL BE CONSIDERED SEPARATELY. 1. Request from the schools to accept and appropriate dual enrollment program funds in the amount of $50,297.17 2. Request to adopt a resolution to reconfirm support for rail alternatives to complement planned improvements to I-81 L. REQUESTS FOR WORK SESSIONS M. REQUESTS FOR PUBLIC HEARINGS N. CITIZENS' COMMENTS AND COMMUNICATIONS 3 0. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid -March 2009 5. Analysis of Comparative Schedule of Budgeted and Actual Expenditures and Encumbrances for the month ended March 31, 2009 6. Analysis of Comparative Statement of Budgeted and Actual Revenues for the month ended larch 31, 2009 7. Proclamation signed by the Chairman 8. Report of claims activity for the Self-Insurance Program P. CLOSED MEETINGS pursuant to the Code of Virginia, as follows: 1. Section 2.2-3711.A.3. to discuss or consider the acquisition of real property for future public use where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. 2. Section 2.2-3711.A.5. to discuss a prospective business or industry, or the expansion of an existing business or industry, where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the County. 3. Section 2.2-3711.A.29. to discuss the award of a public contract with private developers and the Western Virginia Water Authority for the extension of public sewer in the Hanging Rock area, involving the expenditure of public funds and discussion of the terms or scope of such contract, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the County. Q. WORK SESSIONS (Training Room - 4t" floor) 1. Work session to discuss the Budget for fiscal year 2009-2010. (B. Clayton Goodman, III, County Administrator; Brent Robertson, Director of Management and Budget} 4 EVENING SESSION - BEGINNING AT 6:00 P.M. R. CERTIFICATION RESOLUTION S. SECOND READING OF ORDINANCES AND PUBLIC HEARINGS - (6:00 P.M.) 1. Second reading of an ordinance upon the petition of Wolf Creek, Inc., Circle C Consultants, Inc., Wolf Creek Homeowners Association, Inc., Front Street Construction, Inc., and Old Towne Development, LLC to amend the Planned Residential Development faster Plan for Wolf Creek, which measures 38.384 acres and includes the communities of Wolf Run, Wolf Crest, Beech Cove, Richard's Wood, Village at Stone Creek and Rockbridge, Vinton Magisterial District. (Megan Cronise, Principal Planner} T. SECOND READING OF ORDINANCES AND PUBLIC HEARINGS 1. (CONTINUED FROM MARCH 24, 2009, THIS PETITION HAS BEEN WITHDRAWN AT THE REQUEST OF THE PETITIONERS Second reading of an ordinance upon the petition of Foxhall Properties, LLC to rezone 12.237 acres from I-1, Low Intensity Industrial District, to I-2CS, High Intensity Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt plant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District. (Philip Thompson, Deputy Director of Planning} U. CITIZENS' COMMENTS AND COMMUNICATIONS V. 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 W. ADJOURNMENT 5 ACTION NO. ITEM NO. ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEE'~ING DATE: April 28, 2009 AGENDA ITEM: Proclamation declaring theweek of May 3 through 9, 2009, as Building Safety Week in the County of Roanoke SUBMITTED BY: Becky R, Meador Deputy Clerk to the Board APPROVED BY; B. Clayton Goodman, III County Administrator COUNTY ADMINIS'TRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Deputy Director of Development Services is requesting that the Board adopt the attached proclamation declaring the week of May 3 through 9, 2009, as Building Safety Wlleek. The theme, "Building Safety-WllhereYou Live, Wllork, and Play", raises awareness of the importance of all aspects of building safety, encourages the development of appropriate steps to ensure that the places where we live, work and play are safe, and serves as a reminder that countless lives have been saved due to the implementation of safety codes by local and state agencies. Tarek Moneir, Deputy Director of Development Services; and Joel Baker, Building Commissioner, will be present to accept the proclamation. AT A REGULAR MEETING GF THE BDARD 4F SUPERVISGRS GF RGANGKE COUNTY, VIRGINIA, HELD AT THE RDANGKE CGUNTY ADMINISTRATIGN CENTER ON TUESDAY, APRIL 2S, 2009 PROCLAMATION DECLARING THE WEEK of MAY 3 THROUGH 9, 2449 AS BUILDING SAFETY WEEK AND THE MONTH of MAY 2449 AS DECK SAFETY AWARENESS M4N'~H IN THE COUNTY 4F RQAN4KE WHEREAS, through Roanoke County's continuing efforts to address critical safety issues in the building environment that affect citizens in everyday life and in times of natural disaster, we can be confident that our structures are safe and sound; and WHEREAS, building safety and fire prevention officials, architects, engineers, builders, and others in the construction industry work year-round to ensure the safe construction of buildings; and WHEREAS, these dedicated employees and professionals develop and implement the highest quality codes to protect Virginians in the buildings where they live, learn, work and play; and WHEREAS, our modern building safety codes include safeguards to protect the public from natural disasters, such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes; and WHEREAS, during Building Safety Week, County citizens are asked to recognize building safety and fire prevention officials for the important roles they play in public safety; and WHEREAS, the theme "Building Safety: Where You Live, Work and Play," encourages all Americans to raise awareness of the in~iportance of building safety; green and sustainable buildings; pool, spa, hot tub and deck safety; and new technologies in the construction industry; and 1 ~lIJHEREAS, in observance of B~iilding Safety VlJeek, Roanoke County asks its citizens to consider projects to improve building safety at home and in the community, and to acknowledge the essential services provided by the Roanoke County office of Building Safety, and other local, state and federal agencies in protecting lives and property; and ~IIJHEREAS, in May 2009, building safety professionals across Virginia are sponsoring Deck Safety Awareness throughout the Commonwealth. N~~IV, THEREFCRE,INE, the Board of Supervisors of Roanoke County, Virginia do hereby proclaim and recognize the week of May 3 through May 9, 2009 as BUILDING SAFETY ~IVEEK in Roanoke County; and FURTHER, the Board recogrMizes the month of May 2009 as DECK SAFETY A~IVARENESS I~~NTH and calls upon citizens to observe this month with appropriate ceremonies and activities. 2 ACTION N0. ITEM NO. ~ ' 1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COLINTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 28, 2aaa Presentation of the Concept Plan forVirginia's Explore Park Becky R. Meador Deputy Clerk to the Board B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS; SUMMARY OF INFORMATION: This time has been set aside for a presentation by Larry Vander Maten, President of Virginia Living Histories, on the proposed concept plan for Explore Park. ACTION N0. ITEM N0. ~ ~" `~ AT A REGULAR MEETING OF 'fHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: April 28, 2009 AGENDA ITEM: Requestsforpublichearingandfirstreadingforrezoningordinances; consent agenda SUBMITTED BY: Philip Thompson Deputy Directorof Planning APPROVED BY: Clay Goodman County Administrator COUNTY ADMINISTRATOR'S CGMMENTS: BACKGROUND: The first reading vn these ordinances is accomplished by adoption of these ordinances in the mannerof consent agenda items. The adoption ofthese itemsdoes not implyapproval of the substan~kive 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 Ma~26, 2009. The titles ofthese ordinances are as follows: 1. The petition ofAnneJohnstontoobtain aSpecial Use Permitin a R-1, Low Density Residential, District to acquire a multiple dog permit for four ~4} dogs on 4.33 acres, located at 2287 Vilest Riverside Drive, Catawba Magisterial District. 2. The petition of Shannon and Cameron Smith to obtain a Special Use Permit in a R- 1, Low Density Residential, District to operate a private stable on 7.371 acres, located at 3847 Harborwood Road, Catawba Magisterial District. 3. The petition of Timothy and Angela Ramsay to obtain a Special Use Pern^~it in a R- 1, Low Density Residential, District to operate a private stable on 8.16 acres, located at 1718 Mayfield Drive, Vinton Magisterial District. Page 1 of 2 4. "fhe petition of Sam L. Hardy, Jr. and Mercedes P. Hardy to rezone approximately 81.81 acres from PRD, Planned Residential Development, District to AR, AgriculturallResidential, District for the purpose of constructing single family residential dwellings on large acreage tracts of approximately 66.3 acres and 15.5 acres, located at the l80o Block of Whistler Drive, WindsorHills Magisterial District. 5. The petition of the Roanoke County Public Schools to obtain a Special Use Permit in a AR, Agricultural Residential, District to construct an addition and renovation to the existing school on 9.4 acres, located at 3244 and 325o Mount Pleasant Boulevard, Vinton Magisterial District. Maps are attached. More detailed information is available in the Clerk's office. 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 Ma~26, 2009. 2. That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items} 5, 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. Page 2 of 2 A_ ,~ ~~. .:,i ~~~~ ~~ fi~~ r~ ~" ~~~~ r~~ ~~a ~r~ r~ ~, F~ ~l'~~~ ~~ :~i r~3 ~~' ~ ' C E~ (~ ~~ ~~~~ '4.,~~~~~.~X~~ZX~~~}'' l1 ~'~''~'~~~~~.~ ~sltt'. CCC,CIVCC~; 17.~kr~+1'~C[~ ~i~'. ;' " 4 .~_ __ _ ~~ ,~, ~~lic~~ticart fee: PfLZ,~^, ~~; I ~1~L~1 N o~.1~011~~, VA. ~~~~7~~~ __ /r.... f~ ~ ~ \ J CaS~ Iv~11~11~1e'" ~ ~ a ~ t _ _. _ _ .~ ew .. . . , . 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Planning & Zoning Division x838 POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The fallowing is a list of potentially high traffic-generating [and uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, ar special use permit request. ~f your request involves one of the items an the ensuing list, we recommend that you meet with a County planner, the County traffic engineers andjor Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (1vo~e ~h~s lisf is nab inc~us~ve and ~~e Caunfy s~af~ and 1~~~T reserve tyre rr'g~i~ ~a req~es~ a ~ra~'c s~~dy a~ any dime, as deemed necessary.) High Traffic-Generating Land Uses; • Single-family residential subdivisions, Multi~fami[y residential units, or Apartments with more than 75 dwelling units • Restaurant with or without drive-through windows} • Gas stationjConvenience storejCar wash • Retail shopjShopping center • offices including, financial institutions, general, medical, etc.} • Regional public facilities Educational/Recreationa[ facilities - • Religious assemblies •~, HateljMotel • Golf course • HospitalJNursing hamejClinic • industrial sitejFactory • Day care center • Bank • Nonspecific use requests Road Network Situations: • Development adjacent tojwith access ontojwithin 5og-ft of intersection of a roadway classified as an arterial road ~e.g,, Rte 1~., ~4, X15, 117, 460, 1ij4~o, 220, Z21, 419, etc} • Far near phases or changes to a development where a previously submitted traffic study is more than two ~~} years old andjor roadway conditions have changed significantly • when required to evaluate access issues • Development with ingressjegress on roads planned or scheduled for expansion, widening, improvements, etc. ~i.e~ an Long Range Transportation Plan, Six-~Yr Road Plan, etc.} - Development in an area where there is a known existing traffic andjor safety problem • Development would potentially negatively impact existing/planned traffic signals} Substantial departure from the Community Plan • Any site thaf is expected to generate over one hundred ~io0} trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty ~750~ trips in an average day ~ffeG~i~re afafe: Apri! 19, 2045 R~~Np CommunLt DeveLa ment '~~~~~~~~~~= .t PLannin & ZonLn D~~rLsion ~~ Y S~ I$g$ NOTICE TO .APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECTA~L USE PERMIT PETITION PLANNING CO1vIMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision waiver, Public Street waiver or Special Use Permit petition if new or additional information is presented at the public hearing. ~f it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was nat available for planning staff and/or an outside referral agency to adequately evaluate and provide written con~_ments and suggestions on the new or additional information prior to the _ ,scheduled public hearing then the Planning Commission may vate to continue the petition. This cantinuanc~ shall allow sufficient time far all necessary reviewing parties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memarandurn by planning staff to the Planning Convnissian. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Cornm.ission reserves the right to continue a Rezoning, Subdivision waiver, Public Street waiver, or Special Use Permit petition if the County Traffic Engineer or staff from the Virginia Department of Transportation requests further traffic analyses and/or a traffic impact study that would be beneficial in making a land use decision ~.~ote: a List of potential lava' uses and situations that would necessitate fur~tl~er study is provided as part of this application pacl~age}. This continuance shall allow suff dent time for all necessary reviewing parties to evaluate the required traffic analysesand/or traff c impact study and to provide written comments andfor suggestions to the planning staff and the Planning Comnssion. if a continuance is warranted, the applicant will be notif ed of the continuance and the newly scheduled public hearing date. Effective dfafe: April 'i9, 2aQ~ ~~ ~. a .~_ ,~ ~ Name of Petition ROANOKE COUNTY COMMERCIAL KENNEL/MULTIPLE DOG PERMIT APPLICATION DATE: APPLICANT: TY 1Y~- VV~ ,~~~~"-^ ~ ADDRESS: ~'^~~ , "'-'S~ ~~~~C~e-~ ~.lem , Vd~ 2153 PHONE: ~?~ ~"~~ ***~`************~`******~*'~*PLEASE ANSWER QUESTIONS BELDIN****'~**********'~******'~******~ 1. How many dogs over four months old do you intend to maintain on this property? 2, Have you had a kennel license or Multiple Dog Permit at this location in the past? Yes No 3, Will the Multiple Dog Permit be used for personal use only? Yes No 4, 1Nill this Permit be used for the sale, grooming, boarding or breeding primarily for commercial gain? Yes No 5. 1111111 the property have exterior runs: Yes No Applicant's Signature Date ya0 ~ 4~-ty: r Au ^ 5 5 1 ~~ 1 °~ 20~ ~; ~~3a R~K7r~~~~ e Counh~~ ~« ~"° ~~krrf~nt ~t (.orn~'nunity pF,:, n+~~it ~~~ r 1 ~~ ~I ~~ a~ w~ 1~ I ~ ~'0~ wFrn,~ci L~r,vP ~ ~ ~ / .. / A ~. ,. ~ y~ ~; ~ ,. { 1. d r /\ Y \ r r f~ _~/ Y j '; ~~ AG'~ A~~ 1 ~? i; I~ I pC 1'RD III P~1' p: R1 1'' R~ R~ B N11 ~~~~~~ ~~~~~~~~~~ '; M~ ~,~~rcar~~s ~~ r~~~e ~c~~~c~ xis ca~Pr~, ~'~ 'r~as~ r~~~,j '~' ~" ~ ~ ~ «~~~ ~s~~r~w '~~~w,~~ ;~r~~. ~, cry, ~ _ ..- ., l ~f ~~7~Ii'G~i ~' ~r ~~ ~ „" ; ~~ ~~1~1C1~~~ ~fl(~fJSr~' i ~, ~,- r , ~'z - o~oc~3b Cour~~y of Roanoke For Stiaff Use Onl Community Deveio~ment Date received Received by: Planning & honing ~ p Application fea: Pc1~- date: S~a4 Bernard Drive ~~ , ~ P ~ BoX 295~~ placards issued: Bob date: Roanoke, VA 2~O18~0~98 ~' ~ ~54~~ 772~2~68 FAQ X540) ??6-?155 case Number ~ -~ ~' ~~~~ Check type of ap `cation filed (check al! that apply} D Rezoning peeial Use 0 Variance ~'~Vaiver D Administrative Appeal D Comp Plan (15.~-~~~~) Review A licants nameladdress wlzi ~:, pp ~~~-~, p Phone: `-~3~t-~~ t.~ ~ -~ ~ ~ ~ ~ ~ ~ ~ ~ - - f1 ~ Crx ~t~~..or~ ~~~ ~~ 1~ rbc3~"~ - Work; ll # , ~~'~ ~ Ce , ~-'`~ ~ ~ ~ Fax No,: Owner's nameladdress whip Phone #: ~~,~t~- ~ ~ ~ r ~ ~ `7 ~ ~~~~-~. ~ .~ ~ ~. a ~~E~ ~"ork: 3~u1~ ~-mob°`~ °~d ~ Fax No. #: Property Location Magisterial District: ~„ ~~~ ~ o,.~ 1CsL_ ~ c,x~ . Community Planning area: ~~~~.~- Tax Map No.: ~ ~ ~ ; ~ ~.. ~~. ~ 1q , ~ ~ ~ ~ ~ o ° Existin Zonin g g ~ 1 Size ofparcel~s}: Acres; ~1 • x`11 ~.C.r~S Exis#ing Land Use: ~~'~i~`h~- ' '-'?4! - - ~ ~f=:e~W.: J•": ~'cr. i"i +t".~~~ i. -"i .i_~i+~ci r:«•~. .~"tiy~i ~, ~ _ ~.,~: -Zr t~ S ~"-4' ~ ... ~ti ~..+-~i:~6_~':.~~' ..Y ..L?i:i~~~':~T~3~ ~~*f y4~C'~"~t _`P3 _ _ • ,~; ~ ..~,~ ~•, ~W.t~ f.~"',.. ~•h~~ S~'-t..~a~~:~~ G ~;~-Cr.. 3rw~, ;.-h7 •irt~= - - ~'r~. ~ ~i~: ~ 't~-1 ~~' - ~F -~.-~ }..~Fif `"j•~"~le ~~.,:..:'7~ ; _~'-I~~rC,'L~r ~'~. X11. ~'V i~ -.ti [75~i ~ ~..-Sm~,.,.-.d ~n3:j,~..4vdv.~~~~e ~ "c~-- ~, ' ~ ~. J ~.. ' ~. ..~7. Y "-~-- lea ~ :~ } ~ _ ~ ~~ ~ ~~ ~ ~ ~ ~~~~ ~~ '',~t ] ~` r -, R ~?.+.n r}~-- ~` - _ ~;.' J :~F:..' `s Sb:.,. 1R . 'n't{~x~. w. ~~1 1~.._ ~~~.AS+z .,.,.. t}n~ 'iL.~ {. ~ry r~ ti~ ~~~~• ~ir ~i.._..eTi -su~~a~ v'T~'~i%; i~ .l:. L• ~"•;4.{'i~: alsi~ . 'C~.~' ~. •itif•pF;i. t h- r.~ _. _ti-•.~ F7"s~. a"' ~r!r.~i_ '_ Proposed Zoning: ProposedLand Use: ~ f ~ c:~a,3 u~-~ ~u"- "'"~'~ - ~'"'`~ ~~- • Do the parcel meet the minimum lot area, v~idth, and frontage requirements of the requested district? es No IF NU, A vAR~ANCE IS REQUIRED FIRST. acs the parcel meet the minimum criteria for the requested Use Type`s S~Ce Na IF NQ, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes No ~ d Y ~ .:u i..- ~~......~; ~ ~ -! sR ;-' -ii..'~y L=`~'~;- N. = ~ir r' Ham= ~ _' '~*'~ 4 ~- `~; ~'~' ~ `~^~..-~ =r, s~.a7" f''.~-''F"a`a.r,~ ~~ ' ~.~~fs *~c~~~,~.'""„~~ .-.-,~F- -rc.r 1~ s f~.k~"' i-.,.' ~,r-. s - - ~~- ~ Variancelwaiver of Sections} of the Roanoke County Zoning Ordinance in order to: Appeal of zoning Administrator's decision to Appeal of Interpretation of Sections}: of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to . Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY flF THESE ITEMS ARE MISSING OR INCOI~IpLETE, RISfWICP vIAA ~ R1Sf~vICP VIAA R1S1wlCP vIAA Consultation/ Slit" x 11" concept plank Application fee ~. Applications Metes and bounds descriptionY Proffers, if applicable Justification! .1~ater and sewer application ~ Adjoining property owners ~ - Ihereby certify that i am either the owner ofthe propert~r or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. ~~ ~ Owner's Si nature g L~ is .[. _ T. i' .`• ' f...'.:. •. 1.~ :~ •L':• 7 t •i.~:: ~ : ... • • ~•. .L• ~ ~ s •. ~ T' .'~ . i •f . i'~ A ..r. •':• ' ~•ti • JL .` 5+•~ ~•ti ~r 1.: •••~ f . i : '~C~NCE • EC ~ ~ _ _ ~S'1•ev:::'h}:ti ..r •;y~'r; .~~a' 'r::y' .i;.:'r+i:.;' •'~i' ~S •1 .. .~:•, rig A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development ar variance that is to be cansidered. Further, the plan shall address any potential land use or design issues arising from the request. fn such cases involving rezanings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any def ciencies that nnay not be manageable by County permitting regulations. - The cancept plan should not be confused with the site plan ox plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure co~.pliance with State and County development regulations and may require changes to the initial cancept plan. l~'nless limiting conditions are pro~'ered anal accepted in a rezoning ar imposed on a special use permit ox variance, the cancept plan may be altered to the extent permitted by,the zoning district and other regulations. A concept plan is required with all :rezoning, special use permit, waiver, community plan ~l ~.~~22~2~ review anal variance applications, The plan should be prepared by a professional site planner. The level of detail may vary,- depending on the nature afthe request, The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are cansidered minimum; ALL APPLICANTS a. Applicant panne and name of development , b. late, scale and north arrow ' c. Lot size in acres or square feet and dimensions • d. Location, names of avrners and Roanoke County tax map nunnbers of adjoining properties e. Physical features such as ground cover, natural vc~atercaurses, floodplain, etc. f. • The zoning and land use of all adjacent properties g. All property lines and easements h. Ali buildings, existing and proposed, and dimensions, floor area and heights i. Location, widths and names of all existing or platted streets ax other public ways within or adjacent to the development j. lJimensions and locations of all drivev~ays,parking spaces and loading spaces .~dditior~al iMfo~~matlon ~~~qu~red,~a~• ~ZDI~.~.~G and S~'~C.~~ US~p.~R~t~'.~,~~'~~'C~ k. Existing utilities water, sewer, stoma drains) and connections at the site t ~,,, 1. Any driveways, entranceslexits, curb openings and crossovers m. 'topography map in, a suitable scale and contour intervals - n: Approximate street grades and site distances at intersections a Locations of ail adjacent fire hydrants p. Any proffered conditions at the site and how they are addressed q. zf project is to be phased, please show phase schedule f certify that ail items required an the checklist above are complete. ~,~~---- Signature of applicant Date .; .l •;_,. :k.~Sl.L. •~ '.1• •f~ :r~' - ••f. '''{r:'/::{':t 5..i ..f.~•x~ .rr•~ .:~ _ :.t::'~.• •. - i.i TT .rry '. • ~. :'~ {yry~'/~~lr Y: i ~ y.~~(7 [/~~,R yf''{~/~)~{f~~yy(~"y/ y+i} ! w}'1'. •T~. _ -• w :•~'. •:~~•r4'~A.~~ JL ~~~ •J4 ~~ ~~~ •• ~,V ~~~.i./,~j/.4R .+..R.lt •-~1J~ ~//~; 1.+~~~~{'f(y~ /j~ ~A 1r V A.~:,V V +• a..ti~•~~•YA~. •jJ~ Js~`f//t~Fltt•• ~M. 1 •A~1..f 1 i .• •, t,• .~ •ti;~:. t' .~ .. .. n:.. :~. .~t..• ~.. ~_ va.• 1r: • ..r..• . ..y- . ~J ] !~!! . isr - ..~ : : t: .tv: t. , - \.... . 1 . Y. . t . •t ,:s•: S•:ii•~• .i ki: '•_#'s^ •~i-: :.n;. ,s r -.t~ ' ~ ::•~•::3 ~:':•- -•f, r:' si:' •~r~; .t . }. ~. •~~;:.: . t ~ <. ~5_: .':_ tit.. .,r . '~• :.Y_-~ :i• . y. • ~j ,JUT/\'~ _ 1...: Y.f:•:.": '3 . " •.~..: • •~i'• ~'~ ~ JL•CJ • '•r •: .. r • 1 r . ' v:::: .Y.::. ~•• . %.,t ~Sa. ~•' ~ •'.r•:::. ~i' i.h ti: r. - i~ •~': r. •1:•• .A.pp~cant ~-~n r~.o~ ~ ~~ ~ ~~ ~,~~ ~ ' ~ ~ ~ ~ The Planning Commission will study rezotaing, special use permit waiver ar.conununity plan ~I5,2-2232} review requests to determine the need and justification far the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible, Tse additional space if necessary. Please explain how• the request furthers the ptzrpases of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification zn the Zoning Ordinance. Niy request to allow horses on this property promotes the heal#h and welfare of - the public, as stated in the Roanoke County Ordinance, by encouraging outdoor • recreational activities and appreciation for the beauty ofthe outdoors, This use would help to maintain the health, appearance, and overall quality of life in this area, Having horses on the property is consistent with agricultural activities which Dave been grandfathered in for nearby and adjacent properties ~ 37b~ Harborwood Rd, an adjacent property, is zoned AG3}. Allowing a private stable with a limited number of horses is also in keeping with other equestrian activities in the immediate vicinity, such as the Green Hill Equestrian Center which is located on Harbarwood Rd about 2,S miles from this property. Please explain haw the project conforms to the general guidelines and policies r~ntained in the Roanoke County Community Plan. Allowing horses on this property would help to achieve goal #4 and goal #5 of the Community Platt. Horses will add to the scenic beauty of the E.oanake countryside, and serve as a source of inspiration to many residents. Horses afro • provide enhance quality of life and provide recreational activities for residents of the area. ._ Please describe the impacts} of the xequest on the property itself, the adjoining properties, and the surrounding area, as well~as the impacts an public sezvices and facilities, including waterlsewer, roads, schools, parkslxecreation and fire and rescue. Horses will have a positive impact an the area by enhancing the scenic beauty and providing outdoor activities far residents. The two horses and the barn ~a 12'x 24' run-in shed and feed roam} will have minimal impact on the adjoining properties. The barn will be located as near as possible to the midline of the property, well exceeding the 3-foot setback requirements for accessory structures behind the rear building line. A compost pile will also be located as centrally as possible. A detailed waste management plan is attached for your review, The barn and compost pile will be separated from all adjacent properties by a buffer of natural vegetation, A fence will run around the perimeter of the rear part of the•property! The fence will be kept behind the rear building line of the main building. 3 .- ';. 1 ~ ~' t ~ L. Preston Bryan#, 3r. ~ . ,~ ~~~~ .~, Joseph H. Mai oon Secretary ofNaturai ~ .. ~ Director J~' ~ ~~.~SQilr~~5 DID PARTt1Z~N'T ~I~ CCINSI~1~~'.A'I,1~N AND R~CREATIQN 1a3 Gover~~or St~•eet Ric~l~~~a~~d, virgii~ia 23219 2Q1~ ~8~4) 78G•fi 124 Reply to: Clarksville Regia~al U~ce,11632 Hfgl~vay lS Sau~h, Clarksvrdle, VA 23927 Tel; 434-379.3448 Fax; 434-374-3GSb December 1 d, 2008 Ms. Shannon Smith 384? Harborwood Rd~ Salem, V~A 24153 Dear Ms. Smith, Following our conversation regarding your horses, I have calculated approximate manure volumes and nutrient concentrations of the manure that may be collected. As I understand it, you will have two horses predominantly on woodland pasture with access to a run~in shelter where they will also attain supplemental feed. The horses will at no time be intentionally confined to the shed and will have the wood lot for shelter as well, In such a setting, I estimated the horses to be in and around the shelter ~Q% of the time such that 20°fo of the manure generated from these animals may be collected. That equates to about 3:5 tons of manure per year far land application. Based on horse manure analyses that I have available, this estimated volume could produce about ZQ pounds of available nitrogen, 30 pounds of phosphorus and 4Q pounds ofpotassium per year, The modest amount of nutrients could be applied to parts of your property that is not accessible by the horses, Since you indicated you would have at least 3 to ~ acres of land outside the horse pastures I would suggest applying the manure to % to 1 acre each year and not applying the manure to the same area more often than once every 3 to 4 years, These infrequent application sites could include your garden and lawn, if so desired. In addition, if part of the land in the horse pasture is cleared and planted to forages, you should take soil samples prior to forage establishment and follow the lime and fertilizer recommendations provided in the soil analysis report. You should also consider dragging the forage acreage each year to uniformly distribute what manure is directly deposited there by the horses. Such an activity would be impractical in the waodlot. ~f you have additional questions or I may be of further assistance, please give me a call at 434-3?d~I01d. Sincerely, ~~ Bobby Long Nutrient Management Specialist State ~Parl~s • Soil aerie Water CQrrservutior~ ~ Nafrtrcrl ~err`trr~e • 4r~td'vor ~ecreatiori ~'lannir~~ ~'hesapeake BaJ~ Lncal Assr`strtrtce • Danz Sa~"ety and FloodplaiX~ ~la~n~emetrt • Larttl Conservatiart ~, 0 d~ ~ ~.~~~ ~~ ~Cornr~unty ~~~relapment ~ ~~~ _~ ~ . ~ ~ ~ p~annng & ~oni~g Drv~s~on . ~. ..~z . ~a~~ ~ , ~DTICE TD ApP~ZCA~TS FoR REZONING SUBD~~cs~a~r wA~~rER ~U~~C TR~ET w.~~IER, OR ~~ECI~ USE ~ER~T ~ETTDN ~~ANNIl~~ tfD~1~.TSSDN APpL~CAT~D~ ACCEPTANCE ~RDCEDtTRE The Roanoke County Planni~.g Com~missian xeserves the right to con#~nue a Rezoning, Subd~vszon ~wa~ver, public Street waiver ar Special Use Permit petition if new ar additional information is presented at the public hearing. If it is the opinion of the rna~arity of the Planning Conllnissioners present a~ the scheduled public hearing that sufficient time was not available for planning staff andlor an outside zefenral agency to adequately evaluate and provide written comrnonts and suggestions on the dew or additional infarrnation prior to the . _ scheduled. pubic hearing then the Manning Commission may vote to continue the petition. This continuance shall allow sufficient time far all necessary reviewing parties t~ evaluate the new or additional inforrnatian and provide written comments and suggestions to be included ~. a written menzarandu~n by planning staff to the Manning Connnission. The Planning Com~.ission shad consult with planning staff to determine if a continuance may be ~rarranted.- POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY ~'he Raanake County planning Con~u~ussion reserves the right to con~nue a Rezoning, Subd~vis~on waiver, . public Street waiver, ar Special 13se permit petition if the County Traffic Engineer or staff from the Virginia Department of Transpo~ation requests fi~ther traffic analyses andlor a traffic impact study that would be beneficial in making a land use decision ~,~ote; a list o~'potential Land uses artd situatia~s that could nee~ssitat~ fur~t~~r study r`s ~YOVided as part of tlZis ap~~icatio~ package}.. This continuance shall allow suf.~.cient true for all necessary reviewing partiies to evaluate the required xaff~c analyses ahdlor tra:~.c impact study and to provide written contents andlor suggestions to the planning staff and the Planning Coznmissian. if a continuance xs warranted, the applicant will be notified of the continuance and the ne~ly scheduled public hearing date. ~'ffect~v~ cia#e; ~[~ri~ ~9, 2QQ5 Name at petition ~..~ petifioner's Signature 3~s~a~ - - bate ~- '-r:- 0 ap ~ a ~ ~ 9a~~ X~7~f~ ~ ~ ~ ~ s t G 1~IA ~, ~ ~ ,,, M v ao ~' n `~~' ~ ~ ~~ a ~~' ~~ ~~.~ ~ 0 w ~ rf... ~~ ~~ j ~W©~ b ~~ 0~ VN.~ ,~~ ¢ ~. zz~ © ~ ap 5~ ~~ ~~ ~ ~ `~' o fLQ~ y~a .r LL c~,z ~~nb3 ~ ~~~ ~~s ~~ w ©~ ~, ~ x~ aoz z, ~. ~-- w o o ~ o. ~ cn~~ ~ ~~.- r~-~~ ~ J r~ Q a d = N °z ~mrn~ ~ ~ ~ ~ ~ ~ ~ ,~ ~ s ~ a ~ ~~ ~ ~ a a 0 ~ 4 u~ a U ~ ~ bo ba ~n ~ Q ~ ~ ~ ~ to z o CS G r r 3 3 3 3 ~~ p~ N ~ ~ a. tL U? p t1a oorN© ~ WQ ~ y~~ ~i }(~ ~WpO Z +" O Q 17 ~ 0011 L7 ~ ~ ~ ~ ~ Q» G~ , ~ ~~V` ~ ~ 4 ~ Rr.-` Q, ~v~~ Sr ~~ ~~ © ~ ~ Q h o- W p. ~ 0 ~utlrltl> >J~~a p w~ ~ ~ ~ ~ ~ n ~ M ~~ D ~~p ~ ~ a~ ~ p AC V~ ,~ ~ ~,~ ~ N ~ ~ i .~ v a ~ ~ t~~D ~~~ ~ ~~~ s~Ma; a ~ ~ ~15~ ~ ~a , U~r~ 0 ~pN ~ 4,G ~? © O Q ~~4~p~~ ~~ N ~ ~ ~ ~~N Q N od ~ n ac} ~ ~ ~ X8'8 ^3a y~,s ~ ;~ ~a~~~ ~ ~~,~ ~ ~~~ x, ~ ~ ~ ~ ~~~~ o ~ ~p ~~~~' ~ ~ ~ ~~~ ~~`~Z~ F~~ ~' ~ ~ ~ ~ N yam! ~ ~ ~ ~ ~ ~~ ~ ~a~ 1 y ~~ h O v c~ c~ c~ +~r ~ + ost .' 0 ~~ `~~ ap'~f ~~ ,~ ~ ~~ ~ w oq~ ~ R 1.' ~' w I.J O ~ 'd, p C7 ~ ~~~ ~ ~ ~ ~ o tiN4 y s ~ '~ ~ N ~ ~ ~~ w L7 ~ ~ _ ~ ~~ 0 ~ 0.~ ~W --- ~ ~ ° Q ~ Z ~Z ~ ~~~ huh m ° ~ ~ ~ ~w ~Q ~ ~ ~ © ~ ~~ ~n Z ~~ ~ ~ °~ W~~ W ~ ~ ~W ,+ ' ~~d' O -~'~ N ,~ p to ~ ©cy ~ ~ d 4 AG ~#~ ,°n~ ~ ~ ~F~°"-~~ ~,~~~~ ° as ~~` ~ ~ oaf ~ a ~ ~ ~ ~' ~ ~ ~ ~ W ~ ~ ~ pU ~ ~ ~Z W ~ ~ O ©W ~ ti~ * O~ ~. tV "7 'Q~ C~ ~ E~jj~1 ~ ~ ( ~ ,~ .- °v, ~ ~ ~ ~ 4° ~ , 4 ~. o ~; ~ ~w ~wZa4 tiro w rn~4 ~ ~~md ~. ~ . ti . ~J ~ ~ Z U~ ~~ ~W ~.m.^' m •+C9 3 ~ ~G'~~. S J . ~ ' wZ~~N ~~ ~F ?qa (3 C9~p m a'W W U d ~2~ ~' ~~~ ° ° 8~ ~~~ ~ a9z t~ ° }~ ~~a ~W vQ : ~ m~~ ~d ~= i~ ~ ~~ ma da 4 D ¢ ~~~,~~ ~ ~ dd}¢.. ~~ ~r a .....~ C ~m~Q~~ ~~ ~ a ~ ~ a~z a~ ~~~©~ ~ ~ ~ ~oa~ d~nv-~ ~ ~~ p ~~~~ '" ~~~~~~ ~~ a~~ z~a ¢ a~ i~. a. n ~ ~~ zcn Land ll ~~t~ ~~,~I ~~~ I~ ~~, i v~l~~g~ ,; ~IilN~ge center ~~ C9evefopment I~~eighborho+~ Caneti'~r~ ~~ansiki~a~ Core i ' - ~ F'rincipalln~utrl t ,~, ~, ~~ p,~lro~r~~s '~~ ~'}aennor~ '~mero~ ~mi~~ ~~ ~ ~~c~~ fro osea~ ~on~n : "~~' ~ ~ Tex ~r~berA~ ~'~;~,_'-~.-~~ '''~" ~~'~~ ~'agis~e~ istr~ '~ e~a: 7.'~ gyres ~2 Marche ~0~9 ~cal~;1"= 20~' applicants dame: ~f7~nr~ar~ ~ ~r~erar~ Smft~~ ~ ~'xisting Zar~ing; ,~1 Ro~r~oke ~®un~y~ 7e al~men~ 0f ~~posed Zaninga ~~~' p Tex Map Number: a65.a0-Q2-~~~a~aC~ ~'~~' ~eve~r~e~~ M~c~isfer~~al Disfrtcf: afaw~a ;~rea.x 7., acres Coun of Roanoke ~`ar Staff Use Qnly Community DevelDpmen~ Date received: Received by: ~Zann~ng ~ ~anxng ' Application fee: PCI~. date: S~D4 Bernard Dave } , ~ ~ ~' .. F ~ ~~~ ~~$~Q Placards issued: BOA date: Roanoke, ~A 24~ ~~07~8 ~54a~ 7?'~~2068 ~FA~ ~540~ 776-7155 case Number ......e '•4. _~ a .. 'Y. .2 r .ti. ..r..z. , ti. .' _. - - _ _ ~: :> - •: r.' - .i is ~:. :y~" ~' i.: ' - ~,; f;:-: . j:._ • ; _. -~..• _ _ ''i . - - :.•r.r sir. - - .. _ - t - •. f.L' - .. .. - - .ry \ Check type of application filed check all that apply} D RezoningSpecial Use D Variance ~ 'V~aiver D Administrative Appeal D Comp Dlan (15.~-~23~} Review ~,~ ~' ~'~ Applicants nameladdress wfzip Phone: ~ M, ~ ~ ~, ~- ~-, ~ ~~ ~ ~ .>`_n-'~ ~ ~~~ d Work. '../ .~,` ~ ` ~' ' ~ ~ ~ ~~ ~, ~.~~ ~.,~-~ ~ ~~~~ ~ ~~,~ ~ ~~ Cell#: ~.~ ~~~~~ ~: , . ~ ~.;-~ ~ L~... - ~~. ~ Fax o. ~' Owner's nameladdress whip Phone #: i Work: Fax No. #: Property Location ~ ~, ~ ~ ~ ,~ [~ ~. A Magisterial District: [ ~ .~;~ ~ ~ Community Planning area: -~ ~ ~,~,.~ ~ ~ ~ ~ ~ Tax Map Na.: ~~~ ; ~C ,~-t~~ - ~~' [ ' ~ ~ ~ ~ I ~ C~ ., E~.sting Zoning. c~ ~. Size of parcels}: Acres: _ ~- o ~ ~ t Existing Land Use: ~ ~ ~ ~. ~~~ ~, :.~: _ .? . ~RE ~ . ,~ ~'~.iI ., W~E.~V .~•.A1VD.:~' .~ .P.~A~Y~~.. ~... )....... ~P.F,~~CA.~Y~~` R1.S~~CP ~. Proposed Zoning: ~. ~ ~ ~ a~4 '~ -~~~ ~- ~ ~ ~~~... ~~~- d~ Proposed Land Use: ` ~ ~ ~ :~ ~ ~~ -t ~;. ~~ ~~ ~ ~~~_~,,, ~? ~ ~~ ~ Does the parcel meet the m~niznurn lot area, width, and frontage requiurements of the requested dis~ict? Yes ~" No D ZF NQ, A VAR,I.ANCE XS REQUIRED FIRST. Does the parcel meet the minimum criteria far the requested Use, Type? Yes [ No D F NQ, A VARIANCE IS REQUIRED FIRST if rezoning request, are conditions being proffered with this request? Yes D No D ::: _ .., ~:. - _ ~,::-. :~ : _ 'i~:a•: ~,:: •'F' '•~ai ~> • - - i. fi TT ••YJV.R • T! •: •~JLL-.. ~j~f`/~~.~~/L~•^T~1. Rd J. •~•'//•~~/••/j/,''l~ .~.{.4.RA.'' P ••~ T /~y~F`/r - f ~ (1~ly/} I y •~•~ J . `~^~- .I .'i ~•~ ~ • '.'~ ~ . • ~~ . .'J.• . •~'.'.. - '~ariancelWaiver of Section(s~ of the Roanoke County Zoning Ordinance in order ta: Appeal of Zoning Administrator's decision to Appeal of Interpretation of Section~s~: of the Roanoke County Zoning Ordinance Appeal of fn,terpretation of Zoning Map to Is the application complete? Please check if enclosed. AP~'L~CATION WILL NQT DE ACCEPTED IF ANY OF THESE STEMS ARE MZSSXNC QR ~CaMPLETE. R1Sl~'~ICP VIAA • Consultation RISI~vICP VfAA $112" x 11" concept plan ~tIS1~vICP 'IAA Application fee Application Metes and bounds description Proffers, if applicable Justification water and sewer application .Adjoining property owners Z hereby certify that ~ am either the owner of the properly or the owner's agent or contract purchaser and am acting with the knowledge and consent afthe owner. - . ~ ~ ~~ ~ Owner's Signature . . Z. _ _ .4 ~. . .. : I'~ . _ - _ - ~ 1 - =.~JTJS'TI~~C:A~'x.~~ ~`.. ~~~~~~VI~- ~P~.. ~.~~~TSE pE~MZ'T~.:~?Y,A~'~'E ~N.[P~.~'~A~:~F~~ ~z 1l ~~ - __ t'._ ~.. ..1.' _ _ _ ':v •'• •, f • .. Applicant ~ ~ !~`1 ~~ ~ ~ ~~ ~ ~.. ~~.. The planning Commission will study rezoning, special use permit waiver or.cornmunity plan X15.2-232} review requests to determ.in.e the need and justification for the change in tenEns of public health, safety, and general welfare. please answer the following questions as thoroughly as possible. Use additional space if necessary. please explain haw the request fuzthers the purposes of the Roanoke County ordinance as well as the purpose found at the beginning of the applicable zoning district classif cation in the honing ordinance. ~~ ~ ~ ~~ gyn. ~ ~ ~ ~ ~ ~ ~ !~ ~~ ~; ~% ~.. i ~"~~ ,s~~ ~~~ .~~"4"~el~~~ 1~..~ l ~„~-~ ~M-~,,~~:t~ ~i ~'_.,i~' a ~ ~ ~ '~`" . ~' Please explain haw the project conforms to the general guidelines and policies contained in the Roanoke County Cor~amunity Plan. ,~ `~ ~~~ ~ ~ Please describe the impacts} of the request on the property itself, the adj oining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and rescue. .,~:m~.._.~ ~,. ~ ~3~~ ~ ~~ ~ ~ ~ ~ .~ ,~ ~" 3 We propose to house no more than 4 horses on the property. The area for containment of the horses will be fenced on all sides. Existing fencing will be repaired as needed, Some brush and briar bushes will be mowed to maximize grazing area as well as to clear some property lines to ease the repair of the fence. The wooded area at the back corner of the property will remain as is with the exception of removing some fallen trees. These minimal chnnges will only enhance the neighborhood rather than detract from it. The existing barn complies with the County of Roanoke's minimum setback requirements. There will be sufficient ground cover to minimize storm water runaff and erosion, and will not be denuded. NQTES: ~ ~ 1. THE .SURVEYOR CERTIFIES THIS LOAN SURVEY FOR FINANCING o N ..PURPOSES ONLY. THIS PLAT IS SUBJECT To INFORMATION WHICH z ~ `MAY BE DISCLOSED BY A TITLE ABSTRACT. Q a 2. TAE SUBJEGT PROPERTY IS WITHIN THE LIMITS OF FLOOD TONE ©~: C'' c~ AS SHOWN ON THE FEMA FLOOD INSURANCE RATE MAP. THIS w . DETERMINATION 15 BASED ON SAID MAP AND HAS NOT BEEN VERIFIED ~ m BY ACTUAL FIELD ELEVATIONS. a BLOCK 3, R~ ~ ~SEp SAP p ~ i ~ ~ .~PpB~ HILLS ~ SSG' ~ ~~ ~8. 8,' p _ ~Or 4L 3 G. Z1 ,, R - v ~E'r AI ~ 4 ~ oANOK~ Cp N o °~ sup ~~~ ~Qa ~ r r - ~ P1M g ~ ~R RD ~ ~ ,~ N ~~~¢, ~~4R$ , F A ~." . ~ VISORS -~ .- S ~ ' ~~~ ' . s ~~ ps, ~ rAx ~~ nor ~ D z7 cn w ~ o-s~ r rc f~ so~o ~ s~, gyp, OT ~ o mss: ~'~-~'~..~ ~` S~ f ~ ~~-.~ r BOUNDARY WITH c4RNERS ~ THRU 1q To 1 ;: ' ~ Lor ~ INCLUSIVE CONTAINS ~ z 8.15 AC. GROSS; LESS 4.08 AC, IN ROAD `; _, `~ 4 ~' ,~ ~ ~ r .~ 8.QT ACRES NET W " ~3 ~t:1~~~ ~ ~ m MAP REI~ERENCE~ SEE PLAT 0~' SURVEY FOR `~~ ~~ .~~ HOWARD L BELLEISLE do DONNA B~LLEISLE ° N ~`~'~~~ BY C.B. MALCDLM do SON, DATED 3-~25-83 ~ m z , t~~tc ~~ ~ O ~-O --- 'NOT ~ ~ ~'~~~~~' ~~M~~V' ~~A~I~#~ ~ to SET 18. 0' ~ ~~~ _... m FENCE w N~.".`+' ...,, .POST coo ~ ,~; 87 00 W ..v 3^ ,1,~. X8,9 v '~,~ vi ~~'~~,.,,..,,, v o AME ~ c,e:' •~~•...,,. Lot ~o_!"r ~ NO " o.~' ~~ BLDG. ~~...,,. ~ ~ r ~ ~~•... sir o LET 1~A ~ ~ ~''~ ~~~~~ ~ ~ N ~ 3s.D' x 48. ' Lor ~~..~ ~~~~ ~ .~ ~~•oo 0 ~ I ~ ' METAL BLD . '"''~ ~ L ~ ~ ~ ~ 3 ~ ~~~ o ~ ~ 1 1 3 ° ~~ ~~ I ~ N 20.0 x ~~.~ ~ ~ ~ ~ : ~ ~ " METAL SHED ~ ti ~!D ~. ~ ~ c!~ 150.00 ~~- .L~ OLD 23.5 X 23.5' ~ _ ~ PIN MERLE H. & SEE HOUSE C.B. ~ N 87' ~4` ,F~` 8 RESTER J. DETAIL sTUCCO 00 W ~ ~ I WATTS ~ ~ GARAGE OLD CLAUDINE M. TAX # ~~~ n a ~ ~ ~ PIN ,: ~LAYTUR o ~. ~ -_ ~ ~Or ~ 79.D3--02-17 ,~ '~ ~ ROSALIND D. TAX W r. ;~ ~~., o v ~~~s~,~,~ ca rn KELLEY 79.D3-D2~-2D NOT ~ ~ ~~~~ '~~~`~ ~ TAX # 1.17 AC. SET ~ ~ 79.03-02-19 229 70' OLD ~ D TO BANDY RD -•--- PIN '`~"`~' ~ N 87'04' W ~faYflELD OR~~ 30' W1D ~ M E TO RT 116 ~ ~ N ~ a~ p ~~ ~~~,~~ ~ ~ ~..,/ r. ~~ w U RAYMOND C. WEEKS iv Ho. l~42B vA. sEC. RTE. # 659 LOAN SURVEY FOR ANGELA M. M AXEY OF LOT 10 AND A PORTION OF LDT 11 1,,~ ~ N. B. NELMS MAP, P.B. 1, PG. 213 SITUATE ON HAYFIELD DRIVE, S,E, ROANOKE COUNTY, VIRGINIA 9,o3-n2-~~ l8 LRD TPP~~ T. P. F~BR ~ SON DRAWN eks ~~~ ENC'~lNEERS GHK'D RCW suRVEYORS Po.t Otrice Hox 8~ LRD EQC 0.17' PLANNERS sates, [~rr~aia 2419 .~.,.. 13.4' 5' 1 1 2 STORY ~ A SIDED ~ ~ DWLG. 0 N ~ m WALK w 17.3 ~ 8. ~ 1715 ~ " 0 NSW w P ~- .~ • HOUSE DETAIL 1" ~ fin= ~~~~r~ ~~1~~~ P~~la D~scri~tion ~+ I ,. 1 ~ ~ ~ m~ u, „, x uu ~ ~~ t~ ~ ~ ~ ~ ~ `~ ~" ~ I r' ~ ~ ~ ~ °I " ~ -r rc _ s ~u lllllu.,: + y,7 ; ~ ~ ~ "' ,~ ~ ~ ~~ uM '~ I ~ 1 `"'~ ~~ ~ ' "r ~~ i, i III X ~y ;; ~` P' ~ ^[- y i i. Im t '! u L r ~~ ~~ q Ji 1111 ~~ ~. ~+M1 ~ -'~~ t ~ ~~ ~~~ 1 r. r ~ x ~ 'ti i y 1 ~ ~ ! ~ r ` _. . iii. ~~ ~' Y+ ~. ~t~~ ~ r ' ~ ~ ~'~ ~ A. ~i . ~ w M.. ~ 4 `r Y ~4 1 ~~ M1d f Y +. II ! ^ ° 4 evr k 1 ~ ~ ~ + M1 ~ ~ i7~ t y~ '. ~ ~ u ~ ~ ~ M~ ~ A r( ~`Si~~^ ~ / ~~1 N~' ~ n i }{ f~,i~ rt~ ' ~ ~ OFF r1 1't ,~ F F 1 f , r4~ qq ~ ~ ~~ ~ i ~, , d r'Y.7 '. ~ h rY%'',;~~ ~~ %!i. ., t n. ;, Y ar ,~ ~ mil E /f ~ y/~~.r,, '!]~ i F1'Ib' i ~ * , ~ ~ ' `:~ ~ M+MW I ~. '~.~ + ~, J f d Q "~na~ ~ f iP' ~~ ~1 fl i i a~ ~ ,ki„ ~ ~ '~, ,. ~ _ ~fi ,/a ~~ Rf ., .:~- ' .. t, y ~~ ~ ~~. j .~lYI ~ILfal,lj~ M ~ .. fi g wwr ~y r 4 {~ x ff !. ~ lr F ~ 1 ~ m~ ~. ,, ., ;:~ .. it f ie ~"~~rr9µ ~ ,,,,, /" ''' ,, V ~uin~ AoriaEPh~la~}rap7~y {2UA~i~ r ~ ~ ~o~~~ i~ cl Roano`~o ~.. ~ ~~ ~~~>> 7 ~ ~) ~~ _ _ _ -- -` ~ 1 1 1 .. ~-~ ~ I f ~~ ~~ ~~ ~,.~ 1 ~, ~" 1 P i ~' P ~~ r I4 q I ~f' ~~ N~ i ~` t r ry I l~ ! `-F'tiM ~Y ry ~If~ .~~~~i~eiiiilllll~ ~ ~~ 9 ~~~ ~~~~ ~rvton Ru~1 ~'~~serve ~uraN "Village `~P"ilNg enter ~v~~'~p~n~nt ~~eighb~r~t~~d ~anservatior~ Trn~stan ~. ~ ~~, ~'rincipa~ Ind~tr~~ '~~ ~~~ ~~ ~y, ~c~~~e~',~nir7c~: ~v~~ ~c~r"s~~e~rr~!i;~ i~fr~cf "~~~ ~a.M ' cr~s °~~' Mar~~~, 2~a~~ '~' F /~`~ i r r, ~ ~ P ~~£~kt r~cei~~e~: ,; ~~ R~G~iv~~~,i tw;~ Atr~~li~~~tic~r~ ~~: I'C°/13~t~ i~~~k~: .~ ~~~~. ~ ~ ~ , j ~ ' t~ fi~ ,~f ; _.. -.,. __ ['lc~c~fr~ls iss~i~d: ~ SUS c~~ikc: , ~. ff'~ ~,; ' ~~ r i ~J l ~ I.. ALL APPLICA~'~'~'S __ ,~~. Cl~e~k type o~ applicatio~~ Bled {check all that apply J'I~.ezar~irr~ ®~peci~rl Use C'~~ar~ia~rcc ~! `~'aiver° ~~ At~rrii~r~stt•~~tivc~ .~,~~ae~l ~ ~'am~~ Pl~~r~ ~1~.2.2~3?) Re~~~ew Applicant team e~address w~zip C1 `~ ~~ . ~ ~ ~. ~~~\ ~~~r, 1 y ~ ~d ~ 1Pf~or~e. ~ t ~ ~ ~" t , 1~.,.~~1 41 r ,~;~ ~ .,~ ~ `~ ~~l ~ ~~, w'~C'~ r ~.:ll~ ~~~~m> C . { rot 'V~~r': "~~`1,' ~~ ~f ~ ~ ~l.? ~~ ~.~, ~. ~1 t~~ ~~1"~~~. ~ f,~~T ~ ~~~ ~ i ~~ < <~ ~~ ~ `~ ~. I ' '~ fax 1~~ ~ ~ ~~~vi~er's ~~ar7leladdz~ess ~~/zip Phaa~c . - `ax ~v~o, ~~~ 'rope~~t~J Location ~ ~. a "„~+ ~'1a~isterial Dist~~ic~: ~ , '' ~~~~ ~ ;,._, ~ 1 ;, i N ,, ~ i r ~ ~+~C11I11~.lillt~ ~l~nn~n~ area.. ~ ~ ~~~. ',. , ~, 111, '~ ~;XISt[l1 ~o11rI7~''~ ~ ~~/, ~,~ ~l/..Je of~"parce~l~~}. Acres, t ~~~1~~"~~ l ~~~~~~r (~ 1.,.~, t.. ~I `..?.: ~ f ( ~~ ~ r ~ ~ ~ w ~~ISt1rl~ Lazed ~Se, Ft'~ZO~~~II~G, 5'.PEG'~AL USA" P~R~.~~IT, t'f''AI~`~R Al~~~ CD~h1P PLA~~~ (1,~.~-~~23Z) I~Er~IEI~' A~'PLIC"AN?"~S ~R/~f~~6rlCP) Proposed Zo~~in~~ Propased Laid L~se~ ~?oes tk~e parc~e~l t~~eet the rl~inin~um dot a~~ea~ ~v~~tl~, ~r~~~ta~e req~i~~e~i~er~ts o~"~the requested dist~'ict`~ ~~es~ o ~C~ d~(~, A "AI~IANCE I~ ti~_ ~~I~QUIREI F~R~~". ~ ~ . ~~es t~ ~~a~°cel meet t~'ae n~irlimural eriteria for tk~e requested use Tye?~~'c~~, ~' ~~ NCB, A VARIA~ICtI~~ I~ ItIJQUIR~;I~ FII~T" .... ~f re~or~i«~ req~~e~st, are co~lditia~s hei~~~;1~ro~'fered l~ritl ~~ ~ this request? ~~es ~_~r~} t i-'A ~I.~~ ~rCE, i~gl ~~'~'~ ,~ I~'I~ ~fD~'~~Il~'I~'T~A TII'E ~ ~'PL"~~ L ~iPPL~~'~I ~'T~" ~V~'~~'Z~,~I} Varianceae~~lai~~er of ~ecti~n~s~ of the Roa;~~ke ~'ounty Zonin~,~ Ordina~~ce i~~ order to:. Appeal of Zoning Adr~~i~~istrat~~~° deciso» to ,pheal o~ tnterpretatian o~ ~Sectio~~~s~; ~'t~le Roanoke C'a~xtlt ~~~i~ r~Clinan~e Appeal of Ii~terpretatio~~ a~ Zoning Map tie appiicatia~t e+~rnla~ete'? Nlease cl~ecl~ il~er~+~~ase. APP~~ATI~Ii~ ~~'~ lT ~~ A~'~~I'T"~ " A~~4f ~`~I~~ ~"T~1~T~ ARC ~~IS~~ft~ l~~i"~il":P~~~I~`~, ~lSl'~~'~['l' `1'l~~~r1 Rl~l~~'fC!' 1'1;1A 1~/S/~~'ICI' V/;"~1 Cons~iltatio~~ ~ 112" ~ t ~ °" ~~~lce~t p1a~~ ~ Applicati{~~~ fee ___ ,~pplieatit~T~ i'~~letes ~iz~~i iic7tF[1c1s c~esc~~il~tioi~ t'~~of~~rs, it~<~pplii;a~?1~ 1u~titic~~tio~~ ~ ~ .~~,~ ~~'at~r ~i~~~l ~etive~~ ap~li~atio~~ ~ .,~~ ,~~j~i~~in~ 1~x~o17~rt~~, otiv~~e~~s~~ t 1~ere1~~~ ~'erti~y that ~ t~r~~~ c~tl7e.t~ tl~e o~~'~»r o1'kh~ 1~i~ape~~h' oc° th~~ ~~i~~'~~cr's ~~~,e~~t or ct~i~tr~~ct~pu~~chas~r anr~ <~~~1 actiri~ ~~~~tfl the knotil~le~~~ ~~i~~1 co~~~scn~t ..~ . , ,, ~. ~, ~~~ ~, ~ ~~ (~tivrler S ~ t~;natc~~° ~1_ G , .~ « a ! _ ~,,,~.,~ I +~:., . 2 ;~~'TI~~A~'t~l~ ~'~~ R~~~QI~I~G ~~C~A~~ ~5~ -P~~tl~i'T A~"~~~ U~ C~I~iP P~Ai~ ~~~.~~zz3~} R~~~~V RE~U~ST~ A licant ~ ~~ ~ ~ ~ ~'~~~ pP The Planning Commission will study rezoning, special use permit waiver or community plan X15,2-2232} review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance, Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Please describe the impaet(s~ of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterfsewer, roads, schools, parksfrecreationond fire and rescue. 3 Marc ~~ Q A.~ ~~~~~ ~" ~ ~.ct cc~~~i~ ~-~ cif ~0~'1 ~~ ~~~ ~a~ ~~ ~~ ~~ ~~~~~i~ r~~~ai~~~~~ ~or~n. ~.c~ ~ 1.~4 ~.cr~ ~~. zone ~~"~ ~~a~~ ~~ ~oti~~1 as n~~~ ~r~ ~~~ ~c~~~a~~u~az~1~~, ~~~ ~. ~~ ~~~!~ act ~ ~~.~ ~~ ~l~ ~ u.~c~ .. :~~~~1 ~~ a~~~ ~~~ ~;.~ r, ~,. ~a .~Ie~~~~d~s ~, ~r . ,. Jt~ST'~F~A~~~~. FAR ~AI~IMIC~ R~Q~EST Applicant The of Zoning Appeals is required by Section 15 ,2-2309 ofthe Gode of Virginia to consider the following factors before a variance can be granted, Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. I ,The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches conf station has distinguished from a special privilege or convenience} and would prohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties in the same zoning district or vicinity, Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance wild not be of a substantial detriment to the adjacent properties or the character ofthe district. 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant Please respond to the following as thoroughly as possible, If additional space is needed, use additional sheets of paper. 1. Reasons for appeal: 2. Evidence supporting claim: 5 _ ,' ~~N~E~T '~-N CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezanings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any def ciencies that may not be manageable by County permitting regulations, The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit, Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan ~15.~-2232} review and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some ofthe items or suggest the addition of extra items, but the followin are considered minimum; ALL APPLICANTS a. Applicant name and name of development b. Date, scale and north arrow c. Lot size in acres or square feet and dimensions d. Location, names ofowners and Roanoke County tax map numbers of adjoining properties e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all ad jacent properties g. All property lines and easements h. Ali buildings, existing and proposed, and dimensions, floor area and heights i, Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING and SPECIAL USE PERhfIT APPLICANTS k, Existing utilities (water, sewer, storm drains) and connections at the site 1. Any driveways, entranceslexits, curb openings and crossovers m. Topography map in a suitable scale and contour intervals n. Approximate street grades and site distances at intersections o. Locations of all adjacent fire hydrants p, Any proffered conditions at the site and how they are addressed q. If project is to be phased, please Shaw phase schedule I certify that all items required in the checklist above are complete, F:. Signature of applicant Date b ~ist~t.g of adjoining property o~rners to proposed hardy PRD 95.43-~~33,f 9,19aI, Tax ~'f a Number Zonzn Name and Address 95,43-2-39 AG-3 Thomas & Carol Ann Lachowic~ 7G06 Apple Grope Lane Roanoke, ~~A 2401 S ar aw .,~, .,.~ , ~.~ ~ v ~® .we ~~ ~ h AG-3 95.43-?-25 9~.03~2-2;-,24 95.03-220, 20,1,2,22 45.43-2~?4 95,032-~0.2 95.x3-4-0,42 AR Mar~.n. T, ~ Jannette Y. Link SD94 ostler Dri~~e Roanoke, ~A 240 ~ S AR ~illia~. ~i. ~ Dorothy S. Tuck X078 ~~stler Dn~Te Roanoke, ~A 2401 S AR Jefferson henry Meade BOOS ~"~stler Drl~e Roanoke, ~A. 240I8 AR ~~ ~~1. AR Kranau 909 Pander Road Knoxville, TN 37923 ~~ ~~ ~. AR ~ . mas 7944 ~"histler Drl~re Ra anokey ~A 240 I S 95.U3-4-04 AR Cox Brothers LLC S00 East 8~ Street Salem, ~A 24I53 ~, b l,TAKFz.~ Property List gage 2 85.03.4-05 AR 95.03-4-06 AR 95.03-4-07 AR 95.03w4-OS AR 95.03-4-09 AR 95.03`°4-10 AR 95.03-2-11 95.03-3-~ AR AG-3 95.03-1-434-5-G AR 45.03-1-08 AR Gilliam J. & Cherie E. R~nn 7876 ~lv.s~ler Drive Roanoke, VA 24018 Philip S. & Rebecca A. Schack 7864 V~histler Drive Roanoke, VA. 24018 Peer N. ~ Elizabeth Houhoulis 7844 ~1his~ler Drive Roanoke, VA 24018 Marlin Eric &~ bendy La~~rence 7 824 ~J'his~ler Drive Roanoke, VA 2401 S David 14, ~ Elyse S. Crane 7822 Creek Circle Roanoke, VA 24018 ~.. 7812 Creek Circle Roanoke, vA 240 8 Diane 5. Briggs 7798 Creek Circle Roanoke, vA 24018 E. ~i~ayne Sawder 7502 old li~ill Road Roanoke, VA 2401 S Geo Cxarland ~ Velma ~~. Board 7659 ~~~ii.s~ler Drive Roanoke, VA 24018 ~erla 1r Azar 7929 ~hi.s~ler Drive Roanoke, VA. 24418 _ ._ .- 1 ^'~ I r ~l , I I i t } ~ ~ .` V 1.f. -__.~ I,. ~ ~. 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I i i~ i E f Y ~ i ~~~ I I I ^- ` .. ~~ ~ ~71 b# 1a~ Y ~ ~~~ ;,~.b~ ~ 1 t ~ I .. ~~~' ~ I ~~! r r fi ~ra°' ~yu~"~~ r ~ ~ Site Zoning II AG3 ~ .~liiiiilllllllll EP ~,,~ AG1 AR AV ~~ i~, C1 C2 II~~ C2CVOD ~ I1 '12 PCD PRD ~~ PTD ~ R1 R2 R3 ~~, R4 RB GB CB M1 M2 Applicants Name: Sam & Mercedes Hardy N Existing Zoning: PRD Roanoke County De artment of Proposed Zoning: AR p Tax Map Number: 095.03-02-19 & 19.01 Community Development Magisterial District: Windsor Hills Area: 81.81 Acres 12 March, 2009 Scale: l" = 600' ~/ ~ \/ T Neighborhood Conservation Applicants Name: Sam & Mercedes Hardy N Existing Zoning: PRD Roanoke County De artment of Proposed Zoning: AR p Tax Map Number: 095.03-02-19 & 19.01 Community Development Magisterial District: Windsor Hills Area: 81.81 Acres 12 March, 2009 Scale: l" = 600' ,° le~''1"' i" w '',.` N I r 'p" I ~. 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Cf (1~~~1}lC~ibl ~I~1C(ilC(7C1 ~,ny ~"' ~:, ~~~ att~C al;~~ ~w'~~'C[' (i~)~~~1~~ltIt7I1 ~ ,~~(~~(11I11i1~ ~71~i1~lt:I"C,`` ~1't°'~" ~1~'!'t'}11` C:t'I't1~1' ~}]G]~ ~ ~Ca"1' ll~~a~!'t}1t' ~111'1](:.I' (>~,f:}]G ~lI't)~'~~ r~;4' OC° t}1t ~''~,~,11~'I ~ Gl~,I;I]~ ()t'._4:(~I~ti" t~l't ~Sl1I°~}]~St~C` ~CC1(I al`I11(I1;~191~.? ~~'CL}Y t}l' }t1L~11 }~1~~ c~I1(I ~I:?Iltit;lll, ~(~~ f t17~; ~)«'~1~'r~. ~~ 1. APPLICANT -Roanoke County Public Schools Please explain how the request furthers the purposes of the Roanoke County ordinances as well as the purpose found at the applicable zoning district classification in the Zoning Ordinance. Roanoke County Public Schools is proposing a renovationladdition to Mount Pleasant Elementary. The goal is to renovate the existing school by adding classrooms, a new administrative area, new kitchen and dining room, renovated public library, and upgrade mechanical, electrical, and plumbing systems, The current property does not have the necessary acreage to expand the footprint of the school without extensive site work and eliminating a field that is currently used by Roanoke Parks and Recreation, The property that the current school is located on is zoned AV. Roanoke County Schools owns the adjacent property to the East as well. This property is zoned AR. With the adjacent property it is possible for Roanoke County Public Schools to expand the footprint of the existing school eastward onto the other property. This would eliminate costly site work as well as the possibility of losing a ball field. It also allows far the character and history of the existing Mount Pleasant Elementary to be preserved but at the same time meet the growing educational needs for technology, safety, and enrollment in a growing community. These areas classified as AR zoning are generally characterized by very low density residential and institutional uses mixed with smaller parcels that have historically contained agricultural uses, forest land and open space outside the urban service area. By granting a Special Use Permit to Roanoke County Public Schools, Roanoke County residents would be the beneficiary of a renovated institutional facility, with additional capacity, improved energy efficiency, improved public library, improved ingress and egress access points, unproved stormwater quality, and a safer and more current school facility, All this can be done without negatively impacting utilities or residents, By approving this application for a Special Use Permit, it would alleviate the need for a new school facility within this community for the considerable future. 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, By granting this Special Use permit the area will be maintained in its current state and become a proud asset of the Mount Pleasant community. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The expansion and renovation of Mount Pleasant Elementary clearly conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Community Plan states that the numerous historic sites and buildings in the community provide critical links to the traditions of the locale and are important resources to the residents of the community. This could not be truer of how Mount Pleasant Elementary not only fits within the community but is the focal point of the entire community, The "Suburban Village Center" encourages surrounding residents with public facilities such as schools, It also has the objectives of providing protection for those remaining historic and cultural sites and facilities. Mount Pleasant Elementary is precisely that to the surrounding community. The Guidelines also encourage the limitation of traffic access points, The current design does not increase the number of ingress and egress points at all, VDOT has expressed a positive response to the current design of ingress and egress locations. Improving access and circulation is also an objective of the Guidelines. Within this design, cars and buses are separated which is an improvement of the current situation on site. The buses will have a new stacking model which will make it safer for children getting on and off the buses, This will be done in the existing lot. Teachers and parents will be parking in the new lot on the property in question. The Community Design & Identity section of the Guidelines states that the objective is to maintain and in~prave existing buildings within the designated land use area. This is precisely what the renovation pro j ect is proposing. Landscaping, lighting, signage are all key items which will conform with the Community Guidelines and Zoning Ordinance. This renovation is also improving the public library which is located at this facility. The public library will be ~maved to the front of the school and utilize the existing small parking lot. Patrons will have their own entrance to the library but will still be separate from the students, Utilizing this facility for the general population is also a positive for the community. Please describe the impacts} of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, parkslrecreation, and fire and rescue, The renovation will provide new administrative space, new classroom space, new dining and kitchen facilities, new HVAC services, upgraded electrical services, a renovated and relocated public library with improved access, safer bus, vehicular, and pedestrian access within the interior of the lot, but it will also provide a new focal entrance to the facility without altering the historic look of the building which the community is so fond of, Moving forward with this renovation would also eliminate the need for a future school within this area for the considerable future. This will eliminate the need to look for new land, impact other neighborhoods, and any potential strain on current utilities. The renovations will also improve off site water quality runoff by installing multiple BMPs throughout the site. Energy efficient utilities will replace old existing ineffident units throughout the facility, lowering energy costs far the school. Geothermal wells are currently being evaluated to further increase future energy conservation as is the connection to public water. Adjoining property owners are Roanoke Parks and Recreation to the north of the property, Mr.& Mrs. Todd Gill to the northeast of the property, the Blue Ridge Parkway to the east of the property, and multiple properties to the south ~front~ of the property, No negative impact is anticipated because of Roanoke bounty's Landscape Screening & Buffering Grdinance. The :majority of the developed site will be utilized for parking during school hours. All building additions will be attached to the existing structure which is currently in the AV district, JCJST~FICATION FOR REZONING, SPECIAL SSE PERiYIIT wA'~ER OR COMP PLAN ~1~.2-~z~~~ REV~E~V RE~I~ESTS Applicant The Planning Commission will study rezoning, special use permit waiver or community plan X15.2-2232} review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as passible, Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classif cation in the Zoning Ordinance. __ Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. __ Please describe the impacts} of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and rescue. ~-~. ~ncpt 1~ f t ~~~p~e pr~~t must ~ ul~mtt~ ~~~it~ tie ~it~n, °I~ a~~~t p1~ hll g~°h~a~~l cep ~ 1 ~ hr~g, dei~~r~t c~~ ~n that ~ tea ~ ~ar~it~rc~, ~"~rthr~ the pin shah ac~cli~ess ~~ c~tntia lr~ ~ aPo ~e~igr~ i a~@iir~g r~~ the ~°ust, h in~~lr~ air, the a~~ir~t ~n~~(~~~~t~r con~itian tc~ ~irr~~t t tu° e ~ lt~pr°n~t~~ ~ pry ~ air ~~"~" ~ ref ~nis that ~t ar~~g~le b unt ~rrr~it~in r~lti~, T~ cc~r~~~pt plan sht~ul~ n~~t ~~ ~onfu~~ wit the ate ~lar~ ~ plat late ~t is r~~~ur~ rat t~ Assuan c~~ Building lr~~t" it la~z ~~ ~buldin er~~~it pl°c~du~ ~ ~rn~lin~ ~itl~ ~tat~ end gun d~~~ner~ ~°~egultt~n .~~~ inapt ~~ui ranges t~ tl~ initial canet flan" riles limitr~ ~nd~~in r~ proffered and td i~ Y°~oning ~~• ~~ed ~ special. use -er~n~it ~~~ ~7arian~ ti7e neept flan naafi l~ abed t~ tla~ extent pern~~ted tl~ anin, dit~~ic~ and c~e~° relat~ns" c~neet ~~an is reui~° it ~~ rennin, sp~~al ~~~~nt ~~~a1~~'ei°~ ~~tanit~f flan ~,-~2} r~el1e~~T and a~~iar~ ~rpplieatens" Tl~e plan sh~u~d ~ re~a~ed ~ a p~~~a~"esnna~ ~ lar~rre~°A ~'~ 1ee1 oaf detail ~ ~~~ dep+~ndin ~l~e na~u~e ~f the ~e~r~est, "lie aunt P~lannn, ~!~visi~ sta~~` ~a ee~t ~~'t~e items pest the addtien ~` e:~lra it~"I71, bit the ~`el~a~ir~~ aye enmside~ed inin~u; a. A.ppliean ~aan~e and mar~~e of dee'~ement ~~ ate ~~ allcl n~zt ~~ Last si~~ in aeres r s uar~e ~`eet ~ dirnensian Leeation ~aarnes +~~rme~~ and. .eanc~le hunt t map num~l~es of a~jc~irrir~~ ~r~e~tes a. ~~, ~'i~ysieal features suer a graund ee~er, nat~a~°al ~~fatet~e~aurses~ ~leed~~ain, etc, ~~ ", The Benin and. ~~ Fall. ad"aeent ape e~°ties ~~ raet lines and easements ~~~,. °~' ~~, .11 buildings, eistin ~~~~ ~~ dn~ensians, floor ~ ~~ l~eigl~ts ,. i, Leeati~n, ~aidtl~s ~ ~+ efa:ll e~istir~ car Matted streets ~r° ether publie ~a!s itlaim ~~ a~aent to tlae develc~emt ~~J, I~irner~siens lee~rtions of all dli~fe~~la~rs~ parin spaees amd l~ac~ing spaees ~1~c~iti~l r"t?fr~~°»z~tl~~fi ~~~~~xrrr~~~~• 1;','I.~!~~' ~a~~~'P~'C~,~tL ~ ~'"111Tt1'~"L' l~" l~istin utilities cater, sever, steam drains eanneetiens at ~ site 1, .~ ~ ievas~ entranees'eits, curb eper~ins and ~"~~~° ~~ . ~`earal~ map ~~ suitable ~ ~ c~nt~ur inter~~~als ,~°~, , n. .p~r~i~r~ate street grades and site ~iista~~ees ~ intersections ~, ~. l~c~catial~s c~fall adjacent fire 11~-d~°ai7ts ,, n rc~fiered ccmdticns tl~e site and ~ they are acl~lressecl ~. Il' r~ ~ jest ~ to be ~hase~;, please ~;1~~}~~~ base schedule ~ .' ~~~ certify tl~s~t alT ~t~r71s ~°eci~a~° 1rr ti~~ el~~c~li~~ ~v c~n~-pl~t, j ~1`rr1~rtLll'l' ~~. ~t~ppllc;a~~.~ ~' ~ ~'~ ,~ V \ ~ ~, 1 ~\ "' ~ o ~ ~ G W+'I I~ LA'I~ ~ ~ m~, ~~f~(;~j% ;. ~ I~~11 9.~( 111 I I..d~Y~+~V 1838 . NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION I~L~NIN~~ ~(I~IMI~~ ~''~'~IC~TI ~~~~.~~E P'~~~,. `~~~~~~~~~~~~t~~~ ~~~~~~ng ~~1a~~ ~ ~afffra tl~ Tir~r~i~ I~~~~~~t~~~nt ~"~.s~~~rta~i ~°~ues~ts ~~~~er ~rf~ ~~~~a~y ~n~l~ ~:~ ~n~~~a~~ ~~ ~~ ~~ol~l~ ~ ~be~~~~~i~..~ s~tcrte~t~~~~~~~~ s~lyd~}= s~ ~,~~~i~~~~ ~~~ ~ ~1~~~~~~~~~~~k~r~. ~~i ~~~i~~~z~n~ .~l a1~a~~~ ~"~~~~~ ~ f~r 1~ ~~sa~~Y ~ev~~~i; ~a~~t~~~ ~~ °~~1~at ~v~r~ra~ate~, t~~~ ~~ap~i~dn~~ ~~~l ~ n~tl~i~~ ~' t ~ntt~ua~~~ ~r~~ t~~ ~~~~ ~h~l l e~l•in~ ~~a ~~~~~ ~~~~ ,~ A Community Development - Planning & Zoning Division - , POTENTIAL OF NEED FOR TRAFFIC ANALYSIS AND/OR TRAFFIC IMPACT STUDY The following is a list of potentially high traffic-generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and~or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process. (Nate this list is not inclusive acrd the ~`ounty staff and l/DDT reserve the right to request a tragic study at any time, as deemed necessary,) High Traffic-Generating hand Uses: • Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units • Restaurant with or without drive-through windows} • Gas station/Convenience store/Car wash • Retail shop/Shopping center offices including: financial institutions, general, medical, etc.} • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotel/Motel • Golf course • Hospital/Nursing homelClinic • industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access onto/within 500-ft of intersection of a roadway classified as an arterial road ~e.g,, Rte 11, 24, 115, 117, 460, 11/460, 2~0, X21, 419, etc} • Far new phases or changes to a development where a previously submitted traffic study is more than two ~2} years old and/or roadway conditions have changed significantly • When required to evaluate access issues • Development with ingress/egress on roads planned or scheduled for expansion, widening, improvements, etc, ~i.e, on bong Range Transportation Plan, Six-Yr Road Plan, etc.} • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing/planned traffic signals} • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred X100} trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty X754} trips in an average day ~ ~+~~ , , r f ! ~ ~ f~ III ~.~` Jy !f' y i~~~~ f t ~ ~ } SSS `~~ ! ~~'` fry ~,!c ~ °~r_ -~ ,~ l;~i a f r ~`_ _= C ': '^~ / - °~ , ..a ~ ~ :7{4~< e r~ ~ ~ s. .',G _ rC yeti ~ r ~ l •' •o ! ~ r a~ ~-z~ ,-'~ >~c3 U ! w6 c5 ^ E 'i ; ` t,,l i ~ ~ ~'w 1 n ! ~ GF .i : ~'. € 1 ~ M ~ ~ r } I _ ~ ' I I I ~a r ~ +: Q xr•.r~.r' i• . tai ~. ~ _ ~ ~..Q~-,k1 G~_ o ~ G~ '+ ~I ~ ~ ~~ ~~' .~'+~- a~ ~ ski ~7'~ ?c u~ -_~,» ~ ~-~. a [= y Y' =~ ~Ytt±F -0,'J r'~ ~F Tf G _ ia.~ a~.~^.v ~. ~. 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Applic~r~ts N~r~7e; Ra~na~re 'aiar~iy A~.~~Iic Scf~aa~s ~ ~xisfin~ Zat~ir~g: AR RD~t70~~e ~nL~t~~~ ~'ra aseci Zar~ir~c: ARS ,, ~e,~at~met7~ a~ ~ .~ ,~~ Tex ~~~ ~Vumt~er: a~~.a~_Q1-~~ & 0~.a~ ;~~ Comr~~~~r~y ~eve~opt~e~~~ ,°~`~ i~~c~isfera~l pistr~~~t: ~~~~t~ r~~: 9,~ Acres ~2 Marct7, 2(~~~ ~Scal~~ ~"' ~- ~~~' ACTIGN NG. ~- 1TEM NG. ~ AT A REGULAR MEETING GF THE BGARD GF SLIPERVISGRS GF RGANGKE CGLINTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINIS'fRATIGN CENTER MEE'~ING DATE: April 28, 2009 AGENDA I'~EM: First reading of an ordinance approving a residential lease at the Roanoke County Center for Research and Technology Catawba Magisterial District} SUBMITTED BY: Anne Marie Green Director of General Services APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Roanoke County Board of Supervisors acquired four dwellings as part of the transaction for the property which became the Center for Research and Technology. Three of the houses have been demolished, but the fourth house, a log cabin, has been rented out until recently. The cabin is located on Glenvar Heights Boulevard, at the far southeast corner of the property, and the area behind it provides access to the CRT site in case of emergency. In the past, when the cabin has been unocc~~ipied, there was evidence of poaching activity on the CRT site, as well as abreak-in at the building. Staff believes that i~t is important to keep ~rhe cabin occupied, which will increase security atthe back entrance of the property. The cabin was advertised for lease in the Roanoke Times and World News and through email communication to county employees and two applications were received. General Services staff interviewed the two applicants and has chosen one whose name will be added to the lease and the ordinance for the second reading. FISCAL IMPACT: Based on the current market, the rent on the cabin will be $l5D per month for the next year, This money will replenish the maintenance account forthe facility, and provide for capital needs. At this time, it is anticipated that a new well will need to be drilled within the near future. STAFF REC4MMENDATI4N: Staff recommends that the Board approve this first reading of the ordinance and set the second reading for May 12, 2DD9. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2009 ORDINANCE APPROVING THE RESIDEN'I•IAL LEASE OF THE LOG CABIN LYING GENERALLY IN 'SHE SOUTHEAST CORNER OF THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY PROPERTY TAX MAP N0.54.~0-1-2~ IN THE CATAVIIBA MAGISTERIAL DISTRICT OWNED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY WHEREAS, by Ordinance 082807-8 the Board of Supervisors approved the residential lease of the log cabin located in the Roanoke County Center for Research and Technology (Tax Map No. 54.00-1-2) to WHEREAS, the Board of Supervisors of Roanoke County is the owner of a tract of land containing 457.60 acres, being located in the Catawba Magisterial District and designated on the Roanoke County Land Records as Tax Map No.54.00-1-2, which is being developed for economic development purposes as the Roanoke County Center for Research and Tecr~nology; and WHEREAS, by Ordinance 031098-7, the Board of Supervisors authorized the continued rental of the three residences on the property until such time as construction would begin and require termination; and WHEREAS, it would serve the public interest for the County to have the log cabin occupied and maintained until such time as all or portions thereof may be needed for economic development purposes; and WHEREAS, on December 2, 1991, the Board authorized the creation of a self balancing account entitled Glenn Mary Capital Account for acceptance of rent payments and expenditure of the funds on maintenance of the property; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate, including leases, shall be accomplished by ordinance; the first reading of this ordinance was held on April 28, 2009; and the second reading will be held on May 12, 2009. THEREFORE, BE IT QRDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. ~fhat the County Administrator or riffs designee is hereby authorized to execute a lease agreement with for the log cabin residence having the address of 4958 Glenvar Heights Boulevard, from June 2, 2009 to June 1, 2010, thereafter continuing on a month to month basis, for a monthly rental of $750.00 to be paid intothe Glenn Mary Capital Account. 2. That the County Administrator or his designee is authorized to execute said lease agreement on behalf of the Board of Supervisors of the County of Roanoke and to execute such other documents and take such further actions as are necessary to accomplish this transaction, all of which shall be upon form and subject to the conditions approved by the County Attorney. 3. That this ordinance shall be effective on and from the date of its adoption. 2 ACTION N0. r L ITEM N0. ~IT AT A REGULAR MEETING OF '`HE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 28, 2DD9 Second reading of an ordinance authorizing conveyance of an easement to Western Virginia VllaterAuthorityfora water line across property owned by the Board of Supervisors at the Roanoke Co~~~nty Fleet Services Building, Hollins Magisterial District Joseph B, Obenshain Senior Assistant County Attorney B. Clayton Goodman, III -, County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMA'I'[ON: This is the second reading of an ordinance that dedicates an easement through the Fleet Services Building property in order for the Western Virginia Water Authority ~WVWA} to provide the water service required for the new Fleet Services facility building on Hollins Road in the Hollins Magisterial District. The first reading was held at the April 14, 2DD9 meeting. A plat prepared by Lumsden Associates, P.C. showing the location of this easement on the Fleet Service Center property, designated PLAT SHOWING RESERVE AREAS AND WATERLINE EASEMENT FOR W`RACT 1 X9.1?9 AC.} PLAT INSTUMENT#200802243} PROPERTY OF BOARD OF SUPERVISORS, ROANOKE COUNTY, VIRGINIA, SITUATED ALONG HOLLINS ROAD, HOLLINS MAGISTERIAL DISTRICT, ROANOKE, VIRGINIA", dated April 18, ZDDS is attached. FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. ALTERNA'~IVES: 1. Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for conveyance of the permanent easement of Roanoke County property as requested by Western Virginia Water Authority (WVWA). 2. Decline to adopt the proposed ordinance, STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative ~ . AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE COUNTY, VIRGINIA, HELD AT THE RGANGKE CGLINTY ADMINISTRATIGN CENTER, TUESDAY, APRIL 28, 2009 ORDINANCE AU'~HORIZING CONVEYANCE 4F AN EASEMENT T4 INES'~ERN VIRGINIA WATER AUTHORITY FOR A WATER LINE ACROSS PROPERTY DINNED BY THE BOARD 4F SUPERVISORS AT 'SHE R4AN4KE COUNTY FLEET SERVICES BUILDING, HOLLINS MAGISTERIAL DIS'~RICT WHEREAS, Roanoke County is in the process of construc~ring a Fleet Services Building located on Hollins Road; and WHEREAS, the Western Virginia Water Authority (WVWA) requires aright-of-way and easement for underground water line on the County's property to provide water service to the site as shown on the plat entitled "PLAT SHGWING RESERVE AREAS AND WATERLINE EASEMENT FOR "TRACT 1 (9.179 AC.) (PLAT INSTUNIENT #200802243) PROPERTY GF BGARD GF SUPERVISGRS, RGANGKE COUNTY, VIRGINIA, SITUATED ALGNG HGLI_INS RGAD, HGLLINS MAGISTERIAL DISTRICT, RGANGKE, VIRGINIA", dated April 18, 2008; and WHEREAS, the proposed right-of-way will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE ITGRDAINED bythe Board of Supervisors ~f RoanckeCounty, 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 onlybyord'rnance. A first reading of this ordinance was held on April 14, 2009, and a second reading was held on April 28, 2009. 2. -that pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to WVWAforthe provision of water service in connection with Roanoke Co~~inty's Fleet Services Bi~~ilding. 3. -that donation to WVWA of an easement and rigl~t-of-way for an underground water line and related improvements, within the easement area designated on the above- mentioned map, on the County's property (Tax Map No. 39.05-2-4) to provide water service to the Fleet Services Building is hereby authorized and approved. 4. That the County Administrator, or any 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. 5. -that this ordinance shall be effective on and from the date of its adoption. wOJ~~lN~45Wf11~1lvw ~11'~'~ BL4bi Y~NI~bN `~?IQrvVOa Srr6•ttc IQrS] ~xv~ 6990 XQ9'Q'd <«r•~ft {0~5f ~]N~Hd MS'~f1N~hVNQ1~19W~J9 b99r OrOtl M+1N1~0+~ 07D i~ 71 M ~ ~~ ~ ~prr , J a ~ ~ ~°~ 3'r ~w ~~~ ~U~ ~N~ Ob~ xbW 1 4a~i W~ Y .. ~~~~~~ ~~~~~~~ ~~~~~~ Y[N1J~lA'3~ioN~'0~ S~~NN~']rd-uS"r~Ory~~L-~~~A~~u~S~-,r5~~~,~~1JU3 .~ ~ +~~~ Y 1JVJJ Y 111~Q~71'V~~~ 1~ ~~~~~ .~ ~~ I ~i ~~ ~ ~ ~ ~ 4 [~[ 1 DM I~~ i '~~.,_'• ''' ~ ~ 0 s °~ ~~ ~~ ~ti ` • ~ ~ti I ~, s ~ fir,. 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"~ ~ I BOOZ 'B l I!~! -alrq ~ ~ o •~ }., (~? ~ ~w~ ~~2 i~ ~ ~'q;~ ~~ a~ ~ ~ m~~ ~ ~ ti ~~ ~~ ~ ~ b "~'~ ~~ -~-1 ~~ ~Z ~ ~ (~ ~4 ~ ~~-y j Oti ti ~ I4: ~ ~w ~ ~~ ~ O ^\ ~ W(/) (~. ~ ~ ~ ~(~ U ~~~ ~ ^ V ~ztiaa~"~ q~ O a~ w D ~ In a W ~+ -- f~ ~ ~ ` ~ ohm ~ ~ ~o ~,_ ~ Q~~ ~~ ~~ ~~ °~ ~E• ~o ~ ~~~ , ~ ~ ~~ ~ g ~ ~ U ,~ f~0 ~ :7 tir ~~Q] ~ 1, ~ 1, S ~ ~~ ~ ~ ~~~ ~~~ ~~ °~~ ~~~ ~, ~7 Ag ".5 V a ~4~p sE ~Y ~y~d° x~i ~ !e`~ b`ec; eA~q ~ gS~ ~ d~~[~'~.s ~ E~288 6s~6 Qs~~~~g£g~ ~~i a~a ~~~A~ ~gas~~~~~~~~~~~ z W {~ z ACTION N0. ITEM NO. ~ ~ Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY,VIRGINIA HELDATTHE ROANOKECOUNTYADMINIS`fRATIONCENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 28, 2009 Second reading of an ordinance authorizing conveyance of an easement to Appalachian Power Company AEP}for electrical service to a residence on Westward Lake Drive, a paper street, in ~rhe Catawba Magisterial District Joseph B. Obenshain Senior Assistant County Attorney B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The Appalachian Power Company AEP} desires to provide service to a new residence located on Westward Lake Drive and to install an underground line forthis service. AEP has requested the County to convey to them a right of way and easement ten feet in width along the margin of Westward Lake Drive for this underground utility location. Westward Lake Drive is a part of a platted subdivision but has never been taken into the state Secondary Road system and remains a paper street under the control of Roanoke County. SUMMARY OF INFORMA'~ION: The proposed ordinance would authorize the conveyance to AEP of a permanent utility right of way and easement, ten feet X10'} in width for proposed installation of an underground electric line in Westward Lake Drive, a paper street. Westward Lake Drive was dedicated to public use by plat recorded in Plat Book 3, page 87, in the Clerk's Office of the Circuit Court of Roanoke County. The Department of Community Development has also reviewed these plans. -f he first reading of the ordinance was held on April 14, 2009. FISCAL IMPACT: No fiscal impact to Roanoke County is anticipated. ALTERNA'~IVES: ~ , Adopt the proposed ordinance authorizing ~khe County Adrninistrator to execute the necessary documentsforconveyanceofthe permanent easement of Roanoke County property as requested by Appalachian Power Company ~AEP}. 2. Decline to adopt the proposed ordinance, STAFF RECOMMENDATION: County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative ~ . 2 AT A REGULAR MEETING OF -fHE BOARD 4F SUPERVISORS 4F ROANOKE COUNTY, VIRGINIA, HELD AT THE R4AN4KE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 28, 2009 ~RDINANCEAIJTH~RIZINGC~NVEYANCE~FAN EASEMENTT~THE APPALACHIAN PaWER COMPANY FOR ELECTRICAL SERVICE TG A RESIDENCE ON VI~EST~IVARD LAKE DRIVE, A PAPER STREET, IN THE CATAINBA MAGISTERIAL DISTRICT WHEREAS, Appalachian Power Company (AEP) desires to provide electric utility service by an underground electric line to a new residence located on a portion of Westward Lake Drive which was dedicated to public use in Plat Book 3, page 87, in the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia; and WHEREAS, the portion of Westward Lake Drive where this electric line will be located has not been accepted into the state Secondary Road System and therefore remains a "paper street"under the ownership and control of Roanoke County; and WHEREAS, Appalachian Power Company (AEP) requires aright-of-way and easement from Roanoke County for their underground electric line on the County's property to provide electric service to the site, Tax Parcel, # 054.02-05-51, as shown on the plat entitled "PROPOSED RIGHT OF WAY 4N THE PROPERTY OF BOARD 4F SUPERVISORS, R4AN4KE COUNTY, VIRGINIA,", dated 312712009; and WHEREAS, the proposed easement will serve the interests of the public and is necessary for the public health, safety, and welfare of the citizens of Roanoke County. THEREFORE, BE IT ORDAINED bythe 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 April 14, 2009, and a second reading was held on April 28, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be conveyed is hereby declared to be surplus, and is hereby made available for other public uses by conveyance to Appalachian Power Company (AEP) for the provision of electric service to a residence in the Catawba Magisterial District of Roanoke County. 3. That donation to (AEP) of an easement and right-of-way for an underground electric line and related improvements within the easementarea designated on the above- mentioned map for utility service to property owners, designated as Tax Map No. 054.02- 05-51, is hereby authorized and approved. 4. 'that the County Administrator, or any 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. 5. rf hat this ordinance shall be effective on and from the date of its adoption. 2 7a N PROPOSED RIGHT OF WAY /~ `, - _ _ _ , - . PROPOSED NEW UNDERGROUND LINE - - - - EXISTING OVERHEAD LINE AP~ALACHU~N POWER C~1NpANY CWIW.E~igl~ R~WOli~i0J11r01~ pIO1RIGT i~WDl4~ C~IWTY, VW4~Fi1~l ROANDKE CdUNTY, V1RGiN1A T.Q. BBbdOQ MAP SEd?'ION 3TB~Ox~9C1 PROPOSED RIGHT OF WAY ON THE PROPERTY OF BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINfA auwHSr: LMA ouF: 3!27/2009 nvP er. Cpl{ sc~uE: NONE • s-+~er ~ of ~ DRAWING N0. V 1995 ACTIGN NG. ITEM NO. ~- ~ AT A REGI.ILAR MEETING GF `fHE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA HELD ATTHE RGANGKE CGUNTYADMINIS-fRATIGNCENTER MEETING DATE: AGENDA I'~EM: SUBMITTED BY: APPRQVED BY: April 28, 2009 Second Reading and Public Hearing of an Grdinance establishing a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions Rebecca Gwens Director of Finance B. Clayton Goodman, III ~(~~ County Administrator ~~ COUNTY ADMINISTRATOR'S CQMMENTS: SUMMARY QF INFQRMA'I'I~N: In May 2008, the Board approved changes to the retiree health insurance benefit in order to reduce the financial impact as the result of implementing GASB 45. In Gctober 2008, we held awork session with the Board explainingthat investing these annual contributions in a trust will further minimize the cost. Staff was watching the 2009 General Assembly session to see if VRS would offer to invest these funds for localities. A bill was introduced for this, but was tabled in committee. There are many benefits of using a pooled trust, and the County would like to join the VACoNML GPEB Pooled Trust ~"the Trust"}. This is the only pool GPEB trust offered in Virginia, and it offers the advantage of economies of scale and cost sharing with other localities, as well as access to sound professional advice and a well diversified portfolio. The Trust currently has $80.5 million in assets. ~fhis plan is directed and controlled by local government officials. Attachment A shows the localities and schools districts that are members. In order to join the Trust, the Board must adopt the attached ordinance, which forms a local finance board to serve as trustee and authorizes them to execute a contract with the Trust. The Local Finance Board will meet quarterly to monitor the performance of the investments, review the actuarial reports, and make sure that the plan is adequately funded. According to State Code, the Finance Board should be composed of at leastthree members, to include the chief financial officer, the treasurer, and at least one additional person who is a citizen of the Commonwealth with proven integrity, business ability, and demonstrated ability in cash management and investments. It is suggested that the Local Finance Board be composed of Kevin Hutchens Treasurer}, Diane Hyatt Chief Financial officer}, Rebecca Owens Director of Finance}, and Paul Mahoney County Attorney}. At some time in the future, the School Board andlor the Roanoke Valley Resource Authority may wish to participate in our trust account, with a separate account. This saves some cost over joining separately, and allows us to share knowledge and skills on the Local Finance Board. Ulle have built provisions intothe ordinanceto allowthem to join ata later time, if they choose. The first reading of this ordinance was read on April 14, 2009. The public hearing was advertized on April 21, 2009. FISCAL IMPACT: After the County account is established, we will need to make a deposit into the trust account representing the actuarially computed liability for 2001-08 x$621,231 } and for 2008-09 x$358,100}fora total depositof $985,331. This deposit needsto be made before June 30, 2009. These amounts have already been appropriated in the respective year budgets. Future year deposits will be budgeted in each year based ~~pon the actuarial reports. STAFF REC~MMENDAI'I~N: At the conclusion of the public hearing, staff recommends approving the second reading of the attached ordinance to establish a trustfor ~PEB benefits, establish the local finance board as trustee, appoint its members, and authorize it to join the VACoNML ~PEB pooled trust. ATTACHMENTA VACoNML ~PEB Pooled Trust Fund Participant List as of February 2009 County of Henrico City of Suffolk Public Schools City of Suffolk Fairfax County Chesapeake Public Schools Chesapeake County Public Schools Chesterfield County City of Roanoke Fairfax Public Schools Virginia Beach Public Schools City of Virginia Beach Lucy CorrVillage Stafford County P~iblic Schools Faquier County Faquier County Public Schools Town of Leesburg City of Sta u nto n Staunton City Public Schools AT A REGULAR MEETING GF THE BGARD GF SUPERVISORS OF RGAN4KE COUNTY, VIRGINIA, HELD AT THE ROANOKE CGUNTY ADMINISTRATION CENTER GN TUESDAY, APRIL 28, 2009 AN ORDINANCE ESTABLISHING A TRUST FGR THE PURPGSE GF ACCUMULATING AND INVESTING ASSETS TG FUND PGST- EMPLGYMENT BENEFITS G'~HERTHAN PENSIGNS WHEREAS, the Board of Supervisors of Roanoke County, Virginia therein the "Board"} intends to establish a trust, trusts, or equivalent arrangements for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions in accordance with section 15.2-1544 of the Virginia Code; and, WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary and the employment of the officers and other employees needed to carry out the functions of government; and WHEREAS, in connection with the employment of the officers and other employees needed to carry out the functions of government, the County of Roanoke therein the "County"} has established certain plans to provide post-employment benefits other than pensions therein "ether Post-Employment Benefits"}, as defined in Section 15.2-1545 of the Virginia Code, to individuals who have terminated their service to the County of Roanoke and to the beneficiaries of such individuals; and WHEREAS, Article S, Chapter 15, Subtitle Il of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.) provides that the governing body of a County may establish a trust for the purpose of accumulating and investing assets to fund ether Post- Employment Benefits; and vVHEREAS, the Board may permit the Roanoke County School Board to participate in any trust established by it for the purpose of accumulating and investing assets to fund ether Post-Employment Benefits, and such participation may be evidenced by a separate agreement with the Roanoke County School Board; and, UUHEREAS, the Board may permit the Roanoke Valley Resource Authority to participate in any trust established by it for the purpose of accumulating and investing assets to fund Other Post-Employment Benefits, and such participation may be evidenced by a separate agreement with the Authority; and, VIJHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and VIlHEREAS, any two or more political subdivisions may enter into agreements with one another for joint action pursuant to tl~e provisions of Section 15.2-130 of the Virginia Code provided that the participating political subdivisions shall approve such agreement before the agreement may enter into force; and UUHEREAS, numerous localities in the Commonwealth of Virginia have determined to join~~ly establish and participate in the Virginia Pooled ~PEB Trust Fund the "Trust Fund"}for each such locality; and 2 WHEREAS, it appearing to the Board of Supervisors of the County of Roanoke that it is otherwise in the best interests of the County to become a participating employer in the Trust Fund; and, WHEREAS, the first reading of this ordinance was held on April 14, 2009, and the second reading and public hearing on triis ordinance was held on April 28, 2009. BE 1T GRDAINED BY THE BGARD 4F SUPERVISORS GF RGANGKE CGUNTY, VIRGINIA, AS FOLLOWS: § 1 That the County does hereby establish a trust pursuant to Section 15.2- 1544 of the Virginia Code for the purpose of accumulating and investing assets to fund tither Post-Employment Benefits, in the form set forth in the Virginia Pooled GPEB Trust Fund Agreement the "Agreement"}, a copy of which is attached here as Exhibit A. § 2 That the County Administrator is hereby authorized to execute on behalf of the County an agreement(s) with the Roanoke County School Board and/or the Roanoke Valley Resource Authority permitting it(them) to participate in any trust, trusts or equivalent arrangements for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions in accordance with section 15.2- 1544 of the Virginia Code. Separate accounts will be established for each participating entity. § 3 That the County does hereby agree to become a "Participating Employer" in the "Virginia Pooled GPEB Trust Fund" thereinafter, the "Trust Fund"}, as further defined in the Agreement. § 4 That the County does hereby appoint the following individuals to the local finance board and for the terms of office pursuant to Section 15.2-1541 of the Virginia 3 Code to serve as the trustee of the County with respect to the Trust Fund, and as the "Local Finance Board" as defined in the Agreement: Kevin Hutchins Diane Hyatt Rebecca Owens Paul M. Mahoney The finance board shall be composed of at least three members who shall include the chief financial officer of the County, the treasurer of the County, and at least one other additional person who shall be a citizen of the Commonwealth with proven integrity, business ability, and demonstrated experience in cash management and in investments. The finance board may be expanded by the Board of Supervisors to provide representation for any other political subdivision that may, in the future, agree to participate in the Trust Fund with the County. Subsequent appointments to the finance board may be made by resolution adopted by the Board of Supervisors. § 5 That the County does hereby direct the Local Finance Board to execute and deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled OPEB Trust Fund ~"Trust Joinder Agreement"}, a copy of which is attached hereto as Exhibit B. § 6 That the County does hereby designate the following benefits provided to individuals who have terminated their service to the County and to the dependents of such individuals as Other Post-Employment Benefits: 4 Retiree Health Insurance Benefits § 7 That this ordinance shall be in force and effect immediately upon its adoption. Exhibits: Virginia Pooled OPEB Trust Fund Agreement ~"Exhibit A"} Trust Joinder Agreement for Participating Employers under Virginia Pooled ~PEB Trust Fund ~"Exhibit B"} 5 Exhibit ~ ~IRGIl~IA P~~LED UPEB TRUST PUN~D AGREEMEI~IT THIS AGREEMENT the "Agreement"}, made by and between the Participating Employers and their Local Finance Boards who execute Trust Joinder Agreements to participate in the Virginia Pooled GPEB Trust Fund, and the individuals named as Trustees pursuant to Section 1 ~G hereof and their successors the ;`Board of Trustees"}. The Participating Employers and their Local Finance Boards hereby establish with the Board of Trustees, and the Board of Trustees hereby accept, under the terms of this Agreement, a trust for the purpose of accumulating and investing assets to fund post-employment benefits other than pensions as provided in Article S, Chapter 1 S, Subtitle II of Title 1 S .2 of the Virginia Code ~§ § 15.2-1544 et seq.} to beheld for the purposes set forth herein. wITNESSETH: WHEREAS, Section 15.2-150 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which axe necessary and the employment of the officers and other employees needed to carry out the functions of government; and wSEREAS, in connection with the employment of the officers and other employees needed to carry out the functions of government, a locality may establish certain plans to provide post-employment benefits other than pensions preferred to hereinafter as "ether Post- Employment Benefits"}, as defined in Section 15.2-1 S4S of the Virginia Code, to individuals who have terminated their service to the locality and to the dependents of such individuals; and WHEREAS, Article S, Chapter 15, Subtitle lI of Title 1 S .2 of the Virginia Code ~~~ 15.2-1 S44 et seq.) provides that the governing body of a city, county, or town, school district or the governing body of any other political subdivision that is appointed by a city, county, or town, if so authorized, may establish a trust, trusts, or equivalent arrangements for the purpose of accumulating and investing assets to fund GtherPost-Employment Benefits; and wHEREA5, Section 1 S .2-130 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, the County of Fairfax and the County of Henrico have adopted ordinances approving participation in the Virginia Pooled GPEB Trust Fund for each such locality; and wHE~EAS, the Participating Employers and their Local Finance Boards and the Board of Trustees of the Virginia Pooled GPEB Trust Fund therein refereed to as the "Trust Fund"} hereby establish a trust for the purpose of accumulating and investing assets to fund Other PQSt- ~~~ Employment Benefits for Participating Employers; and `~ WHEREAS, the parties intend that the Trust Fund hereby established, when taken together with the plans providing Other Post-Employment Benefits, shall constitute a "voluntary employees' beneficiary association" under Section 501 ~c}~9} and atax-exempt governmental trust under Section 115 of the Internal Revenue Code of 19$6, as amended; NOS', THEREFOR, the parties hereto mutually agree as follows: PART 1-GENERAL PROVISIONS Section 100. APPLICATION. The pmvisians of Part 1 are general adnvnistrative provisions applicable to each Part of this Agreement and provisions applicable to the Board of Trustees, Section 101. DEFIl~ITIONS. The following definitions shall apply to this Agreement, unless the context of the term indicates otherwise, and shall govern the interpretation of this Agreement: A. Admuustrator. The term "Administrator" means the Virginia Local Government Finance Corporation ~dlbla "VMLIVACo Finance Program"} or any successor designated by the Board of Trustees, with the consent of the Virginia Association of Counties and Virginia Municipal League, to admuuster the Trust Fund. ' B. Benefici .The term "Benef ciary" means a person designated by an Employee, in accordance with the terns of a Plan, to be entitled to Benef is under such Plan, and where the context requires, includes a dependent of the Employee. , C. ~ Code. The term "Cade" means the Internal Revenue Code of 1986, as amended, and, as relevant in context, the Internal Revenue Code of 1954, as amended. D. Custodian. The term "Custodian" means the banks, mutual funds, insurance companies or other qualified entities selected by the Board of Trustees, under a separate written document with each, to hold the assets of the Trust Fund. E. Effective Date. The term "Effective Date" means the date coinciding with the last to occur of each of the following events: ~i}passage of an ordinance by each of the Counties of Fairfax and Henrico approving such Counties as Participating Employers in the Trust Fund; iii} execution by the Local Finance Boards of the Counties of Fairfax and Henricv of the Trust Joinder Agreement; viii} execution of this Agreement by all members of the initial Board of Trustees and the Administrator; and Div} any contribution of cash to the Trust by a Participating Employer. 2 F. Em Io ee. The term "Employee" means the employees and officials, if applicable, of an Employer, and where the context requires, includes former Employees who have terminated service with an Employer. G. Em to er. The term "Employer" means ~i}the governing body of any county, city, or town within the State, ~u}the governing body of any other political subdivision within the State authorized to establish a trust under Section 15.2-1544 of the Virginia Code by the governing body of any county, city, or town that appointed in whole or in part such governing body, or viii}any appointed or elected school board within the State. H. Fiscal Year. The fast fiscal year of the Trust Fund shall be a short fiscal year beginning on the E~'ective I}ate of this Agreement and ending on June 30, 2ooS. Each subsequent fiscal year of the Trust Fund shall begin on the fast day of July and end on the thirtieth day of June. I. Investment Policy. The term "Investment Policy" means the Virginia Pooled OPEB Trust Fund Investment Policy, as established by the Board of Trustees, as amended from time to time. J, Local Finance Board. The term "Local Finance Board" means the finance board, or any retirement board or deferred compensation board appointed by the governing body of a Participating Employer to serve as the trustee of such Participating Employer with respect to the Trust Fund, in accordance with Section 15.2-1547 of the Virginia Code, by execution of the Trust Joinder Agreement. Each Local Finance Board shall be the trustee and representative of its Participating Employer for purposes of this Agreement and shall vote the beneficial interest of such Participating Employer in the Trust Fund, as prescribed in Part 3 of this Agreement. K. Other Post-Employment Benefits. The term "Other Post-Employment Benefits" means any and all post-employment benefits other than pensions, including but not limited to medical, dental, vision, disability and life insurance which may be provided to Employees and Beneficiaries, as may be provided under Plans of Participating Employers. L. Participating Employer.. The term "Participating Employer" means an Employer whose governing body has passed an ordinance or resolution to participate in the Trust Fund, and whose Local Finance Board, serving as the trustee of such Employer in accordance with Section 15,2-1547 of the Virginia Code, executes a Trust Joinder Agreement, as provided in Section 301 hereof. M. Plan. The term "Plan" means the plan or plans established to provide Other Post-Employment Benefits, which are maintained by Participating Employers pursuant to any applicable statute, regulation, ordinance, resolution, plan, program, policy, agreement, understanding or other arrangement for the benefit of Employees and their Beneficiaries. N. State. The term "State" means the Commonwealth of Virginia. 3 Q. Trust Fund. The term "Trust Fund" means the Virginia Pooled QPEB Trust Fund., ~ comprised of all of the assets set aside hereunder for the purpose of accumulating and investing assets to fund QtherPnst-Employment Benef ts. P. Trust Joinder A Bement. The term "Trust Joinder Agreement" means the agreement, in the farm attached hereto as Exhibit A, pursuant to which the Local Finance Board joins i.n the Trust Fund, as the trustee of such Participating Employer, and agrees to be bound by the terms and conditions of the Virginia Pooled QPEB Trust Fund Agreement, as provided in Section 3a1 hereof. ~. Trustees. The term "Trustees" means the individuals who serve on the Board of Trustees of the Trust Fund pursuant to Section l Ob hereof and their successors. R Vir inia Code. The term "Virginia Code" means the Laws embraced in the titles, chapters, articles and sections designated and cited as the "Code of Virginia," under the Iaws of the State. Section 1a2. GENERAL DUTIES AND MEET~IGS QF THE BQARD QF TRUSTEES. A. General Duties. The Board of Trustees and each Investment Manager appointed pursuant to this Agreement shall discharge their respective duties under this Agreement solely in the interest of Employees and Benef curies of the Participating Employers and: ~i} except as otherwise provided by any applicable provision of any statute, regulation, ordinance, or resolution, for the exclusive purpose of providing tither Post-Employment Benefits to ~` Employees and Beneficiaries of Participating Employers and defraying the reasonable expenses ` of administering the Trust Fund; iii}with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with the same aims; and (iii} by diversifying the investments of the Trust Fund so as to minimize the risk of large losses unless under the circumstances, it is clearly prudent not to do so. However, the duties and obligations of the Board of Trustees and each Investment Manager, respectively, as such, shall be limited to those expressly imposed upon them, respectively, by this Agreement notwithstanding any reference herein to the Plans. The Board of .Trustees shall administer the Trust Fund in compliance with Code Section So3~b}. I. Authorlt~of the Trustees. The Trustees shall have the power and authority and shall be charged with the duty of general supervision and operation of the Trust Fund, and shall conduct the business and activities of the Trust Fund in accordance with this Agreement, the Trust Joinder Agreements, bylaws, rules and regulations adopted by the Board of Trustees and applicable law. 2. Trustees' Liabilities. No Trustee shall be liable for any action taken pursuant to this Agreement in good faith or for an omission except bad faith or gross negligence, or for any act of omission or commission by any other Trustee. The Trustees are hereby authorized and empowered to obtain, at the expense of the Trust Fund, liability insurance fully protecting the respective Trustees, the Administrator, and the 4 Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for ail acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save, hold harmless and indemnify the Trustees and Administrator from any loss, damage or expense incurred by said persons or entities while acting in their official capacity excepting bad faith or gross negligence. 3. Standard of Review. In evaluating the performance of the Trustees, compliance by the Trustees with this Agreement must be determined in light of the facts and circumstances existing at the time of the Trustees' decision or action and not by hindsight. 4. Limita~ons on Liabilities. The Trustees' responsibilities and liabilities shall be subject to the following limitations: ~a} The Trustees shall have no duties other than those expressly set forth in this Agreement and those imposed on the Trustees by applicable laws. fib} The Trustees shall be responsible only for money actually received by the Trustees, and then to the extent described in this Agreement. The Trustees shall not be under any duty to require payment of any contribution to the Trust Fund or to see that any payment made to them is computed in accordance with the provisions of the Plans. ~c} The Trustees shall not be responsible for the correctness of any determination of payments or disbursements from the Trust Fund. ~d} The Trustees shall have no liability for the acts or omissions of any predecessor or successor in o ice. fie} The Trustees shall have no liability for ~i}the acts or omissions of any Investment Advisor or Advisors, or Investment Manager or Managers; iii} the acts or omissions of any insurance company; iii}the acts or omissions of any mutual fund; or Div} following directions that are given to the Trustees by the Local Finance Board in accordance with this Agreement. B. Reliance on Counsel. The Board of Trustees may employ, retain or consult with legal counsel, who may be counsel for the Administrator, concerning any questions which may arise with reference to the duties and powers or with reference to any other matter pertaining to this Agreement; and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustees in good faith in accordance with the opinion of such counsel, and the Trustees shall not be individually or collectively liable therefor. C. Meetings. The Board of Trustees shall meet at least quarterly, and more frequently if called, at the principal office of the Trust Fund or at such other location as may be acceptable to a majority of the Trustees. One such quarterly meeting of the Board of Trustees 5 shall beheld as soon as practicable after the adjournment of the annual meeting of Local Finance Boards of Participating Employers at such time and place as the Board of Trustees may designate. tither meetings of the Board of Trustees shall be held at places within the Commonwealth of Virginia and at times famed by resolution of the Board of Trustees, or upon call of the Chaupersan of the $oard or a majority of the Trustees, on not less than ten ~10~ days advance notice. Such notice shall be duetted to the Trustees by mail to the respective addresses of the Trustees as recorded in the once of the Trust Fund. The notice of any special meetings of the Board of Trustees shall state the purpose of the meeting. A majority of the number of Trustees elected and serving at the time of any meeting shall constitute a quorum for the transaction of business. The act of a majority of Trustees present at a meeting at which a quorum is present shall be the act of the Board of Trustees. Less than a quorum may adjourn any meeting. D. Office of the Trust Fund. The Administrator shall establish, maintain and provide adequate funding for an office for the administration of the Trust Fund. The address of such office is to be made known to the parties interested in or participating in the Trust Fund and to the appropriate governmental agencies. The books and records pertaining to the Trust Fund and its administration shall be kept and maintained at the office of the Trust Fund. E. Execution of Documents. A certificate signed by a person designated by the Board of Trustees to serve as Secretary shall be evidence of the action of the Trustees, and any such certificate or other instr~urient so signed shall be kept and maintained at the office of the Trust Fund and may be relied upon as an action of the Trustees, _ f.. l F. A ointment of Administrator. Tie Virginia Local Government Finance Corporation is hereby designated the Administrator. The Board of Trustees may designate any successor Administrator on]y with the consent of the boards of the Virginia Association of Counties and the Virginia Municipal League and shall provide compensation for the Administrator to administer the affairs of the Trust Fund. G. Du to Furnish Information, The Local Finance Boards and the Board of Trustees shall furnish to each other any document, report, return, statement or other information that the other reasonably deems necessary to perform duties imposed under this Agreement or otherwise imposed by law, H. Reliance on Communications. The Board of Trustees may rely upon a certification of a Local Finance Board with respect to any instruction, direction, or approval of its Participating Employer and may continue to rely upon such certification until a subsequent certification is filed with the Trustees. The Trustees shall have no duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as fully authorized by the Local Finance Board and its Participating Employer. 6 Section 103. ADMIl~ISTRATNE PawE~S AND DUTIES. A. Trustees. The Board of Trustees, in addition to all powers and authorities under common law or statutory authority, including Article $, Chapter 15, Subtitle B of Title I5.2 of the Virginia Code ~~~ 15.2-1544 et seq.}, shall have and in its sole and absolute discretion may exercise from time to time and at any time, either through its own actions, delegation to the Administrator, or through a Custodian selected by the Board of Trustees, the following administrative powers and authority with respect to the Trust Fund: I. To receive for the purposes hereof all cash contributions paid to them by or at the direction of the Participating Employers or their Local Finance Boards. 2. To hold, invest, reinvest, manage, administer and distribute cash balances as shall be transferred to the Trustees from time to time by the Participating Employers or their Local Finance Boards and the increments, proceeds, earnings and income thereof for the exclusive benefit of Employees and Beneficiaries under the Plans of each Participating Employer. 3. To continue to hold any proper~ky of the Trust Fund that becomes otherwise unsuitable for investment for as long as the Board of Trustees in its discretion deem desirable; to reserve from investment and keep unproductive of income, without liability for interest, cash temporarily awaiting investment and such cash as it deems advisable, or as the Administrator from time to time may specify, in order to meet the administrative expenses of the Trust Fund or anticipated distributions therefrom. 4. To hold property of the Trust Fund in the name of the Trust Fund or in the name of a nominee or nominees, without disclosure of the trust, or in bearer form so that it will pass by delivery, but no such holding shall relieve the Board of Trustees of its responsibility for the safe custody and disposition of the Trust Fund in accordance with the provisions of this Agreement; the books and records of the Board of Trustees shall show at all times that such property is part of the Trust Fund and the Board of Trustees shall be absolutely liable for any loss occasioned by the acts of its nominee or nominees with respect to securities registered in the name of the nominee or nominees. 5. To employ in the management of the Trust Fu~~d suitable agents, without liability for any loss occasioned by any such agents, selected with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with the same aims. 5. To make, execute and deliver, as trustee, any deeds, conveyances, leases, mortgages, contracts, waivers or other instruments in writing that it may deem necessary or desirable in the exercise of its powers under this Agreement. 7. To do all other acts that it may deem necessary or proper to carry out any of the powers set forth in this Section 103 or Section 202, to administer or carry out the 7 purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund; provided, however, the Board of Trustees need not take any action unless in its opinion there are sufficient Trust Fund assets available for the expense thereof, S. To adopt bylaws governing the Trustees' operations and procedures. 9. To contract with municipal corporations, political subdivisions and other public entities of State or of local government and private entities for the provision of Trust Fund services and for the use or furnishing of services and facilities necessary, useful, or incident to providing Trust Fund services. 10. To advise the Administrator on the establishment of expectations with regard to the provision of administrative services and the establishment of appropriate fee levels. . 11. To establish and charge fees for participation in the Trust Fund and for additional administrative services provided to a Participating Employer in addition to any fees charged by other administrative service providers. 12. To collect and disburse all funds due or payable from the Trust Fund, under the terms of this Agreement. 13. To provide for and promulgate all rules, regulations, and forms deemed necessary or desirable in contracting with Local Finance Boards and then Participating Employers, in fulfilling the Trustees' purposes of providing other Post-Employment Benef is through the Trust Fund, and in maintaining proper records and accounts. 14. To employ insurance companies, banks, trust companies, investment brokers, investment advisors, or others as agents for the receipt and disbursement of funds held in trust for Participating Employers. 1 ~. ~To determine, consistent with the applicable law and the procedures under the Trust Fund, all questions of law or fact that may arise as to..investments and the rights of any Participating Employer to assets of the Trust Fund. 1 ~. Subj ect to and consistent with the Code and the Virginia Cade, to construe and interpret the Trust Agreement and to correct any defect, supply any omissions, or reconcile any inconsistency in the Agreement. 17. To contract for, purchase or otherwise procure insurance and investment products. B. Administrator. Pursuant to an administrative services agreement between the Board of Trustees and the Administrator, the Administrator shall have the power and authority to implement policy and procedural matters as directed by the Board of Trustees as they relate to S the ongoing operation and supervision of the Trust Fund and the provisions of this Agreement and applicable law. Section 104. TAKES, EXPENSES AND COMPENSATION OF TRUSTEES. A. Taxes. The Administrator, without direction from the Board of Trustees, shall pay out of the Trust Fund all taxes, if any, unposed or Levied with respect to the Trust Fund, or any part thereof, under applicable law, and, in its discretion, may contest the validity or amount of any tax, assessment, claim or demand respecting the Trust Fund or any part thereof. B. Expenses and Compensation. The Board of Trustees is authorized to set aside from Participating Employer contributions received and the investment income earned thereon a reasonable sum for the operating expenses and administrative expenses of the Trust Fund. A11 remaining funds coming into the Trust shall be set aside, managed and used only for the payment of Other Post-Employment Benefits. By resolution of the Board of Trustees, Trustees may be provided a reasonable per diem fee andlor reimbursement for expenses for attendance at all meetings. Notwithstandingche preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies of a county, city or town or other political subdivision, shall not be eligible to receive fees for services as Trustee from the Trust Fund other than reimbursement for reasonable expenses incurred in connection with his or her responsibilities as a Trustee. C. Payment of Expenses. The Board of Trustees may use and apply assets in the Trust Fund to pay or provide for the payment of all reasonable and necessary expenses which may be incurred in connection with the establishment and maintenance of the Tnist Fund, including but not limited to, the employment of such administrative, legal, accounting, and other expert and clerical assistance, and the purchase or lease of such materials, supplies and equipment as the Trustees, in its discretion, may deem necessary or appropriate in the performance of its duties, or the duties of the agents or employees of the Trust Fund or the Trustees. Section 105. COMMUNXCATZONS. Until notice is given to the contrary, communication to the Trustees or to the Administrator shall be sent to them at the Trust Fund's office in care of the Administrator. The Administrator's address is VMLIVACo Finance Program at 1108 E. Main Street, Suite 801, Richmond, VA 23219. Section I05. APPOINTMENT RESIGNATION OR REMOVAL OF TRUSTEES. A. Trustees. Except as otherwise provided for the initial group of Trustees and in subsections B.2 and E of this section, tl~e Trustees shall be selected from the members of Local Finance Boards. Notwithstanding any other provision of this Agreement, no more than one 9 member of the Local Finance Board of .any particular Participating Employer shall be eligible to sit on the Board of Trustees atone tune. B, A ointment of Trustees and Len of A ointment. The number of Trustees serving on the Board of Trustees shall be between five ~5} and nine ~9}. The actual number of Trustees may be increased ar decreased from time to time within this range by the Board of Trustees by resolution of the Board of Trustees. Only the Local Finance Boards, by vote taken in accordance with Section 307 hereof, may increase or decrease the range in the number of Trustees. Na decrease in number shall have the effect of shortening the term of any incumbent Trustee. 1. ~ The initial group of Trustees shall bean interim group of five ~5} Trustees to establish the Trust Fund as follows: ~a} one ~l} individual selected by the Local Finance Board of the County of Fairfax from among its members, fib} one ~1} individual selected by the Local Finance Board of the County of Henrico from among its members, and ~c}three ~3} individuals designated by agreement of the Virginia Association of Counties ~"VACo"} and the Virginia Municipal League ~"VML"}. with the first annual meeting of the Local Finance Boards, the Board of Trustees shall be divided into no fewer than two classes, Class A which includes representatives of the Local Finance Boards of the two founding Participating Emplayers until the annual meeting of the Local Finance Boards for the Fiscal Year ending June 3D, 2015 the "Fiscal Year 2015 annual meeting"}} and Class B which includes the Trustees selected by VN1Z and VACa until the first annual meeting of Local Finance Boards for the Fiscal Year ending June 3~, 2009 the "Fiscal Year 2009 annual meeting"}}. An additional Class C with two seats may be created by the Board of Trustees prior to any annual meeting, but only if there are at least seven total Participating Emplayers. Provided there are at least nine total Participating Employers, the Board of Trustees may create arsine-member Board of Trustees, in which case one additional seat shall be allocated to Class A and one additional seat to Class C. 2. Qn or after July 1, 2005, the Trustees shall solicit nominations from the Local Finance Boards for open Trusteeships and such nominees shall constitute the candidates for the election of Trustees by vote at the Fiscal Year 2009 annual meeting of the Local Finance Boards as provided in Section 307. In the event that there are not a sufficient number of eligible nominees, nominations will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any Local Finance Board, local government officials or local government employees. The initial group of Trustees described in B.l ~a} and fib} above shall be classified as Class A Trustees and shall serve until the Fiscal Year 2D12 annual meeting of the Local Finance Boards and for one three-year term thereafter until successor Trustees are elected at the Fiscal Year 2415 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by alI Local Finance Boards. If an additional Class A Trustee seat is created for anon-founding 10 Participating Employer's Local Finance Board before the Fiscal Year 2011 annual meeting, that seat will expire at the Fiscal Year 2012 annual meeting. rf such an additional Class A board seat is created subsequent to the Fiscal Year 2011 annual meeting, then it will expire at the annual meeting when the founding Participating Employers' board seats expires beginning at the annual meeting held in Fiscal Year 2015, if appropriate, and every third succeeding year thereafter. The initial group of Trustees described in B.1~c} above shall be classified as Class B Trustees and shall serve until successor Trustees are elected at the Fiscal Year 2009 annual meeting of Local Finance Boards. At the Fiscal Year 2009 annual meeting of Local Finance Boards, Trustees of Class B shall be elected to hold off cefor aone-year term expiring at the Fiscal Year 2010 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2010 annual meeting of the Local Finance Boards, in accordance with Section 106E below, fram the pool of nominees selected by all Local Finance Boards. Trustees of the third class Class C}, if such a class is created, shall be elected to hold office for atwo-year term expiring at the Fiscal Year 2011 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2011 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. At each annual meeting of Local Finance Boards after the annual meetings of Local Finance Boards described above, the successors to the class of Trustees whose terms shall then expire shall be identified as being of the same class as the trustees they succeed and elected to hold office for a term expiring at the third succeeding annual meeting of Local Finance Boards. rf a Class C is created at a subsequent annual meeting, its seats will expire one year following the year in which the Class B seats expire. Trustees shall hold their offices until the next annual meeting of Local Finance Boards for such Trustee's respective Class and until their successors are elected and qualify. 3. At each annual meeting of the Local Finance Boards, the incumbent Trustees will present all nominations received for each class of Trustees ~A, B, or C} for which an election is to be held. rf a Local Finance Board does not designate a particular class for its nominees}, such names will be included on the lists of eligible nominees for each class for which an election is to be held unless the individual named is elected to another seat. 4. No individual Trustee may be elected or continue to serve as a Trustee after becoming an owner, officer or employee of the Administrator, an rnvestrnent Advisor, an Investment Manager or a Custodian. Except as otherwise provided in B.2 above, following the first election for Trustees, no Trustee may be elected or continue to serve as a Trustee unless he or she is a member of a Local Finance Board. 5. Each Trustee and each successor Trustee shall acknowledge and consent .. to his or her electron as a Trustee by grvu~g wntten nonce of acceptance of such election to the Chairperson of the Trustees. C. Resi enation of a Trustee. 1. A Trustee may resign from all duties and responsibilities under this Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson may resign from all duties and responsibilities under this Agreement by giving written notice to all of the other Trustees. Such notice shall state the date such resignation shall take efr`ect and such resignation shall take effect on such date but not later than sixty X50} days aver the date such written notice is given. Z. Any Trustee, upon leaving off ce, shall forthwith turn over and deliver to the Chairperson at the principal once of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. The Chairperson, upon leaving off ce, shall forthwith turn over and deliver to the Administrator at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. I~. Removal of a Trustee. Each Trustee, unless due to the resignation, death, incapacity, removal, or conviction of a felony or any offense for which registration is required as defined in Virginia Code § 9.1-9~Z and for whom all rights of appeal under Virginia law have expired, shall serve and shall continue to serve as Trustee hereunder, subject to the provisions of this Agreement. A Trustee shall relinquish his or her office or may be removed by a majority vote of the Trustees or ipso ~ac~o when the Employer which he represents is no longer a Participating Employer in the Trust Fund. Notice of removal of a Trustee shall be furnished to the other Trustees by the Chairperson of the Trustees and shall set forth the effective date of such removal, Notice of removal .of the Chairperson shall be furnished to the other Trustees by the Administrator and shall set forth the effective date of such removal. E. A ointrnent of a Successor Trustee. Except as otherwise provided in part B.1 of this Section with respect to the initial two terms of Class A Trustees, in the event a Trustee shall die, resign, become incapacitated, be removed from office, or convicted of a felony or any o~`ense for which registration is required as defined in Virginia Code § 9.1-~Q2 and for whom all rights of appeal under Virginia law have expired, a successor Trustee shall be elected forthwith by the affirmative vote of the majority of the remaining Trustees though less than a quorum of the Board of Trustees. The notice of the elec~on of a successor Trustee shall be furnished to the other Trustees by the Chairperson, In case of the removal, death, resignation, etc. of the Chairperson, notice of the election of a successor Trustee, and the new Chairperson, shall be furnished to the other Trustees by the Administrator. Eligible nominees will be provided by the members of the Local Finance Board of the Trustee being replaced; however, no more than one member of such board may serve as Trustee at one time. If such nominees do not receive the 12 aff rmative vote of a majority of the remaining Trustees, additional eligible nominees will be provided by the Executive ]directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any Local Finance Board, and, if there are an insufficient number of nominees to fill available positions, local government officials or local government employees. The term of office of any Trustee so elected shall expire at the next Local Finance Board meeting at which Trustees are elected where a successor shall be elected to complete the term for the Class to which such Trustee has been assigned. Any successor Trustee for a Class A Trustee from a founding Participating Employer with respect to the initial two terms shall be appointed by that Trustee's Local Finance Board. F. Trustees' Ri ts. In case of the death, resignation or removal of any one or more of the Trustees, the remaining Trustees shall have the powers, rights, estates and interests of this Agreement as Trustees and shall be charged with the duties of this Agreement; provided in such cases, no action may be taken unless it is concurred in by a majority of the regaining Trustees. Section 107. Bondin .All Trustees shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. zf a Trustee's bond is refused, or is ever cancelled, except with the Board of Trustee's approval, such Trustee may be removed from office by majority vote of the Board of Trustees and such Trustee shall be entitled to compensation, if any, to the date of such removal only. A bond for a Trustee is not required under this section if a bond is obtained for such Trustee pursuant to Section 408. PART 2 - PR~~ISIaNS APPLICABLE T41NV~ESTMENTS Section 200. APPLICATION. The provisions of Part 2 apply to the investments of the Trust Fund, Section 201. ADMINISTRATION ~F TRUST. A. General. All such assets shall be held by the Trustees in the Trust Fund. B. Contributions. The Board of Trustees hereby delegates to the Administrator the responsibility for accepting cash contributions to the Trust Fund and the Administrator shall have the responsibility for accepting cash contributions by Participating Employers. Contributions of a Participating Employer to fund Other Post-Employment Benefits are irrevocable, Assets held in the Trust Fund shall be dedicated to providing ether Post-Employment Benefits or to defraying reasonable expenses of the Trust Fund. Neither the Trustees nor the Administrator shall be under any duty to determine whether the amount of any contribution is in accordance with the Participating Employer's Plan or Plans or to collect or enforce payment of any contribution. All contributions by a Participating Employer shall be transferred to the Trust Fund to be held, managed, invested and distributed as part of the Trust Fund by the Trustees in accordance with the provisions of this Agreement and applicable law, 13 C. A licable Laws and Regulations The Board of Trustees shall be authorized to take the steps it deems necessary or appropriate to comply with any laws or regulations applicable to the Trust Fund. D. Accumulated Share. No Participating Employer shall have any right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to each Participating Employer. Section 202. IvIANAGEMENT DF INvESTM~NTS OF THE TRUST FUND. A. Authori of Trustees. Except as set forth in subsections C, D, E, G or H of this Section, and except as otherwise provided by Iaw, the Board of Trustees shall have exclusive authority and discretion to manage and control the assets of the Trust Fund held by them pursuant to the guidelines established by the Board of Trustees in the Investment Policy. B. Investment Polic .The Board of Trustees, as its primary responsibility under this Agreement, shall develop a written Investment Policy establishing guidelines applicable to the investment of the assets of the Trust Fund, and from tune to time shall modify such Investment Policy, in light of the short and long-term financial needs of the Plans. The Investment Policy shall serve as the description of the funding policy and method for the Trust Fund. C. Investment Advisor. The Board of Trustees, from tune to time, may direct the Administrator to appoint one ~l~ or more independent Investment Advisors ~"Investment Advisor"~, pursuant to a written investment advisory agreement with each, describing the powers and duties of the Investment Advisor with regard to the management of all or any portion of any investment or trading account of the Trust Fund. The Investment Advisor shall review, a minimum of every calendar quarter, the suitability of the Trust Fund's investments, the performance of the Investment Managers and then consistency with the objectives of the Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. If the Administrator contracted with a lead Investment Advisor prior to the establishment of this Agreement, the Board of Trustees may ratify such contract. The lead Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated far its recurring, usual and customary services as part of the fee schedule established with the Administrator. D. Investment Advisor Duties. Subject to the approval of the Board of Trustees, the Investment Advisor shall recommend an asset allocation for the Trust Fund that is consistent with the objectives of the Investment Policy. If the Board of Trustees shall approve a separate Investment Policy with respect to assets in a segregated portion of the Trust Fund, the Investment Advisor shall recommend an asset allocation for such segregated portion of the Trust Fund that is consistent with the objectives of such Investment Policy. At least annually, the Investment Advisor shall review the Investment Policy and asset allocation with the Board of Trustees. The 14 Investment Advisor shall also advise the Board of Trustees with regard to investing in a manner that is consistent with applicable law, and, as advised by the Administrator, the expected distribution requirements of the Plans. E. Investment Mana_ ers. The Board of Trustees, from time to time, may appoint one ~l} or more independent Investment Managers ("Investment Manager"}, pursuant to a written investment management agreement with each, describing the powers and duties of the Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment Manager shall have the power to direct the management, acquisition or disposition of that portion of the Trust Fund for which the Investment Manager is responsible. The Board of Trustees shall be responsible for ascertaining that each Investment Manager, while acting in that capacity, satisfies the following requirements: 1. The Investment Manager is either ~i} registered as an investment adviser under the Investment Advisers Act of 1940, as amended; (ii} a bank as defined in that Act; or (iii} an insurance company qualified to perform the services described herein under the laws of more than one state; and 2. The Investment Manager has acknowledged in writing to the Board of Trustees that it is a fiduciary with respect to the assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. F. Custodians. The Custodians} shall no less frequently than annually or at the request of the Board of Trustees certify the value of any property of the Trust Fund managed by the Investment Managers}. The Trustees shall be entitled to rely conclusively upon such valuation for all purposes under the Trust Fund. G. Investment in Insurance Contracts. The Trustees may offer one ~1 } or more investment options pursuant to one ~1} or more agreements with insurance companies qualified to ~ do business in the Commonwealth of Virginia. Any asset invested pursuant to such an agreement shall be held by the insurance company. Each insurance company so selected shall certify the value of the Trust Fund's interest in the property held by it at least annually. The Trustees shall be entitled to rely conclusively on such valuation for all purposes under this Agreement. H. Investment in Mutual Funds. The Trustees may offer one ~1 } or more investment options pursuant to one (1} or more agreements with companies offering mutual fund products. Any asset invested pursuant to such an agreement shall be held by the Trustees. Each mutual fund so selected shall certify the value of the Trust Fund's interest in that fund at least annually. The Trustees shall be entitled to rely conclusively on such valuation for all purposes under the Trust Fund. I. Absence of Trustees' Responsibility for Investment Advisor and Manager. Except to the extent provided in paragraph A of Section 102 above, the Board of Trustees, 1~ collectively and individually, shall not be liable far any act or omission of any Investment ' . Manager and shall not be under any obligation to invest or otherwise manage the assets of the Trust Fund that are subject to the management of any Investment Manager. without limiting the generality of the foregoing, the Board of Trustees shall be under no duty at any time to make any recarnmendation with respect to disposing of ar continuing to retain any such asset, Furthermore, the Board of Trustees, collectively and individually, shall not be liable by reason of its taking ar refraining from taking the advice of the Investment Advisor any action pursuant to this Sedan, nor shall the Board of Trustees be liable by reason of its refraining from taping any ac~an to remove or replace any Investment Manager an advice of the Investment Advisor; anal the Trustees shall be under no duty to make any review of an asset acquired at the direction ar order of an Investment Manager. J. Re actin . The Board of Trustees shall be responsible far and shall cause to be filed periodic audits, valuations, reports and disclosures of the Trust Fund as are required by law or agreements. Notwithstanding anything herein to the contrary, the hoard of Trustees shall cause the Trust Fund to be audited by a certified public accounting f~rrn retained for this purpose at least ante each year. The Board of Trustees may employ professional advisors to prepare such audits, valuations, reports and disclosures and the cost of such professional advisors shall be borne by the Trust Fund. ~. Commingling Assets. Except to the extent prohibited by applicable law, the Board of Trustees may commingle the assets of all Participating Employers held by the Board of Trustees under this Agreement for investment purposes in the Trust Fund anal shall hold the Trust Fund in trust and manage and administer the same in accordance with the terms and provisions of this Agreement. However, the assets of each Participating Employer shall be accounted for separately. The Board of Tn~stees and the Administrator shall be under no duty to determine whether the amount of any contribution is in accordance with the Plans, or to collect or enforce payment of any contribution, ar distribution to Plan participants. Section Za3. ACCOUNTS. The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and detailed accounts of all its receipts, investments and disbursements under this Agreement, with the Trustees accounting separately for each Investment Manager's portion of the Trust Fund. Section 2D4. DISBI.rRSEMENTS FROM THE TRUST. A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the responsibility for making payments from the Trust Fund. In accordance with rules and regulations established by the Board of Trustees, the Administrator shall make payments from the Trust Fund far Other Past-Employment Benefits, as directed by the Local Finance Board of each Participating Employer. Such rules and regulations shall include procedures far certification by the Local Finance Board that payments from the Trust Fund are for the purpose of: ~i}paying Other Post-Employment Benef is to or on behalf of Employees or Beneficiaries, I6 iii}paying premiums to an insurer for Other Post-Employment Benefits, viii} an irrevocable transfer of assets to a trust, or equivalent arrangement, for providing Other Post-Employment Benefits to Employees and Beneficiaries, which trust assets are legally protected from creditors of the Participating Employer, or Div} for any purpose permitted under Governmental Accounting Standards Board ~GASB} Statement No. ~5, Accounting end Financial Reporting by ~mptoyers for Poster~~ptoy~tent Benef~ts ether Tian Pensions or applicable Virginia law. Payments shall be made in such manner, in such amounts and for such purposes, including the payment of Other Post-Employment Benefits under participating Plans, as may be directed by the Local Finance Board. Payments from the Trust Fund shall be made by electronic transfer or check for the check of an agent} for deposit to the order of the payee. Payments or other distributions hereunder may be mailed to the payee at the address last furnished to the Administrator. The Trustees shall not incur any liability on account of any payment or other distribution made by the Trust Fund in accordance with this Section. Such payment shall be in full satisfaction of claims hereunder against the Trustee, Administrator or Participating Employer. B. Allocation of Expenses. The Trustees shall pay all expenses of the Trust Fund from the assets in the Trust Fund.. All expenses of the Trust Fund, which are allocable to a particular investment option or account, maybe allocated and charged to such investment option or account as determined by the Trustees. All expenses of the Trust Fund which are not allocable to a particular investment option or account shall be charged to each such investment option or account in the manner established by the Trustees. Section 205. INVESTI~~NT OPTIONS. The Trustees shall initially establish one ~1} investment option within the Trust Fund pursuant to the Investment Policy, for communication to, and acceptance by, Local Finance Boards. Following development of the initial "investment option" pursuant to the Investment Policy, the Board of Trustees may develop up to two ~2} additional investment options, reflecting different risklreturn objectives and corresponding asset mixes, for selection by Local Finance Boards, as alternatives to the initial investment option. The determination to add alternative investment options to the Investment Policy, and the development of each such investment option, are within the sole and absolute discretion of the Board of Trustees. The Trustees shall transfer to any deemed investment option developed hereunder such portion of the assets of the Trust Fund as appropriate. The Trustees shall manage, acquire or dispose of the assets in an investment option in accordance with the directions given by each Local Finance Board. All income received with respect to, and all proceeds received from, the disposition of property held in an investment option shall be credited to, and reinvested in, such investment option. If multiple investment options are developed, the Board of Trustees shall establish one ~1} default investment option in the absence of valid Local Finance Board investment direction. If multiple investment options are developed, from time to time, the Board of Trustees inay eliminate an investment option, and the proceeds thereof shall be reinvested in the default investment option unless another investment option is selected in accordance with directions given by the Local Finance Board. ll Notwithstanding anything hereinabove to the contrary, the Board of Trustees, in its sole .. discretion, may establish a separate, short-term uavestment option or fund, to faci<Iitate contributions, disbursements or other short-term liquidity needs of the Trust or of particular Participating Employers. Separate investment funds within the Trust Fund and varying percentages of investment in any such separate investment farad by the Participating Employers, to the extent so determined by the Board of Trustees, are expressly permitted. PART 3 - PR~VTSIL~,NS APPLICABLE Ta PARTICIPATING EMPL~Y~RS Section 3oQ. APPLICATION. The provisions of Part 3 set forth the rights of Participating Employers. Section 301. PARTICIPATING EMPLGYERS. A. A royal. The Board of Trustees or its designee shall receive applications from Employers for membership in the Trust Fund and shall approve or disapprove such applications for membership in accordance with the terms of this Agreement, the Trust Joinder Agreement, bylaws and the rules and regulations established by the Board of Trustees for admission of new Participating Employers. Before approving the participation of any Employer that has established a Plan, the Board of Trustees or its designee shall determine and affirm that such Employer is permitted to establish a trust pursuant to Article $, Chapter 15, Subtitle 11 of Title 15.2 of the Virginia Code ~§§ 15.2-1544 et seq.}. The Board of Trustees shall have total discretion in determining whether to accept a new member, The Board of Trustees may delegate the authority for membership approval to the Administrator. B. Execution of Trust Joinder A Bement b Local Finance Board. Each Employer will make its election to become a Participating Employer by directing its Local Finance Board to execute a Trust Joinder Agreement in such form and content as prescribed by the Board of Trustees. By the Local Finance Board's execution of the Trust Joinder Agreement, the Participating Employer agrees to be bound by all the terms and provisions of this Agreement, the Trust Joinder Agreement, the bylaws and any other rules and regulations adopted by the Trustees under this Agreement, The Local Finance Board of each Participating Employer, serving as such Employer's Trustee, in accordance With ~ Virginia Code § 15.2-1547, shall represent such Participating Employer's interest in all meetings, votes, and any other actions to be taken by a Participating Employer hereunder. A Local Finance Board may designate one or more, but less than all, of its members to serve a.s the authorised representative of such Local Finance Board for purposes of this Agreement. C, Continuin as a Partici atin Ern to er. Application for participation in this Agreement, when approved in writing by the Board of Trustees or its designee, shall constitute a continuing contract for each succeeding fiscal year unless terminated by the Trustees or unless the Participating Employer resigns or withdraws from this Agreement by written notice of its Local Finance Board. The Board of Trustees may terminate a Participating Employer's participation in this Agreement for any reason by vote of three-fourths ~/4} of the Board of Trustees. Zf the participation of a Participating Employer is terminated, the Board of Trustees 18 and the Administrator shall effect the withdrawal of such Participating Employer's benef cial interest in the Trust within one hundred eighty 1180} days, by transfer of such assets to a trust, trusts or equivalent arrangement for the purpose of accumulating and investing assets to fund ether Post-Employment Benefits, established for this purpose by such Participating Employer. If withdrawal is not completed within this time period, the Board of Trustees, in its discretion, may make reasonable alternative arrangements for the distribution of the Participating Employer's beneficial interest. Section 302. Places of Meets. Ail meetings of the Local Finance Boards shall be held at such place, within the Commonwealth of Virginia, as from time to time may be fixed by the Trustees. Section 303. Annual Meetings. The annual meeting of the Local Finance Boards, for the election of Trustees and for the transaction of such other business as may come before the annual meeting, shall be held at such time on such business day between September 1 ~ and October 3 l ~ as shall be designated by resolution of the Board of Trustees. Section 304. Special Meetings. Special meetings of the Local Finance Boards for any purpose or purposes may be called at any time by the Chairperson of the Board of Trustees, by the Board of Trustees, or if Local Finance Boards together holding at least twenty percent X20%} of all votes entitled to be cast on any issue proposed to be considered at the special meeting sign, date and deliver to the Trust Fund's Secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held. At a special meeting no business shall be transacted and no action shall be taken other than that stated in the notice of the meeting. Section 305. Notice of Meetings. written notice stating the place, day and hour of every meeting of the Local Finance Boards and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be given not less than ten ~ 10} nor more than sixty X50} days before the date of the meeting to each Participating Employer's Local Finance Board of record entitled to vote at such meeting, at the address which appears on the books of the Trust Fund. Section 30G. uorum. Any number of Local Finance Boards together holding at least a majority of the outstanding beneficial interests entitled to vote with respect to the business to be transacted, who shall be physically present in person at any meeting duly called, shall constitute a quorum of such group for the transaction of business. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting maybe adjourned from time to time by a majority of the Local Finance Boards present. once a beneficial interest is represented for any purpose at a meeting of Local Finance Boards, it shall be deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is, or shall be, set for that adjourned meeting. Section 307. Votin . At any meeting of the Local Finance Boards, each Local Finance Board entitled to vote on any matter coming before the meeting shall, as to such matter, have one vote, in person, for each whole dollar invested in the Trust Fund standing in its name on the books of the Trust Fund on the date, not more than seventy X70} days prior to such meeting, fixed by the Board of Trustees, for the purpose of deten-nining Local Finance Boards entitled to vote, as the I9 date on which the books of the Trust Fund are to be closed or as the record date. Notwithstanding the preceding sentence, at any z~eet~ng held after the date the f fth ~5 } Participating Employer joins the Trust, no one Local Finance Board may vote more than forty- five percent X45°l~) of the total votes cast. In the event that more than one member of a Local Finance Board attends a meeting, the Local Finance Board will designate one member authorized to cast its votes. If a quorum is present at a meeting of the Local Finance Boards, action on a matter other than election of Trustees shall be approved if the votes cast favoring the action exceed the votes cast opposing the action, unless a vote of a greater number is required by this Agreement. If a quorum is present at a meeting of the Local Finance Boards, Trustees for all open seats for each class of Trustees on the Board of Trustees shall be elected by a plurality of the votes cast by the beneficial interests entitled to vote in such election. Local Finance Boards at the annual meeting will vote at one time to fill all open positions within a single~class of Trustees. Elections will be held by class, in the order of the.length of the terms to be filled, beginning with the longest term. The designated representative of each Local Finance Board will cast up to the full number of its votes far each open position within a class of Trustees, but it may not cast votes for more than the number of open positions in such class. Those nominees receiving the largest plurality of votes, up to the number of positions to be filled, will be declared elected, Subsequent votes may be held to break any ties, if necessary, in order to elect the correct number of Trustees. PART 4 -PROVISIONS APPLICABLE TO OFFICERS ~ Section 401. Election of ~fficers~ Terms. The Board of Trustees shall appoint the officers of the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a Vice-Chairperson, and a Secretary. The Secretary need not be a member of the Board of Trustees and may be the Administrator. ether officers, including assistant and subordinate off cers, may from time to time be elected by the Board of Trustees, and they shall hold office for such terms as the Board of Trustees may prescribe. All officers shall hold office until the next annual meeting of the Board of Trustees and until their successors are elected. Section 402. Removal of officers; Vacancies. Any officer of the Trust Fund maybe removed summarily with or without cause, at any time, on athree-fourths ~r4~ vote of the Board of Trustees, Vacancies may be filled by the Board of Trustees, Section 403. Duties. The officers of the Trust Fund shall have such duties as generally pertain to their offices, respectively, as well as such powers and duties as are prescribed by law or are hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The Board of Trustees may require any officer to give such bond for the faithful performance of such officer's duties as the Board of Trustees may see fit. Section 404. Duties of the Chairperson. The Chairperson shall be selected from among the Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such committees, the Chairperson shall be ex officio a member of all Committees of the Board of ZO Trustees. The Chairperson shall preside at all Beard meetings. The Chairperson may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments except in cases where the signing and the execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement to some other officer or agent of the Trust Fund or as otherwise required by law. In addition, he shall perform all duties incident to the office of the Chairperson and such other duties as from time to time maybe assigned to the Chairperson by the Board of Trustees. In the event of any vacancy in the office of the Chairperson, the Vice~Chairperson shall serve as Chairperson on an interim basis until such vacancy is filled by subsequent action of the Board of Trustees. Section 405. Duties of the Vice-Chairperson. The Vice-Chairperson, if any, shall be selected from among the Trustees and shall have such powers and duties as may from time to tune be assigned to the Vice-Chairperson. Section 406, Duties of the Secretary. The Secretary shall act as secretary of all meetings of the Board of Trustees and the Local Finance Boards in the Trust Fund. when requested, the Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees. The Secretary shall beep and preserve the minutes of all such meetings in permanent books. The Secretary shall see that all notices required to be given by the Trust Fund are duly given and served. The Secretary may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement. The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund documents; shall have charge of the books, records and papers of the Trust Fund relating to its organization and management as a trust; and shall see that all reports, statements and other documents required by law (except tax returns} are properly filed. Section 407. Compensation. The Board of Trustees shall have authority to fix the compensation, if any, of all officers of the Trust Fund. Notwithstanding the preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies, shall not be eligible to receive compensation for services as an officer of the Trust Fund other than reimbursement for reasonable expenses. Section 408. Bondin .All officers shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bands shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the $oard of Trustees may from tune to time require. If an officer's band is refused, or is ever cancelled, except with the Board of Trustees' approval, such officer may be removed from office as provided in Section 402 and such officer shall be entitled to compensation, if any, to the date of such removal only. PART 5 - VOLUNTARY EMPLOYEES' BENEFICIARY ASS~CIATI~N PR~VISIDNS Section 501, Compliance with Code Section 5~c~~9}}. At all times, the Trust shall be administered in accordance with and construed to be consistent with Section ~~ 1(c}~9} of the Code and the regulations thereunder. 21 Section SOZ. ~nurement~ No part of the net earnings of the Trust Fund may inure to the benefit of any Participating Employer or individual other than through the payment of ether Post- Employment Benefits, except that the Trustees may pay all reasonable expenses for administration of the Trust Fund, Trustees fees and expenses, and other expenses provided for in this Agreement. PART 6 - MISCELLANEQUS PRQVISI~NS Section X01. Ti~. The titles to Parts and Sections of this Agreement are placed herein for convenience of reference only, and the Agreement is not to be construed by reference thereto. Section GOB. Successors. This Agreement shall bind and inure to the benefit of the successors and assigns of the Trustees, the Local Finance Boards, and the Participating Employers. Section X43. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute but one instrument, which may be cuff ciently evidenced by any counterpart. Any Participating Employer that formally applies for participation in this Agreement by its Local Finance Board's execution of a Trust Joinder Agreement which is accepted by the Trustees shall thereupon become a party to this Agreement and be bound by all of the terms and conditions thereof, and said Trust Joinder Agreement shall constitute a counterpart of this Agreement. Section 6Q~. Amendment or Termination of this A eement~ Termination of Plans. A. Amendment. This Agreement maybe amended in v~mting at any time by the vote of a majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not be amended so as to change its purpose as set forth herein or to permit the diversion or application of any funds of the Trust Fund for any purpose other than those specified herein, The Board of Trustees, upon adoption of an amendment to this Agreement, shall provide notice by sending a copy of any such amendment to each Local Finance Board within 15 days of adoption of suchamendment. If a Local Finance Board objects to such amendment, the Local Finance Board must provide written notice of its objection and intent to terminate its participation in the Trust Fund by registered mail delivered to the Administrator within ninety ~9Q} days of such notice, and if such notice is given, the amendments shall not apply to such Participating Employer for a period of 18Q days from the date of adoption of such amendments. The Participating Employer's interest shall be terminated in accordance with the provisions of paragraph B of this section. It is the intent of the Trustees that the Trust shall be and remain atax-exempt voluntary employees beneficiary association under Section 50 l (c}~9} of the Code. The Trustees shall promptly submit the Agreement to the Internal Revenue Service for approval under the Code and all expenses incident thereto shall be borne by the Trust Fund. The Trustees may make any modifications, alterations, or amendments to the Agreement necessary to obtain and retain approval of the Secretary of the Treasury as may be necessary to establish and maintain the ~~ status of the Trust Fund as tax-exempt under the provisions of the Code or other federal legislation, as now in effect or hereafter enacted, and the regulations thereunder. Any modification, alteration, or amendment to this Agreement, made in accordance with this Section, maybe made retroactively, if necessary or appropriate. The Trustees, Local Finance Boards and all Participating Employers shall be bound thereby. B. Termination. This Agreement and any trust created hereby may be terminated at any time by the Trustees with respect to a Participating Employer when the Participating Employer's participation interest in the Trust Fund is terminated or when a Trust Soinder Agreement has been terminated. The Trust Fund may be terminated in its entirety when all participation interests of all Participating Employers have been terminated in their entirety. This Agreement and the Trust Fund may be terminated in their entirety pursuant to Virginia law. fn case of a termination of this Agreement, either in whole or in part, the Trustees shall hall, apply, transfer or distribute the affected assets of the Trust Fund in accordance with the applicable provisions of this Agreement and the direction of the Local Finance Board of each Participating Employer. Upon any termination, in whole ~or in part, of this Agreement, the Trustees shall have a right to have their respective accounts settled as provided in this Section 644. ~ the case of the complete or partial termination of this Agreement as to one ar more Participating Employers, the affected assets of the Trust Fund shall continue to be held pursuant to the direction of the Trustees, for the benef t of the Employees and Beneficiaries of such Participating Employer, until the Trustees, upon recommendation of the Administrator, distribute such assets to a trust, trusts or equivalent arrangement established by such Participating Employer for the purpose of funding ether Post-Employment Benefits, or other suitable arrangements for the transfer of such assets have been made. This Agreement shall remain in full effect with respect to each Participating Employer that does not terminate its participation in the Trust Fund on behalf of its Employees and Beneficiaries, or whose participation is not terminated by the Trustees. However, if distributions must be made, the Local Finance Board of each Participating Employer shall be responsible for directing the Administrator on how to distribute the beneficial interest of such Participating Employer. ~n the absence of such direction, the. Administrator may take such steps as it determines are reasonable to distribute such Participating Employer's interest. A Participating Employer must provide written notice of its intent to terminate its participation in the Trust Fund by registered mail signed by its Local Finance Board and delivered to the Administrator at least ninety X90} days in advance. Notwithstanding the preceding sentence, during its f rst year of participation, a Participating Employer must provide notice of its intent to terminate no Tess than one hundred eighty X180}days in advance. Notwithstanding the foregoing, the Trustees shall not be required to pay out any assets of the Trust Fund to Participating Employers upon termination of this Agreement or the Trust Fund, in whole or in part, until the Trustees have received written certification from the Administrator that all provisions of law urith respect to such tennination have been complied ~3 with. The Trustees shall rely conclusively on such written certification and shall be under no obl~gat~on to rnvest~gate or otherwise determuae its propriety. when the assets of the Trust Fund affected by a termination have been applied, transferred or distributed and the accounts of the Trustees have been settled, then the Trustees and Administrator shall be released and discharged from all further accountability or liability respecting the Trust Fund, or portions thereof, affected by the termination and shall not be responsible in any way for the fi~.rther disposition of the assets of the Trust Fund, or portions thereof, affected by the termination or any part thereof so applied, transferred or distributed; provided, however, that the Trustees shall provide full and complete accounting for all assets up through the date of final disposition of all assets held in the Trust. Section 6Q5. S endthri~ Pravision~ Prohibition of Assi ent of interest. The Trust Fund shall be exempt from taxation and execution, attachment, garnishment, or any other process to the extent provided under Article $, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code ~§§ 15.2-1544 et seq.}. No Participating Employer or other person with a beneficial interest in any park of the Trust Fund may commute, anticipate, encumber, alienate or assign the beneficial interests or any interest of a Participating Employer in the Trust Fund, and no payments of interest or principal shall be in any way subject to any person's debts, contracts or engagements, nor to any judicial process to levy upon or attach the interest or principal far payment of those debts, contracts, or engagements. Section b~6. Meetin s' Virginia Freedom of ~nfornnation Act. The Administrator shall give the public notice of the date, time, and location of any meeting of the Board of Trustees' or of the Local Finance Boards in the manner and as necessary to comply with the Virginia Freedom of Information Act ~Va. Code §§ 2.2-370 et seq.}. The Secretary or its designee shall keep all minutes of all meetings, proceedings and acts of the Trustees and Local France Boards, but such minutes need not be verbatim. Copies of all minutes of the Trustees and Local Finance Boards shall be sent by the Secretary or its designee to the Trustees. All meetings of the Board of Trustees and Local Finance Boards shall be open to the public, except as provided in § 2.2-3 711 of the Virginia Code. No meeting shall be conducted through telephonic, video, electronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in ~§ 2.2-370$ or 2.2-370$.l of the Virginia Code. Section Go7. Jurisdiction. This Agreement shall be interpreted, construed and enforced, and the trust or trusts created hereby shall be administered, in accordance with the laws of the United States and of the Commonwealth of Virginia. Section ~o$. Situs of the Trust. The situs of the trust or trusts created hereby is the Commonwealth of Virginia. All questions pertaining to its validity, construction, and 24 administration shall be determined in accordance with the laws of the Commonwealth of Virginia. Venue for any action regarding this Agreement is the City of Richmond, Virginia. Section 509. Construction. whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply, and whenever any words are used in this Agreement in the plural form, they shall be construed as though they were also in the singular form in all situations where they would so apply. Section 610. Conflict. In resolving any conflict among provisions of this Agreement and in resolving any other uncertainty as to the meaning or intention of any provision of the Agreement, the interpretation that ~i} causes the Trust Fund to be exempt from tax under Code Sections 115 and 501 ~a}, and iii} causes the participating Plan and the Trust Fund to comply with all applicable requirernents of law shall prevail over any different interpretation. Section 611. No Guarantees. Neither the Administrator nor the Trustees guarantee the Trust Fund from loss or depreciation or for the payment of any amount which may become due to any person under any participating Plan or this Agreement. Section 61 Z. Parties Bound; No Third Party Rights. This Agreement and the Trust Joinder Agreements, when properly executed and accepted as provided hereunder, shall be binding only upon the parties hereto, i.e., the Board of Trustees, the Administrator and the Participating Employers and their Local Finance Boards. Neither the establishment of the Trust nor any modification thereof, nor the creation of any fund or account, the payment of any other Post- Employment Benefits, shall be construed as giving to any person covered under any Plan of a Participating Employer or any other person any legal or equitable right against the Trustees, or any officer or employee thereof, except as may otherwise be provided in this Agreement, Under no circumstances shall the term of employment of any Employee be modified or in any way affected by this Agreement. Section 613. Necessary Parties to Disputes. Necessary parties to any accounting, litigation or other proceedings relating to this Agreement shall include only the Trustees and the Administrator. The settlement or judgment in any such case in which the Trustees are duly served or cited shall be binding upon all Participating Employers and their Local Finance Boards and upon all persons claiming by, through or under them. Section 614. Severabili If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall continue to be fully effective. If any provision of the Agreement is held to violate the Code or to be illegal or invalid for any other reason, that provision shall be deemed to be null and void, but the invalidation of that provision shall not otherwise affect the trust created by this Agreement. [SIGNATURE PAGE FOLLOWS] ~~ ~~'.~~~ '~~~~F~ each of ~~.~ n~~~:s ~f ~ ~.tia1. ~a~r~ of Tre.~s h. ~~`~~ this ~Tr~ ~~.~~:~. Date: ff ___ , County flf Fairfax D~:~~f~a o ~ a~ x~~ . ~. ;g~si~. of Y~G~~Z'I~ ~~.~~: 1 ~ 1 . -1 ~` ~a~e. ~ ~~ce~~~d. ~~' t~:~ .~,.d~~ ~.~t~r~r 1 ,~ ~~~. ~ ~esi.~ue.~ of ~..~~~. ~~ ~~~~. ~.~~ ~~~~h~E~T ~~ ~3~'' Fred ~~ ~~t~ ~~ R~cm~nd C~vr~w~~al~th ~~ ~is~inia ~'~~ f a~rgo~ng ins trwn~r~ t ~~s eck~a~~l~~ge~~ be~~~re ~e tl~i~ i Ith d~a~ ~f ~p~ril ~0~~ b~: ~~ss~ I~a~l, L~v~t ~'. -~oh,~~~~~, ~ietvria ~ ~uc~nte., ~eidra ~4. ,Laug~..in, ~~~~erfi ~. ~i~a~r~s, a~~ Robe~~ W, ~~.u~~r~~r~~ Jas D ~ C~~~b~~.I ~~t~x~~ ~vb~.~c ?2055 ~ com~iss~.~an expires O~~o~~r 31, ~D~~. Exhibit B TRUST JOINDER AGREEMENT FAR PARTICIPATING EMPLOYERS UNDER ~]CRGIl~A PC~~LED ~PEB TRUST FUND THIS TRUST J~]1~DER AGREEMENT is made by and between the Local Finance Board of ,Virginia ~h.erein referred to as the "Local Finance Board"} of ,Virginia therein referred to as the "Participating Employer"}, and the Board of Trustees therein collectively referred to as the "Trustees"} of the Virginia Pooled CPEB Trust Fund therein referred to as the "Trust Fund"}. WITNESSETH: WHEREAS, the Participating Employer provides post-employment benefits other than pensions therein referred to as "Cther Post-Employment Benefits"}, as defined in section ~ 5.2- 1545 of the Virginia Code, for Employees and Beneficiaries; and WHEREAS, the governing body of the Participating Employer desires to establish a trust for the purpose of accumulating and investing assets to fund ether Post-Employment Benefits as it may appropriate; and WHEREAS, the governing body of the Participating Employer has adopted an ordinance andlor resolution ~a certified copy of which is attached hereto as Exhibit A} to authorize participation in the Virginia Pooled CPEB Trust Fund and establish a Local Finance Board, and, pursuant to Virginia Code ~ 152-1547, has directed the Local Finance Board to enter into this Trust Joinder Agreement; and WHEREAS, the Trust Fund, in accordance with the terms of the Virginia Pooled QPEB Trust Fund Agreement the "Agreement"}, provides administrative, custodial and investment services to the Participating Employers in the Trust Fund; and WHEREAS, the Local Finance Board, upon the direction of the governing body of ,Virginia, desires to submit this Trust Joinder Agreement to the Trustees to enable , Virginia, to became a Participating Employer in the Trust Fund and a party to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements flowing to each of the parties hereto, it is agreed as follows. 1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement, the ,Virginia, is a Participating Employer in the Trust Fund, as provided in the Agreement, and the Local Finance Board is authorized to enter into this Trust Joinder Agreement, and to represent and vote the beneficial interest of , Virginia, in the Trust Fund in accordance with the Agreement. Z. Capitalized terms not otherurise defined in this Trust Joinder Agreement have the meaning given to them under the Agreement. 3. The Local Finance Board shall cause appropriations designated by the Participating Employer for deposit in the Trust Fund to be deposited into a depository designated by the Trustees. 4. The Local Finance Board shall timely remit, or timely approve the remittance of, administrative fees as may be due and payable by the Participating Employer under the Agreement into a depository designated by the Trustees. 5. The Participating Employer shall have no right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to the Participating Employer. 6. The Local Finance Board shall provide to the ~Adnvnistrator designated by the Trustees all relevant information reasonably requested by the Administrator for the adma.nistration of the Participating Employer's investment, and shall promptly update all such information. The Local Finance Board shall certify said information to be correct to the best of its lmowledge, and the Trustees and the Administrator shall have the right to rely an the accuracy of said information in performing their contractual responsibilities. 7. The Trust Fund provides administrative, custodial and investrrient services to the Participating Employer in accordance with the Agreement. 8. The Trustees and the Administrator, in accordance with the Agreement and the policies and procedures established by the Trustees, shall periodically report Trust activities to the Participating Employer on a timely basis. 9. The Local Finance Board and the Participating Employer agree to abide by and be bound by the terms, duties, rights and obligations as set forth in the Agreement, as may be amended by the Trustees, which is attached hereto and is made a part of this Trust Joinder Agreement. l o, The Local Finance $oard, in fulfillment of its duties as the trustee of the Participating Employer, retavas the services of the Investment Manager or Managers selected by the Trustees pursuant to the Agreement. 11. The term of this Trust Joinder Agreement shall be indefinite; however, the Participating Employer may not terminate this Trust Joinder Agreement until 1 Sa days after its initial investment. Thereafter, the Local Finance Board may terminate this Trust Joinder Agreement on behalf of the Participating Employer by giving at least 9o days prior notice in writing to the Trustees. Termination shall be governed by the provisions of the Agreement. IN WITNESS wHER~~~', the Local Finance Board has caused this Trust Joinder Agreement to be executed this day of , 20 . 2 LOCAL FINANCE BEAR]] ~F VIRGIl~A ATTEST: ~~~~ ACCEPTANCE: VIRGINIA P~~LFD ~PEB TRUST FUND Virginia Lacal ~overnme~~ Finance CQrparation By~ Administrator ~ :: oD~~cDOCS~ocsr~~1 ~ z s g s~ ~ ~7 ACTIGN NG. ... ,, r ~ + ITEM NG. ~ ~ ..~,.:.. AT A REGULAR MEETING OF THE BGARD ~F SUPERVISGRS GF R~ANGKE CGUNTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINIS'f RATIGN CENTER MEETING DATE: April 28, 2009 AGENDA I'~EM: Appointments to Corr~rr~ittees, Commissions, and Boards SUBMITTED BY: Becky R. Meador Deputy Clerk to the Board APPRGVED BY: B. Clayton Goodman, III County Administrator CGUNTY ADMINISTRATGR"S CGMMENTS: SUMMARY GF INFnRMATIQN: 1. League of Qlder Americans -Advisory Council -rhe one-year term of Beverly Eyerly expired on March 31, 2~~9. 2. Library Board appointed by district Lisa Boggess, Vinton Magisterial District, is no longer a County resident. Her four-year term expired on December 31, 2g~8. 3. Roanoke County Community Leaders Environmental Action Roundtable (RC- CLEAR) (appointed by district) Each supervisorwas asked to appointtwo citizens who live, work ordo business in the County to serve on this committee. The term for each of these appointments is three years and the initial terms will be staggered and expiration dates determined after all of the appointments have been made and confirmed. The Board needs to appoint finro additional members as follows: (1) Supervisor Church, one member; (2) Supervisor Altizer, one member. 4. Roanoke Valley Greenway Commission The three-year term of Charles Blankenship expired on April $, 2009. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2008 RESOLUTION APPROVINGAND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM K -CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for April 28, 2009 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 2 inclusive, as follows: 1. Request from the schools to accept and appropriate dual enrollment program funds in the amount of $50,297.17 2. Request to adopt a resolution to reconfirm support for rail alternatives to complement planned improvements to I-81 Thatthe Clerktothe Board is hereby authorized and directed where required bylaw to setforth upon any of said items the separate vote tabulation forany such item pursuant to this resolution. ACTIGN NG. ITEM NO. ~- AT A REGI~LAR MEETING GF THE BGARD GF SLlPERVISGRS GF RGANGKE CGLlNTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINISTRAI'IGN CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: April 28, 2009 Request from the schools to accept and appropriate dual enrollment program funds in the amount of $50,291,11 B. Clayton Goodman, III~~ County Administrator COUNTY ADMINIS'~RATaR'S COMMENTS: SUMMARY GF INFGRMATION: Roanoke County Schools and Virginia Western Community College have an agreement whereby the college provides college level courses in English, US History, AP Calculus and certain technical and science subjects. These courses are taught by Roanoke County teachers who meet the college's criteria for adjunct professors. Monies that have been collected exceed the expenses; therefore, there is a req~~est for these additional funds to be appropriated. Roanoke County Schools collected $119,410.00 tuition from 1001 students. VWCC will reimburse $201,518.49 for services rendered teachers, administrating expenses, rooms, utilities, and maintenance}, Roanoke County Schools owesVWCC $216,G91.32fortuition and technology fees and college service fees, The difference between what was collected and what was spent is $50,291.11. FISCAL IMPACT: The instruction budget will be increased by $50,297.17. STAFF RECGMMENDAI'I~N: Staff recommends the acceptance and appropriation of funds in the amount of $50,291.1 l from the dual er~rollment program ACTION N0. ITEM N0. K-2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: APPROVED BY: April 28, 2009 Resolution to reconfirm support for rail alternatives to complement planned improvements to I-81 B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The Board of Supervisors has been requested to adopt a resolution to reconfirm support for rail alternatives to complement planned improvements to I-81. This resolution has been adopted by the RoanokeValley-Allegheny Regional Commission and the Roanoke Valley Area Metropolitan Planning Organization. STAFF RECOMMENDATION: It is recommended that the Board adopt the attached resolution. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, APRIL 28, 2008 RESOLUTION TO RECONFIRM SUPPORT FOR RAIL ALTERNATIVES TO COMPLEMENT PLANNED IMPROVEMENTS TO I-81 WHEREAS, the I-81 corridor is increasingly the route of choice for trucks traveling between the northeast and the south/southwest because of congestion on I-95 and expanding shipments generated by the North American Free Trade Act; and WHEREAS, roadway improvements alone are not projected to adequately address forecasted congestion levels on I-81 during the time horizon of the current Long-Range Transportation Plan; and WHEREAS, improvements to rail infrastructure near the I-81 corridor may be thought of as investing in a "Steel Interstate" that would provide additional freight capacity to complement I-81; and WHEREAS, various technologies including but not limited to: tractor trailer on rail car, trailer on rail car, double stack intermodal container, and other strategies or technologies would benefit from increased freight rail capacity in or near the I-81 corridor; and WHEREAS, rail improvements can complement existing national policy initiatives by reducing dependence on imported fuel, providing modal redundancy, enhancing national security, and-when electrified offering the U.S. opportunity to employ domestic renewable energy sources and efficiency to drive transportation; and WHEREAS, rail improvements offer positive advantages for communities, the Commonwealth, neighboring I-81 states, and the United States relating to cost, safety, economic growth, tourism development, decreased fuel consumption and greenhouse 1 gas emissions, improved air quality and public health, and varied freight and passenger service options; and WHEREAS, rail improvements offer added capacity potential for possible future passenger rail service in the I-81 corridor; NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia, strongly petitions for the development of rail improvements, which benefit both freight and passenger rail service options, parallel to I-81, to complement highway-widening and to move a large volume of the long-distance freight traffic from trucks on I-81 to freight trains parallel to I-81. 2 o-~ GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA °/o of General Amaunt Fund Revenue Audited balance at June 30, 2008 $ 16,143,199 9.51°/fl Addition for 2001-08 Operations 906,609 Appropriation for staff at the Clearbraok Station X156,000} Balance at April 28, 2009 $ 11,493,808 9.44°/a ** Nate: 4n December 21, 2004, the Board of Supervisors adapted a policy to increase the General Fund Unappropriated Balance incrementally over several years. * 2001-08 a range of 8.5°/a-9.5°/a of General Fund Revenues 2001-2008 General Fund Revenues $116,033,618 8.5°/o of General Fund Revenues $14,962,863 9.5°/o of General Fund Revenues $16,123,199 ** 2008-09 a range of 9.0°/a-10.0°/a of General Fund Revenues 2008-2009 General Fund Revenues $185,259,899 9.0°/a of General Fund Revenues $16,613,391 10.0°/0 of General Fund Revenues $18,525,990 The Unappropriated Fund Balance of the County is currently maintained at 9.44°/o which is within the ran for 2008-09. The balance will be increased aver time to the following ranges: 2009-2010 9.5°/a-10.5°/a 2010-2011 10.0°/0-11.0°/0 Submitted By Rebecca E. Owens Director of Finance Approved By B. Clayton Goodman III County Administrator r~, „~,^ o~ CGUNTY GF RGANGKE, VIRGINIA CAPITAL RESERVES Minor County Capital Reserve Projects not rn the C1P, architectural/engineering services, and other one-trine expendr~ures.~ Audited baiance at June 30, 2D08 Addition for 2007-2008 Qperations Unappropriate funds far architectlengineering fees for the renovation of the former Southview Elementary School Appropriate additional funding for Bent Mountain Station Parking Lot Balance at April 28, 2009 Major County Capital Reserve Amount $1,540,757.2D 298,49o.0D 175,QDO.OD ~81,376.oD~ $1,932,871.20 (Projects in the C1P, debt payments to expedite projects identified in C1P, and land purchase opportunitr'es.~ Audited balance at June 30, 2DD8 $2,339,030.Do Balance at April 28, 20Q9 Submitted By Approved By Rebecca E, Owens Director of Finance B. Clayton Goodman III County Administrator $2,339,Q3Q,QQ ~, ;`~ ~ ~ RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 2008-2009 Griginal Budget $ 300,000.00 June 24, 2008 Allocation to Art Museum of Western Virginia and Roanoke County ~200,000.00~ Public Schools for Education July 8, 2008 Appropriation for Legislative Liaison ~$24,000.00~ August 28, 2008 Appropriation for Development of a Regional Water Supply Plan ~$11,100.00~ April 14, 2009 Appropriation for the June 9, 2009 Primaries ~$24,900.00~ Balance at April 28, 2009 $ 40,000.00 Submitted By Rebecca E. Gwens Director of Finance Approved By B. Clayton Goodman III County Administrator ACTIGN NG. ITEM NG. r~ AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANGKE CGUNTY, VIRGINIA HELD AT THE RGANGKE CGUNTY ADMINISTRATIGN CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPRGVED BY: April 28, 2009 Accounts Paid-March 2009 Rebecca E. Gwens Director of Finance B. Clayton Goodman III~(~~ County Administrator C~UNTYADMINIS'fRATOR'S COMMENTS: SUMMARYQF INFGRMATIGN: Direct Deposit Checks Total Payments to Vendors $ - $ - $ 5,905,415.42 Payroll 03/06109 1,014,139.50 105,883.95 1,120,623.45 Payrall 03/20109 1,010,481.04 118,518.56 1,189,005.60 Manual Checks - - - Voids - - - Grand Total $ 8,215,044.41 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. AC'fIGN NG. ITEM NO. C~-~ AT A REGULAR MEETING GF THE BGARD GF SUPERVISGRS GF RGANQKE COUNTY, VIRGINIA HELD AT THE RGANGKE COUNTY ADMINISTRAI"ION CENTER MEETING DATE: AGENDA ITEM: SUBMITTED BY: APPROVED BY: April 28, 2009 Analysis of Comparative Schedule of Budgeted and Actual Expenditures and Encumbrances for the Month Ended March 31, 2009 Rebecca E. Owens Director of Finance B. Clayton Goodman, III ~~~/l County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: At March 31, 2009 total general fund expenditures were $52,7fi8 or .1 °/o less than the prior year excluding transfers and non-departmental expenditures. "this decrease is attributed to the curtailing of all but essential spending for departmental operations. Declining economic conditions made it necessary to make amendments to the current year's budget. A revenue shortfall for the current year was identified due to the weakening economy and the following actions were taken by staff to adjust expenditures accordingly: • Reduce departmental operating budgets • Freeze vacant positions and forming a yob bank committee to review all requests to fill vacant positions and part-time hires with all but the most critical positions public safety and social services} • Implement travel and training restrictions • Defer capital expenditures • Lower purchasing limits to require departments to gain approval for purchases greater than $2, 000 Staff wil! continue to review and monitor departmental budgets and expenditures on a monthly basis. STAFF RECOMMENDATION; Accept report as presented. 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O1 m a a N ~r V1 ~ ~ ~ o ~ N N n ~ p GO ~i N n p Q1 M oo O O O O 0 M cnp p n O Q1 N o0 N lh ~ ~ N~~ O O O O N M 00 ~ In n ~ a ~ M Q~ 0 0 0 0 la N~ N i ~ ~ M M i ~ {~ ~ N ~ ~ N ~ ~ O ~ ~"~ In M A O ~ ~ ~ 0 0 0 0 0 O ~ ~ ~ O N In ti W O M O ~ n ~ 0 ~ ~ n ~ ~ 00 O ~ M ~ l~ N ~ Q1 CD 00 ~ ~ CO N ~ ~ ~ cp CD ~; N ~ ~ ~ ~ ~ (D ~ r i i N N ~ ~ ~ 0'f 00 ~ n °~ n O ~ ~p N cD ~ ~ ~. 1~ ~ O n 4fJ ~ W~ 07 pf ~ N (D 0 0 0 0 ~ n N ~ n N~ M ~ d n oo rj O O ~n O ~: n 0 op n n cD ti n N n 07 r• N a n ~ r co 00 ~ co M cD ~ N ao ~ o h cv co O d o 0 0 ~ ~ rn v n cD n ~ O N O O M N M N O ~ n ~ N 00 In 00 ~'? ~ ~ n ~ ~ M M Q1 O ~ n o0 ~ ~ n N ~ M n ~ DO ~ n n 0 In o ~ N ~ 07 O O o (D N n ~ ~ Q1 ~ Q1 ~ ~ ~ O ~ ` 07 r ~ ~ ~ N ~ ~ ~ 00 ~ r Q1 ~ r (y ~ ~` M ~ O M ~ w 00 N Q1 py M CO O ~ ~p ~ O N O O O 00 ~ O CD ~p n oo cp N ~ ~ ~ ~ as N d ~ O d d d ti GO N p ~ M In ~y N CO N N pp O O M 0 0 0 00 p M n ~ ~ n N ~ ~ O op O c'~ ~ N ~ O O ~ M N cD ~ ~ n N N N N a7 M N O co M ~ ~n ~ c9 d7 a0 M n ~ In 07 Cp ~ M n ~ ch M ~ n ~ ~ Of n 07 1~ N N !Q r N N ~ n ~ N N W 00 ~ ~~ 0~ ~ ~ 07 ~ N M ~ O 07 N ~ 0 0 0 0 N M 00 07 N ~ O d7 O O M W W O O O O O ~ O~ ~ 00 ~ Sri ~ o Sri o o ti~~ o 0 0 0 ~ ~ ti ~ n n~ ~ w~ o0 0 ~ N a n ~ ~ ca n ~ n ~ N ~ °' ° n ° ° ° ° ° ' n ~ N c~ ti o N ~ o o r v o v ~ o ~ N n Cq ~ O N ~ ~ ~ N CO ~ O ~ M d7 ~ r ~ 00 ~ Q1 M M ~ ~ 00 In M In ~ ~ ~ M ~ ~ M ~ O ~ CO r ~ ~ r N ~ ~ ID n M 0 o M ~ n ~ ~ ~ cp ~ N N N ~''> N ~ M N O CO ~ N 07 07 Q) O ~ n 0 ~ 0 0 0 d1 ~ N ~ M n ~ ~ O O~ ~ ~ O ~ ~} ~ n O O d7 M O 0 O 0 O 0 Q1 ~ p M Q1 ~ (fl ('') ~ p N o CD N M ~ c'~ ~ ~ ao ~ v~ (''} o 0'f ~ o0 o, ~ N N M ~ ~ O o O ~ O n Q~ v~ r7 ~ Q~ n ~ n M ~ ca n co ~ ~ n ~ o M ~ n ~ cD o ~ o ~ N N N r N N ~ (D r ~ N ~ 00 ~ ~ 00 -~ ~ ~ a C co ` O~ L N ~ f~ N U , ' E a +~ e ~ ~ 0 0 c ~ c ~ ~ C C ~ ~ a E O ~ o ~ N~ ~ ~ ~ ]. o C c l~ ~ m A ~ ~ L ~ ~ _ *+ O w _ ] O d C N N ~ ~ j m ~ ++ d ~ C ~ C ~, ~ ~ ~ N ~ ^ o ~ m ~ ° W ~ ~ ~° ~ ~ ~ o ~ °" w ~ ~ ~' m C ~ L ~~ ~ 'c ~ a~i ~ ~ ~} ~ = ~ m U Q} m ~ o a ~ ] ~ ? i aI N ~ y s ~ a ~ ~ C c «r ~ Q y ~ ~ N ~ a a ~ O ~ ~ ~ H m` ~ L ~ ~ ~ U '~ a ~ ~ °a U c°~ o W U E v E .x w^ .N ~ ~ ~ ~ ~ o U c ~ ~ Z ~' c ~ c ~ ~ N ('~ ~ N (") N ~ N M ~ (D n o0 ~ N O O O O O O O ° 0 0 0 0 0 0 0 0 O O o ~ 0 ~ 0 w 0 ° ~ n 0 n 0 n n 00 ~ o0 00 00 00 0 00 0 ov 0 o0 0 00 0 ~ ~, o ~, o ~v, v v v v OO O °o ti M 0~ rD a~o 00 N M N M T O N W r ono 00 r N N OO N ACTION N0. ITEM NO. O -loo AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: AGENDA ITEM: 5UBMITTED BY: APPROVED BY: April 28, 2009 Analysis of Comparative Statement of Budgeted and Actual Revenues for the Month Ended March 31, ZD09 Rebecca E. Owens Director of Finance B. Clayton Goodman, III #`~~~!- County Administrator COUNTY ADMINISTRATOR'S COMMENT5: SUMMARY OF INFORMATION: Comparative S!alemen! of Budgeted and Acfua! Revenues - Hlgnllgnfs General Proper~i Taxes • General property taxes were approximately 1.18% or $3,325,458 higher than the previous year; however, that number is expected to decrease when the personal property tax collections begin. • Personal Property taxes are levied annually in April on assessed values as of January 1 and due on or before May 31. The assessed value of tangible personal property declined approximately 14.5% over the prior year. Other Local Taxes • Other local taxes declined approximately -1.05°/0 or ~$218,595~ from the prior year, The significant decrease in this category is in the franchise tax, taxes on recordation and wills, hotellmotel tax, and meals tax which are down slightly as a result of the downturn in the economy. Permits Fees and Licenses • Permits, fees and licenses decreased approximately -22.6D°/° or ~$156,900~ from the prior year. 'fhe significant decrease in this category continues to be in the land and building fees and permits which is directly attributable to declines in the housing market, 1 Use o~ Money and Pro er • Revenues from use of money and property decreased approximately 46.34°/° or x$495,123} from the prior year, This decrease is directly attributable to the earnings on investments and the significant drop in interest rates from the prior year. Miscellaneous • Miscellaneous revenues have increased approximately 86.48°/° or $287,585 from the prior year. This is primarily attributable to an increase in the services provided to Salem citizen's in the Social Services department for which we are reimbursed. State and Federal Revenues • State and federal revenues have decreased approximately -3.35°/° or x$380,040}from the prior year. This is primarily attributable to the amount that was required to be reimbursed to the State of Virginia under the reduction instate aid mandate. STAFF REC~MMENCATI~N: Accept report as presented. °a d N f,! a C N ,~ ~ ~~ ~ L 1d ~ ~' a o a ~ ° .~ c r _~ 3 V a ~w ~a~ C ~ '0 ~ ~ 7 d N m ~ ~ d d ~ C L +~ 7 ~ ~ ~ 41 d C m d ~ Q~ ~o L V M ~ a- o ~= TJ ,~ ~ d G1 ~ '0 ~ 7 m Y 01 v p ~ c _ ~ ~ W m 'D p ~ w o D ~, ~ o ~ 0 ~ t d *+ ~ ~'0 1d 7 ~ E~ ~ ~~m _ ~, ~ ~ ~ o U ~ ~, N o ~ ~ ~ ~ ~+ Q LL L.. d ~ ~ a ~ 7 ~, ,~ ~ p U Q1 '0 7 Ln ~, ~, ~, ,~ ~° N (0 O I~ r 01 00 (D h L"7 f~ ~ O N h 00 O ~ r h r 00 ~ 00 00 O r cy (D f~ N ~ O 01 ~ ("} In 00 lf3 N O f~ h r ['7 O GO r: ~ o r: ~ ~ ~ T ri ~ ~ ~i ~ N ~ ri ~ co cp ~ co ~ N r N r ~ N r ~ ' ~ N [''3 N i ~ i i i i i r r ~ oo ~ f` oo N M h r O N (D h N oo N ~ O M ~ ~ a0 ~ N ~ M O N (A 01 r f` oQ ~ M CD a0 00 0? 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O v N r r ~ N ~ r r O In N O Cp ~ ~ 00 v N N O ~ t"'1 r h I~ r Cq CA N uy ~ N ~ l[) N O O v O O D h ~ N O N ~ M ~ O 00 00 00 h O M h ~ Q~ In N o O r Cq h O O Q O N Q W N N r r O fD ~ ~ ~ ~ N O ~ O M M ti Q3 ~ h M h N O N h ~` O ' N u7 N ~ u] m O ~ ~ ~ h M h O r ~ ~ M M r N lf} 00 ~ lt7 ~ M N r r h W r 00 ~ M o ~ N M h ~ OS (D h O pp O Q ~ ~ N o h p ~f) O ~ ~ h O ~y ~ o {D O ~ O N O p ~ ~ N h (D ~. ~ ~ ~ h N Q3 fD N O 00 h ~ O p O p ~. h ~. ~ ~ N 00 ~ 00 CO O M fD 00 00 Cri r h ~p G1 r O v r M ~ h ~ r O ~ r ~ O ~ N O D ti ~"J O O D Q7 h (p h lfy d' N CA O CA h C7 D N CD 00 r ~ M ~ r r N 00 l! 3 N [A [n M 0) ~ W N ti ~ ~ O N <''~ rn ~ ~ CD cA h v ~ ~ N o (D ~ N h M CA r D O ~ (D N ~ ~ O r M r OD N ~ N u y Y7 In N N r r N M r It 3 h N D N N ~ N ~ N v v v O O o o O O o o 0 0 0 0 o o v v o o 0 0 o 0 v 0 o o ~ h w w o o0 0 0 o N ~ M M c7 c7 O o O W N ~ o ~ o ~ rn M u~ N ~ rn o ~ c~ ~ N N N p lf) ~!1 h In N O W 00 D O r ~ ~ O f M ~''~ ~ ~ M ~ ~ ~ ~ ('''! ti ~ O O v M ~ ?~ ~ 00 N c ~ ~ ~ ~ r r M ~"~ ~ r N M r O N N fD O N h ~ u) h (0 Q~ D) O ~ M ~ h M r ~ O ~. u7 N ~ 0) N N Q1 00 h ~ CO Q7 h M h 07 O O N O v fD O Qf LA In fD lf3 N ~ It3 O ~A ?~ ~Q O r ~ M 00 fD O O O In N o (D D h ~ ti ~ O r M N h 03 h CO N 00 r r r r ~ r O 00 00 ~ h 00 cA 00 N7 ~ h cD N ~ M O c0 CO O t"7 O v 1~ N O M D C'7 ~ h N (D N t"7 h r M O ~ N W CD M Ll7 M M ~D w! Q3 00 CD 03 h OS LA o LA O N O Q1 D ~ O v ~ M 00 W ~ i"~ lt7 N ~ N M 07 ~ M ~ h N fD ~ ~ O v ~y N r r M Q ~ CA h h ~"? ~ r nj N ~ r r (y r r c~ 00 0 o 0 v 0 o 0 o 0 v 0 o 0 0 0 0 0 0 0 0 0 o o v N u~ cv u7 ao 0o M h o o o o ~ is cv ~ nt N N o 0 0 Sri N rn o 0 0 ~ ~ oo ~ av ~ ~ o ~ ~ c~ is 0 of ~ v ~i ~i ~ ~i ~ o ~ ~ M ° M ~ N M +~ o v H M O ~ u~ ~ ~ ~ o rn ~ ~ ~ t0 h ti o 0~ O d? M ~ O N N 00 ~ (''') ~ M ~''~ r r N N ~!y r N M ~ N N ~ ~ m 7, ~ N N c o N ~ U ;v O L ~ V N _ Q 2 . N 0 ~ ~ ~ o ~ fA N O N N cL C ~ ~ ~ ~ ;O y L L C ~ N ~ y ~ V O ~ Q N ~ ~ N ¢ C LrJ ~ ~, ~ a ~ ~ a ~ N ~ ~ i ~' ~ ~ a Q ~ ~ cn ~ cn s m J O ~ 0 ~ 4 U? ~ ~ ~ j 0 'C ~ 0 U O 0 ~ ~U 0 ~ lL ~ ~ lL ~ ~ ~ ,~ ~ o U o a ~ ~ ~ m ~ H o o L ~ -a m x .~ m ~ o ~ ~ ~ ~ ~ d ( f C N ~ W a~ ~ ~ ~ ~ C N C ~ ~ > > >, u1 ~ u1 ~ V? j ' ~ ~ a ~ ~ ~ ~ ~ U ~ L~ C • 0 C C ~ Di ~ L 7 0 ~ ~ u ~ N ~ lL N N C ~ ~ 0 U d ' ~ N ~ N lL N C LL 7 7 ~ c0 c0 w N C c~ L L L ~ lL A ~ ~ ~ { } { } d ~ ~ ~ !~ Z LI] }} 7 U }} 7 U ~ 0 ILL ~ N 0 . . 01 0 ~ ~ ~ ro ~ ~ y a ~ ii ~ t ~ ~ ;° N O ~ ~ ~ w ~ ~ ~..i ~ ~ ~ ~ 0 N o0 ~ O ~ cA 0 0 ~ ~ M o cD ~ N 4 H t~7 H ~ ~ H ~ ~ H ~ u 3 ~[) H cD cA cA h c0 cq H rn H 0 0 o O o 0 0 0 0 0 0 0 0 0 0 r~ p o d N Lf O ~ b ~ ~ y la ~ ~ 0. O ~ 0 ~. \° a d v Z b ~: y ~} a N ~ ~ 0 ~ ~ \ Q{ y ~~ ~ ~ m ~ d 7 C ib d C ~ ~ ~ ~; ~ ~ ~ ~ ~ ~+ ~ . ~ + ~ r M C 0 a M _ ~C ~ ~ •~ ~ d ~ .~ ~ m ~ Y D ~ m ~ 0 C '~ ~ ~ W ~ m o 0 ~ , ~ 0`y dog ~ ~a ~~ co ~ ~' ~ ~ ~ ~ m C D ~ ~ ~ ~ 0 U ~ ~ ++ N o ~ a t ~ *+ ~ ' ~ ~ ;~ 7 ~ ' C as Q ~ ~ ~ ~ ` DC D V a a v~ m 0 0 N r L 0. ~ O O ~ .~ O N 0 o ao ~ N ~ ~ M ~ O ~ ~ ~ 00 O O ~ N N f~ p O 00 ~ ~ tD O ~ O M ~ ~ ~ N N 00 ti n n ~ N ~ ~ N r ~ ~ ~ O O 0~O O O M l~j ~G r ~ coo o ~ ~ ~ r c°0o m ~ ~ a ~ rn as o co m oa ('~ M r (~ M N ~ ~ N 0 00 (D t0 N M M ~ ~ r ~ iF 'A v /rte/ !A r N L N C Rf y F' ~ H N C C ro ~ L ~ ~ ~ F {' C~n~zn#~ of ~attnuhe ~ ~ ~~~~r~ o~ µOAN ~~ ~ L 2 A 7 2 J d 3 DECLARING APRIL 24, 2009, AS NATIONAL ARBOR DAY IN THE COUNTY OF ROANOKE WHEREAS, in ~S7Z, J, Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of mare than a million trees in Nebraska; and , V~HEREAS, 2009 is the ~31th anniversary of Arbor Day which is now observed throughout the nation and the world, and will be celebrated in Roanoke County on Friday, April Z4, 2009; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling cysts, moderate the temperature, clean the air, produce oxygen, and provide habitatfvrwildlife;and WHEREAS, trees are a renewable resource giving us paper, wood far our homes, fuel far our fires, and countless other wood products; and WHEREAS, trees in our county increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. N4W, THEREFORE, I, Michael W. Altizer, Chairman, vn behalf of the Board of Supervisors of Roanoke County, Virginia, dv hereby proclaim April Z4, Z009, as NATIONAL ARBOR DAY in Roanoke County; and urge all citizens tv celebrate Arbor Day and tv supportefforts to protect our trees and woodlands; and - FUR"fHER, we urge all citizens tv plant trees tv gladden the heart and promote the well-being of this and future generations. 7. ~~ Michael W. Altizer, C airman o-r~ Ill ~.~ ~ B. Cla n Goodman, ICI County Administrator f r.~ ~~~ 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: April 2S, 2009 AGENDA ITEM: Report of claims activity for the Self-Insurance Program SUBMITTED BY: Robert C. Jernigan Risk Manager APPROVED BY: B. Clayton Goodman, III County Administrator COUNTY ADMINISTRATOR'S COMMENTS: SUMMARYQF INFaRMAT14N: In accordance with the Self-Insurance Program, Ordinance 0-061494-6, Section 2-86.C, attached is the Fiscal Year to Date claims activity report including the Third Quarter that ended March 31, 2009. Attachment A -Auto, Attachment B -General Liability. FISCAL IMPACT: None a ~ o o v v N v ~ o u~ o ti o ~ ~ o 0 0 N o v o o ~ o v o rn o ti o c~ o v o 0 ~ ° ° ° i° r ° ° n ° ° v rn ° ~ ~ ~ ' n c o rn o o o o cv o a o (D f` lY? Iti C'1 r 1~ Q1 In N N o r (,~ r r N r r r ~ ~ r ~ C ' ' d ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N ~ N W N W N N N N N , Q O O O 0 0 0 O 0 O 0 0 O O 0 O 0 0 m =N. z o 0 0 0 0 0 0 0 0 m ~ o 0 0 0 0 0 ~ o _~ U U U U U U U U U ~ U U U U U U ~ U v fl Q ¢ a ¢ Q a Q Q ~ a Q Q a Q ¢ ~ a ~ ] N U Q ] ] ] ] ] ] ] ] N ] ] ] ] ] ] N ] r ~ ~ M U 3 ~ ~ ~ . y Q f_ I.L Y U N V ~ o~ L ~ ~ a a ~ ~ W ~ 7, O N p ~ N N N ~ ~ L ~ ~ U ~ ~ C ~ ] W D 'C ~ ._ ~ O N L ~ ~ U N ~, cn ~ N v U ~ O .. 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If you world like to forward your questions regarding the proposed FY 201 o budget before the meeting, this would be greatly appreciated. This would allow staff an opportunity to be prepared to answerthe questions at the meeting. Please contact me if you have any questions. ATA REGULAR MEETING OF "SHE BOARD GF SUPERVISORS GF R4AN4KE COUNTY, VIRGINIA, HELD AT THE R4ANGKE CGLINTY ADMINISTRAI"14N CEN"fER GN TUESDAY, APRIL 28, 2ao8 RESGLUI'IGN CERTIFYING THE CLGSED MEETING VITAS HELD IN CGNFGRMITY WITH THE CGDE GF VIRGINIA 1NHEREAS, the Board of Supervisors of Roanoke County, Virginia I~as convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 1NHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed mee~ring was conducted in conformity with Virginia law, NG1N, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting regi~iirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Onlysuch public business matters aswere identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. S-~ PETITIONER; wolf Creek, Inc., Circle C Consultants, Inc., wolf Creek Homeowners Association, Inc., Front Street Construction, Inc., and ~Id Towne Development, LLC CASE NUMBER: 11-912001 Board of Supervisors Consent 15t Reading Date: March 24, 2009 Planning Commission Hearing Date: April 1, 2009 Board of Supervisors Hearing & 2nd Reading Date: April 28, 2009 A. REQUEST To amend the Planned Residential Development Master Plan for Wolf Creek, which measures 38.384 acres and includes the communities of Wolf Run, Wolf Crest, Beech Cove, Richard's Wood, Village at Stone Creek and Rockbridge, Vinton Magisterial District. B. CITIZEN COMMENTS Mr. Joe Sailor, 2445 Sweet Bay Circle, discussed the history of this petition and the problems with the development of the community. He commended Mr. Mike Altizer for his assistance with helping the residents to get back what was intended by the PRD. He stated the original intent of the development was not to detract from the Blue Ridge Parkway. He said that the houses there do not comply with the PRD and sidewalks required will not fit where theywere planned. Mr. Sailor said that there are problems with the homeowners' associations that the citizens are trying to work out. He suggested implementing laws which would protect citizens from developers taking advantage of them. Mr. Glenn Walls, 2409 Sweet Bay Circle and President, Village at Stone Creek Homeowners' Association, spoke requesting the developer address current private road issues within Village at Stone Creek. He stated that they do not know if the HGA owns the roads in Village at Stone Creek but they need to be repaired so he needs an answer. He said that while the HQA has monies coming to it from the settlement agreement, he was under the assumption that the road would not be turned over to the HQA until the builder had completed and sold homes on the remaining lots and the roads damaged by construction were repaired. C. SUMMARY ~F C~MMISSI~N DISCUSSION Ms. Megan Cronise presented the staff report, reviewing the amendments to amenities for each community. She also provided a brief history of the petition, including ~rhe settlement agreements. Mr. Azar expressed concern about the developers' change from including an arbor or trellis at Beech Cove to making this feature optional. He was also concerned about citizen notification and input regarding this feature change and all amenities included in the PRD. Ms. Cronise reviewed citizen notification provisions and said that the citizens are aware of and agreed to the proposed amenities with the exception of the arbor or trellis iri Beech Cove becoming optional. Mr. Radford and Mr. McNeil inquired about the amended sidewalk options and materials available for different neighborhoods. Ms. Cronise discussed the amended sidewalk options available as either being consistent with the PRD or already existing in the development. Mr, Daniel Barnes, Esquire, spoke representing Wolf Creek, Inc. and Circle C Consultants, Inc. He provided a brief history of the petition, including a review of the Wolf Creek, Inc. and Circle C Consultants, Inc. settlement agreement. He stated the developers agree with the staff report with the exception of the arbor or trellis in Beech Cove which was not included in the settlement agreement. He stated that covenants and restrictions have been provided to the home purchasers. Mr. Azar, Mr. McNeil and Mr. Jarrell inquired about the amended Master Plan and settlement agreement not matching with regards to the Beech Cove arbor or trellis. Mr. Mahoney stated the arborltrellis was inadvertently left out of the settlement agreement, although it was included on maps distributed to citizens and the developer concurred with materials showing the feature previously. Ms. Cronise provided a history of the Beech Cove homeowner discussions, noting the arborltrellis is outside the scope of the original PRD amenities and this is why it may have been overlooked. The Corrirr~issioners agreed to allow the options{ language regarding the arbor or trellis to remain. Mr. Radford expressed concern about the power of the architectural review committee. Mr. Barnes discussed the declaration which gives wide latitude to the architectural review committee to review the design guidelines. Mr. Barnes and Mr. Radford reviewed the declaration which satisfied Mr. Radford's concern. D. C4ND11"IGNS The applicant proffers the draft amended Wolf Creek Master Plan entitled, "A Rezoning Application: Planning and Design Documents for Wolf Creek Planned CorrMrrMUnity, County of Roanoke, Virginia, Roanoke County's First Planned Residential Development ~PRD~"updated through March 31, 2009. E. C4MMISSI~N ACT14N Mr. Azar made a rrMotion to recommend approval of the petition to the Board of Supervisors. ~f he motion passed 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan ~ icinity Map X Staff Report X tither Philip Thompson, Secretary Roanoke County Planning Commission STAFF REPORT Petitioners: Wolf Creek, Inc., Circle C Consultants, Inc., Wolf Creek Homeowners Association, Inc., Front Street Construction, Inc. and Old Towne Development, LLC Request: Amend the Planned Residential Development (PRD) Master Plan for the wolf Creek development which measures 38.384 acres and includes the communities of wolf Run, Wolf Crest, Beech Cove, Richard's Wood, Village at Stone Creek and Rockbridge Location: Wolf Run, Wolf Crest, Stone Creek Path, Green Knoll Lane, Sassafras Circle, Sweet Bay Circle, Jenny Lane, Beech Cove Trail, Beech Cove Lane and Mountain View Drive Magisterial District: Vinton Proffered Conditions: 1. The applicant proffers the draft amended wolf Creek Master Plan entitled, "A Rezoning Application: Planning and Design Documents forwolf Creek Planned Community, County of Roanoke, Virginia, Roanoke County's First Planned Residential Development (PRD)"updated through March 31, 2009 EXECIITIUE Sl1MMARY: Roanoke County's first planned residential development ~PRD) rezoning, a 38-acre parcel nearthe Blue Ridge Parkway now known as Wolf Creek, was rezoned from R-1 to PRD with a proffered Master Plan in 1995. Construction began shortly thereafter on the first of approximately 100 single-family homes. The first amendment to the Master Plan was adopted in 1997 to incorporate minor changes. Five communities named Wolf RunlWolf Crest, Beech Cove, Village at Stone Creek, Richard's Wood and Rockbridge comprise the Wolf Creek development. Wolf Creek, Inc., Circle C Consultants, Inc., Front Street Construction, Inc, and Old Towne Development, LLC are collectively the developers of Wolf Creek. Wolf Creek, Inc. sold lots atWolf Run and Wolf Crestto individuals and also developed Beech Cove. Circle C Consultants, Inc, is responsible for Richard's Wood and Front Street Construction, Inc, is building Village at Stone Creek. Old Towne Development, LLC owns the undeveloped Rockbridge parcel. Construction activity has slowed over the 14 years since the original rezoning. Of the five communities, Wolf Crest is complete and Wolf Run, Beech Cove and Village at Stone Creek are almost built-out. Four homes are complete in Richard's Wood and no development activities have taken place at Rockbridge, although a site plan has been approved by Community Development. While many amenities and special features are required by the Master Plan, most amenities have not been constructed and several features, such as brown pebble paving, were replaced with alternative materials not permitted by the Master Plan. The petitioners are requesting a Master Plan amendment to,1) reconcile the built conditions at Wolf Creek with the Master Plan, 2~ determine which of the amenities not constructed the residents want to be completed and to remain in the Master Plan, and 3) set clear requirements for the development of the remaining lots. The proposed draft amended Wolf Creek Master Plan complies with both the Roanoke County Zoning Ordinance and the Roanoke County Comprehensive Plan. While many amenities and features have been deleted or simplified, the components that remain have been approved by the Wolf Creek residents through extensive public outreach efforts. The resulting draft amended Master Plan is more concise and gives much clearer direction than the previous edition. Coupled with the settlement agreements, County staff anticipates that, if the Master Plan is adopted, most of the amenities will be constructed and installed by the end of the calendaryear. 1. APPLICABLE REGULATIONS The Wolf Creek development meets the requirements of the Planned Residential Development (PRD) District. The current home types available in Wolf Creek include single-family attached and detached dwellings. Both uses are permitted in the Planned Residential Development District. Townhouses are also permitted and may be constructed in Richard's Wood. Where a maximum of five dwelling units per acre gross density is permitted, Wolf Creek provides 2.5 dwelling units per acre. Wolf Creek exceeds the minimum 15 percent open space requirement with 16.2 percent common open space. Roanoke County site development reviewwill be required forthe remaining undeveloped neighborhoods. 2. ANALYSIS OF EXISTING CONDITIONS Back round -There are approximately 65 homes and households at Wolf Creek out of a proposed 96 planned homes. Two houses, one in Village at Stone Creek and one on Wolf Run, are currently under construction. Except for the Rockbridge neighborhood, all public and private roads have been constructed and all lots have been subdivided. All homes are single-family detached except forfour,single-family attached units in Richard's Wood. Topograph I~Ve,, etq anon -The topography of the site is generally rolling with two streams crossing the property in forested open space. Several of the homes on Wolf Run and Wolf Crest are surrounded by preserved trees. Surroundin_q Nei_, hborhood -The surrounding development is entirely residential and is zoned R-1 Low Density Residential District. The Blue Ridge Parkway, zoned AG-3 AgriculturallRural Preserve District, lies to the southwest across Mountain View Road. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site La out- Mountain View Drive runs approximately southeast to northwest along the southern boundary of Wolf Creek. Wolf Run is the main road into Wolf Creek curving to the east and then to the north. To the south at the first right turn are the residential and open space components of Richard's Wood along Jenny Lane. The Master Plan calls Richard's Wood a Deck Home neighborhood. To the north atthe first left turn is Stone Creek Path which runs through both phases of the Village at Stone Creek. The Master Plan designates Village at Stone Creek as a Village Home neighborhood. To the north at the second left turn is Wolf Crest. Both Wolf Run and Wolf Crest are Single-Family neighborhoods. Still undeveloped in the northwestern corner of the site, Rockbridge will be accessed from the end of Wolf Crest and is also a Village Home neighborhood. Beech Cove, the third Village Home neighborhood, is located in the southeastern corner offof Laurel Glen Lane from Mountain View Drive. 0 en S ace -The open space components are primarily located along two streams. The first open space area straddles one stream between Beech Cove and Richard's WoodlWolf Run and wraps around Richard's Wood at the front of the site to Wolf Run. The draft amended Master Plan calls for a picnic area behind Wolf Run nearthe stream, trails and landscaping nearthe existing gazebo in Richard's Wood. The second open space area also surrounds the second stream running behind Wolf Crest and Village at Stone Creek and wraps around the front of the site. This open space has not been subdivided from the proposed Rockbridge development and its amenities are therefore tied to the development of Rockbridge. A meadow, trails and 2 an optional orchard are proposed forthe open space. The trail material has been designated as "crushed gravel" which is appropriate forwalking trails and works well along creeks because it is somewhat pervious. Other Amenities -Additional amenities proposed include sidewalks, landscaping, special paving surfaces at private road entrances, trail amenities and an arbor or trellis in Beech Cove. AccesslTraffic Circulation -Both public and private roads are permitted in Planned Residential Development Districts. Wolf Run and Wolf Crest are public roads, while the remaining roads are private. Beech Cove Trail and Beech Cove Lane are owned by Wolf Creek, Inc, and are maintained by the Beech Cove Homeowners' Association. The Village at Stone Creek roads in Phase 1, Green Knoll Lane and park of Stone Creek Path, are owned and maintained by the Village at Stone Creek Homeowners' Association. The roads in Phase 2 of Village at Stone Creek, Sassafras Circle, Sweet Bay Circle and park of Stone Creek Path, are owned and maintained by Front Street Construction, Inc, at this time. The Phase 2 roads will eventually be turned over to the Village at Stone Creek Homeowners' Association. Jenny Lane in Richard's Wood is owned and maintained by Circle C Consultants, Inc, and will eventually be owned and maintained by the Richard's Wood Homeowners' Association which is not yet established. Once Rockbridge is developed, those private roads will be owned and maintained by the Rockbridge Homeowners' Association when it is formed. Because the number of residential units and buildable lots proposed has dropped from 101 in the 1997 Master Plan to 96 in the draft amended Master Plan and the majority of the changes affect amenities and improvements outside of the public right-of-way, the Virginia Department of Transportation has no concerns. Fire & RescuelUtilities -The Roanoke County Fire and Rescue Department commented that an eight inch water line would be required forfire hydrants. Additionally, depending upon the distance between single- familyhomes, fire hydrantflowwould have to be 1500 gallons per minute for homes less than 11 feet apart and 1000 gallons per minute for homes between 11 and 30 feet apart. Road access would also need to be considered forfire apparatus. Publicwater and sanitary sewer are available to the site from the Town of Vinton. Communit M~ etings -Several community meetings have been held since the application was submitted in July, 2001. A Wolf Creek Committee was also formed including four residents each from Beech Cove and Village at Stone Creek, two residents each from Wolf Run and Wolf Crest and alternates for a total of 16 committee members. August 6, 2007 Community Meeting 1, about 40 residents attended August 21, 2001 Community Meeting 2, about 33 residents attended September 12, 2007 Committee Meeting 1,13 committee members attended September 19, 2007 Committee Meeting 2,12 committee members attended December 1l, 2001 Committee and Community Meeting 3, about 36 residents attended January 7, 2008 Village at Stone Creek Meeting 1, about 13 households represented April 16, 2008 Committee and Community Meeting 4, about 18 residents attended January 7, 2009 Village at Stone Creek Meeting 2, about 1l residents attended March 4, 2009 Wolf Creek Community Meeting 5, about 21 residents attended The purpose of the 2007 meetings was to, 1) inform the community about the requirements of the Master Plan, 2) determine which amenities and features were missing, and 3) achieve a consensus regarding which amenities and features the residents wanted completed. 3 County staff negotiated with the developers in late 2001 and early 2008 on amenity commitments and potential Master Plan amendments. The community meetings communicated this progress. While a settlement agreement itemizing the amenities to be completed was finalized with Wolf Creek, Inc, and Circle C Consultants, Inc, in the spring and was signed on June 1l, 2008, communication with Front Street Construction, Inc, and Old Towne Development, Inc, failed. As a result, the County Attorney filed a complaint against the two companies and others on April 3, 2008, to compel compliance with the Master Plan. Contact with the developers resumed shortly thereafter and a settlement agreement was negotiated that would essentially pay the Village at Stone Creek Homeowners' Association in exchange for all amenities and features not constructed. The settlement agreement was finalized and the complaint was dismissed on October 28, 2008. The Front Street, Inc, and Old Towne Development, LLC settlement agreement stipulated that the Village at Stone Creek HOAwould choose the remaining amenities to be constructed and would be reimbursed by the County, which would be holding the funds. The January 7, 2009, meeting with the Village at Stone Creek was held to inform the residents of their responsibilities regarding amenity construction and time constraints perthe settlement agreement. The March 4, 2009, community meeting was held to review the amended draft Master Plan that was formally submitted with a revised application in February, 2009. County staff requested that residents carefully review the draft Master Plan to insure that they agreed with the amenities that remained, thatwere deleted, and that were changed in the new Master Plan. Once adopted, the Master Plan will govern all future development to include home construction, amenities and other community features. 4. CONFORMANCE WITH THE ROANOKE COUNTY COMMUNITY PLAN The Roanoke County Comprehensive Plan designates the property as a mixture of Neighborhood Conservation and Development on the Future Land Use Map. Both designations are appropriate for single- familyresidential development. Development, in particular, lists Planned Residential Development with mixed housing types and a density of fourto eight units per acre as an appropriate land use type. 5. STAFF CONCLUSIONS The proposed draft amended Wolf Creek Master Plan complies with both the Roanoke County Zoning Ordinance and the Roanoke County Comprehensive Plan. While many amenities and features have been deleted or simplified, the components that remain have been approved by the Wolf Creek residents through extensive public outreach efEor~s. The resulting draft amended Master Plan is more concise and gives much clearer direction than the previous edition. Coupled with the settlement agreements, County staff anticipates that, if the Master Plan is adopted, most of the amenities will be constructed and installed by the end of the calendaryear. Despite the resolution achieved, the Wolf Creek, Inc, developers have requested alast-minute change. In exchange for eliminating both a heavily landscaped allee and a large overlook in Beech Cove, the residents requested an arbor or trellis be placed across from the entrance to the neighborhood prior to receiving notice of a $5,000 dollar settlement to reimburse the Beech Cove HOAforthese features and fortheirfailing private roads. The arbor ortrellis was added to lists and maps in 2007 as a part of the developer negotiations that took place during that October and November. This feature should have been included in the settlement agreement and it was inadvertently overlooked; however, text referencing the arbor ortrellis was added to the draft amended Master Plan and the feature was also added to the accompanying amenities map forthe recent February, 2009, submission. In the last fewweeks since the community meeting the developerdecided tochange the text and map to reflect an "optional"arbor ortrellis in the latest 4 draft Master Plan, dated March 31, 2009. Because this feature was included in several documents received by the developers and by Wolf Creek residents since October, 2001, staff requests that the "optional" text be removed from the draft amended Master Plan to require installation of an arbor or trellis as the Beech Cove residents requested. CASE NUMBER: 17-912007 PREPARED BY: Megan G. Cronise HEARING DATES: PC: April 7, 2009 BOS: April 28, 2009 ATTACHMENTS: Aerial Map Zoning Map Future Land Use Map Wolf Creek Neighborhoods Map Application Draft Wolf Creek Planned Community PRD (Master Plan) Amenity Changes Wolf Creek, Inc. and Circle C Consultants, Inc. Settlement Agreement Front Street Construction, Inc. and Old Towne Development, LLC Settlement Agreement Wolf Creek Community Meeting 5 Letter PRD Zoning District Regulations 5 Applicants Name: Wolf Creek, Inc, Circle C Consultants, Inc, Wolf Creek Homeowners Assoc, Inc, Front Street Construction, Inc, Roanoke County and old Towne Development, LLC De artment of Existing Zoning: PRD p Proposed Zoning. PRD Community Development Tax Map Number: <Please see packet information for map numbers> Magisterial District: Vinton Area: 38.384 Acres 27 March, 2009 Scale: l" = 300' ,/ i~ Applicants Name: Wolf Creek, Inc, Circle C Consultants, Inc, N Wolf Creek Homeowners Assoc, Inc, Front Street Construction, Inc, Roanoke County and old Towne Development, LLC De artment of Existing Zoning: PRD p Proposed Zoning. PRD Community Development Tax Map Number: <Please see packet information for map numbers> Magisterial District: Vinton Area: 38.384 Acres 27 March, 2009 Scale: l" = 300' ,/ i~ Suburban Village (new category) Economic Opportunity (new category) Applicants Name: Wolf Creek, Inc, Circle C Consultants, Inc, N Wolf Creek Homeowners Assoc, Inc, Front Street Construction, Inc, Roanoke County and old Towne Development, LLC De artment of Existing Zoning: PRD p Proposed Zoning. 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L • ~ I III o wr I;,,~„ ~.i18 II ~ Yr R ii , w I VIII , ,.III ~ ~ ~ ,~ ~h I r~ . . ~ ~ ~ Wolf Creek Neighborhoods (2006 Aerial Photography) Date: February 13, 2009 0 55 110 ~ ~SUANp~.F ~' ~r '~, LIB,{'rK ~~ * -~( ~ rasa Roanoke County Department of Community Development Feet 5204 Bernard Drive 220 330 440 Scale: 1 inch e(~ uals 200 feet Roanoke, Virginia 24018 `1 (540)772-2065 County of Roanoke Community Development Panning & Zoning 5204 Bernard Drive P OBox29S00 Roano~{e, VA 240 t 8-0798 X540} 772-2068 FAX X540} 7.76-7155 For Staff Use Onl ~~~- (~~ ~~~ ~~ Date rece' ed: Received by: ~ ~ ~ ~ Application fee: PCIB A ate: ~ 5 ~ ~G ~ at~~. ~7 ~ `r ~7 D~ Placards issued: BOS date: ~# 'z ~ o~ Case Number ~~ °- ~ ~~~~ ALL APPLICANTS Checl~ type of application filed ~clleck all that apply} f~Rezoning 0 Special Use ~ Variance D Waiver D Administrative Appeal D Comp Plan (ts.2-2Z3~} Review Applicants nameladdress wlzip Phone: 540-725-4707 Wolf Creek, Inc, clo Daniel F. Barnes, Esquire work; 3140 Chaparral Drive, Suite 200-C Cell #: Roanoke,VA 24018 ~ Fax No.; 540-772-0126 Owner's nameladdress wlzip Phone #: 540-725-4707 Wolf Creek, Inc. clo Daniel F. Barnes, Esquire wo><•lc; 314D Chaparral Drive, Suite 200~C Fax No, #; 540-7720126 Roanoke, VA 24018 Property Location The property,is located at the intersection of Mountain View Road and Wolf Run and th f i h f i S C k Magisterial District; 111 nt0 n ras ncludes lone Path, Sassa e property adjacent to t e ollow ng roads: ree Circle, Sweet Bay Circle, Green i~noll Lane, Walf CresE, Walf Run, Beech Cove Trail, and Beech Cove Lane. Community Planning area: Vinton Tax Map No.: See attached list of affected Existin Zonin ; g g PRD Size of parcels): Acres: 38,384 Existing Land Use; Residential RL'ZONING, SPECIAL USE PERMIT, WAIVER AIVD C0111P PLAN (15.2-2232} REVIEI~Y APPLICANTS ~RISIWICP} Proposed Zoning; PRD Proposed Land Use: Residential es the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes No IF N0, A VARIANCE ZS REQUIRED Ft es the parcel meet the minimum criteria for the requested Use Type , Yes No IF NQ, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes o VARIANCE, WAI VER AND ADIYI~NISTRATI VE APPEAL APPLICANTS ~V/W/AA~ Variancelwaiver of Sections} of the Roanoke County Zoning Ordinance in order ta; Appeal of Zoning Administrator's decision to Appeal of Interpretation of Sections}: of the Roanoke County Zoning Ordinance Appeal of Interpretation of Zoning Map to Is the application complete? Please check if enclosed. APPLICATION WILL NAT BE ACCEPTED IF ANY OF'rHESE ITEMS ARE MISSING 0R INCOMPLETE. RISI~~'ICP VIAA RISI~VICP VIAA ~lS~4VICP VIAA Consultation 8112" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification water ~d sewer application Adjoining property owners I hereby certify that I am either the owner of the proper r ~e o4 er's a t or contract purchaser and am acting with the knowledge and consent of the owner, Owner's Signature 2 From: "R. Mark Corkery" <rmcorkery@cs.com7 To: "'Megan Cronise"' ~mcronise@roanokecountyva.gov> Date: ~ 21201200911:39 AM Subject; RE: Wolf Greek Application Signature Page I am the contact person for both companies 201 Berkley Rd Roanoke, VA 24012 540-440-6795 -----Original Message----- From: Megan Cronise [mailto:mcronise a~roanakecountyva.gavj Sent: Wednesday, February 18, 2009 4:22 PM To: rmcarkery@cs.com Subject: Wolf Creek Application Signature Page Goad afternoon Mark, Per our conversation earlier today, I have attached a document with an example of the language and information we are looking for to add to the application package. Please also provide the mailing address, phone number and contact person far both Front Street Construction, lnc. and 01d Towne Development, l,l.C. 1f you wauid please email me the scanned signature page as soon as you can and mail me the page with original signatures I can continue to process the Woif Creek application, Please let me know if you should have any questions. Thank you very much faryour help, Megan Megan G. Cronise, AICP -Principal Planner Roanoke County Department of Community Development X540} 772-2068 x 2$2 X540} 772-2108 Sfax} mcronise@roanakecou ntyva.gov ~I1olf Creek, Inc., a Virginia corporation By - ~e~n 1~rlu~ its: ~~,~ R ~i 0~e`~~ 2 cl~ ~~~:~l~~r~~, ln~. o ~ f, `~' ~~ ~lolfi Creek Homeowner's Association, Inc,, a Virginia Corporation BY .~ Its: t~~~s~ ,' ~'~~} ~. ~~' ~~ r ~, ~~~~ ,~ .~ Referencing the application filed by wolf Creek Inc by Daniel F. Barnes, Esquire, with tl~e Roanoke County Department of Community Development on Febr~~ary nth, 20Q9, to amend the wolf Creek Planned Residential Development Master Plan, ~ hereby certify that I am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Franc street Canstl•uction, Inc. I3y Date __~ ~ ~ r~ ~ T lts: President Cld Towne Development, LLC By ~ Date 2- Zc~ _-~~ Its; Member JUSTIFICATION FOR REZONING OR SPECIAL USE PERMIT REQUEST Applicant: Wolf Creek, Inc. The Planning Commission will study rezoning, special use permit waiver or community plan X15.2-2232} review requests to determine the need and justification for the change in terms of public health, safety, and general welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Roanoke County Ordinance as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. Wolf Creek, and its related development communities, was the first Planned Residential Development to be proposed and constructed within Roanoke County. The acreage of the entire community amounts to a little more than 38 acres and the development within is a mix ofsingle-family homes, deck homes and village homes. The various communities within the greater Wolf Creek development Richard's Wood, Beech Cove, Villages at Stone Creek, Rockbridge and the single-family homes along Wolf Crest and Wolf Run} are supported and separated by various portions of undisturbed and undeveloped open space. The purpose of a Planned Residential Development District PRD}, asset forth at Section 30-47, et. seq., of the Roanoke County Zoning Ordinance, is to provide for the development of residential communities that incorporate a variety of housing options. Additionally, the Zoning Ordinance requires that a PRD include significant areas of open space as "a means to maintain critical natural and cultural resources." These two main purposes of a PRD are met by the Wolf Creek development. This request brought by the developers} is to revise and update the Master Plan. Specifically, the developer seeks to provide a more clear and definite description of the design guidelines for development of both the residences and the open space within the Woif Creek community. The updated Master Plan will more clearly set forth the amenities to be included within the open space. Lastly, this updated Master Plan will provide a benchmark by which Roanoke County can evaluate any future development or renovation of the residences therein, Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. The Vision Statements in Chapter Two of the Roanoke County Community Plan set forth various goals with respect to development and growth within the County. The Third Vision Statement regarding Housing called for "open spaces" to be provided within cluster developments and innovative site design concepts. The First Vision Statement regarding Growth Management and Planning called for the use of "open space" as an integral part of communities. The proposed Master Plan for this PRD clarifies the boundaries and amenities for various open spaces within the Wolf Creek development. The Future Land Use Plan indicates that the property subject to this revised Master Plan shall be identified as "Development." Chapter Three of the Community Plan sets forth certain issues regarding parcels identified as development. Specifically, the objectives for such areas of residentia! growth include the encouragement of planned residential communities that protect and incorporate environmental features and resources within the development. The parcels of land subject to this rezoning are within a planned residential community. Most importantly, the revised Master Plan ensures that certain environmental features and resources will be both protected and incorporated within the Wolf Creek development. Please describe the impact~s~ of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including waterlsewer, roads, schools, parkslrecreation and fire and rescue. This rezoning will not result in any significant change or impact upon the parcels subjecfi fio the rezoning, the adjoining parcels or the greater neighborhood. Rather, this submission of a revised Master Plan is focused upon the goal of clarifying the amenities and design guidelines for the greater vVolf Creek development. JUSTIFICATXON FOR VARIANCE REQUEST Applicant VIJQLF CREEK, INC, The of Zoning Appeals is required by Section 15,2-2309 of the Code of Virginia to considerthe following factors before a variance can be granted, Please read the factors listed below carefully and in your awn wards, describe how the request meets each factar.lf additional space is needed, use additional sheets of paper, 1. The variance shall not be contrary to the public interest and shall be in hai~nony with the intended spirit and purpose ofthe Zoning Qrdinance, 2, The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience} and would prohibit or unreasonably restrict the use of the property, 3, The hardship is not shared by other properties in the same zoning district ar vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. 4 JUSTIFICATION FOR ADMINISTRATIVE APPEAL REQUEST Applicant UVOLF CREEK, lNC. Please respond to the following as thoroughly as possible. If additional space is needed, use additional sheets of paper. I. Reasons for appeal: 2. Evidence supporting claim; CQNCEPT PLAN CHECKLIST A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, co~~ect any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance ofa building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by tl~e zoning dist~'ict and other regulations. A concept plan is required with all rezoning, special use permit, waiver, community plan ~15.2~2232} review and variance applications. The plan should be prepared by a p~'ofessional site planner. The level of detail may vary, depending on the nature ofthe request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS x a. Applicant name and name of development x b. Date, scale and north ai-~•ow x c, Lot size in acres or square feet and dimensions x d. Location, names of owners and Roanoke County tax map numbers of adjoining prope~•ties x e. Physical features such as ground saver, natural watercourses, floodplain, etc. x f. The zoning and land use of all adjacent properties x g. All property lines and easements x h. All buildings, existing and proposed, and dimensions, floor area and heights x i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development x j. Dimensions and locations of all driveways, parking spaces and loading spaces Additr'ai~ar irrformatron ,l•egzrir~ed for• REZQN.II~G ar~d SPECIAL USA P,~R11II2'APP.~ICAl1~TS x k. Existing utilities water, sewer, storm drains} and Connections at the site x 1. Any d~'iveways, entranceslexlts, curb openings and crossovers x m. Topography map in a suitable scale and contour intervals x n. Approximate street grades and site distances at intersections x o. Locations of all adjacent fire hydrants x p. Any proffered conditions at the site and how they are add~•essed x q. If project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ~~ ~~~ gnature of applicant at 6 LEGAL Address of Sub'ect Pro erk ; THE INTERSECTION OF MOUNTAIN VIEVII ROAD AN D 11VOLF RU N A licant's Name: 11110LF CREEK, INC. LEGAL DESCRIPTION Ail that certain parcel of land situate in the County of Roanoke, Virginia: BEGINNING at carnet #1, said point located on the nartherly right-of way of Virginia Secondary Route #651, said point also being the southeasterly corner of Lot 1, Section 7, Falling Creek Estates APB 12, page 170}; thence leaving Route #651 and with Section 1, Falling Creek Estates, N. 14 deg. 41' 52" E. 1043.04 feet to corner #2, said point located on the southerly boundary of Section 3, Falling Creek Estates APB 9, page 71}; thence continuing with Section 3, Falling Creek Estates, N. 67 deg. 14' 20" E. 779.21 feet to corner #3, said point located on the westerly side of Section 5, Failing Creek Estates APB 9, page 146}; thence continuing with Section 5, Falling Creek Estates, S. 16 deg. 54' 06" E. 491.10 feet to corner #4; thence with the new boundary lines of Lat 6 for the following three courses comprising the southerly portion of Lot 6, Section 5, Falling Creek Estates, S. 89 deg. 15' 46" till!. 20.00 feet to corner #5; thence S, 16 deg. 42' 00" E, 224.60 feet to corner #6; thence N, 73 deg. 05' 54" E. 20.00 feet to corner #7, said point located on the original Lot 6 boundary line; thence continuing with the southerly boundary of Lot 6, S. 16 deg. 54' 06" E. 312.03 feet to corner #8, said point being the northwesterly corner of Cindy F. Ross property; thence [eaving Lot 6 and with Ross S. 16 deg. 54' 06" E. 514.98 feet to corner #9, said point located on the northerly right-of-way of Laurel Glen Lane, said point also being the southwesterly corner of property of Cindy F. Ross DDB 1376, page 943}; thence leaving Ross and with Laurel Glen Lane for the following three courses, S. 66 deg. 28' 05" w. 203.72 feet to corner #10; thence S. 47 deg. 43' 04" 11V. 29.58 feet to corner #11; thence S. 63 deg. 22' 10" 11V.111.14 feet; thence S. 26 deg. 31' 50" E, 30 feet; thence S. 63 deg. 22' 10" tiIV. 231,58 feet; thence N. 26 deg. 37' S0" tiN. 30.00 feet to corner #12; thence leaving Laurel Glen Lane and with Virginia Secondary Route 651 far the following four courses: thence with a curve to the left which said curve is defined by a delta angle of 13 deg. 05' S5", a radius of 571.37' feet, a chord of 131,71 feet and bearing N. l5 deg. 18' D9" VI1. to corner #13; thence with a curve to the right which said curve is defined by a delta angle of 21 deg. 18' 49", a radius of 481.01 feet, a chord of 227,14 feet, and bearing N. 68 deg. 11' 43" ~. to corner #14; thence N. 47 deg. 52' 47" tilV. 362,91 feet to carnet #15; thence N. 49 deg. 26' 32" w. 202,61 feet to corner #1, the place of beginning and containing 38.384 acres. ADJOINING PROPERTY OWNER LIST Property Location: THE PROPERTY IS LOCATED AT THE INTERSECTION OF MOUNTAIN VIEUII ROAD AND WOLF RUN AND INCLUDES THE PROPERTY ADJACENT TO THE FOLLOWING ROADS: STONE CREEK PATH, SASSAFRAS CIRCLE, SWEET BAY CIRCLE, GREEN KNOLL LANE, WOLF CREST, WOLF RUN, BEECH COVE TRAIL AND BEECH COVE LANE, A licant: WOLF CREEK, INC ADJGiNING PROPERTY GUNNERS The following is a list of those property owners who own property beside, behind or across the street from the subject property noted above: CITY GF RGANGKE Official Tax Number Owner's Name and Mailin Address 050.04-01-52.00-0000 Town of Vinton 311 South Pollard Street Vinton, VA 24179 050,04-01-53.00-0000 ~Viiliam K & Rebecca P. Brown 4227 Denbeigh Circle Vinton, VA 24179 050.04-01-SG.00-0000 Harold R. & Diane S. Harless 4045 Falling Creek Drive Vinton, VA 24179 050.04-O1-59.00-0000 Russell B. McCormack 4019 Falling Creek Drive Vinton, VA 24179 050.04-02-01.04-0000 David M. & Caroline F. Forbes 4001 Falling Creels Drive Vinton, VA 24179 050.04-02-01,03-0000 ~Ualter Lee Cox 3923 Falling Creels Drive Vinton, VA 24179 050.04-02.01.02-0000 Douglas L. & Colleen R. Sherlc 3 917 Falling Creek Drive Vinton, VA 24179 050,04-02-01.01 0000 Jefferson K. & Susan G, Teass 3911 Falling Creek Drive Vinton, VA 24179 050.04-03-78.00-0000 Thomas A, & Vicl~ie C. Callahan 3904 Laurel Glen Lane Vinton, VA 24179 050.04-03-74.000000 William C. & Wanda M. Butler P.O. Box 100 Vinton, VA 24179 050.04-03-67,00-0000 Charles R. & Sara K. Boiler 5144 Burnt Quarter Drive Vinton, VA 24179 050.04-03-68.00-0000 Michael M. Kessler 5130 Burnt Quarter Drive Vinton, VA 24179 050.04-03-69.000000 Joe J. Hatcher 5120 Burnt Quarter Drive Vinton, VA 24179 050.04-03-70.00-0000 James C. & Betty P. Reynolds 5110 Burnt Quarter Drive Vinton, VA 24179 050.04-03-71.00-0000 Gary A, & Sandra L. I~esler 4163 Toddsbury Drive Vinton, VA 24179 050.04-03-72.00-0000 Kevin D. & SaI1y B. Crouch 4149 Toddsbury Drive Vinton, VA 24179 050.04-0202.00-0000 Garry Lee & Jo Ann M, Saunders 3918 Blandf eld Drive Vinton, VA 24179 050.04-03-79.00-0000 Gary E. & Sherrie H. Buslu~ell 3908 Horsepen Mountain Drive Vinton, VA 24179 050.0403-82.00-0000 Andrew F. & Carol A. Haas 3 93 8 Horsepen Mountain Drive Vinton, VA 24179 AFFECTED PROPERTIES The following is a list ofithose parcels ofi real property which are subject to this rezoning request. TAX MAP NQ, TAX MAP NQ. TAX MAP NQ. 050.04-0426,00-0000 050.04-D4-25.00-0000 050 , 04-0424. o o-O 0 0 0 050.04-04-08.000000 050.04-03-73.00-0000 050,04-04-09.00-0000 050.0404-10.00-0000 0 5 0.04-04-07.0 0-D 00 0 050.04-04-06.000000 050.04-08-07.00-0000 050.04-08-03.00-oooo 050, 04-OS-08.00-oooo 050.04-08-10.00-0000 050,04-03-78.000000 050.04-03-11.00-0000 050.04-08~05.D0-oooo 050.04-os-19. oo-oooo 050.04-08~04.0D-0000 050.04-08-12.00-0000 050.04~08~02.00-0000 050.04-0813.00-oooo 050.0408-03.00-0000 050.D4-08-18.00~OOOD 054.04-08~ 14. DD-0000 050.04-08-15.00-0000 050. o4-os-16.00-oooo 050.04-03-73.00-0000 050.04-04-01.00-0000 050.04-D9-01.00-0000 050.04-0902.000000 050.04-09-12.00-0000 050.04-09-D3.00-0000 050.04-09-D5.00~0000 050. D4-09-09.00~OOOD 050.04-0908.00-0000 05D.D4-D9-07.00-0000 050,04-0911.00-0000 050.04-03.73.01-0000 050.04-0 9- ~ 3.0 0-0 00 0 050.04-05-07.00-0000 050.04-05-12.01 0000 050.04-04-35.00-oooo 050.04-04.34.000000 050.04-041 s.oo-oooo 050, 04-04-19.00-0000 050.0404-31.00-oooo D50.04-04-30.000000 0 50.04-D4-29.0 0-0 00 0 050.04-04.28-00-oooo 0 5 0, 04-04-27.0 0-0 O D O 050.04-04-32.DD-oooa 050.04-04-33.000000 050.0404-36.00-0000 050.04-04-37, 00-0000 050.04-0673.06-0000 050.0406-73.05-0000 050, D4-06-73.04-0000 450.04-06-73.03-0000 050.04-04-23.00-oooo 050,04-04-22.00-oooo 05D.04-04-21.OD-0000 050, 04-04-20.00-0000 050.04-04-11.OO~D000 05D.04-04-12.OD-oooo 050.04-04-13.00-0000 050.D4-04-15.000000 050.04-04-05.00-0000 D50.04-OS-D6.OD-oooo 0 5 0.04-04-04 . o o-o 0 0 0 050.04-04-03.00-0000 050.04-04-02.00-0000 a 5 0.04-o s-o 1. o o-a o o a 050.04~07~D4.00-0000 050.04-07-05.00-oooo 050.04-07-06.OOM0000 050.04 D711.00-0000 050.04-07-09. DO-0000 050.04-07-03.000000 050.04-D7-D2.00-0000 050.04-07-D 1.00-0000 o5D.04-o7-07, oD-oooa 050.04-03-74.00-0000 050.04-05-09.00-0000 050.04-05-08.00-0000 050.04-0510.00-oooa 050.04-05-07.00-0000 050.04-D5-05.00-0000 050.04-05-03.00-0000 050.04-05-D2. oo-oooo ~ ~~~~ i (~` ~ , ~' L Community Development ~ ~ ~~ -~~ ~' ' Planning & Zoning Division ~ ~~ ~~~ NOTICE TO APPLICANTS FOR REZONING, SUBDIVISION WAIVER, PUBLIC STREET WAIVER, OR SPECIAL USE PERMIT PETITION PLANNING COMMISSION APPLICATION ACCEPTANCE PROCEDURE The Roanol~e County Planlling Commission reserves the right to continue a Rezoning, Subdivision waiver, Public Street Waiver or Special Use Permit petition if new or additional information is presented at the public hearing. If it is the opinion of the majority of the Planning Commissioners present at the scheduled public hearing that sufficient time was not available for planning staff andlor an outside referral agency to adequately evaluate and provide written comments and suggestions on the new or additional information prior to the scheduled public heating then the Planning Commission may vote to continue the petition. This continuance shall allow sufficient time for all necessary reviewing pal•ties to evaluate the new or additional information and provide written comments and suggestions to be included in a written memorandum by planning staff to tlae Planning Commission. The Planning Commission shall consult with planning staff to determine if a continuance may be warranted. POTENTIAL OF NEED FOR TRAFFIC ANALYSES AND/OR TRAFFIC IMPACT STUDY The Roanoke County Planning Commission reserves the right to continue a Rezoning, Subdivision Waiver, Public Street waiver, or Special Use Permit petition if the County Transportation Engineering Manager or staff from the Virginia Department of Transportation requests further traffic analyses andlor a traffic impact study that would be beneficial in mal{ing a land use decision .Note: a list of potentiar land zrses and situations that ~i~ould necessitate further study is provided as past of this application package}. This continuance shall allow sufficient time for all necessary reviewing parties to evaluate the required traffic analyses andlor traffic impact study and to provide written comments andlor suggestions to the planning staff and the Planning Commission, Zf a continuance is wazranted, the applicant will be notified of the continuance and the newly scheduled public hearing date, Effective Date: April 19, 2005 ~IIJ~LF CREEK, INC Na Petitio Petitio er',s Signature Date Community Development Planning & Zoning Division POTENTIAL OF NEED FOR 1~ZAFFIC ANALYSIS AND/OR ~I~FFIC IMPACT STUDY The following is a list of potentially high traffic~generating land uses and road network situations that could elicit a more detailed analysis of the existing and proposed traffic pertinent to your rezoning, subdivision waiver, public street waiver, or special use permit request. If your request involves one of the items on the ensuing list, we recommend that you meet with a County planner, the County Transportation Engineering Manager, and~or Virginia Department of Transportation staff to discuss the potential additional traffic related information that may need to be submitted with the application in order to expedite your application process, (Dote this list is not inclusive and the County start and l/DOT reserve the right to request a traffic study at any time, as deemed necessary.) High Traffic~Generating Land Uses: • Single-family residential subdivisions, Multi-family residential units, or Apartments with more than 75 dwelling units • Restaurant with or without drive-through windows} • Gas station/Convenience store/Car wash • Retail shoplShopping center • Gffices including: financial institutions, general, medical, etc.} • Regional public facilities • Educational/Recreational facilities • Religious assemblies • Hotei/Motel • Golf course • Hospita111Vursing homeJClinic • industrial site/Factory • Day care center • Bank • Non-specific use requests Road Network Situations: • Development adjacent to/with access ontolwithin 500-ft of intersection of a roadway classified as an arterial road ~e.g., Rte 11, 24, 115, 117, 460, 11/460, 220, 221, 419, etc} • For new phases or changes to a development where a previously submitted traffic study is more than two ~2} years old and/or roadway conditions have changed significantly • when required to evaluate access issues • Development with ingressJegress on roads planned or scheduled for expansion, widening, improvements, etc, ~i,e. on Long Range Transportation Plan, Six-Yr Road Plan, etc.} • Development in an area where there is a known existing traffic and/or safety problem • Development would potentially negatively impact existing planned traffic signals} • Substantial departure from the Community Plan • Any site that is expected to generate over one hundred X100} trips during the peak hour of the traffic generator or the peak hour on the adjacent streets, or over seven hundred fifty X750} trips in an average day yak ~ .. ~' t. a .. - .` ~~ r~3 A REZONING APPLICATION: PLANNING AND DESIGN DOCUMENTS FOR WOLF CREEK PLANNED COMMUNITY COUNTY OF ROANOKE, VIRGINIA ROANOKE COUNTY'S FIRST PLANNED RESIDENTIAL DEVELOPMENT (PRD) WOLF CREEK, INC., OWNER & DEVELOPER HILL STUDIO, P.C., PLANNER & LANDSCAPE ARCHITECT JUNE 23, 1995 UPDATED SEPTEMBER 13,1995 UPDATED SEPTEMBER 29,1995 UPDATED OCTOBER 17,1995 UPDATING INCORPORATING ONE-YEAR REVIEW & APPROVALS DECEMBER 01, 2001 UPDATED FEBRUARY 6, 2009 UPDATED MARCH 31, 2009 WOLF CREEK MASTERPLAN & DESIGN GUIDELINES PROJECT TEAM QWNERIDEIIELQPER: PLANNER AND LANDSCAPE ARC H ITEGT: ENGINEER: DESIGN TEAK ADVISQRS: vvolf Creek, Inc. 4346 Starkey Rd., SvU Mr. Steve Musselwhite, Pres. Hill Studio, PC 20A East Campbell Ave. Roanoke, VA 24011 540-342-5263 Planning Team: David P, Hill, ASLA Project Il~anager, Frank H. Hill, AIA Kitty Johnson, Melissa Board, Valerie Birch, AICP, Sandra Gaylord Lumsden Associates, PC 4664 Brambleton Ave., Svil Roanoke, VA 24014 544M774~4411 Keith Rastorfer, Project Manager Janet Shield, AICP, Community Planner, Roanoke County NPS Blue Ridge Parkway: Gary Johnson, Chief, Resource Planning & Professional Services Division Carlton Abbott and Partners Carlton S. Abbott, FAIR vvill Carr, Park Landscape Architect for the Blue Ridge Parkway UI10LF CREEK MASTERPLAN & DESIGN GUIDELINES INTRODUCTION WOLF CREEK CONCEPT Wolf Creek is a 38-acre planned community of residences adjacent to the Blue Ridge Parkway in Roanoke County, Virginia, The community is proposed as Roanoke County's first Planned Residential Development ~PRD} and will offer an alternative to typical subdivision developments which can be designed without regard to the surrounding landscape. Because the design of Wolf Creek is based on a commitment to be a compatible adjacent use to the Blue Ridge parkway, the design responds by incorporating the community into the surrounding agricultural and residential land use patterns. Vital towns and villages, meadows, fields and farms, and forests compose the cultural landscape of the western Virginia's Blue Ridge parkway corridor, These four elements are incorporated into the design of UVolf Creek. The massing diagram on page ~3 illustrates the four land use types at Wolf Creek. Park lands are the front of the property, and are designed to be meadows visible from the Blue Ridge Parkway. Much of this land was determined to be critical viewshed of the Parkway, and the land is proposed to be ultimately conveyed to the homeowners' association. A second subset of park lands are lands retained by the homeowner's association. These lands include the loop of trails and amenities located in the lowlands and floodp[ain, with tie-ins to the remainder of the neighborhood. In the center of the land is the village at Stone Creek with consistent street frontage patterns and landscaped courtyards that will follow in the tradition of nearby towns such as Fincastle, and design guidelines require timeless construction tradition that can be found in much older Virginia towns. This village is designed as a scene visible to the Blue Ridge Parkway. Virginia highland towns, such as Meadows of Dan, provided a similar visual experience for the Parkway visitor. To the south of the Village at Stone Creek is Richard's llllood at the wood's edge and across the dell is Beech Cove. Out of primary view of the Blue Ridge Parkway, these are inwardly-focused toward Muse's Dell. The remainder of the site is divided into 33 single family lots and one lot containing a stormwater management facility which range in size from ~/~to ~ acre. These are sited in the rear of the field and the woods, in the distant view of the Parkway. They also are designed to be compatible with adjacent lands uses to the north and west, 2 WQLF CREEK MASTERPLAN & DESIGN GUIDELINES PROJECT LOCATION 1111o1f Creek is loratPd in the Pastern half of Roanoke County, E5 yards off of the Blue Ridge Parkway motor road, and ~/~ mile north of Virginia Route ~4. The property is one mile east of Vinton, seven miles east of downtown Roanoke and Interstate 58~ . .,... r; k ~ 4ti d., )`.. y'. ~~ ;~ th,y i .......'r. ~ ~`'...~ , ~ft~ YF y. 't^. ~~. ~ S 4 '` ~.~~.~~ .~1.. I1 ~....;' .., ' ~i,. ,. 'y , ~: 3~, k ~~~•, M WOLF CREEK MASTERPLAN & DESIGN GUIDELINES DESIGN PROCESS Critical to the success of this prnjPct is building of consensus toward a solution acceptable to the National Park Service, Roanoke County, Town of Vinton, and adjacent land owners. Realizing the irr~portance of consensus-building, the partners of Wolf Creek, Inc. the project's developer, helped to fund the three day workshop entitled "Partnership Planning for lands adjacent to the Blue Ridge Parkway," held January ~5~ X1,1995 at the Vinton V1lar Memorial. This workshop, coordinated by the Coalition for the Blue Ridge Parkway, brought together people of various disciplines from the Coalition, land owners, Roanoke County staff and board members, aprivate-sector planning team, and staff from the Blue Ridge Parkway. The purpose of the workshop was to create designs and reach consensus on infrastructure issues that face several proposed developments in the Roanoke Valley adjacent to the Blue Ridge Parkway. The workshop included a series of intense design sessions and presentationlcritiques to the collective audience. 4 Design V1lorkshop: A series of work sessions and presentations WQLF CREEK MASTERPLAN & DESIGN GUIDELINES The ~rorkshop format allowed expertise groups to farm. Gary Johnson, Chief of Resource Planning and Professional Services, and llllil) Qrr, Park Landscape Architect with the Blue Ridge Parkway, drew an analysis map of the Wolf Creek property, showing the critical viewsheds and ii ~e resources that were most important to protect. This is below. Two site-specific guidelines emerged that are important for the property. The lanes can be split at the entrance, providing quality sense-of-place with landscaping and signage for residents, while ameliorating the view of the entrance as seen from the Parkway. A second objective is to create "Landscape Protection Zones," or LPZs, along the rear property lines and along roadways. These zones utilize the existing tree canopy to partiaily~ screen development scenes in layers parallel to the Parkway. ~~~~ ~: . ; Steve Musselwhite presented the workshop with his "Report to the Members of the Design Workshop of Lands Adjacent to the Blue Ridge Parkway in Roanoke County Virginia" on January 27. This report provided the basis for design guidelines and planning a carnmunity that is both consistent with the Blue Ridge Parkway guidelines and employs traditional building practices that are desirable in~ home-building today. --. ~ ,~ ~. ~~ `~ ,' ,. ~. 5 vtilaLF CREEK MASTERPLAN & DESIGN GUIDELINES Below: original drawing for the LPZ, later incorporated into Design Guidelines .~ wx w~w. ~... __. SENSE OF PLACE Wolf Creek is located in Virginia's Shenandoah Valley. Agrarian fields, pastures and meadows; barns, rail fences and stare walls; vital villages and towns -- all with the Blue Ridge and Alleghany mountains in the background -- create the Shenandoah Valley's unique sense of place, The Blue Ridge Parkway drops into the Valley only briefly over its 47o mile length. As described by the Parkway's founding landscape architect, Stanley Abbott, "these dips into valleys provide a few notes of staccato that enhance an otherwise melodious symphony" By incorporating the characteristics of the Valley's vernacular landscape into the design of vvolf Creek, the Valley's sense of place will be preserved and interpretable for visitors. Architectonic forms in the Valley include those reminiscent of mare traditional "old Virginia" building styles in contrast to the "pioneer" style used on the mountain tops. Although there is an attempt to be compatible with the Parkway, the Developer looks to Fincastle and Williamsburg for development comparables, and for examples of sense of place, 6 WOLF CREEK MASTERPLAN & DESIGN GUIDELINES FINCASTLE & WILLIAMSBURG Fincastle and vlliliiamsburg are models for the home and landscape structure types ofvvolf creek. Their vitality is in part due to their streetscapes which create a community oriented, pedestrian-friendly and highly functional environment. The major design elements which contribute to the success of these towns are 1 }the linear town pattern, 2~ the high density of buildings which create the street's edge, and 3~ the courtyard and park spaces woven into the residential fabric. The consistency of details such as gateways, roof slopes and cornices create a rhythm, giving each developed area a unique sense of place. TIMELESS BUILDING ELEMENTS These photos depict the character desired for the homes ofvllolf Creek. The village sections, Viiiage at Stone Creek, Rockbridge, and Beech Cove, may be the most controlled architecturally, and exhibit these qualities most thoroughly, 7 IIVULF CREEK MASTERPLAN & DESIGN GUIDELINES SITE AND SITUATION WATER, VEGETATl~N AND WILDLIFE There are 4.77 acres of the site in the flood plain, These areas are in the two swales on the property. (n addition to its safety hazard, the floodpiain lands provide for a diversity of wildlife, Although these areas of the site have been grazed, the lowlands have the greatest potential far wetlands habitats. A few specimen sycamore and beech trees are in the lowlands. Upland mixed vegetation forest, consisting of oaks, poplar, beech, and mature maple and Virginia pine covers ~0.7o acres of the site, Several urge groupings of mountain laurel indicate the woods have been undisturbed for some time. Meadow makes up X7,45 acres of the site. There is very little tree coverage in the meadow except for a few clumps of locust, These may indicate outcroppings which are difficult to mow and graze. The Natural Heritage Survey indicates no endangered species are known to exist on the property. HISTQRlG RESOURCES There are no documented historic resources on the site, An old farmhouse exists off of Laurel Glen Lane, including outbuildings and old pump. None of the artifacts are substantial, and they will be razed as part of construction. UTILITIES Both public water and sewer, applied~for through the Town of Vinton, are proposed for this development. Sewer requires an off site extension, which will cross under the Blue Ridge Parkway and tie into the existing sewer interceptor at Stonebridge subdivision in the Town of Vinton. An 8" sewer line is proposed. An 8" water line will supply both domestic and fire protection needs. This will be placed off of an existing 6" line on Laurel Glen Rand. Both sewer and water lines will meet the standards of both Town of Vinton and Roanoke County, A larger set of sewer and water plans will accompanythe site plan submittal. With the completion of the Nations! Park Service environmental assessment, it is predicted these services can be in place by spring ~ 99~ and will serve the houses as soon as the first phase is finished construction, summer of ~ 996. 8 WULF CREEK MASTERP~.AN ~ DES1~N GUf RELINES g~oe~,tri~.L~'SI5 •~''~ , ` :. `~, ~Sw~ ° f ~~ °~f .r`, ~ , a rte' 1 j f ~~ ) a ` }1t+r: ~ '~ ~. '~ , 1 ,L''~~r ~ ~` r ~s---f ` +•r,~7~v` 1t f ~ ~ 5~' r Cis r~' ~~~ `~x...,...~-~~''~r•• 1, ,,Y~ ~ r /, ' ! t sJ ! .~ _ !C. ~p~ .' ,tip /r ~'1 . f ~ f ~l ~ ~ + +~ 1~ r ~ ~ ~ ~.~~ ~ /J~ fir x~f r~'~~~.` ~ ~ j x,11 ~'~ ` }~` •i (~ o` °'~.~ ~ ., •~ .ter Vim/ t ' `..1~ ~ { ti c' ~ ~~~) ~ ~ ~r~ ~~~~ ,fir .l• 1 ~ ~ . 4 ~ ~ `~ 4 ~~ ~ ~ ~ ~ [ air ~ ~ 1• ~ ~ 9 • .s ~ l ~ ~ !~ 11F ~+ "~ ^ .• 1 ,~ ' .< . ~~' ~ ~ • t jr Thy tfape ~a1}Yis g,}phittlly teptei.nis tF,n ~`ertical elcvr.tian ~h~i an the 38•tat sl[e. SEt{p~ ~ ~ "~ ~ 1 rate~,oriet rarigc~'om ~•5°/r, S•f 5°1~, 35.25'l~ Ord Z~'~ ~i u~. '~ht ~ttibu~~ahf~ k~sd fills betwu~n i al5't. 'Chc ~ntp illusUttts 1}rc tat~ge of s#apts by color ait~ ~ ~~htcst b~Eng~ tt~i3ene3t erttt end ~ 4 ~r' ~ ~, ~+ ~ ~~ the ~ukczt b~tGg the stceful. '1}~e cna]ortty of ih: ttte~e, 47.87 ~aei, falls i~tp tfic S•lSyt ttngt. ~ Rt3 OX~ ~OZf T3'I`~', ~i'IRGII'~IA 3.Z4 tact faD in~a the ~-S'r~ rxa~c; 4.ti taesfill imo the l~ Z~'f+ nagt.tnd ar>ly~.93 ur~t CaIl~ttlo tha 1 S'1~ tnd n1a: g WOLF CREEK MASTERPLAN & DESIGN GUIDELINES VIEWS From the site, the most significant views are to the west. The site is generally pitched to the west, and aver the Blue Ridge Parkway, the knolls of Vinton compose a foreground view, with downtown Roanoke in the middle ground, surrounded by the mountain bowl west of Salem. Houses and entrance roads will be oriented to take advantage of this view. 10 Above: View from the site: Mill Mountain visible in background. Above: Most critical view to the site from Blue Ridge Parkway overpass. U11~LF CREEK MASTERPLAN & DESIGN GUIDELINES INDIVIDUAL SITE RESOURCES The Map ~n the fnllr~i~ring page shoves some more detailed site resources of the ~"golf Creek site. ~IVhere engineering does not require changes, large groves of trees, rock outcroppings and mountain laurel thickets are resources to be preserved. The floodplains show land to be left permanently open.1111ith it's highly visible knobs, the existing field is to be preserved as a meadow, 1lvhere large trees ~>24" cal.} are required to be removed by retention and utility needs, 3" to 6" caliper trees will replace there to rapidly replace feeling of the dells. ~~ View of Muse's Dell -Specimen Canopy Trees o be preserved, fo fhe extent passible. Rocks ~o be preserved, o the extent possible, in center of Cul~de-sac. ~GLF GREEK MASTERPLAN & DESIGN GUIDELINES ~.',. 'S 1 T~ 1'{ j , 111 1\•w f .1 ti ~ ` t 1~ 1 f' ~ r ~ ~ ~ ~A ~,~3' ~.~~i4 T ` ~' ~.1. lS~yi 5 `~ ~ '' x~-~' :y~f"`~,~~ ~~~ro~pk~~x~ a.,~S~'~ ~~.K t~5~=r Goa ~ ~,1` ~" 1 a w i. l.' . 7 l rr r rY 1«Fr-F ~ ~r : ~! ~[^ rs-~i Lve ~! ti`"• ~ ~~tk„~ S ~ ° ' ~ ~ f~ ,l1 ',~••' . ~ •~z.~,~P~~~s`~r~~p~mi~t~:i~Jt1 ~~ ;k i ~ _ ~~r~ Es~,'C/ ~ f t ~ , 1t ' C r~ .t ~' u:~tt ~}.4 s~ ~ aal L ; • ~?'1:•."F~t~s.e , ~ _ \ / l '' . ~•• 'lt.5~7~~x ~ ~'.~•~,~~,, yA:~>R~ ;i-'~ ~ by . .r ~ C ei ~ ~ 1 ~ ~ '~ _, t~ . , l•. 1~,, r~~ .` i S rtt G l l r ~' r ~}~ 11~~ti \ ~ ~ S .~ - ~ ' `• f'r ":~ • ~ ~ ~ ICGIsf 1'~:14t1Lt71.~ ! ~ ~r ~~,ti, ~~' ~' 10 ~ • / 91fY ~'1-1ELb • 4 ' t~ f ;, ~ f a~,' G ~ n1ri~~srx~N,lt~r~t ~ ~ ~ !!~+ J<r ~ • .L ~-• 1' r `~ resat+uuttaau 1 i` .'r ', ~ ~~~ ' ~ rc~trtiw 1 \ ~ T . ~" ! . lit ~ ~, ,! ~ ~ ' 1 ~ I ~ r r ~ti ~ 1 ~ ~ /" ~ ~ SATE RESQURC~`5 <~~ /~ ' `f ~ '~~ ~~~C~~~ ~~~E~~ vuu RF~~.Np~CE COUN~`YI VIR~r~!ti;~ a ~G ~IIIaLF GREEK IVIASTERPLAN & DESIGN GUlDEL1NES LAND USE PLAN LAND USE The land use of Wolf Creek will be divided into four categories: ~ } Park lands, ~} Village homes Village at Stone Creek, Rockbridge and Beech Cove}, 3} Deck homes Richard`s Wood}, and 4} Single-Family homes along Walf Run and Wolf Grest. The park lands are located on the front of the property and in the floodplain dells. The village homes are in the center to north center of the property. Deck homes are south of Vllolf Run. Single family homes are located behind the fields and woods on the north and east sides of the property. ~ LAND US:E. :' AGR~AGE = 'DEYE~:OPMENT PERCENTAGE Single Family Homes (Wolf Run and Wolf Crest) 15.507 40.4 Village Homes (Village at Stone Creek, Beech Cove, 11.214 29.2 Rockbrid e) Deck Homes (Richard's Wood) 2.267 5.9 O en Space 6.203 16.2 VDOT Right-of-Way (Wolf Run and Wolf Crest) 3.193 8.3 Total Development Acreage 38.384 700.0 .~ ~.,. . ~ ,.~ .. ~~ i i ~ •.r lj ~ . .a' ti 5~. f! ~ • ~ ,~. r , 1 ti.h ~ ~ J'. ~{ ~w .l~NR~ '~1 ~~~ , MSS \ ~~'M Y 'TY 41 ~ ~~~ ~ f~.j1.Y~ ~ + ! ~ .rte E•J ~n ~ ~ • ~~5• ~ i r•l' ~+" ~ T ~ 1 , _ ~ ~ ~~ f r ~ ,. J e' ~• ,~ ~.. ti 1 yf ~ t, ,~ r ` ~ ~ ' ~ ~ ~ ~ L~ENl~ ~$~ el~llli,~~ ' '" ~ ~' t Y f ii ~~ P V~/ ' !+ . t `1' f r ~ ~ e,+ ~ ,*N~t~IAAti~+r rrQif~F~~. ~f 3~1.]~t~i,t~ 71 rq~ 4rlt~i~ t~r~~+4~ ~~it4t E ~3 WOLF CREED ~IASTERPLAN & DESIGN GUIDELINES MASTER PLAN Wolf Creek is designed as a series of neighborhoods responding to site conditions of the property. The neighborhoods .are Village at Stone Creek, Rockbridge, Richard's Wood, Beech Cove, Wolf Crest and Wolf Run. Each neighborhood is distinguished by housing type and roadway alignment. VILLAGE HOME NEIGHBGRHG4D~ Village at Stone Creek, Rockbridge and neighborhoods. Village homes are named arrangement that draws on the land use American development. Beech Cove are the three village home for their distinctive placement in an intimate patterns of European villages and colonial Itllodeled after ~IVilliamsburg dwellings, substantial houses ~165a min. sf} of 1 to ~ stories above grade are placed closely together and may have large blocks of common open space adjacent. In the case of colonial precedent, the open spaces were grazing and farmlands. In the case of Wolf Creek, these lands are dedicated park lands, wildflower meadows, and creekside walking trails. Each village home owns a small patio and has at least one reserved outdoor parking space in a driveway. Most village homes have two~car attached garages. Additional parking areas are provided far visitors. Common areas between homes are maintained by the homeowner's association, which also cares for exterior parking, private streets, sidewalks, and other commas areas and park lands, DECK HOME NEIGHBQRHQODS Richard's vvood is the development's deck home neighborhood. This area is designed to take advantage of the slopes facing Muse's dell on the southern property. Deck homes are designed to maximize the open land in common open space areas. The entire landscape of the deck home areas is maintained by the Richards UVood homeowner's association. A maximum of 15 buildable lots are permitted in Richard's'llVaod. SINGLE FAMILY NE~GHB4RHC~GD~ ~IVolf Run and Vllolf Crest end in cul-de-sacs, creating neighborhoods of single~family houses, Buyers may purchase lots in these areas and build their own houses. A set of design guidelines enforced by the Architectural Review Committee, will provide substantial influence and require that design concept and quality is maintained. 14 vv~LF CREEK MASTERPLAN & DESIGN GUIDELINES AGCESS Access to vllalf Run is from Mnuntain ~~iew Road ;State Route ~5? ~. From Mountain 1~'ie~v Road, a two lane boulevard, vvalf Run, becomes the development's main street along which turns can be made onto Jenny Lane and Stone Creek Path. vvolf Run then narrows to two lanes, and Ifvolf Crest is accessed before 1lvaif Run ends in a cul-de-sac. A second entrance to Beech Cove a village home section of the development is off of Laurel Glen Lane. To ensure the integrity of the above stated design concept, a set of guidelines will direct the design and development of the plan. The vvolf Creek Homeowner's Association will ensure that the guidelines are followed in addition to overseeing maintenance of the development's amenities. I~IARI~ET TARGET The mix of housing types, high amenity orientation and preservation of natural resources is intended to bring a variety of residents to the site. In addition to young families, it is anticipated that empty nesters and seniors will become site residents. PAR~C LANDS Qpen space park lands featuring a wildflower meadow, a gazebo, a picnic area, walking trails and landscaped areas will provide residents and visitors of vvalf Creek with the opportunity to enjoy the natural beauty of the Valley, The meadow is intended to be ultimately conveyed to the homeowners' assacia~ion. Maintenance of the open space areas will be through the homeowner's association. Streamside trails lead from the meadow with a loop trail far exercise to Muse's Dell, Amenities along the trails include benches, foot bridges, tree labels, and flower plantings. The open space park lands with trails will be semiprivate, in the care of the homeowner's association. The Amenities Plan on page ~ 6B shows the general location of trails and amenities. ~5 ~II~IJ~I1~ `~x01~~0~ ~ooG~u~ ~3,tl~s W0~'~dN30SWR1~~ldW ~IIdW-3 8 GatiZ bINIJ2ll/1 3~ON~1021 0 s~tis-ZLL {ass) ~x~~ 699DZX08'0'd S`~~N~III'7d-S~IOA~~`~~5-S~I~~I~I~ItI~ ova-rs :oN •w~o~ w ~bb~-tiLL {O~S1 ~3NOHd MS'3f1N3/1d N01318Wt~18 b99~ ~~~~ ~~~~~~~~~~ Y ~~Q~"'~~~ 6a0~ `9Aldt/f1a83~ °~1tlQ y ~ d4~~ ~~ B'~~~lG ~" 4~~~~ ~fpllap8.9, ~, ~ o ~, o Lo r ~ ~ W o • w ~ c~G¶ ESZF~ `~1 U_ '~' ~ w 4 B~ ~yG ~ pG• ~ r I- zzx~ °~1 ~~ 1' ~ ~ ~ ~ 0 o a o; "fad p,Q~ ~ Gt S r (n ~ 4~iU~0.] ~ ~ M ~` ~ ~ ` ~vz4 ~ 11 Z ~ ~ `` `• ~qT 6 W I ~ d ~ ~ ~` ~ ~ ~~ ~ W W E- "~ /~ ~~~ ~~`o- ~ W z "mid X R ~ ~ 1 ~z~ u~ ~•~ ~ L-~ ~ ~ J ~~ ~ ~ ~ `~ ~ ~ L ~Y~ ~ ~ D .~q~ N ~' '~ ~ ~ ~ ~, ~~~ ~ ~ r, ti r ~ `a ~~ ~~4- ' / Nam k~ ~~ ~ 1 ~N J ~ \ ,~ / ~ ~. ~~~ 7 / 1V,.7~` ` 4 1! _ C~1 ~ 1 ,~p 1 ~ v ~ ~~ ~ ~ 1 t ~ ~ '. ~ ~ Q ~ J ~ ~ ~.- t~~ l ~ ~ ~ ~ ~ ~ , ~, ati l ~ ~ ~ ~o~ \~~ ~~1, WO ca I ( ~ / ' ~ w~M ~ ~ ~ ~ Qo ~~ / r ~. ~ ~ ~ '~ E ' ~~, ~ ~"~o ,, \ a / ~ . ~ ~ .~ `~ ~ ! ` ~ / ~ J . 1 \ ~ ~ ~ ~~ ~ =~~ ~ ~/ c ~ ~ ~ ,-~ ~~ J ,. 2~ ~ i ~• "~ / / x ~ V~ i >~1~N '- /1 ~aa~ ~~ ~~ 4 ^ O f / R ,4~V"aN I /~ 0 z ,- ~ ~mm~ ~••• ~ b4 ~~, o ~ ~ ~~~ ~~a . ~ ~ ~ ~ ~ ~ N4 ~ cs~ ~ `~ qy~ r~ 1 ~! ,~ 1 ~~o 4~d ~ N ~~'] O ~ ~ ~ q~ ~ ~ N ti '-'~ ~ W 4 ~ W ~i ~'. ~ o c lye ~ ~ Q ~ ~ '~` a q ~ ly $ z `' , ~ ~ y a ° ~ R ~ ~ W O G 'n 4 m ~ ~ W ~ ~ ~ p ~ RW m U :') W ~ U 1 ~id•4}no~e~-~pxap90vfi ~ ~ ~ ~~~~a Cr n ~ ~- ~ ~ ~ ~ a v ~ I mc~ci r / ~ ~tim~~ ., ~~ ~ R 4~ ~ I I `~ ~ qa~~ ~ $ 3 ° 6d~~~ ~N~ LJ ~~ ~' ~ ~ ~~ ~!/J~' ~ VaM do 44~ ~7 ~' ~~"1' p ~ ~ qpq~ Nd, 4 ~~ 4`/ 4 .' N11 ~ N ~/ I~ ~ $ R N / 44. kal 4 'C qR ~~~ ~Q ° ~ O 4 g~ 6+~p'~OXa090v6\sua1090v6\p6S~\s6uinne~p\~M - ~I~I~`~IA `~~IO~I~O~ ,oo~ = „~ =a~eos W0~'~dN3aSW(11(~11bW ~~Ib`W-3 SlObZ bINI~~IA d~ONbO~ o s~~~-z« ~o~s> ~~~ 6~9oz xoa 'o~d ~~~~I~~Zd-S~OA~A~I~1S-S`~~~~II~~I~ ono-tis ,,oN ,Wwo~ r ~Gbb-bLL fObS) ~3NOHd MS'3(1N3/1b N01318Wb~8 b99b ~ ~ `.J~7~ V 1~V~~~ 1~~(T~inj~l~I 6p0~ `8l N~~aW V ~~,,..tt.7YY ~~ ~31'd0 ~, T~ ~ CaI Cd Ci ~'w. ~ ~ ~ I ,,..,,... g ~ ~ m C3 obi (~ ~ ~ ~ ~ o ~~ ~ ~ ~ ~~V Qq`~Q ~ ~O ~~ ~ ~ _" N N Q; N ~ ~ ~iP ~~ ~~~ a. i~ ~ ~ ~ ~ «a 4; ,~~ ,,,, > > :t: ~ ~ $ ~>~ }Id~G~nodel-ZdX~f~50b6 BMp'ZOXa050b6\~ue `~'' \090b6\b66~\s6uin~eap~~n~ 1111GLF CREEK NiASTERPL.AN & DESIGN GUIDELINES Beech Cove (lots and common area) Village 10 2.856 3.5 Richard's Wood Deck 15 2.267 6.6 Rockbrid e Village 10 2.354 4.2 Village at Stone Creek Village 28 6.004 4.7 Single Uvol~ Run, Vvo[fi Crest Family 33 15.507 ~.1 7~afaC B~1lalab~e Lofs 96 28.988 Nef Der~sify 3.3 P U B LIB RQAD llllol~ Run and Ilvo[~ Crest 3.193 :OPEN SPAS ~ PR ~RE~ Richard's ~11lood open Space 0.646 Rockbridge open Space 3.147 Parcel "B1" 1.987 Parce[ "B2" 0.423 ~ofaf Gper~ Space 6.243 Tofa~ DeyeCopmen~ Acreage 38.384 Gross Dense 2.5 17 ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ .. ~ ~ ~ ~ ~ ,. . ~ _ '~ ~ ~ ~ ~ ~ .~ ~p ~~ ~... ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~.C ~ ~~ ~ ~ C a„ ~ ~"" ~ ~ E~1Q •~, ~ ~ U~ '~ ~ ~ ~. ~~ „ {~? .. t~ ~ ~ o ~ ~ ~ ~..., r ~ ~ ~ ~ '~ ~ ~ ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ ~ ~ ~, .., C~ ~ ~ ~ ~ ~ ~ ~," ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ J ~ ~ vIIQLF CREEK MASTERPLAN & DESIGN GUIDELINES OPEN SPACE PLAN 1. Trails will be constructed in the approximate locations shown on the Amenity Map on page 16B. A wildflower meadow in the Rockbridge open space is adjacent to Mountain View Road. With an optional orchard at the rear of this area, it is maintained to appear as a part of the National Park. All trails are constructed of crushed gravel and are universally accessible. The land adjacent to the trail will be mowed more closely. ~. In Muse's Dell in the open space between wolf Run and Beech Cove, a picnic seating area Will be provided with two picnic tables and two park benches. 3. Trail amenities to be installed along the Richard's vvoodlBeech Cove trails include twa benches. Trail amenities to be installed along the trails included two benches, 1 to 2 foot bridges depending upon trail placement, 3-5 planting beds adjacent #o the walking trail measuring 4o sq ft each, tree labels for trees of significance by species placed adjacent to the walking trail, and trail signs located at trail entrances or intersections. 19 V11OLF CREEK MASTERPLAN & DESIGN GUIDELINES DESIGN GUIDELINES 1, Outline Statement Objective The Association Membership Levels Design Guidelines ll. Circulation Principles Guiding Circulation V~(oit Run -Entrance Area ~Nolf Run and V11oItGrest Village Streets Deck Home Streets and Parking Z1 ~2 lll. Vl~ol~ Creek Design Guidelines ~3 Village and Deck Homes Single Family Homes Setback and the Landscape Protection Zone IV. Landscape Guidelines Village Deck home Single Family Handscape Palette Plant Palette ~7 20 UUQLF CREEK MASTERPLAN & DESIGN GUIDELINES DESIGhI GUIDELINES OUTLINE STATEMENT L PROJECT D~SCFZf6~T1t~ ~b'e~e The objective of this project is to create a planned residential community that maximizes site resources and is visually compatible with the adjacent Biue Ridge Parkway. By using the local context of village, meadow and forest as the theme for the community's design; following environmentally sensitive development policies; and interpreting traditional town planning principles in innovative ways to meet the needs of today, vUolf Creek will provide a quality home atmosphere and beautiful setting for new development. A~s~ca~i~n All property owners at Ilvolf Creek are automatically members of vllolf Creek Homeowners Association, lnc. The members elect the Architectural Committee to resolve design and maintenance issues. Each year the committee can be composed of different members except for the master developer, who will be a member with majority voting power until the last lot is sold. The master developer may appoint another member in his place if he so chooses. The committee's primary function will be to review design proposals. Other responsibilities will include assessing annual dues far maintenance and upkeep of the property, determining the maintenance and capital improvement budget, and deciding community capital improvement and maintenance projects. l~lembershi Levels There will be different levels of membership in the Association, depending on type of home or lot purchased. Because ofthe different levels of maintenance required, there will be different levels of homeowner's association fee assessed to each type of unit. This will be more thoroughly discussed in the declaration of Codes, Covenants and Restrictions, developed during the fall, ~ 995. Design Guidelines The design guidelines are written with the intent to guide the development and maintenance of Ilvolf Creek. They are meant to establish the overall character of the community as well as to provide a springboard for the design process. All homes constructed in the singlewfamily section of vvolf Creek will be subject to review and approval of the Architectural Committee of the Wolf Creek Homeowners Association, lnc. These guidelines will indicate acceptable and unacceptable construction materials for the primary and related structures, site design and landscaping, These guidelines are not meant to cover all siteMspecific adaptations, nor should they be used as a substitute for common sense and in each case should be applied to better the objective, described above. The Architectural Review Committee shall review design solutions taking into consideration the overall quality ofthe design, materials, and colors to be used. 2~ Uv~LF CREEK MASTERPLAN & DESIGN GUIDELINES II. CIRCULATION PRI~CILE.~ ~~~.~l~lN~ CIR~:L1L~"IC~N The main entrance road should be distinct, with landscaped median. The traditional main street found in many Shenandoah Palley towns provides inspiration far the pillage Name plan. Wolf Run -Entrance Area The entrance area consists oftwo single lanes with a landscaped median. The sidewalk, along the eastern side of the entrance is setback from the curbs as topography allows. This road will be dedicated to pDQT. Maintenance for the road will be by VDGT, Maintenance for the landscape -both median and adjacent to the roadway ~ is proposed by the homeowner's association. Wolf Run and vllolf Crest The two-lane roads through the single-family parts of the PRD are dedicated to pD4T in 50' rights-of-way, These 30' roads will feature asphalt construction, lined with curb and gutter, Maintenance for these roads wil! be by pD~T. Village Streets Used as the main street in the village home areas of Village at Stone Creek, Rackbridge, and beech Cove, the asphalt road is constructed with curb and gutter. Except for pillage at Stone Creek, a 3' stamped concrete sidewalk or a brick sidewalk is placed behind the curb. A special paving surface will distinguish the entrance areas into these neighborhoods. Deck Home Streets and Parking Richards Wood is distinguished by a special entrance paving zone, and will have an ~ 8' wide street. This street will remain private, will have curb and gutter, and will have a stamped concrete sidewalk or a brick sidewalk an the side of the street toward hawses. Maintenance for sidewalks and private streets will be by the ~lomeowners' Association. ~~ ~a Cj ~..,~ ~. [~ Yaa.I +~+~II yvJ ~~ (~5y' liov.d ( . iYYYYYH I h ~ql I ~J ~ l Yom` ~ y y kd,1 ~IWYJ I kA I ... W tl r ~ i III' g g ' iYWR~ I ~ IC ~ ~.:, ~ I ~ . I I ~' qq pp p..x .. ! ~ V ~.. '~nne% ~ i I 'i ~' ~ 'i i I I ,,pper~ l,. I `#/ "W ~ fir' 44.r 4A ~ ' v .., i qJ T ( ~ I 1 ~~ . ~~ ' ',~ X ~ .~. ~+ ~ g e i ~ ~ ~--d ~ ~ it `~ ~ x id A+' d ,may J q ~" ~ ~s ~"a.A _ ~ ( ,'~wy~ ~,,, ~ ®, W~" ' ~ , ~ ( ~ SYM i 1~. IJI 4 }~I ~ iJ~ i Y / r . ~^^ L ( '~ '~f ~ ~ ;~ ~ .. 4 Y~'1 ~~ . .-.J I ~, ` ~"' ' ~' ` '~ .~ a!'a ~ ~1.d u''k ~ ~ J ~ ~' ~~ ^, ~, ~ ~y ~~ ;.~ lrrjj ~ J """'~ ^~^! dt'1. L.,4a. '~. L~ . ~.. y~ ~y k,~d ~~yy ~~ Wp„~ ~ I W/ i r WW1 ~ ~ ~ ~..- ~~ {t} ~ i~ ~ ~ ~, ~~ Imo. ~ ~ t~ I ~ ~ ' ~ ~ .. ~ ', ~ ~ ~~ , ~ q'~ C~J ~ ~. ~ , ~a °I3 ~ J ~, r1 ~° I~ {,~ ~ I w~ ~ ~ ~. b ~ ~ ~- ~ ~ } ^^ ~' ~ ~ I ~ ~ r a~~ Y ~. hJ d ~''y ,~ ~' ~) ° ~ FY 6 ~ 'I ~ NJ y ~ ~ ~ Y ~ f'p`q ...,r ~ , ~ ( ` ~ I~ ~ 6d ~ te Y IC ~ ~ ' I '~ 4~ '4' ,rr~, 'V ~ '-`' y hL~ ~ '~ S'" 4' °' R~~ ~ `~J ~ r : ~ '4YI ~`i'~ I h~7 y„'r ~ V +~ _ .... f ...... .. ~~• .... .. ......... ~~ fy i ~, U"1 J ~1 C _ ~I ~ LJ .{.,i r~ ry I ~~ ~ 6. ~ ~ ~+y ~ f .~i, ~! ~ ~~ ~ ---- ~ ~-x ~ ~ ~ ay Y ti4~i ~ I ~k' ~ .. ~.,. ~~ ~.,.. ~,~, '~.~ l ~~ } ~ ~~ ~~,~ ~ ~~ p y , ~YY , ..W. L p I ~ ~~ ~ . ~., L... ~ ~~+y 4~ P "tea ~ LW. ~ ,i;~~ ~~',~ ~~~w, ,;:°~ ~~«~.,, ~~s i T ~i< K., ~_. I '4„r~ ~,,, N ~l.<.. ~~`~k ~. 9;',„ F k., ~~; ~;~~ ~~ ~,,:s <, ~~~ ~~.;: ~;, ~" ~_~ i ~~,.~ I ~,:, f~~k. i ~~~ ~.C;~~ k ~~ ITl ~~~~, ,~mm ~,"' p f `gip h,.. ~.,,~ ~"f1 w~ a '~~z,~ ,. . I ~' i 4 i 7 ~. ~''. I` "F~ I"`" ~+ y^'~t~, 9.,.I i i ..r,i I f 4 J f'_'i 4~, i"lil _C ~. ,'. ~ l r-+ y_r i~,a i _~: - ~1 ~ - _ L:~ i i' ~'. ] . i ~ _. i i ~~J ~~ ~~ ~,_ ,~ ~ l _ . ~~ry~ A'l~ iii ~. r. i"; .... _ 1f..., V ~i r" ~~ ~ I I I;,~a G ~W, I`ll I ,~k l',.'~,. i',,;~ ~I ~. it +,. ~ I ~,~ iC'/' ~. . lr ~~ ,~ ~, ~; m i i '' ~. 4~:I,I: 4,:~A' r, ,;T ~ ,,~";ta I ~,_. 4 ,..I ~~~ ~ I I ~~J ~'.„;~ ~ ~ ~,ya a~yw, ,, ~ F ~_.I', I i ~.,a ~ L . " ~~ i ~ ~ '~~a~ ~.~~ i. ,J '~.f„ a ~t a }, P 1 ~ °~~ ~~,~ C; ~r r, pb, .. f~i ~~ l `, f:~ ~~~-~ il'~u k,e'p ~' ~: „~~ri ~",`~ x~~.. ~~''u ~'` ~~.; ~;,~+. ,~„~ r,*~; ~~ ~, 4 I ~ {~n, ~ T'" ~~ ' ~~u ~.„a ~„ °~,_ ~ '~~ ' ~ ~ l: ~~`~~ ~~''~ .~ i j ~:M .hr4'P ~., ' K ~~,: ,. ~~~;~ ~~.~ ~i x,,,,, t r ~~ ,~ ~ ~, F µt ~ k.µ ' ~, ~~a i ,r,,v ro. i;~ ~ ~. ,~ I ~. '~, .. ~.~ I~~ n , ~r~'a ! ~~ ~i I ~, ~!'~~ ~,a r~ ,~ ~,~ I ~+ ~~_w ~_ ,'~ ~' ~~, ~_ rte ~ ~ d;~ ~ ~~ i~ ~ I ~. L~. Sl; j i ,~ lip ~•. '~~ ~ ~ ~ ice; r, ~. r~ ~~ ~: ~ , ~+°~ t : is ,,, ~~ ~ r.: _,. ~~ r. fl I '.~ - ~~ i ;~ W i x ';~'V 4'~i !~ ~.~"k f,~~ ,~ ta.V ~~. ~. k ~ ~W ~ ~~~ ~ ~~i ~' ~,~I _ I i ";laP ~, ~~ ~ ;_~, h F ~a ~.a ', ~_ ~'~ ' Ala 1,~~ ~~~ 4,~ ~. i,~~. ~ i ~ ~r ~ I i „ P~ a 'I ~ ~ „~.~ i add' I m ~. i ~~ ~ ~~ ~~'' ;I i ~ti~ ~. ~, Er- ~. ] i L} l 1 rip ~y r, ~, ~!~ -il ~Ti ~ ~i a~ . , yip ~ ~_ + I ~,.:+_ ~~ t~,~,~,. ... u l I i'. c. ~ c7 ~ ~ r,~ U I"C a , ~,~~ ~ _ Y wl,! 1: ; ~ ~.,' ~ ~~ ~, ~, - ~".;;~ x i ",. ~F;~ iii if7 vI~OLF CREEK MASTERPLAN & DESIGN GUIDELINES wolf Run and wolf Crest Single-Family Homes SETBACK AND THE LANDSCAPE PR4TECT14N ZONE ~ . Houses will be set back 30' from the edge of ~~ght-of-way far public roads, ~ 0' for each side yard, and 25' from the rear yard. No site or landscape structures maybe built in the back 20' of rear yard. 2, Na tree with a diameter of aver 6" caliper shall be removed unless necessary far construction of the primary residence. l~irginia Pines and other hazard trees may be excluded from this rule. vlJhere possible, a tree survey with all 6" cal, and over trees denoted is required to be reviewed by the Architectural Review Committee and the Roanoke County planning staff prior to the issuance of a building permit. Trees which are so close to the house as to be compromised during construction or present a possible danger after construction despite careful and prudent construction activity, may be excluded from these requirements after review and approval of the Architectural Review Committee and county planning staff. ,~ ~..~ . ~,.A.~~..~3.~~,~~---.:.; Front setback - 30' ~. Driveway cut zone ~, ~!~[ ~~~ 'g~.rle!"'"n' E. ~; ,. ~~..... ~ ASF+IMCrisrr.......ww:kar.:f'./.:rs~'~ n"""'.° Y: R. *~.~~.. e S~deyard setback W ~ a .. ,~ .~ . ..: ~~~- ~ t ff t t ~~ - n l -~~-~ ~ ~ ouse cu zone o se rec a g e ~• ~ ~~ - f, ~, ...- ,.. -.. _, ... .-~ `' ~ ~ - 4 r 1 1 ~. ~. .. •w~w~r~;t~~;; . ~. .... ., . _.....~N N-.... ' is Rearyard setback - ~5' Landscape Protection { --- ~ ~S ~~NFn(.H Vk.i~w°'~t ni'ifti.Nwi.M J.Y'l_:~. ~ ~~i~l• 4ii+~Lf_...._.~~._..,-.-.~-.~ ..n. ... .. .:..-.... 3. Far those lots situated in the goods, no tree above 6" cal. will be removed in the front of the house between hawse and roadway, except for a swath the desired width for driveway paving, with as much as 3' allowed on each side beyond the edge of pavement. This shall be delineated on the tree survey, mentioned above. 26 VII~LF CREEK MASTERPLAN & DESIGN GUIDELINES IV. LANDSCAPE GUIDELINES The landscape of UVolf Creek is integral to its success. Each area composes part of the entire landscape of IIICoIf Creek. The planted motor courts and courtyards will provide quiet places for resting and relaxing outdoors. The landscape for the l~ea~ow will be of a more rural character to blend in with the countryside, and the Blue Ridge Parkway beyand. The ground plane materials shall be brick, stamped concrete made to look like brick, native stone, or brown pebble. Each orator court shall have a minimum of either ~ planting beds total minimum area ~ 4o s.f.} or two trees. Maintenance of these will be the responsibility o the homeowners association. Village Landscape Guidelines M~nr ~n~~rfs The ground plane materials shall be brick, stamped concrete made to look like brick, native stone ar brown pebble. Each orator court shall have a minimum of either ~ planting beds total minimum area = 40s.f.~ ar two trees. Maintenance of these will be the responsibility ofthe homeowners association. Pedestrian ~alkwa s Each public pedestrian walkway shall be punctuated with planting beds in areas that do not already feature natural amenities. An Arbor or trellis may be constructed in Beech Cove in the open space across from the entrance. Maintenance of these gill be the responsibility of the homeowners association. Front and Rear arils Areas for individual expression, there will be a small lot of land which accommodates each village home. Between the fence and the front door, for example, or between the back door and the street, each home has its own plaza, averaging X20 s.f., with adjacent areas for individual gardens, which is the responsibility of the individual homeowner to maintain. Fences, trails, trees, and plantings will be used to create spaces as well as to screen unsightly elements. Deck Home Landscape Guidelines In contrast to the wooded quality of the single-family lots and the cultivated quality of the village landscape, the landscape of Richard's Il~ood is designed to represent a wood's edge environment. Houses are perched to be exactly on the woods edge, with a meadow landscape in front and woodlands in back, Because of this unique and fragile concept, all maintenance in these neighborhoods beyand the building line is the responsibility of the homeowners association. Several boulders have been placed in a circular arrangement. The area within this circle will be planted with a flowering ground cover. Five flowering dogwood trees and five red maples gill be planted randomly between the boulders and gazebo. Ten azalea bushes will be planted on each side of the stone steps to be place from Jenny Lane to the gazebo and six butterfly bushes will be planted around the gazebo. Amonument-style 27 WGLF ~REEI~ MASTERPLAN & DESIGN GJIDELINES sign identifying Richard's Wood with landscaping surrounding it shall be installed at the intersection of Wolf Run and Jenny Lane(at the 2301 Jenny Lane lot). Boulders will be used aesthetically throughout the property, or will be removed fro~~n the property. ~ARDSCAPE PALETTE Fences in the Deck home, Single~family neighborhoods and the Meadow may be compatible with Blue Ridge Parkway Design Guidelines. Fences in the village, when outw of--view of the Parkway, will be more detailed, inspired by mare local precedent ~pickets~. Rai[ing~ may be made ofwaod or dark color steel. V11~a~1s may be constructed of brick, decorative concrete black, or field stone and mortar or dry-laid. The field stone may set in an uncoursed roughly squared pattern as below. Right: Picket Fence for Village 3 Board Fence forVillage r .a ;r; f. 3{i ) ~ {S{ ~ iCf ~ ~ ,ptj ~C ~ 4y r ~ SS f $}r. kf ~/1 ~' '' tl 5 F ~ ~ ~ ~ ~ t ~~ = r ~ ka MA-.,la .~ sP 44 N-~ i Below: Meadow Fences; spiked rail and fieldstone wall Y.:.w < ..._.... ter. .;..... ....~.e ... r ~ R ..... _. ~ ...:. ~.. ...:._ .... r. •r:. :.:..::.. .. ~h ${}5 {i ..... { i ~ } ,. .. ..~ .~:..,.._....,~__e ..:...:....... ~~ { .. ,€ . ~ ~ _._..:. ~ F .. ... ~{ ~;.,~. ~. r ~ .. m~~ •' n. - ~~.~w..w +r «,. t a ~~ w.,.,..,; ~.~, w . ~°=--~ .:~ ,.~ t~~.~~, +.w~ ~~«.. e... ,, ,«.w..~.w.~M k ~ ~~ ~r '~.ww...w.`"i ~rnw.,,m,. - ~ ~.«.......~..w...~,-. V.... o. s ~. ,:: ~~- .,~A~....«,... '~ 4: ~ ..T ~ '~` ~~ ~ +~ w-'. . V WGLF GREEK I~ASTERPLAN & DESIGN GUIDELINES Signage Ililolf Greek development signs shall be of the monument type, those with their base can the ground. T he entrance demarcation will be incorporated into a wall. Signs shall include no more than three colors, and one ofthe colors will be from the palette o Blue Ridge Parkway signage colors. Train signage Shingle signs shall be made of woad and shall be left a natural color or can be painted with approved paint colors. They shat! measure a maximum of ~'x 4'. Should the use of bridges be required, they will be modeled on Blue Ridge Parkway precedent, far both vehicular and pedestrian bridges. Below is a concept study for a vehicular bridge over a creek, using a large precast culvert as the interior structure, and arched wingwalls typical on Blue Ridge Parkway bridges. The uncoursed, roughly-squared pattern of masonry will be used. PLANT PALETTE ;. ~~~~~~~~ :~ ~ .: < ~ ` . ~5 +3 { {~ ~.~ i ~ ~ ~ 1 , ~t~ :~ ~,. This plant palette is meant as a general guideline far the entire planned community. It consists of native plants to the Blue Ridge, with a few introduced species that have been in our region for centuries. Individual site variations occur that make some of these plants better candidates for selection. It is recommended that a Landscape Architect or Florticulturist be consul#ed to draw detailed planting designs. 1~'olf Run Entrance criteria: iar a rand gees L~rioder~dror~ tuliplfera F'agus grana~ifolia Plafar~~s occlder~~a~is Quercus rubra Quercus velutina (Tulip Poplar) (American Beech) (Sycamore) (Red Oak) (Black Oak) ~9 ..~r, ~.~~ ? .;, ,:,~f f ~.: p 'r a . r ; f ~~ ~.~: 7 r F . f:`F ' f I q ~ ' r ~ ~ ~ ~ . ~ ,~: ~ ~ ~ f } t' ~~ i ~ ` r y' 3 T ~. ~ E ,~ ., '~ ~ ~, ;~ r k , F }. WOLF GREEK MASTERPLAN & DESIGN GUIDELINES ~i(la e criteria: detailed and ~Iowerin gees ~1C~uiuaii?bar S~yractflua ~Uyssa sylva~ica Quercus coccir~ea Acer rubrum Cxydendrur~ arboretum Stewarfia ovata Corr~us Florida Cercis canader~sis amelancl~ier Canaderrsr's lulus & Pyrus species Hibiscus syriacus ~lagr~olia grar~diflora (American Sweetgum) (Black Gum) (Scarlet Oak) (Red Maple) (Sourwood) (Mountain Stewartia) (Flowering Dogwood) (Eastern Redbud) (Serviceberry) (Flowering crabapple, apple, & pear) (Rose-of-Sharon) (Southern Magnolia)' Decd homes crifieria: vuoods ed e Acer rubrurn axyderrdrum arboreum Stewan`ia ovala Cora us Florida Cercis Canadensis Amela~chier Car~ader~sis Pinus ecl~ir~ala ilex opaca Fraxit~us Americana Cedrus virgir~iar~a (Red Maple) (Sourwood) (Mountain Stewartia) (Flowering Dogwood) (Eastern Redbud) (Serviceberry) (Shortleaf Pine)* (American Holly) (American Ash) (Eastern Red Cedar) Sin le Famil Lnts criteria: cano naive gees Quercus aculissr~a Quercus falca~a Quercus laurifolia Quercus p1~e11os Lirioder~drarr lulipifera Fagus grar~difolia ~4cer saccharum ~yssa sylvatica Liquida~rbar slyraciflua Corpus florida Cercis car~adertsis Magnolia virgirriar~a Pla~anus occidenl`alis (Chestnut Oak) (Southern Red Oak) (Laurel Oak) {Willow Oak) (Tulip Poplar) (American Beech) (Sugar Maple) (Black Gum) (American Sweetgum) (Flowering Dogwood) (Eastern Redbud) (Sweetbay Magnolia) (Sycamore) 30 'WQLF CREED NASTERPLAN & DESIGN GUIDELINES Prcea abies Pir~us ecl~r'r~ala ilex opaca l~~ag~~olia gray -d-flo~ a Norway Spruce}~ ~Shartleaf Pine}~ American Roily} Southern ~flag~ olio} Ever reen shrubs far Court ands and Detailed S aces Kalmia lalifolia Ilex glabra Rl~adodendran catawbiense Rl~odadendrorr carolinia~ur~ (Mountain Laurel)* (Inkberry) (Catawba Rhododendron)* (Carolina Rhododendron) Deciduous shrubs for Court ards and Detailed 5 aces Ilex ver~icillala Arorrra arbulifolia Lit~dera berrzoir~ Clethra alrrifolia Rf~ododer~dror~ caler~dulaceurn Rhododer~dror~ irrdicum l~hododer~dron ausfrinur~ Sambucus car~adensis (Common Winterberry) (Red Chokeberry) (Spicebush) (Summersweet Clethra) (Flame Azalea) (Indica Azalea) (Karume Azalea) (American Elder) nonnative favorites to use occasional[ in our own ardent These are encouraged in the village outside ofiview of the Parkway Magr~alia saular~giana 14~agr~olia slellata Prur~c~s species Albizia Julibrissin ~l ydrar~gea arborescens Buxus sempervirens Maxus species Syringa ~/ulgaris (Saucer Magnolia) (star Manolia) (Flowering cherries) (Mimosa) (Hydrangea) (English Boxwood}* (English Yew) (Common Lilac) * good for screening 3~ s U v a ~ ~ v p aA ~, ~ ~, ~ _ c~ ~, > ~ +~ O _ _ ~ 01 X~ \ X ~ ~ ~ 0 ~ o Q ~ ~ ~ - ~ ~ °~ ~ ~ ~ ~ ~ ~ °~ ~ 0 N ~ ~ ~ 4J ~ v 01 ~ ~ N 01 OJ 0 ~ ~ N a 'a,o ~ a~ a~ '~ _v a~ a~ ~ a~ a _v a~ a~ ~ a~ 'L 0 N N _ 'L aJ N ~~ N N N N ~ 0 N O~ ~ ~ O ~ ~ Q v ~ ~ D ~ Q u ~ .-. ~ ~ OC Q 41 ~ ~ ~ ~ ~ ~ ~ N N ~ ~ Q ~ ~ ~ Ol ~ ~ CC O bA N N N ri ~ u1 N ~ ~ ~ N Q ~ ~ N 00 N 01 ~ N 00 I11 `~ N N N rl N N N N N N .-. Q N rl ~ ~ ~ Q1 l0 `~ OC ~ l]A ~ N rl a ~ ~ rl ~ N ~ N ~ ~ ~ p ,~ Q Ql Ol ~ ~ i ~ i ~ i l0 N ~ ~ ~ ~ N Ol ~ lD N N m ~ bA fY'1 (~'~ r-I c-I rl N N N rl (~'~ ('~ fYl Q ~ ~ N l0 ~ I~ ~ ~ ~ ~ N Ol ~ rl rl ~-- N Ill (`~ N N I11 00 Ill DO 00 I11 ~ N I,ll m bA ~ ~ ~ 3 ' ~ N Q 0 +~ ~ ~ ~ L ~ ~ v ~ ~ ~ ~ , V r~ Q ~ ~ 0 a~ L +~ ~ `~ v ~ v ~ U ~ ~ ~ v ~ ~ +~ +~ o ~ a~ ~ ~ L ~ _ v ~ ~ N N d p - ~ .Q L ~ v ~ a~ ~ p +~ o o ~ ~ ~ ~ ~ = 0 ~ s L ~ u] L ~ Q 0 ~ ~~ ~ ~ ~~ ~ ~ 3 v a~ ~ •~ v a~ ~ 3 ~ 0 3 u 0~ ~, u, ~ a ~ o ~ v ~ a ~ a ~~ L u ~ Lll ~~ ~ ~ 0 `~~ ~ f0 ~ ° ~ N QJ _ ~ N Vl 0 V1 0 ~ ._ L ~ u •- a~ 3 ~ ~ ~ ' 0 0 ~ ~ _ (~ ~ ~ ~ N ~ cn - ~ ~ ~ cn cn ' cn ~ u L V1 ~ 3 ~ ~ .~ ~, Q a .~ v ~, ~, ~ ~ 3 ~ c s = v ~ ~ ~ Q v a~ ~ °J ~ ~ ~ 3 ~ ~ ~ o o ~ ~ ~ N 0 ~ V1 (0 ~ ~ Vl ~ ~ 0 L ~ L ~ N ~ Vl ~ V) l~ 0 ~ ~ f6 ^ U °J ~~ ~ 3 ~ ~ ~ ~ ~ ~ ~ o ~ w ~Q N N~ N QJ ~ v X N N~ ~ N N N N N N E u E L N L ~ N U 0~ ~ ~ O ~ 0 ~ Q O Q Q ~ C ~ a--~ ~ ~ 0 ~ pp 0 ?~ N ~ 0 ~ N [ O L ~ V1 N 0 ~ ~ ~ ~ ~ ~ 0 ~ +~ L 0 ~ t ~ ~ ~ ~"~ ~ v ~ ~ ~ ~ L l~ , N +' OJ ~ ~ ~ o `~ ~ s N ~ 0 ~ ~ - 0 ~ ~ L i +~ ~ a ~ ~ ~ L U O _ ~ ~ ~ ~ N +~ 0 - ~ ~ ~ N ~ a ~ +~ ~ ~'- ~ u ~ ~ ~ u v ~ ~ c ~ u ~ ~ ~ v u ~ v ~ a~ ~ _ ~ ~ o ~ +~ •~, a~ ~ ~ v v ~ ~ o ~ ~, ~ ~ ~ o ~ ~ ~ 0 o o ~ ~~, ~ ~ ~ ~ ~ ~ Q ~ a--~ ~ Q L N ~..I L ~ ~ ~ a ~ ~ ~ ~ s ~, ~ ~u a~ ~ ~ v ~ ~ o 0 u p a~ " ~ ~ ~ a~ ° ~ ~ ~ a (n L ~ v ~, •L v ~ _ +~ ~ ~~, c 3 ~ r~ o~ ~ ~,> a~ _ a ~ ~ •~~ ~ ~ a~ ~°~ ~ a Q~ N ~ ~ u ~ ~ ~ L ~ U L ~ V1 3 3 (~ v l~ Q~ V Q~ ~~ v ~ 0~ In L O ~ O O Q~ L N u 01 0 ~ O p ~ .~ N ~ ~ N ~ N a~ ~ u u vl ~ 0 U cn cn 2 u a~ m m cn a u vl ~ U ~ vl ~ v ~ u H ,~ , _ _ _ _ _ _ 4J ~~ a1 ~ ~ ~ ~ 111 ~ 11l ~ u1 ~ I1l ~ ~ ~ ~ ~ j I11 ~ ~ ~ ~ ~ ~ j ° ~ a ~ ~ u s U v a v t ~ ~ U ~ C ~ 3 ~ ~ C _ C ~ ° ~ U ~ ~ C ~ f6 ~ ~ ~ u +~ - ~ '(6 (a 0 ~ 2 0 ~ '~ (~ ~ ~ Q v u v v ~ ~ ~ ~ ~ ~, ~ v ; ~ ~ L ~ ~ ~ o o m ~ o ~ v `" X °~ ~~~ c~ L ~ ~ ~ ^ ~ X °~ x °~ l~~ ~ ~~' ~~ v ~ u ~ X °~ I m ~ -- l~~~ ~ +~ +~ m of o° a _ v Q Q1 m o - - ~ v~ v v o v - " _ ~ v ~. v~ u~ o N 0 ~ C o ~ ~ ~ ~ ~ ~ c~ C ~ C ~ ~ ~ ~ v ~ ~ ~ ~ v (0 c~ ~ ~ ~~ ~ ~ ~ o ~m ~ ~ ~ `. a 'u,o v3~nmL 'r~ 'rw v_~ ~ v_+~~ +~ '~ v - vv vo~v c > 'L o o ~ ~ ~ 0 a~ ~mz L o ~ o _ ~ ._ a 3 ° _ ~n ~ ._ ~ ~ a ~ v v _ i o v o ~ ~ a ~ ~ ~ ~ p p a ~ uu o oc ~ a ~ ~ ~ ~ ~ r~ ~ ~ ~ v ~ ~ ~ v ~ O ~ bA o ~ ~ ~ ~ N ~ m m m ~ m N ~ Ill I1'l I1'l Ol I.f'l N I~ N Ol I~ `~ rl rl rl N rl N N N rl N v bA ~ N .-. ~ ~ m ~ ul O ~ ~ ~ Q u1 ~ lD N l0 ra a v L ~ ~ ~ . ~~~ o~ ~ ~~~ o~ ~ ~c~ ~ m ~ o v a ~ ~ N N lD ~ Ill N lD ~ l0 N In N ,} ~ ~ I11 cr1 ~ lD ~ lD N ~ rl ~ m ~ rl m v ~ m ~ l0 I~ m ~ lD Ql Lo N m ~ O ~ Ol ~ rl Ql N rl Ill N rl ~ rl Ill N N N ~ N N ~ v = 3 a~ ~ c ~ .3 0 ~ o ~ o ~ o +~ ' ~ a.., 0 ~ .u ~ v ~ ~ ~ ~.~, 3 a +~ 3 ~, ~ ~ ° 41 *' L v 0 U = ' (~ v ~ ~ ~ u v ~ c 3 ~n v 3 c = ~ ~ a ~ ~ ~ 3 ~ O o V u 3 ~ o ~ ~~ ~ ~~, c ~~ ~ ~~ ~ ~~ ~ ~ ~ o v ~ 3 ~~ ~, •- v ~ v ~ ~ ~ 3 ~-- ~ u ~ ~ _~n v L v ~ +~ ~ v~ ~' ~ ~~ `~ a~ ~ v 3 ~ 3 ~ ~3 ~ . ~~ ~~ ~° ~ ~ ~ ~0 3 ~~- ~~ ~~ v vv ~ vv ~ ~'~ ~ L v~' ~ vv _~ Q a--r ~--~ v~ Q v lY 0 ~ ~ v~ ~ a--~ ~~ Q a--i v~ ~ V v ~ / ~ C In ~ v ~ ° '~--~ v ~ 0 ' ~ ~ ~ L ~ u o t~ c v v +~ ~ ° ~ v ~ Q ~ ~ u v o ~ a ~ u ~, ~ ~ v v ~ v c ~ ~ ~ ~ ~ ~ ~ ~ U 3 U v u 3 ° ° o ~ ~ o 3 ~ ~ }I ~ ~~ ~ Al L > ~ v ~ v ~ ~ ~ ~ _ > s ~ +~ o o +~ ~ v o +~ v v U C ~ ° '+~ ~ U ~ v v ~ +~ ~_ ~ Q v ~ ~ ~[ - ~ ~ N C Q ~ ~ 3 ~ ~ ~' . ~ ° ~ = ~ 3 '~ ~ ~ v 3 `~ ~ ~ ~ ' ~ w c ~ ~ ~, n~ ~ ~ ~ - ~' a~ ~ ~ v a~ .c ~ `~ o v ~, ~ v v ~ ~ ~ `~ v v s v ~ ~ o o ~ a~ ~ ~ a ~ ~ a ~ ~ '~~ ~ oo '~ 3 a~ ~3 ~ v ~ +~ ~' ~v, ~ +~ ~ ~ ~ ° m 3 o ~ v ~~ ~ c ~ °~ v ~ 3 o .L ~ ~' ~ ~ ~~ L v v ~ 3 ~ ~ ~ ~' ~ ~ ~ ~ ~ o ~ s ~ ~ ~ o v ~v ~ ~ 0 o v ~ ~ u ~~ v v~ m ~~, ~ ~ D O ~ v a ~ U O+~ ~U +' v ~ U 4i ~ ~ ~ ~ ~ c ~ ~ ~ ~ v > a ~ ~~ o oc s ~--~ v a ~ ~' ~ ~ ~ L - •~ ~ ~ Q v~ +~ ~ L v v ~ ~ ~ L v v v v ~ a ~ v (~ ~a (0 ~ ~ L O "~~ f0 Q O v~~ (~ Q O ~~~ ~.,~ v ~--~ 3 ~u V1 ~ L • _ L O ~ L O L v ~ +~ v C ~ ~ ~ 01 ~ I p +-' X U ~ l~ o +' ~ ~ X~~ +~ ~ (~ X~ ~ L Q +-+ ~ ~~ a--+ ' p ~ 0 ~ v (~ ~ ~ O O ~ ~ ~ ~ ~ 0 ~ ~ ~ v ~ ~ (6 v ~ ~ ~ ~ 0 v ~ ' ~ ~ N a ~ 4A v~ C 'pA • ~ (0 v ~ v~~ m ~ v ~ v ~ v ~ v + -+ v + -+ v ~ ~' v a~ ~, ' ~ ~ a~ ~ ~' v ~ ~, • N + -+ a~ + -+ a~ ~ v 3 v ~ v v v ~' v ~ a U L o ~ L~ (Y a o ~~, v o v 0 v 0 v 0 v 0 v 0 ~ N 0 ~ ~, v o L ~ o ~ ~, v o v o v 4A z ~ ~~ 4A a ~~ o ~c a ~ ~ ~ ~ ~ r~ ~ ~ ~ l0 l0 ~ ~ ~ ~ ~ ~ Ol 4J ~ p ~ ~ N N N lD N lD lD l0 rl rl N ~ N ~ I.f'1 N 00 I11 ~ ~ N N N ~ N ~ ~ ~ 00 01 `~ N N c-I N N N N N N N N N N N N rl v bA ~ ~ .-. Q Q s ~ 00 OC .~ Q N d ~ ~ rl c-I rl rl N rl U p ~ ~ `~ 00 l0 00 00 01 O p L~ N ~ Q N m . N rl N N rl N N rl N Lf1 N l!1 m m ~ rl rl I,11 I,11 m ~ `~ lD ~ N O O DO ~ u1 ~ ~ ~ O ~ O 00 N N m u1 u1 N rl rl N N ~ ~ rl N v U d.J U bA f0 ~ f0 ~ !]A ~ ~ ~ ~ ~ ~ ~ G1 0 0 ~ , ~ ~ ~ ~ 0 0 ~ ~ u a"' ±' 3 3 '~-_~ cn C cn ~ v ~ ~ '~ ~ ~ ~' o ~- ~ r~ v `~ u ~ rU ~ U ~ U ~ ~ f0 ~, v s v s ~ ~, ,~ ~ 3~ 3~ o ~ ~, v ~, v s o ~ ~ ~ ~ v V v u v u ~ ~ cn ~ ~ C . - ~ . - ~ ~ ~ O ~ ~~ O ~ ~~ L a3 L ~ L ~ s ~ o s ~ ~ ~ o o ,~ ~ a 3 0 ° o ° ~ . ~ 3 ~ ~ ~ v L ~ ~ s ~ (D ~, L ~ C c~ f0 U (0 ~ L v1 Q ~ s ~ ~ o ~ f6 ~ _v s ~ ~ ~ ~ ~ •~ ~ ~ ~' ~ •- ~ to cn U ~' ~ U s ' p ~ ~ O C v L o ~ ~ ~ '3 3 v s v s qA ~ U •Q ° ~ ' o +~ ~ ~ ~ ~ ~ ~ c c~ o ~, ~ o ~_ • ~ ~ U ~ Q Q Q C - Q C 3 f6 f6 ~ ~ ~ f6 ~ (~ o L ~ ~C u _ 3 3 c ~ L ~ ~ ~ v c~ v L L v V1 .~ ~ N ~ ~ ~ ~ ~ ~ ~ • ~ ~ ~ ~' ~ ~ ~ ~ s ~ v ~ O 3 3 L ~ v O U ~ ~ ~ ~ _ (n ~ v ~ c v ~ o ~ ~ 3 • ~ ~ • ~ ~ L ~ to ° ~ ~ ~ 0 o - `~ Q a •~ v cn ~ ~ ~ ~ ~ L Vl ~ L V) ~ (~ 3 (6 ~ ~ v ~ U L ~ V1 L L v ~ s U 3o 0 0 , U v 'L L v ~ v~ ~ ~ v0 ~ 0 ~ ~ ~ ~ ~ L +~ ~ ~ v o 0 ~ L o 'v~ ~ ~ •~ ~ m~ ~ 2 n aoc a~ O m a a ~ ~ a > m a~ ~ c c .'~ ~ N m ~ u1 ~ n oo rn ~ ~ ~ ~ N ~ m ~ ~ ~ u1 ~ ~ ~ a oc b0A fD s ~--~ Q~ a Ql ~ O 0 ~ ~ ~ `~ +~ ~ ~'~ ~c m ~ c as °~~ ~ ~ ~'L"~ o ~ ~ `~ ~ 3~~ ,.., ~ ~ ~~ ~ ~ 0 ~ ~ C ~ ~ O O Q1 ~ O1 0 0 ~ N ~ '~n O~ ~ ~ ~ (6 c n ~ ~..i L N~ ~ 4A p ~ Q~ ~ ~ 0 - ~ Q~ ~ 0 ~ L 0 ~ 0 ~ ~ OJ a v~ '~ ~u~+~ a~> v ~~ a~ ~ ~ O~ (6 0~ 0 '~ O 0 Qu O QULa or'I o O~ o I ~~ ~ ~ ~ ~ ~ ra ~ u ~ ~ N N i L~ ~ Q1 O ~ Q N N N N O ~ ~ ~ N ~ N N 00 Q1 Q1 I~ N N N rl rl rl N N 4J bA N (~ ~ ~ rl Q a ~ a N m rl N ~ c-I ~ ~ ~ G ~ ~ ~ ~ i lD N N ~ N ,} ~ N rl N ~ ~ [~ m ~ 00 N N N N N N ,--. ,G +~ ,..~ U ~ ~ _ .L ~ ~ ~ 0 ~ ~ J ~ ~ ~ 0 }' .~ ~ ~ u ~ v ~ ~ L ~ j ~ O O 0 it ~ c ~' U ~' ~ 0 cn ~ ~ ~ ~ ~ O ~ +, ~ C ~ N 0 0 0 ~ C 0 Q O O ~~ ~ ; 0 - N u +-~ o ~ 'mo go o ~ ~ U) o to - 'I]A L ~~i ~ ~ u ~ a" ~ C Q~ ~ ~ > Vt 0 ~ ~ ~ > > ? o ~ > ~ c o a~ o ~, ~ a~ o V U ~ +~ U ~ ~ ~ U a ~ ~ ~, a ° ~ ~ ~ v m m m ~ ~ ~ m ~ a o 3 3 s u 0 0 m 0 ~ 0 0 > U ~ t O U U ~ ~ ~ U ~ ~- 0 m u 0 0 ~ L m C0 + ~ ~ ~ [ '~ > + ~ ~ u C ~' ~ O 0 U ~ ~ ~ ~ - Q O ~ 0 ~ ~ ~ O ~ ~ 000 0 ~ ~ Q C ' ~ U ~ ~ '~ ~ ~ ~ ~ O L ~ ~ V ' O L ~ L ~) L (~ • O ~ Q ~ ~ o ~ a c ~ ~ c o - 3 v o > ~~ ~ 'L L ~ v ~ ~' a~ a~ a~ a~ m uo c~ a~ = Q > O ~ ~ V ~ rl N m ~ u1 lot ~ m v ~ ~ a c~ +~ s `~ U r~ L Q 0 N 0 N a 0 ~~ a ~ ~ ~ ~ a~ ~ 0 ~ L L Q ~ Q GJ °o oc ~ m N Q N `~ N 4.1 bA .-. Q Q~ ~ ~ Q a ~ ~ ~i ~ 4~ N v ~ ~ Q ~ 4! ~ ~ N bA ~ C ~ ~ ~ 4! ~ 0 0 ~ ~ }' 0 ~' ~ - ~ r0 0 ~ U ~ ~ c~ ~ ~ 3 0 ~ ~° u° a C ~_ 0 O C ~ 0 ~ Q ~ C 0 ~_ a ~ ~ L3 v o m s ~ ~ { r '~~ A~~~~' ~~ end entered ~n~a ~ ~ da D ~ ~ ~ ~~~, ~ and a.o "L~ ~.~ ~,~ ~ ~T~n~.~. ~o~a~ian ~hee~~e~ "~~ ~e~"~, L~ C, ~1L~~T,''~, ~~., ~. 'tea o~~a~a~.~n ~erea~~er "cue o.~tants"~, aid en~~e ~e c~~.ec~~e~ ~den~~~d "~e~ea~e", '~" ~AT~ ~'~~ F .~AT~~~', ~~., a ~.a ~~~o~a~.~~. and "~ ~~ ~ C}11~~(~~ A.'~~', ~. n~~~~o~~a~ed A~s~~~aan, ~sa~d en~.~.es begin co~.ec~e~y "`fie .sa~,~ans"}. "~~~` ~~~~.A., off ~~, ~.ct o~~g~na ~ e~re~ae~ ~~ ~ro~e~~ ~aanoke oar ~ a.d ~den~ed as a~ peek and; ~~A, said ~~nn~~y ~r~.s ~ ~~aned ca~~.t v~~e ~an~.n was o~re~ed bar ~e dvc~n~et en~~~ed ~~ reed ~~ed ~~.i~, laic docn~.en~ way ~~~o~red a oanae ~~n~'s ~.,~ Manned ~~s~de.a1 deve~ope~t ~.19~ b~ ~~~d~e ~.~e~ .0~~~~.~ and mended ~, ~.~~ bar ~~d~nance ~~x~be~ ~~.~9~'~~., and; '~~E.~, a~ ~e~ ~dex~t~~k ~e de~e~op~e~t ~~ a ~~~~n o~ ~e p~~~~ect u~e~~ned ~~ ~e 'fanned ~es~de.a~ Ue~eopn~.ent rd~a~ce; ~a~d p~~~on e~ kna~vn as '~~ peek ~~.n, "off ~e~~ a.~.c~ ~ee~ u~re and.; ,~~,, a ~o~~c~n ~~ said p~~pe~ is c~~~ent~~ berg de~e~aed b ~c~e ~s~.~tantf ~c. ~~~~on ~ ~Cno~. as ~~a~d's ~~d a~.d; '~~A~, o gee has con~e~re the ~'eain~.n ~~~~~n o~ ~~ ~~raer ~~ ~~e~ en~.~s to be de~re~~ped and; ~~, ~e ,~soc~a~~~s have ~ee~ e~ab~~ed o~de~ a ~o~~de ~~e~nance ~~~ act ~f ~~ ~~~~.v~ ~~d~~~~Q~ aid; ~~~~~, c~~~a ~~ ~ a~rsen ~~~ the a~~e a~ ~o ~.e~,~r ~e~r~a ~~r.on a ~~ ~, ~ xe~, ~~~ o~, and ~iCa~d'~ ~o~d a~~ en de~r~~~d a~co~da.~~ ~'~ ~~ ap~~~v~d ~'~a~n,d ~.~~.~~.~.. D~~e~o~~.~ ~xd~nance aid; ~~E~, ~. ~a~~.~s av~ n~e~ed .~~ a ~~~~ ~~ 1en~~ n~~~.aon ~. ~ffar~ ~o ~~~~~~ ~.~e ~~s ar~~n ~ ~a~~'~~ and; ~~Ia~n ~~ ~'~anned ~~~den~.~.~ ~r~~p~n~ ~o~oa a ~~ ~~~~a~~s ~c~ ~ .n, ~~ ~~~, ~eec o~~ end ~~~.~d' and ~, ~~, 'fie a~~e ~~ t~ en~~~ ~~ ~.s ~een~.~ ~~ set ~o~ ~ ~~~r~ and ~~nd~an ~e~~ ~~ ~d ee~n~n and ~~~~~.~.on, ~i.c. ~~~n~ and eand~~.~n ~a~e been acce~~ed bar ~a. o~ ~~ en~.e b~ ~~r~p~ia~~ a~~i~n ~a~en ~ ~~~ ~~a~ Vic, ~. ~~anc~ r~ ~e ~a~a~o~ o~ ~ ~, r~ ~~~~, ~e~c a~~ and ~~~' and ind~.~a a~~va1 ~e~~ea~ b aj~~ a~ ~~ o~.e~ a ~~~ ~~~. aid ub~.~r~~~n excl~~~ ~ ~?e~~ap~~}~ ~~EA~, ~~.~ s~~.en and re~~~~.~n ~ ~ne~. ~~n e ada~~.an of ~. ~~idan~e ~ ~~ ~~.~d of up~~~~r ~~nd~n ~ ~ann~d ~s~den~.a~ ~D~e~op.~n~ ~dnce ~n~~~~~a~~a~ ~~ cans desc~xb here.. ~~, ~'~~~~~, ~~~ and ~ ~an~de~a~.on of ~. n~.~t~a~ o~renan~ aid A~~eeen~ ~e~e~n can~aed, ~~ ~aa~~.es ~.~~~~ d~ c~~nan~ and aye a ~~~ovv: ~. Upon e~ec~..~n o~ ~ e~n~ 'fie ~~~e~o~e~s ~.a~. dea~~ ~ s~.~m. a~ ,7a ~. ~~erh~~dt, ~'~~la~., ~a~k, ~~~~, a~c'w'e., Cat and er~~n, ~'~ ~o be .end ~~~~ ~r ~ bene~~~ of ~~ o~ ree~C a.ean.e~s ,~ac~ao; said ~d ~~ ~e aid ~a ~~ .~~. Aoe~a~.~n a c~e~na'~e~ set out, ~~ ~~~. exc~~a~ ~~ his ~~~.~, ~e ~e~rlopex had d~~~~ ~~ ~ ~~ ,~Q~ ~~ ~~e~ihod~, '~~~a~nan, ~~, ~~~~, axed, ~'o~~ and ea~~son, ~ t~ he ~~~~. ec~a far the hn~~rt ~~ the ~. acre ae ~e~ Aae~~~.a~; aid hd to be paid to tie ~a~d .~ac~a~.ar~ a here~.a~t~r ~~ ~~t~ L~pan ex~~.a~. a~ the Areeent, the e~re~o~er shad. de~a~~t '.e ~.rrt a~ ~.,a ~~ ~s~erhaudt, P~~a~., Batt, ~eche~, ~xe~., Yost .d ~~us~r~, ~'~ to he held ~sro far the her~e~~t of ~.~ ~u.n .~. ids to be ~ to 'fie a~ i order to address athe~ de~re~a~~ne~.~ ~ss~.es a ~ ~a.r~as ha~,e~vvners' a.ss~~~a~.ar ~a~ addressed ~ ~s .~.r~e~.~r~t. a~ re~C aid ~~e a~~t~ts ~~'~ a~reed to u~.nderta~ the 'ar hereiruter ~~ auk a.t s~~h ti..e ~s ~e ~res~dents of a~ reeC, R~.chard~ aad~ anal Bch Cage ~.~~ ~~. ,pp~~~red the ros~or~s ~ this ~.xe~r~er~t, dark to ~~ .r~.d~rtae~ b a~f ree~C end ~rc~e ~a~.star~ts is a. o~~s; A~. The e~re~a~~r shy Wit. .~ s~. a.d ~ad~~~ a~ the .te~sct~o~ ~ ~a' ~.n. ~.d erg' ~ar~e ~at the ~a~ ~e~~ `one fat}. B. e~er~l bo~.~ders have bey, placed . ~ ~~~ a~rae~ne~.t ~ ~e ap~~ space b~t~vee "a ~. ~. ~er~ ~a~~. '~~ eve~apers shad ~ta~~ ~~~. ~ apes. space: ~.. ~~e~ a~.~d a~re~; h. ~~~e ~~~ ~.aer.~ dog~-r~~d ~r~es . ~~~re ~~} red n~a.pe fees he gated ra~.da~ etee~. ~e had~r ~d the a~eba; c, tee. ~~.a} a~a~ea bashes to be ~~ted a eaeh side o the stns steps t~ be ~ta~led from ~e~.~r bane to ~~ a~eba; ~.d d, s ~~~ b~.t~er~,~r h~.shes to p~ar'tted grand the aa~ba The a~eba ~. ~ repa~xed and pasted, a.nd ec~~se the open space a~. the side ~ac~.~ ~unta~h~ View aadf I~, ~r~ta~ the trays and tea an~.e~.es. a. see the attached ~~ far tr~~ ~aca~.ans ~e~cc~~s~~re a~ the a.~ea ara~~.d e V~~.aes at to~.e ree~~ b. T1~a.~ ~.~e~es~ Tyra beaches ~~. add~t~an ~~ p~c.c area benches; c. o~.e to ~~ ~a~tbr~de deer~.d~. pay tray ~aceent; 3 d. 'wee ~ five ~~an. ~~d a.d~a~~n~ t~ ~ a~xt ~a~; e. fee ~ae~s ~~~ ~e~ o~ ~ ' 'cane b ~~e~~ ~~ad adjcn~ ~~ ~~ ~~~n 1~; ~. ~~. ~~ v~. ~~ ~aca~~d ~ ~n~xance~ o~ ~.r~ec~.ons. ~, ~~ and ~~n~ ~e ~~~n~c a~~ a fan ~'.~ ~'~ '~~ro ~~cc ~a~~e and ~ a~~ bnc~ ~ b~ ~n~a~.ed, ~a~I ~. ~~ aye ~an~d ~n~e~e s~de~ra ~~~a~e ~~~.~. en~ranc~ ~ea.~e a ~.a~rn on e a x~~~~ec acre ~znn~.~~ ~~~n~~na~ Sao t~ ' '~.eS an ~~, ,duo, P., dated 1b .uS~ ~.99~ and an~~nded xo .~' .~~~u~~ .99, . Inca. ~ ,chard's food ~d~~a~.c ~ ad~e~.t ho~n.~ con~c~ed and ~ pr~va~e goad entrance ~eaxe as shaman ~. t~.e ~'~.. ~. shy ~ con~~~e~ed i~.n dears o~ ~ ap~ro~a o~ e ~'~ ~~~.~ a.ndn~en~ ~~ .e onn.~y, , ~en~o~re ~ de~rxs ~ro~n ~av.e; e.o~e ~ ~c~ bad~r ~.~. an aes'~eca~. ~~eas~n ~as~.on. ~. ~ ~.~. ~ ~a.~. ~ o~rc~~oo~ and landcap~n .~ ae~ In tech ~Ve, ~~ brown e~~e space for ~ ~r~~a~e reads ~ ~~ec~. ogre, and ~.~ c~~ ~~xn ~., as pra~ided ~n the I~, ~ de~e~ae~s s~.a~ c~n~b~e ~e s~n~ o~ ~~a,~~D ~~ ~ o~ gee ~~~,~~~, ~eec ~~~ ~,4Q~} C~~s and ~~~ ~~~ ~~~,~~} ~~ ben~~~~ e ~T~~s, ~~nents ~a ~.~ ~~s shad placed ~ esc~o and bald ~a ~~ ~~ once ~.~ ~~ ~ no ~~.~ con~o~d ~ e De~e~op~~. span approval ~~ ~.e aba~re ~ ~e reIden ~ o~ rce~C, chard and and ~eec~~ dove, as ~~~ a~~. axa~ap~. 5, ~ Develap~rs shad proceed v~I~ ~~.b~ss~c~n a ~.e ca~~ ~e~~ acnd~nen~ ~ase~. .pan the p~readshee~ e~ ~ I~araraph ~} ~o ~~~ on~ss~on for ~~ cons~de~a~o~. and recan~.nenda~.a~. ~a ~~~ ~.~~. o~ u.per~r~sar and ~.~ea~er for conside~a~.on ~~ said changes b~ ~ aa~d of pe~•~r~sors. ~. The o~n~y s~a~~ shad prepare a ~°ah~et ~d~~ a~~ ~e~~ ca. ~~ b~ 4 ~.de ~o ~ ~'~~~~ ~dn~a~ I~e~r~~op~nen~ ~~ ~a~ a~ ~e~C, I~~~a~ds food and Beech ae ~eec~n ~.e ~~o~es and co~~~n~ ~~.~ ~ ~ De~reo~er~ d~~n c bore e~ out ~~~.~~~~, .d ~~~ead~ee~ ~a~ incor~or~e ~a.~ae ~eec~rx e ~~e~ns ~~~ ~or~ . a~a~r~ ~.~~~~ and a ~ ~xch .~~ upon ~o~p~en o s.d i~e~sf end co~n~~etion and ~~~o~ra~ o~ ~ ~ex~ an~.endn~.en~s ~ ~.e~e~na~~e~ ~~~ ~e ~ r~e~C ~' ~~, ~a~a.~ a o~ e~C, ~c~ds '~~~. and B~~c~. acre ~ eon~ened~ be deemed ~~ coxn~~nce ~ .e a~nr o~d~nnce. a~~o~ra~ ~~ ~~ ~ro~ ~~~ ~o~~ . pa~~ ~a~re ~~. ~~ conc~~~u.a~ e~ c~.ane ~ e~ ~~.~ ~.s parap, e ~~~~ope~ ~.1 ~~e~a~e dra~'~ ~~~~ ~.end~n~n~ based .~~~ ~ ~~eadsee~, ~e~.ec~.n ~.~ ~~o~es and co~~e.~ amide ~'~~ ~7eeo~er ~~ con~~~e~~ ~ a..en~~e ~ e a~~~o~r~d ~~dinance, and sa.~ s~.b~.~ tb.e ~ex~ a~nend~nen~s as a ~o~~~ ~..~~ ~o e '~ ~~n ~~ s.~. ~e~rie~ and a~pro~e ~e ~x ~~~~.~ ~o die Banned ~~dea.a1 I~~~~~on~.en~ p~~ox ~o s~.b~.s~~on ~o ~ ann~x~. o~.s~o~ and '~.e~ea~~e~ ~o~ ~o~dera~.on ~ Board ~~ ~e~~so~s, ~`.~ eve~aer sa, ~.~~ ~~e~ae and ~.~~.~ ~~ o~n ~ enaneer s~~e fans des~~.ed ~ ~.~~~~.t .~ anes ~~ ' coed ~. the s~~ec~s~e~~ and ~e ~~~t ~ne~.drnen. ~.~ ~o~.n ~a.ff sb.~. ~r~e~ sc~~due rnee~s ~vi~. ~es~dens o~ "~ ~~, ~Vo ~es~ .nd r~s~et o ~~ Cope and sad ~b~~ said ~~o~osed canes ~~ a~p~a~r~~ b~ De~e~o~~ ~ said ~es~den~s. ~ ~o~n~a~ ~ro~e a~ ~~ xes~de~~ sb.a. ~~ Caen and concu~~enc~ o ~ ~~e~d~nts s~.a~. ~~ o~~a~n~d ~ a .a~o~~ Brae. a ~~.~ox~ of the ~es~den ~ e~~e~ o~ ~~.n, ~ ~~e~, ~cb.a~° 'Food o~ eec~ Cope do not a~~~o~e ~~ ~ ~e~n of ~. A~xee~en~r ~~ ~3e~e~o~~~s bad res~~i~~ ~e ~~~.~ ~.~ nod e ob~.a.~on} o ~d~ra~r ro ~ ~A~ee.~n~. ~. `upon ap~•o~ra.10 ~ ~n~ed ~~ann~d e~den~.a~ `~e~e~o~ent fan by ~~ ~a~.~d ~~ ~pe~~v~so~~s, a ~iee sba~ ~ed~a~~~y unde~~ae s~~ps o ~~~ a~e~ con~o~ o ~~ ~V'o~ ~ee~C ~~m.eon~~ ,~soc~aon ~o ~~es~~.en~ ~ ~~~ ~~~.~.. ~'~. o°o~ of ~e 8~~~ ore an~eov~ne~ ~.~sa~a~on has p~e~r~o~~ ~~~. ~~ned o~re~ a ~ ~~~~~~.~~ ~ ~~~~ a`ve. 5 ~. ~ a~~ a ~~ ~.b~~a~. ~a ~e ~~ec aye ~o~a~e~ ~S~C~~.~~~., ~~. ss~c~a~ ~a ~~ ~~ ~a~~~ va~~ ~a ~~~e a peek ~ro~ a~~ .r~e~ 0~1~~~.a fax ~~~~.ce ~.n~~ a~ ~~.~ o~ ~e '~ a ~ a~~ i.p~a~e~~~~ ax a..e.e~ ~oca.~e~. ~~ ~eec~ a~r~ ~~.~~ ~~. ~.ase req~r~. ~a be ~.~e~~.e per. a ~~ .~~ ~~~d ~e~de.~.1 ~~r~a~~~ ~a~. ~, ~o .~.a~a of ~~ ,~,er~de~. ~'~ax~c ~~ ~e~apr.e~ ~'x~ aid C~~.an~~ ~. ~a~ ~~~.~~.~ ~a~e ~~ ~~ a~~, e Beech a~~ anea~nrn~rs ~.ac~.o~ .~ ~e ~Va~ ~~~~ ~a~ea~e~ A~soc~a~~.a ~ h~~ abase yet a~, ~.e n~. held ec~~ ~ ~]~~o~~, T'~~.~., ~~, ~~~SCb~~, ~a~c~nre~., ~'o~ ax~~. ~e~~.a~., PLC ~~.a~ be re1e~.e~ ~a ~~ ~e~ee~r~ .~~soc~ao ~d ~a ~ auk. ~~. a ~e a~~C ec~~~e~. above, e~~ ~a~ ~~e ~~, ~. ~e ~an~.e~.ce~ ~~ ~ ~.~r a~ ate .pparo~a~ a~ ~e ~e~ae~s' ~~. ~~ ~e a~ ~~, '~.~ e~e~ope~ ~ s~.hr~.~ ~.e p~a~s for ate. .~p~~ova~ ~~~ ~ ~~s a~ ~e aop~.a~. a~ ~.~ ~' ax~~~ a..e~e~~~ a~.d ~e ~ar~C ~, h~ can~~Xe ~~ 180 ~~ ~~ a~ ~~ra~r~, a~ 'fie e~e~o~ aa~s~~u~~.ar~ fan, .~~ ~~a~a~e~. ~.~~aa~ ~1~~ ~nu~~ be ub~,e~ ~a e a~~ fay re~~e a~~.d ~xo~val ~~~~or ~a ca~.enc~. a~ a~~, .~ o~~ ~er~o~~n.ed b ~.~ De~e~aa~~ w~ b~ ~ee.a~ ccep~e~ ~.e ~e Casty ~~ ~~~ e I~e~e~a~e~s a~x~'~e ~v~~~ ~ d.ay o~ ~e car~.~~ao~ o~ .~ ~or~C, ~.a, ~'~ ~~.~ .re~a a~e~ fat ~e ~a~r~a~s a~ ~ A~e~~.e ~.~a~a~a~e~. a s~~en~a~~ ~.~ ~s ~.~tu.a~r a.re~a~~e and. ~cep~ab~e ~a a of ~ pa~~e ~.ere~a a~.~ ~ ~a~t~e .ergo ~.~ ~r~a~ gx~e .~~, 'fie ter~~ h~,a~ ~~ acca~~~.s~.~d ~d all a~I~ ~e~~~x~ ~~.er ~ ~~.ende~. ~~e~. e~~c~en~.a. ~e~r~~a~~~t ~'~ ~ co.p~~~d, a~~ a~ 'fie page h~r~~a da he~e~y ~,~~e ~e a~.e~ ~~~~c~.~e ~ ~~a ~~~er ah~~a.~.o~.s rat a ~e ~Va Cre ~~a~.~d Rsze~~.~.~ ~re~a~~e~. Ca~u.r, 11. ~ gee a~. ~~rc~ a~u.~~~..~ ~~~ easy e ~~ aye cor~~~. o~ ap~~an~a~e~ 4.87 ac~~ ~a '~ Cow. ~~ deed x nxa~ ~raan o~ ~~.~ ~~ee ~ ~ a~ a~1 encu.bx~.~ a~~e~ the ~~n~ o~.~ an~c~ed the ~.c~a~d' ~ITaad s~~.~, b~ no ~~.~~ ~~ June a, ~aD~ e ~n~en~zon. ~ ~. ~.n ~~ cane ~. x~~~~ a i.~ off' ~~e~ ~a~n~~~~"s .~so~~a~.on, .c. s~.a.ll ~~ ~~ons~'~~e ~~ a nan~~nan~~ a~ .e ~~ado, ~, ~~.~~ rah, ~~~r~ ~~e~~.~e ~ aye ~`~. j~~n ~ e e~~~~~.an a~ ~s a~~~n~.~n~ and p~a~r~de ~~~r pe~ana~ ~a~n~~~~ ~a~ ~.e can~.c~.an o ~ ~~~r ~n~~~re~n~n~ ~q~~d ~ .~ .~..~.~~. 'fanned ~e~d~n~.a~ ~~~e~a~~n~ ~1an. and as ~r~~~ ~d~n ' '~~ . the en~.nee~~ side ~~~ ~~epa~red ~e~~.~ed ~a~a~a~ ~, ~.~ ~~~1a~n annex; ~~~ ~a~~ ~e~ona~~r uxan~ee ~~ ean~.con a~ oe ~~r~a~ ~.~~~en ~r~.ch axe ~ ~e~an~b' '~ a~ ~c~e an~~an~ and ~~re ~~~~.~ ~.. Saxe To~~ e~ana~. uaran~ee ~. ~ans~nc~.~n a oe pi~'~~ca. i~~r~ve~nen' ~r~.~c~ axe ~.~ ~e~n.~' ' a'~ reek. N~~~e~~ane~. 'ra~~an~ ~.A} B~nd~n ~~~~~. ~~~ ~g~en~.er~~ shall be b~nd~n ion and ~nx~e ~a ~ ~enef~~ a~ ~.~ ~a~ities ~.~~~~~, and ~.~ ~respec.~e he~~s, ~~~" ~exsanal xe~resenta~~re~, ~.~ces~~• and ~.~~. ~B} a~~rex. `lure ~~ an~r pa he~e~.ndex ~o ~~s~ ~.~on ~~ e~a~e and of ~~ ~~~ ~tere~a shad. ~.~~ canoe a ~ra~v~r ~he~e~~. ~} n~re~n. ~a.v~; '~.~e. Thfs A~,ee~.en~ shall he ~~rened ~~ and can~rued ender the lames o~ the arn~n~nel~h ~~ ~~~.n~a, a ~e e~€tent per~~~ed ~~ lam" ~~ ~ax~e~ ~r~e~acably aee ~.~ ~~ there is cause far and l~aan and ar ad~ud~ca~an, such 1~~.a~~n and. a~ ad~~.d~caan shall acc~.r ~n the ~~~.~~ ours ~e~r~~n ~~~ aun a~ ~aanoke, o~n~nweal~h a~ V~r~n~a. 7 ~`~~ ~~d~n,. T~.e ~ra.~~p~. f ~e~.~g a.x ~ere~ d. f o~ eo~~rer~ece of ref~re~.e ~~.~ aid ~.. o~ e de~.~d ~o very the ~~.~~~. ~ ~ftis eer~.er~~ o~ ~o~e~~~s, .x~~.t, xe~~n~~~.~.a~~ ~ ~~~~s re ~t f orb or tf~ o of ~ ~a~.r~p~.. a~~~a~, ea.c ~o~.~~rar~ ~~~~1 ~ e fog all poi a~s~~~~~~. o~~a~ ~~ ~~ Ag~re~~. ~o~~. ~~ a~ co~r~ a~ con~e~er~ ~~~~~xc.on, den sup de~~~~.o. s~.a~~I o~ a.f fc~ a~.~r o~~r ~ro~ri~~o~ .~~~o~, a~. ~~ ~.~~ o~.e ~~~~o~~ f~a~~ r~~~n ~~. fu.~~ f ~~•ce and ~~f'e~~ ~~d ~~ ~ the ~~~~o~. ~~ ~ ~.e ~~.r~.e~ er~~o ~f~a~ .~ ~ro~r~~ior~ of ~~~~ .r~~~~n~ capab~~ of r~ ca~.~~~c~o, a ~~ ~.~c. ~v~~~. ~~~.~ ~.~ ~ro~~~o~ pox and ~~ o'ter of h~c~ ou~~ re~.d~ 'fie ro~~s~o~ ~r~~, t~.er~ ~.~ ~ro~vi~o~. shad. .a~~ ~~ ~~~ rh~cf~ ~~.de~ ~t ~ra~. ~~ ~,d~r~a,~~d~, 7' ~~~.e~ con~a.i~ ~~ e~.~• er~~.~~ ~e~~~~ ~ ~ar~ ~.~~•e~~ ~~ r~s~ec~ ~ ~h f'~oe~ a.~d ~ ir~~end~~. ~~ b ~ ~~~~.~~ o a~. ~r~or ~~ ~o~~~~p~ae~~s .~~r~~, ~o~.dz~on, ox nd~~ ~e~ee. ~~ ~ar~.~ ~er~~~; and ~~SL r4 ~.+ ~rF~~W~~f ~,iy4R.y .~tw,L ;~~, ~~/F~~i.~~~4+f ~~~~~Li. A.1 ~-.~4LiJ, Y1' ~~;~~i+L~~, ~~ ~4~~LVW~~~~V ~iJ, oral ~~ r~~e~, ~~~ a~ ~~p~~~, ~~nr~~~. rid a~n ~~.~ pare ~.~r~~o ~~. ~•~pec~ ~~ ~e ~ro~e~• oar ~a~ ~ ford ~.e~e~.. ~~ cf~n~~s or .od~fi~a.~~.s ~ ~.~~ .r~~.~~ ~~~ ~e ~ra~~d ~.~ ~~~ sa.~ ~~ ~ ~~n aid s~.~~ ~ ~~~ ~ar~.es h~r~~o. ~~~ T~r.~~, ~ respe~~ to ~~~ .~ ~riods co~.~~~. ~.. ~~ .~x~~~~, ~~ ~~ exre~s~~ nd~r~oo~ ~~ ~~~ had ~~, ~ ~ of ~~.e es~~.~~. ~~} ~o~, ~~~. ~~~r e ~a~~ ~.~ fay ~~e ~rf o~.an~~ of any c~ req~.~~~d ~ per ~~~~~ ~~ ~ich~e~s ~~ ~~ ~~~~~~~~~ ~a~~ ~~~ ~~~~. a ~a. ~h~~h ~ o~ a ~s~~.es ~.a~, ~~. dale for ~ p~~fora~~ ~ ~.~~r ~~. ~ ~ha~ be ~~~~.~.~~. ~~ ~~ ~ .cce~d~~. 8 ~ ~~eee.~ ~~ e~~uted b~ ~.~.y p~ x~~o, ~~~~ ~a~. e Ti~~e ~~u~ra.ce o.a~, ~~. ugh ~.ae ~.a~, be ~.s~~~e .~ ~~e~'~~r~ ~~~e a ~ ~~~.~ ~ '~, ~.~~~n. ~~C} ~ o~~~ ~ ~a~~. ~ ~~rxo~i ~.i A~ee.a~ ~ ~~~~~c~ ~o .e a~~~o~ ~~ '~~ aard ~~ u~~~ia~r a~ ~~~~e ~~.~.~r. '~~~.~ a~~~o~a1 m.~~r occur ~.~ ~~.e ~. .~ C~~~.ina~~ n~a ~ ~'~a..~~d. ~xd~n.~. ~~e~a.~~.~ cox~~~~ia~. ~s ad~~,. ~ ~c~. C~r~~~.~ ~ ~~ a~o~~~., ~.~~ .~ ~~ee~n. i n~.~~ and. ~a~d, ~. ~~ ~o ~~~~c~. ~ '~"~N ~~~', ~ ar~.~s her~~o ~.a~re ~xec.~~d ~~s ~.~e~~nt '~.~ ~,a~ and, a~ ~~rt abo~~ ~~en. ~C~ ~" ~r~a orpo~~~.o~. ~~ ~~ r i.f• ~~ ~~ ~~~~ ~Y: T' ~a ~~. ~~ ~ 11 ~o ., ~_<d{~~~dg -~:"^:^~ ~ ~~ &~ 7~V~e ~r~~,~ ~~ N~Yf ~ ~I U ~~r,~l~~~,~~~~wG it u~,~,d~~ ~ rr ~t i{b4 !~ i w h~ ,: ~ ., '' ~ r '~ u ~•~ m ~~ ., ~ ~; ` I I I, ~! I I f ~ ° ' , ~y ~ ~~ ~ ~ ~ ~ ~' ~ I I „, ~I f ~ ~ ~ V~ ~ I ~;~ u ., ,, .~ ~ n i ~ ~ r r, ~, ~ .. ~ ~ ~ ~ ~ ~ ~ i I I' ~ , , ; ~ I ~, ~ i ~ ~ ~ I ~f ~ I I ., I i l~; ~ ~ _ , i ~~ q 'i l i I , ~ q pl i, ~, ~,~u~ ~ ~ ~~ ~ ~ I ~ .,.. ~~ ~ ~ ~. ~ i ~ ,! ~ ~`t i ,, IC ~ ~ ~" . ~, ~ ., ~ ~ ~ t ~ F'i i F ~,r ~ n ~I ~~ ~ ' % W ~ i! ~! ~ III ~~ ~ ~ i{, ~,E fi ~ k, ,ilr. I N .. ,. '~°~° e ~ e ~' .~ ,~ ,~ ~,~ ~. ~, ~ ,_ i u q t i ~ ~ ~ .. I IG ~ ~ ~ i m w ,., M. I. ~ ~ , aY i, t~~, I ~ ~ ~ ' 4' ~ ~i: ~ , f i~ ~ I ~~ i I,i. ., ~. -, ~ ~ i ,, q W i "'i ~ .~ ~ i 4P AN kF C~O~t~~l~ O~ ~~~C~OCZE DEPARTMENTOF COMMUNITY DEVELQPMENT DIRECTOR, ARNOLD COVEY DEPUTY DIRECTOR OF DEVELOPMENT SERVICES, TAREK MONEIR DEPUTY DIRECTOR OF PLANNING, PHILIP THOMPSON COUNTY ENGINEER, GEORGE W. SIMPSON, III, P.E. BUILDING COMMISSIONER, JOEL S. BAKER, CBO February 23, 2409 Dear Property Owner; BUILDING PERMITS DEVELOPMENT REVIEW ENGINEERING INSPECTIONS MAPPINGIGIS STORMINATER MANAGEMENT TRANSPORTATION An application was filed with the Roanoke County Community Development Department by Wolf Creek, Inc. in duly, 2407, to amend the planned residential development requirements far Wolf Creek which includes the neighborhoods of Wolf Run, Wolf Crest, Beech Cove, Richard's Waod, Village at Stone Creek and Rockbridge. The developers of these neighborhoods and County staff have been working with Wolf Creek residents since that time to determine the remaining amenities to be installed within the development. The original application was recently updated and includes a draft amended'~Volf Creek Master Plan and Design Guidelines which is the document that governs the Walf Creek development. The applicants, Wolf Creek, Inc., Circle C Consultants, Inc., Wolf Creek Homeowners Association, Inc., Front Street Construction, Inc., and Old Towne Development, LLC, are prepared to move forward with the updated application and a community meeting has been scheduled for March 4ti' at 7:00 p.m, in the William Byrd Middle School Auditorium. The community meeting is sponsored by the applicants for consideration of their application for amendments to the Wolf Creek Planned Residential Development, as provided for in settlement agreements with Roanoke County, The mailing of this notice and the community meeting does not signify support for, endorsement of, or judge the merits of this application by Roanoke County. The application, draft amended Wolf Creek Master Plan and Design Guidelines, other related materials and meeting information are available for you to view at www,roanokecountyva. og_vlp~Jwolfcreek, The application is also available for review in the Community Development Department, Community Meeting Date; Wednesday, March 4tl', 2009 Time: 7:00 p.m. Location; William Byrd Middle School Auditorium 2910 Washington Avenue, Vinton The Planning Commission and the Board of Supervisors will hold ajoint work session on the application and each group will also hold public hearings, Information on these meetings is as follows; P.O. B4X 29800 • ROANOKE, VIRGINIA 24018 • PHONE ~540~ 772-2080 • FAX ~540~ 772-2108 Recycled Paper Joint Work Session with the Planning Commission and Board of Supervisors Date: Tuesday, March l7th, 2009 Time: 6;00 p,m, Location; Fourth Floor Training Room, Roanoke County Administration Center 5204 Bernard Drive Planning Commission Public Hearing Date: Tuesday, April 7th, 2009 Time: 7:00 p,m, Location: First Floor Board Meeting Room, Roanoke County Administration Center 5204 Bernard Drive Board of Supervisors Public Hearing Date: Tuesday, Apri128t", 2009 Time: 7:00 p.m. Location: First Floor Board Meeting Room, Roanoke County Administration Center 5204 Bernard Drive if you have questions please contact me by email at incronise roanokecoun va, ov or by phone at X540} 7722068 extension 282, or David Holladay by email at dhollada roanokecoun va, ov or by phone at X540} 772-208 extension 227. Sincerely, ~~` ~ Megan , Cronise, AZCP Principal Planner ARTICLE III. DISTRICT REGULATIONS Page 1 of 6 SEC. 30-47. PRD PLANNED RESIDENTIAL DEVELOPMENT DISTRICT. Sec. 30-47-1. Purpose. (A) The purpose of this district is to provide for the development of planned residential communities that incorporate a variety of housing options as well as certain limited commercial and office uses designed to serve the inhabitants of the district. This district is intended to allow greater flexibility than is generally possible under conventional zoning district regulations by encouraging ingenuity, imagination and high quality design to create a superior living environment for the residents of the planned community. Incorporation of significant areas of open space is a primary component of these provisions as a means to maintain critical natural and cultural resources. This is balanced with development at densities which compensate, or in certain situations reward with bonuses, for maintenance of these resources. The PRD district is particularly appropriate for parcels which contain a number of constraints to conventional development. In addition to an improved quality of design, the PRD district creates an opportunity to reflect changes in the technology of land development, provide opportunities for new approaches to home ownership, and provide for an efficient use of land which can result in reduced development costs. Sec. 30-47-2. Permitted Uses. (A) The following uses are permitted in the planned residential development district. However, no use shall be permitted except in conformity with the uses specifically included in the final master plan approved pursuant to section 30-47-5. 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 Multi-family Dwelling Residential Human Care Facility Single-Family Dwelling, Attached Single-Family Dwelling, Detached Townhouse Two Family Dwelling 2. Civic Uses Community Recreation 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 httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 ARTICLE III. DISTRICT REGULATIONS Utility Services, Minor 3. Office Uses General Office Medical Office 4. Commercial Uses Convenience Store Gasoline Station Personal Services Restaurant, General 5. Miscellaneous Uses Amateur Radio Tower Page 2 of 6 (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. (Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-47-3. Site Development Regulations. (A) Each planned residential development shall be subject to the following site development standards. 1. Reserved. 2. Maximum gross density: 5 dwelling units per acre, excluding any density bonuses provided for below. 3. Minimum common open space and/or recreational areas:15 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 facilities such as, but not limited to, bikeways, exercise trails, tot lots, gazebos, picnic tables, etc. c. Common open space shall not include proposed street rights-of-way, 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. 5. Open space bonus: For each additional 5 percent of open space the maximum gross density specified in (A)2. above shall be increased 2.5 dwelling units per acre. The maximum open space bonus shall be 25 percent. 6. A 7.5 percent bonus to the gross density may be approved by the administrator when a historic site will be preserved and maintained as an integral part of the development proposal. The historic site must be included in the County Historic Resources Inventory and meet one of the following: a. The historic site shall be listed on the Virginia Landmarks Register and the National Register of Historic Places; httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 ARTICLE III. DISTRICT REGULATIONS Page 3 of 6 b. The historic site shall have been determined to be eligible for listing on the registers cited in a. above by the State Review Board for Historic Preservation; or, c. The historic site shall have been officially designated by the board of supervisors as having county or local significance. 7. Maximum area for commercial andlor office uses: 10 percent of the gross area of the PRD. In addition, the following standards shall apply: a. Commercial and office uses shall be expressly designed for the service and convenience of the PRD; b. Commercial and office uses shall be screened and landscaped so as to be compatible with adjoining residences; c. Construction of commercial and office uses shall not begin until 25 percent of the residential units of the total PRD have been completed. 8. Minimum setback requirements shall be specifically established during the review and approval of the Master Plan. The following guidelines shall be used in establishing the building spacing and setbacks: a. Building spacing shall provide privacy within each dwelling unit; b. Building spacing shall ensure that each room has adequate light and air; c. Areas between buildings used as service yards, storage of trash, or other utilitarian purposes should be designed so as to be compatible with adjoining dwellings; d. Building spacing and design shall provide privacy for outdoor activity areas (patios, decks, etc.) associated with individual dwelling units. 9. Streets in the PRD district may be public in accordance with VDOT and county standards or may be private. In reviewing the PRD preliminary master plan, the commission may recommend, and the board may approve, one or more private streets within the proposed district. (Ord. No. 042799-11, § 2, 4-27-99) Sec. 30-47-4. Relationship to Existing Development Regulations. (A) All zoning regulations shall apply to the development of the PRD, unless modified in the approval of the final master plan. 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. This information shall be accompanied by graphic and written information, 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: 1. A legal description and plat showing the site boundaries, and existing street lines, lot lines, and easements. 2. Existing zoning, land use and ownership of each parcel proposed for the district. httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 ARTICLE III. DISTRICT REGULATIONS Page 4 of 6 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 specific manmade and natural characteristics located 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 shall be included. 9. Generalized statements pertaining to architectural and community design guidelines shall be submitted in sufficient detail to provide information on building designs, orientations, styles, lighting plans, etc. 10. A development schedule indicating the location, extent and sequence of proposed development. Specific information on development of the open space, recreational areas, and non-residential uses shall be included. (C) The completed rezoning application and supporting preliminary master plan materials shall be submitted to the planning commission for review and analysis. The commission shall review this information and make a report of its findings to the board of supervisors. The commission shall as part of its review hold a public hearing pursuant to section 15.2-2204 of the Code of Virginia, as amended. The proposed district shall be posted with signs indicating the date and time of the commission public hearing. (D) The commission shall make a report of its findings to the board of supervisors within 90 days of the receipt of the materials, unless the applicant requests, or agrees to an extension of this time frame. The commission's report shall recommend approval, approval with modifications, or disapproval of the preliminary master plan. Failure of the commission to make a report of its findings to the board of supervisors within this period shall constitute a commission recommendation of approval. (E) If the commission recommends denial of the preliminary master plan, or approval with modification, the applicant shall, if requested, have 60 days to make any modifications. If the applicant desires to make any modifications to the preliminary master plan, the board of supervisor's review and action shall be delayed until such changes are made and submitted for review. (F) 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 PRD. Once approved by the board of supervisors, the administrator shall authorize the revisions to the official zoning map to indicate the establishment of the PRD district. (Ord. No. 042799-11, § 1 a., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 ARTICLE III. DISTRICT REGULATIONS Page 5 of 6 Sec. 30-47-6. 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 30-47-5. Major revisions include, but are not limited to changes such as: 1. Any increase in the density of the development; 2. Substantial change in circulation or access; 3. Substantial change in the mixture of dwelling unit types included in the project; 4. Substantial changes in grading or utility provisions; 5. Substantial changes in the mixture of land uses or an increase in the amount of land devoted to non-residential purposes; 6. Reduction in the approved open space, landscaping or buffering; 7. Substantial change in architectural or site design features of the development; 8. Any other change that the administrator finds is a major divergence from the approved final master plan. (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 30 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. (Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-47-7. Approval of Preliminary and Final Site 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 entitledLand Development Procedures, available in the department of community development. (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 shall 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 property included in the Final Master Plan is in common ownership. (Ord. No. 042799-11, § 1 d., 4-27-99) 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 httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 ARTICLE III. DISTRICT REGULATIONS Page 6 of 6 constitute an application 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 construction of all of the common open space and public and recreational facilities shown on the final development plan must proceed at the same rate as the construction of dwelling units. If the administrator finds that the development schedule has not been followed, no permits, except for the above mentioned facilities, shall be issued until the developer complies with the development schedule, unless the developer has provided a performance bond or similar instrument to guarantee that such common open space andlor public and recreational facilities will be provided for at a specific date. Sec. 30-47-10. Existing Planned Unit Developments. (A) Any planned unit development approved under procedures in force before the effective date of this ordinance shall be designated as Planned Residential Development Districts and shall be governed by requirements or restrictions applicable at the time of their approval. httpa/library4.municode.com/default-test/DocView/12222/1/120/123 4/1/2009 AT A REGULAR MEETING GF ~f HE BGARD GF SUPERVISGRS GF RGANOKE CGUNTY, VIRGINIA, HELD AT THE RGANGKE CGLINTY ADMINISTRA`fIGN CENTER, TUESDAY, APRIL 28, 2009 ORDINANCE AMENDING THE PLANNED RESIDEN'~IAL DEVELOPMENT MASTER PLAN FGR VIIGLF CREEK, V1~HICH MEASURES 38.384 ACRES AND INCLUDES THE CGMMUNII'IES QF VIrGLF RUN, V11GLF CREST, BEECH COVE, RICHARD'S VIrGGD, VILLAGE AT STONE CREEK AND R4CKBRIDGE, VINTGN MAGISTERIAL DISTRICT, UP4NTHEAPPLICATIGNGFIN4LFCREEK, INC.,CIRCLE C CGNSULTANTS, INC., WQLF CREEK HGMEGVI~NER'S ASSGCIATI4N, INC., FRQNT STREET C4NSTRUCTIGN, INC., AND GLD T4VIrNE DEVELQPMENT, LLC WHEREAS, the first reading of this ordinance was held on March 24, 2009, and the second reading and public hearing were held April 2$, 2009; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on thus matter on April 1, 2009; and WHEREAS, legal notice and advertisement has been provided as required bylaw. BE IT GRDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. `that the zoning classi~fica~kion of a certain tract of real estate containing approximately 38.384 acres, as described herein, and located at the intersection of Mountain View Road and Wolf Run (Tax Map Numbers attached as Exhibit A) in the Vinton Magisterial District, is hereby amended asset out in the Wolf Creek Master Plan titled "A Rezoning Application: Plar~riing and Design Documents for Wolf Creek Planned Community, County of Roanoke, Virginia, Roanoke County's First Planned Residential Development ~PRD}"updated through March 31, 2009, attached hereto as Exhibit B. 1 2. That this action is taken upon the application of Vl~olf Creek, Inc,, Circle C Consultants, Inc., UVolf Creek Homeowners Association, Inc., Front Street Construction, Inc., and Dld Towne Development, LLC. 3. That the owners of the property have voluntarily proffered in writing the above-mentioned amended conditions which are set out in Exhibit B and which the Board of Supervisors of Roanoke County, Virginia, hereby accepts. 4. That said real estate is moref~~illydescribed on the legaldescription attached hereto as Exhibit C. 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 ordinancebe, andthesame herebyare, repealed. The Zoning Administratorisdirectedto amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. 2 AFFECTED PROPERTIES `fhe followEng is a lis# of #hose parcels o~ real proper#y which are sub~ec# to #his rezon~n re ues#. 9 q TAX MAP N0. 05 0.04-04-26, 00-0 00 0 050.04-04-25.00-0000 0 5 0.0 4- 04-24.0 0- 0 0 0 0 050.04-04-0 8. oo-oaoo 050.04-03-13.00-0000 050.04-04-09.000000 050.04-04-10.00-0 000 050.04-04-01.00-0000 050.04-04-06.00-0000 050.04-08~O1.00-0000 050, 040 8-0 3.00-0000 050,04-08-OS.00~0000 050.04-08-10.00-0000 050.04-03-15.00-0000 050.04-03-11.00-0000 050.04-0805.00-0000 050,04-0819,00-0000 050,04-08-04.00-0000 050, 04-OS-12.00-0000 050.04-08-02.00-0000 050.o4~oa-13.00-oaoo 05x.04-08-03.00-0000 05004-08-18.00-0000 050,04-os-14,00-0000 050,04-08-~ 5.oo-oaoo 050,04-os-16,oo~oooa 050.04-03-13.00-0000 050.04-04-01.00-0000 050.x4-o9-0 ~ . oo-oaoo 050.04-09-02.00-000 0 TAX SAP ~4. 050.04-09-12.00-0000 050.04-09-03.00-0000 050.04-09-05,00-0000 050.04-09-09.00-0000 050.04-09-08,00-0000 050,04-09-01.00-0000 0 50.04-09 ~ 11.00-0 000 050, 04-03.73.0 ~ -00 00 050.04-09-13.00-0000 050,04-05-01.00-0000 05 0.04-05-12.01-0 0 0 0 050.0404-35,00-OQ00 050.04-04.34.000000 050.04-04-18.00-0000 050.04-04-19.00-0000 050.04-04-31.00-000 0 054.04-04-30.40-0000 050.04-04-29.00-0000 050.04-04.28-00-0000 050.04-04-27.00-0000 050.04-04-32.00-oao 0 050, 04-04-33.00-0000 050,0404-36,00-0000 050. o4-a4-37.00-0000 050. a4-o6~73, 06-0000 050.04-06-73,05-0000 050, a4-o6-73.04-oaoo 050.04-06-73.03-0000 050.0404-23. o o-oaoo 050.04-04-22.00-000 0 TAX MAP N0. 050.04-04-21.00-0000 050.04-04-20,00-0000 0 5 0.04-04-11.0 0-0000 0 50.04-04-12.00-0 0 0 0 050.04-04-13.00-0000 050,04-04-15.000000 050.04-04-05.00-0000 050, 04-08-06.00-0000 050, 04-04-04.00-0000 050.04-04-03.00-0000 050, 04-04-02, 00-0000 050.04-08-01,00-0000 050.04-O1~04,00-0000 050.04-O1-05.00-0000 050.04-O1-06.00-0000 050.04-O1-11.00-0000 o5o.a4~o7-09. oo~oooo 050.04-07-03.000000 a5o.o4-0~-o2.oa~oooo 050.04-07-01.00-0000 050,04-07-07.00-oaoo 050.04-03-14.00-0000 0 5 0.04-0 5-0 9. o o-o 0 o a 050.04-o5-oaoo-oooa 050.04-05~10.0o-oooa 050.04-05-01.00-0000 050.04-05-05.00-0000 050.04-05-03.00-0000 050.04-05-02.00-0000 Exhibit A -Tax Map Numbers A REZONING APPLICATION: PLANNING AND DESIGN DOCUMENTS FOR WOLF CREEK PLANIV~D COMMUNITY COUNTY OF ROANOKE, VIRGINIA ROANOKE COUNTY'S FIRST PLANNED RESIDENTIAL DEVELOPMENT (PRD) VIr~LF CREEK, INC., ~VI~NER & DEVELOPER HILL STUDIO, P.C., PLANNER & LANDSCAPE ARCHITECT JUNE 23,1995 UPDATED SEPTEMBER 13,1995 LIPDATED SEPTEMBER 29,1995 UPDATED ~CT~BER 11,1995 UPDATING INCQRP~RATING ENE-YEAR REVIEVII & APPROVALS DECEMBER 01, 2001 UPDATED FEBRUARY 6, 2009 LIPDATED MARCH 31, 2009 Exhibit B -Amended Conditions -March 31, 2009 LEGAL Address of Sub'ect Pro ert ; THE INTERSECTION OF MOUNTAIN VIE11~ ROAD AND U~1OLF RUN Applicant's Name: WOLF CREEK, INC. LEGAL DESCRIPTION All that certain parcel of land situate in the County of Roanoke, Virginia: BEGINNING at corner #1, said point located on the northerly right-of-way of Virginia Secondary Route #651, said point also being the southeasterly corner of Lot 1, Section 1, Falling Creek Estates APB 12, page 1l0}; thence leaving Route #651 and with Section 1, Falling Creek Estates, N, 14 deg. 41' 52" E. 1D43.D4 feet to corner #2, said point located on the southerly boundary of Section 3, Falling Creek Estates APB 9, page l1}; thence continuing with Section 3, Falling Creek Estates, N. 6l deg. 14' 2D" E. 119.21 feet to corner #3, said point located on the westerly side of Section 5, Falling Creek Estates APB 9, page 146}; thence continuing with Section 5, Falling Creek Estates, S. 16 deg. 54' 06" E. 491.10 feet to corner #4; thence with the new boundary lines of Lot 6 for the following three courses comprising the southerly portion ~f Lot 6, Section 5, Falling Creek Estates, S. 89 deg. 15' 46" VIA. 20,00 feet to corner #5; thence S. 16 deg. 42' 90" E. 224.60 feet to corner #6; thence N. l3 deg. 05' 54" E, 20.00 feet to corner #l, said point located on 'the original Lot 6 boundary line; thence continuing with the southerly boundary of Lot 6, 5,16 deg, 54' 06" E. 312.03 feet to corner #8, said point being the northwesterly corner of Cindy F. Ross property; thence leaving Lot 6 and with Ross S. 16 deg, 54' 06" E. 514.98 feet to corner #9, said point located on the northerly right-of-way of Laurel Glen Lane, said point also being the southwesterly corner of property of Cindy F. Ross DDB 1316, page 943}; thence leaving Ross and with Laurel Glen Lane for the following three courses, S. 66 deg. 2S' 05" 11V. 203,12 feet to corner #10; thence S. 4l deg. 43' 04" W. 29.58 feet to corner #11; thence S. 63 deg. 22' 10" Uti1.111.14 feet; thence S. 26 deg. 3l' 50" E. 30 feet; thence S. 63 deg, 22' 10" vv. 231.88 feet; thence N. 26 deg. 3l' 50" W, 30,00 feet to corner #12; thence leaving Laurel Glen Lane and with Virginia Secondary Route 651 for the following four courses: thence with a curve to the left which said curve is defined by a delta angle of 13 deg. 05' 55", a radius of 511.31 feet, a chord of 131,11 feet and bearing N. l5 deg.1 S' 09" w, to corner #13; thence with a curve to the right which said curve is defined by a delta angle of 2l deg.1 S' 49", a radius of q~S1.91 feet, a chord of 221.14 feet, and bearing N. 6S deg. 11` 43" w, to corner #14; thence N. 4l deg. 52' 4l" w. 362.91 feet to corner #15; thence N. 49 deg, 26' 32" w, 2D2,61 feet to corner #1, the place of beginning and containing 3S.3S4 acres. Exhibit C -Legal Description I t ~- I PETITIONER: Foxhall Properties, LLC CASE NUMBER: 1-22009 Board of Supervisors Consent 1St Reading Date: February 10, 2009 Planning Commission Hearing Date: February 3, 2009 Board of Supervisors Hearing & 2nd Reading Date: April 28, 2009 1Nithdrawn by Petitioner A, REQUEST To rezone 12.231 acres from I-1, Low Intensity Industrial District, to I-2CS, High Intensity Industrial District with Conditions and Special Use Permit, for the purpose of operating an asphalt plant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District B, CITIZEN COMMENTS The petition generated significant attendance at the public hearing. The meeting room was full to capacity, and audiolvisual presentations were available in three areas of the fourth floor. In total, 362 citizens attended the meeting, The vast majority of the citizens attending were opposed to the petition, as were the majority of those who spoke during the public hearing. Of the 47 citizens that spoke at the public hearing, 43 voiced their opposition. Those citizens in opposition voiced the following concerns: air pollution, odor, dust, noise, truck traffic, precedent set by rezoning to I-2, proximity to residences, schools and n~.,irsing homes, improper development, impacts to property values, visual impacts from nearby homes, carcinogenic chemicals, uncertain information about air modeling. Those in support of the petition cited support of the comprehensive plan, support of the petitioner, and experience living near the petitioner's existing facility. C. SUMMARY OF COMMISSION DISCUSSION Mr. Radford announced at the beginning of the public hearing that he would abstain from participating in the hearing to avoid possible appearance of a conflict of interest, due to his employment with English Construction Company. Mr. Holladay presented the staff report. Ms. Hooker asked for clarification about communications with Fire and Rescue staff, and which suggested conditions related to citizen concerns. Mr. McNeil asked about the purpose of the I-2 zoning district. Mr. Jarrell asked about diesel fuel storage and dust control measures proposed. Ms, Goodlatte, counsel for the petitioner, presented the request, and included presentations from an air quality and permitting specialist, and middle school principal. Ms. Hooker asked for clarification about operating asphalt trucks on Interstate 81, construction of screening berms, landscaping, school bus traffic, signa~ge, and nighttime operations. Mr. McNeil asked if a traffic signal would be constructed at the entrance. Following the public hearing, IVIr. Azar inquired about noise levels and LEED certification. Mr. Jarrell asked for clarificationsbout diesel fuel storage, truck traffic, and the future of the Adams asphalt plant in north Roanoke County. Ms. Hooker asked about truck traffic in relationship to plant output. Mr. McNeil asked for clarification about use of recycled asphalt, and the proximity of residential properties. Prior to making a motion, Ms. Hooker commented on industrial uses on the north side of U.S.111460, and that the proposed use is not the type of industry for a gateway main street. Ms. Hooker commented on the re-use of the buildings and site, and potential LEED certification. D. C~NDI1'I~NS Proffered conditions for rezoning: 1. In addition to the uses currently permitted in the I-1, Low Intensity Industrial District, only the following additional uses shall be permitted on the property: a. Asphalt Plant; b. Construction Yard associated with the asphalt production and construction business. Suggested conditions for special use permit: 1. The site shall be developed insubstantial conformance with the Foxhall Properties, LLC Asphalt Plant concept plan by HSMMIAEC~M, dated January 19, 2009. 2. The proposed earth berms with 40 foot bottom width, 3:1 slopes and 6 foot heightfrom finished grade shall be installed during site grading, with landscaping to be installed as soon as the planting season allows. No administrative waivers shall be allowed for required landscaping, screening or bufferyards. 3. Maximum output of the asphalt plant shall be 300 tons per hour or 200,000 tons per year. 4. Maximum height of the asphalt storage structures shall be 75 feet, including all conveyor structures. 5. A filter fabric bag house shall be installed to control particulate emissions. 6. Noise levels shall not exceed 85 dB at the property line, excluding vehicle warning devices. 7. Awater suppression system shall be used to control dust generated by the movement of material stock. 8. Natural gas shall be the fuel source used to heat materials and products. 9. Diesel fuel stored on site shall only be ~~sed for off-road equipment used on site. 10. Exterior lighting shall only illuminate production structures and areas. Stockpile areas shall not be illuminated. 11. Signage shall be limited to one monument style sign, located near the facility entrance, with a maximum height of 6 feet and maximum width of 10 feet, with landscaping around the base. Sign landscape area shall be a minimum one and one-half times the total area of the sign. 12.A11 new asphalt plant equipment and structures shall be painted black, dark brown ordark green. 13. Exterior of existing structures to be reused may retain existing facade or may be paintedlrefinished in a light brown, dark brown ordark green colorlmaterial. E. CoMMISSIoN ACTION Ms. Hooker moved to recommend denial of the request for rezoning and special use permit. Motion failed 1-3. Mr. Azar made a substitute motion to recommend approval of the request for rezoning with proffered conditions and special use permit with recor~~mended conditions. Motion passed 3-1. F. DISSENTING PERSPECTIVE G. ATTACHMENTS: _~___Concept Plan Vicinity Map Staff Report other Philip Thompson, Secretary Roanoke County Planning Commission F~XHALL P1~OPEI~TIES, LLB 5~3 Rt~TII~~i~,or~D A~rNr~~fa, N.E., RonNo~~r, Vz~c~INIA 2401E P. a. B0~ 12627, RonNU~~L, ti'II~{XINI~1 24027 2'Fla~±~P~IUNL: (54U) ~$2-2366 • F~IC'SI~I~IIIJ~~J (540) ~J$2-2~J42 April 16, 2449 ~a~~_~ ~~~~ r ~, . J I' S1 ~~'~~ ! HAND DELIVERED Roanoke County Board of Supervisors 5244 Bernard Drive Roanoke, Virginia 24418-4798 Re. Withdrawal of Petition of Fo~hall Properties, LLC to rezone 12.237 ac. from I-1, Low Intensity Industrial District, to I-2CS, High Intensity Industrial District with Conditions and Special Use Permit, for the general usage and purpose of operating an asphalt plant and construction yard located at 4127 West Main Street, Salem, Catawba Magisterial District Dear Members of the Board: Please accept this letter as the formal withdrawal of the above referenced rezoninglSUP petition of Foxhall Properties, LLC. Since our March b letter to you, we have been actively reevaluating other sites in the western portion of Roanoke County. With the assistance and encouragement of neighborhood leaders, we believe that we may have found one or more acceptable sites. But, without further study and investigation on our part, it is too soon for us to know that an alternative site will meet all the requirements of Adams Construction Co. and its regulators. Those feasibility studies will take time. Rather than seek an additional delay to the April 2S public hearing, we are withdrawing our application to give us time to fully evaluate these sites, For neighborhood leaders with whom we have been working, our willingness to withdraw our pending application is a demonstration of our good faith effort to work towards an alternate location. We must conduct our due diligence to ensure the site is appropriate not just from a business perspective, but from an environmental and safety perspective. We spent more than four months conducting environmental, safety, site development and business studies to ensure the Salem Water Treatment site was an appropriate land use and posed no risk to human health or the environment. The same will be done with these additional sites. If none of the alternate sites will work, we will need to resubmit the application now being withdrawn, since it is essential that we locate a facility in the western portion of the County. We recognize that will require us to go through the complete rezoning process, including another Roanoke County Board of Supervisors April 16 2009 T . ^ ,, ~, ~ „ ~1, Pa e2 .~ ~1 ~3 g public hearing before the Planning Commission. Recognizing that, however, we believe that withdrawing the pending application best honors the neighborhood outreach to us. aver the course of the next few months, we will diligently pursue alternate sites for our needed facility. very truly yours, Fa~HALL PRGPERTIES, LLC B a~ l~ ~-i v~'~ Y Gary W. Wright, Manager c: B. Clayton Goodman, III, County Administrator