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Home My WebLink About9/22/2009 - Regular Roanoke County Board of Supervisors Agenda September 22, 2009 Good afternoon and welcome to our meeting for September 22, 2009. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m. on the fourth Tuesday of each month. Deviations from this schedule will be announced. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursday at 7:00 p.m. and on Saturday at 4:00 p.m. Our meetings are now closed-captioned, so it is important that anyone addressing the Board speak directly into the microphones at the podium. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance. We respectfully request all electronic devices be turned off or silenced. Thank you. (3:00 p.m.) A. OPENING CEREMONIES 1. Roll Call 2. Invocation: Pastor Jack D. Woods, Jr. Oak Grove Assembly of God 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Proclamation declaring the month of October 2009 as Fire Prevention Month in the County of Roanoke (Richard E. Burch, Jr., Chief of Fire and Rescue; Gary Huffman, Fire Marshal) 2. Recognition of the Information Technology Department for winning first place in the 2009 Digital Counties Survey (Bill Greeves, Director of Information Technology) 3. Recognition of the Purchasing Division for receiving the Achievement of Excellence in Procurement Award for 2009 from the National Purchasing Institute Page 1 of 5 D. NEW BUSINESS 1. Request for approval of a reimbursement agreement between Roanoke County and the Western Virginia Water Authority for the installation of public sewer in the Hanging Rock area and appropriation of funds in the amount of $57,500 for the County’s share of the project (Paul M. Mahoney, County Attorney) 2. Request to approve four additional eligibility positions to the Department of Social Services and to appropriate state and local revenue reimbursements in the amount of $129,830 for fiscal year 2009-2010 to the Department of Social Services for provided services (Brent Robertson, Director of Management and Budget) 3. Request to appropriate $12,000 as a grant to the Western Virginia Water Authority (WVWA) to offset the cost of the Andrew Lewis Place Sanitary Sewer Extension Project (Rebecca Owens, Director of Finance) E. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES - CONSENT AGENDA:Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. The petition of Fralin S P, LLC, to rezone 12.691 acres from C-2, General Commercial, District, and R-3, Medium Density Multi-Family Residential, District to R-4C, High Density Multi-Family Residential, District with conditions for the purpose of constructing multi-family and townhouse residential units (maximum of 115 units), located at 6044 Peters Creek Road, Hollins Magisterial District. 2. The petition of StellarOne Bank and Bonsack Baptist Church Trustees to rezone 4.64 acres from R-1, Low Density Residential, District and R-1S, Low Density Residential, District with a special use permit, to C-1, Office, District for the purpose of constructing a bank with a drive-thru, located at 4903 and 5007 Cloverdale Road, Hollins Magisterial District. 3. The petition of Fountain Head Land Company, LLC, to amend the Planned Residential Development Master Plan related to at-grade golf cart crossing on Pitzer Road for Fountain Head Golf Resort (Ballyhack), which measures approximately 375 acres, Vinton Magisterial District. F. FIRST READING OF ORDINANCES 1. Ordinance amending the Intergovernmental Agreement with the City of Roanoke concerning the regional 800 MHZ trunking radio system (Joseph B. Obenshain, Senior Assistant County Attorney; Bill Greeves, Director of Information and Technology) Page 2 of 5 2. Ordinance authorizing the conveyance of 0.020 acre along Clearbrook Lane to the Wal-Mart Real Estate Business Trust (Paul M. Mahoney, County Attorney) 3. Ordinance authorizing the conveyance of 1,913 square feet along U.S. Route 220 to the Wal-Mart Real Estate Business Trust (Paul M. Mahoney, County Attorney) G. SECOND READING OF ORDINANCES 1. Ordinance amending Section 2-3 of the Roanoke County Code, increasing the bad check fee (Paul M. Mahoney, County Attorney) H. SECOND READING AND PUBLIC HEARING OF ORDINANCES 1. Ordinance authorizing recordation of a sight distance deed restriction on County owned property adjacent to Tulip Lane, Vinton Magisterial District (Joseph B. Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS 1. Capital Improvement Program Review Committee (appointed by District) 2. Parks, Recreation and Tourism Advisory Board (appointed by District) J. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED BY THE BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE RESOLUTION IN THE FORM OR FORMS LISTED BELOW. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. 1. Approval of minutes – February 10, 2009 2. Resolution expressing the appreciation of the Board of Supervisors of Roanoke County to Daniel B. Crawford, Parks, Recreation and Tourism Department, upon his retirement after more than one year of service 3. Request to appropriate grant funds in the amount of $46,178.56 to Roanoke County Schools 4. Donation of a new drainage easement on property of Michael W. Jennings (Tax Map No.076.19-01-30.00), Lot 1, Block 1, Section # 1, Nottingham Hills Subdivision; and a new drainage easement on property of Kenneth B. Peters and Melinda D. Peters (Tax Map No. 076.19-01-29.00), Lot 13, Block 8, Section #3, Nottingham Hills Subdivision, Windsor Hills Magisterial District Page 3 of 5 K. REQUESTS FOR WORK SESSIONS L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Reserves 3. Reserve for Board Contingency 4. Accounts Paid – August 2009 5. Treasurer’s Statement of Accountability per Investment and Portfolio Policy as of August 31, 2009 6. Comparative Statement of Budgeted and Actual Expenditures and Encumbrances for the month ended August 31, 2009 7. Comparative Statement of Budgeted and Actual Revenues for the month ended August 31, 2009 O. CLOSED MEETING pursuant to the Code of Virginia as follows: 1. Section 2.2.3711.A.1, personnel, namely discussion concerning appointments to the Building Code Board of Adjustments and Appeals, the Economic Development Authority and the Grievance Panel 2. Section 2.2-3711.A.7. Consultation with legal counsel and briefings by staff regarding specific legal matters, namely South Peak Development, requiring the provision of legal advice by such counsel. th P. WORK SESSIONS (Training Room – 4 Floor) 1. Work session on the mowing of Virginia Department of Transportation (VDOT) rights-of-way (Mark Courtright, Assistant Director of Parks, Recreation and Tourism) 2. Work session to discuss the County’s “Social Media – Web 2.0” activities (Bill Greeves, Director of Information Technology; Teresa Hall, Director of Public Information) Page 4 of 5 EVENING SESSION –7:00 P.M. Q. CERTIFICATION RESOLUTION R. SECOND READINGS OF ORDINANCES AND PUBLIC HEARINGS 1. The petition of Clyde and Amelia Roberson to obtain a Special Use Permit in an R-1, Low Density Residential District, to operate a private stable on 35.987 acres, located at 1927 Laurel Mountain Drive, Catawba Magisterial District (Philip Thompson, Deputy Director of Planning) S. CITIZENS' COMMENTS AND COMMUNICATIONS T. REPORTS AND INQUIRIES OF BOARD MEMBERS 1. Richard C. Flora 2. Joseph P. McNamara 3. Charlotte A. Moore 4. Joseph B. “Butch” Church 5. Michael W. Altizer U. ADJOURNMENT Page 5 of 5 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 PROCLAMATION DECLARING THE MONTH OF OCTOBER 2009 AS FIRE PREVENTION MONTH IN THE COUNTY OF ROANOKE WHEREAS, Roanoke County is committed to ensuring the safety and security of all those living in and visiting our commonwealth; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, on average, each year 3,000 people die as a result of home fires or burns and more than 200,000 individuals are seen in the nation’s emergency rooms for burn injuries; and WHEREAS, thermal burns outnumber scalds nearly two-to-one, but for children ages five and under, scalds outnumber burns roughly two-to-one; and WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment and smoking are the leading causes of home fire deaths; and WHEREAS, Roanoke County’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Roanoke County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and more likely to survive a fire; and Page 1 of 2 WHEREAS, the 2009 Fire Prevention Month theme, “Stay Fire Smart! Don’t Get Burned” effectively serves to remind all citizens of the simple actions we can take to stay safer from fire during Fire Prevention Month and year-round. THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim the month of October 2009 as Fire Prevention Month throughout the County of Roanoke and urge all citizens to protect their homes and families by continually heeding the important safety messages of Fire Prevention Month; and FURTHER, we urge all citizens to support the many public safety activities and recognize the efforts of Roanoke County fire and emergency services personnel. Page 2 of 2 REIMBURSEMENT AGREEMENT REIMBURSEMENT AGREEMENT This made as of September 1, 2009 by the Western Virginia Water Authority (the “Authority”), a public service authority formed and existing in accordance with the provisions of Chapter 51 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Water and Waste Authorities Act §§ 15.2-5100-15.2-5158 (the “Act”); and Roanoke County, Virginia, a County organized and existing under the Constitution and the laws of the Commonwealth of Virginia (the “County”); WITNESSETH: WHEREAS , the Authority has entered into a Development and Extension Agreement dated as of September 1, 2009 (the “Development Agreement”) with two citizens identified as the Developer who own Tax Parcels 036.01-02-03.00-000 & 036.01-02-03.00-000 (the “Developer’s Property”) situate in Roanoke County, Virginia where the Developer has undertaken a remodeling project and change of use of existing buildings, which plans are hereinafter referred to as the “Plan”; and, WHEREAS , under the provisions of the Virginia Department of Health regulations, as a prerequisite to the approval of the Plan, the Developer is required to provide certain physical improvements in the nature of, either an enhanced on-site private sewer disposal system, or connection to public sewer; and, WHEREAS , the Developer has determined that it would be preferable to pursue the extension of public sewer to service the Developer’s Property; and, WHEREAS , the Developer’s Property can be served by the extension of an 8-inch gravity sewer line approximately 2,600 feet in length along Kessler Mill Rd. (the “Extension”), which can also provide sanitary sewer service to, among others, tax parcels 036.10-01-17.00- 0000 (Hinchee), 036.01-02-01.00-0000 (Miles Estate), 036.01-02-06.00-0000 (Wallace), and upon additional extension, other lots within the Laurel Woods Subdivision; and, WHEREAS , the parties have estimated that the Extension will cost approximately two hundred fifteen thousand dollars ($ 215,000) (the “Costs of the Extension”); and, WHEREAS , the Authority has agreed in the Development Agreement to contribute up to $ 115,000 toward the in cost of said Extension due to the potential to serve additional property not owned by the Developer; and, WHEREAS , the Developer has agreed by letter dated April 10, 2009 to contribute $100,000 in construction costs; and , WHEREAS , the County has agreed to provide the Authority one-half of the amount of its participation. 1 of 4 NOW THEREFORE , in consideration of the benefits to the County of the economic development that will be generated by the Extension, and the benefits to the Authority of an extension to its sewer system in the County, as well as the other the mutual benefits accruing to each party, the parties to hereby agree and covenant as follows: 1. The Authority will monitor the efforts of the Developer pursuant to the Development Agreement and will use its best efforts to insure that the Developer substantially complies with the terms thereof. 2. The County agrees to contribute up to $ 57,500 to the Authority upon the Final Acceptance of the Extension by the Authority. 3. The Extension of this 8-inch gravity line will be installed in such manner as to allow the convenient gravity use by the County’s facilities and buildings located on Kessler Mill Road and which are currently connected to public sewer. In addition it will provide gravity sewer service to the existing Regional Fire Training Facility located on parcel 036.03-01-01.02- 0000. This will eliminate the need for the existing pump station. No Pro-Rata Cost Share, availability fees or connection fees will be assessed against the County or the Regional Fire Training Facility for either of these existing connections. The County will be responsible for the construction of the private portion of the Regional Fire Training Facility’s sewer service, from the pump station to the new public gravity service line which will begin at the property line. 3. The Authority and the Developer have agreed in the Development Agreement that no additional credits will be available beyond the Authority’s one-time cash contribution to the Costs of the Extension, and that any Availability Fees for the Developer’s Property will be charged at the full price in effect at the time of connection, including the initial connection(s) for the Plan. Pursuant to the terms of the Development Agreement, the Authority will calculate the Pro-Rata Cost Share by dividing the total Extension Costs by the number of lots that can be served by the Extension, and the Authority may, pursuant to its Development Rules and Regulations, as amended from time to time, may charge such Pro-Rata Cost Share to those who connect to the Extension in the future. 4. The Authority agrees to equally divide the Pro-Rata Cost Share received from future customers with the County and to pay to the County its one-half share within thirty (30) days of the receipt of the same. All availability fees, meter setting and other fees collected from customers connecting to the Extension will be retained by the Authority. 5. The failure of either party to insist upon strict performance of any of the terms or provisions of this Agreement or to exercise any option, right or remedy contained in this Agreement shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy. No waiver by either party of any term or provision of this Agreement shall be deemed to have been made unless expressed in writing and signed by such party. 2 of 4 6. If any clause or provision of this Agreement is or becomes illegal, invalid or unenforceable because of present or future laws or any rule or regulation of any governmental body or entity, then the remaining parts of this Agreement shall not be affected. 7. This Agreement shall be construed under and shall be governed by the laws of the Commonwealth of Virginia. 8. All notices or other communications required or desired to be given with respect to this Agreement shall be in writing and shall be delivered by hand or by courier service or sent by registered or certified mail, return receipt requested, bearing adequate postage and properly addressed as provided below. Each notice given by mail shall be deemed to have been given and received when actually received by the party intended to receive such notice or when such party refuses to accept delivery of such notice. Upon a change of address by either party, such party shall give written notice of such change to the other party in accordance with the foregoing. Inability to deliver because of changed address or status of which no notice was given shall be deemed to be receipt of the notice sent effective as of the date such notice would otherwise have been received. To the Authority: Western Virginia Water Authority Attn: Greg Reed 601 S. Jefferson Street, Suite 300 Roanoke, VA 24011 To the County: Roanoke County, Virginia Attn: County Administrator 5204 Bernard Drive, S.W. Roanoke, VA 24018 9. This Agreement shall be binding upon and inure to the benefit of the County and the Authority their respective successors and assigns. 10. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, supersedes all prior understandings and writings. This Agreement may be amended or modified only by a writing signed by the County and the Authority. 11. Neither party shall be liable for any failure to perform its non-monetary obligations under this Agreement due to any cause beyond its reasonable control such as wars, riots, civil commotion, strikes, labor disputes, embargoes, natural disasters, Acts of God or any other cause or contingency similarly beyond its control. 3 of 4 12. In this Agreement, whenever general words or terms are followed by the word "including" (or other forms of the word "include") and words of particular and specific meaning, the word "including" (or other forms of the word "include") shall be deemed to mean "including without limitation," and the general words shall be construed in their widest extent and shall not be limited to persons or things of the same general kind or class as those specifically mentioned in the words of particular and specific meanings. 13. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall comprise but a single document. WITNESS the following signatures and seals: Roanoke County, Virginia By: Western Virginia Water Authority By: Michael McEvoy Executive Director, Wastewater Services 4 of 4 Site Applicants Name: Fralin SP LLC Existing Zoning: C2 & R3 Roanoke County Proposed Zoning: R3C Department of TaxMap Number: 026.16-02-14.00-0000 Community Development MagisterialDistrict: Hollins Area: 12.691 Acres Scale: 1" = 300' 20 August, 2009 Site Land Use Conservation Rural Preserve Rural Village Village Center Development Neighborhood Conservation Transition Core Principal Industrial Suburban Village (new category) Economic Opportunity (new category) ûÌÌÐÓÙÛÎÈÉîÛÏ×öÊÛÐÓÎéìððù ÷ÄÓÉÈÓÎÕâÍÎÓÎÕù ê êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕê ù ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉûÊ×Û ûÙÊ×É Scale: 1" = 300' ûÇÕÇÉÈ Site âÍÎÓÎÕ AG3 EP AG1 AR AV C1 C2 C2CVOD I1 I2 PCD PRD PTD R1 R2 R3 R4 RB GB CB M1 M2 ûÌÌÐÓÙÛÎÈÉîÛÏ×öÊÛÐÓÎéìððù ÷ÄÓÉÈÓÎÕâÍÎÓÎÕù ê êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕê ù ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉûÊ×Û ûÙÊ×É Scale: 1" = 300' ûÇÕÇÉÈ Site ûÌÌÐÓÙÛÎÈÉîÛÏ×éÈ×ÐÐÛÊíÎ×úÍÎÉÛÙÑúÛÌÈÓÉÈùÔÇÊÙÔèÊÇÉÈ××É ÷ÄÓÉÈÓÎÕâÍÎÓÎÕêêé êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕù ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉûÊ×ÛûÙÊ×É Scale: 1" =200' ûÇÕÇÉÈ Site ðÛÎØçÉ× Conservation Rural Preserve Rural Village Village Center Development Neighborhood Conservation Transition Core Principal Industrial Suburban Village (new category) Economic Opportunity (new category) ûÌÌÐÓÙÛÎÈÉîÛÏ×éÈ×ÐÐÛÊíÎ×úÍÎÉÛÙÑúÛÌÈÓÉÈùÔÇÊÙÔèÊÇÉÈ××É ÷ÄÓÉÈÓÎÕâÍÎÓÎÕêêé êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕù ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉûÊ×ÛûÙÊ×É Scale: 1" =200' ûÇÕÇÉÈ Site âÍÎÓÎÕ AG3 EP AG1 AR AV C1 C2 C2CVOD I1 I2 PCD PRD PTD R1 R2 R3 R4 RB GB CB M1 M2 ûÌÌÐÓÙÛÎÈÉîÛÏ×éÈ×ÐÐÛÊíÎ×úÍÎÉÛÙÑúÛÌÈÓÉÈùÔÇÊÙÔèÊÇÉÈ××É ÷ÄÓÉÈÓÎÕâÍÎÓÎÕêêé êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕù ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈôÍÐÐÓÎÉûÊ×ÛûÙÊ×É Scale: 1" =200' ûÇÕÇÉÈ Site ûÌÌÐÓÙÛÎÈÉîÛÏ×öÍÇÎÈÛÓÎÔ×ÛØðÛÎØùÍÏÌÛÎÃððù ÷ÄÓÉÈÓÎÕâÍÎÓÎÕìêø êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕìêø ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈæÓÎÈÍÎûÊ×Û ûÙÊ×É Scale: 1" =900' ûÇÕÇÉÈ Site ðÛÎØçÉ× Conservation Rural Preserve Rural Village Village Center Development Neighborhood Conservation Transition Core Principal Industrial Suburban Village (new category) Economic Opportunity (new category) ûÌÌÐÓÙÛÎÈÉîÛÏ×öÍÇÎÈÛÓÎÔ×ÛØðÛÎØùÍÏÌÛÎÃððù ÷ÄÓÉÈÓÎÕâÍÎÓÎÕìêø êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕìêø ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈæÓÎÈÍÎûÊ×Û ûÙÊ×É Scale: 1" =800' ûÇÕÇÉÈ Site âÍÎÓÎÕ AG3 EP AG1 AR AV C1 C2 C2CVOD I1 I2 PCD PRD PTD R1 R2 R3 R4 RB GB CB M1 M2 ûÌÌÐÓÙÛÎÈÉîÛÏ×öÍÇÎÈÛÓÎÔ×ÛØðÛÎØùÍÏÌÛÎÃððù ÷ÄÓÉÈÓÎÕâÍÎÓÎÕìêø êÍÛÎÍÑ×ùÍÇÎÈÃ ìÊÍÌÍÉ×ØâÍÎÓÎÕìêø ø×ÌÛÊÈÏ×ÎÈÍÖ èÛÄïÛÌîÇÏÚ×Ê ùÍÏÏÇÎÓÈÃø×Æ×ÐÍÌÏ×ÎÈ ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈæÓÎÈÍÎûÊ×Û ûÙÊ×É Scale: 1" =900' ûÇÕÇÉÈ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE AMENDING THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ROANOKE CONCERNING THE REGIONAL 800 MHZ TRUNKING RADIO SYSTEM WHEREAS, the County of Roanoke and the City of Roanoke have previously entered into an Intergovernmental Agreement (“the Agreement”) dated December 17, 1997, for the purpose of expanding the County’s existing 800 MHz trunked radio communication system (“the System”) to serve both the County and the City’s fire, police, emergency and other radio communications needs pursuant to Section 15.2- 1300 of the Code of Virginia (1950), as amended; and WHEREAS, the Agreement has been previously amended on October 1, 2001, and September 19, 2005, in connection with operational details for the System and the FCC rebanding project; and WHEREAS, the County and City desire to further amend the Agreement to provide a clear, concise and measurable description of services, responsibilities, duties and cost of services to maintain the System to be provided by the County to the City under the terms of the Agreement; and WHEREAS, Roanoke City Council approved the proposed Third Amendment to this Intergovernmental Agreement on the 17th day of August, 2009; and WHEREAS, the first reading of this Ordinance was held on September 22, 2009, and a second reading was held on October 13, 2009 NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: Page 1 of 2 1. That the Service Level Agreement between the County of Roanoke and the City of Roanoke, dated July 1, 2009, is approved and authorized to be incorporated into and made a part of the Intergovernmental Agreement dated December 17, 1997, as the Third Amendment thereto. 2. That the remaining terms and conditions of the Intergovernmental Agreement, including Amendments One and Two, except as specifically modified by the Third Amendment thereto, shall remain in full force and effect. 3. That the County Administrator is hereby authorized to execute such Amendment to the Intergovernmental Agreement concerning the Regional 800 MHz Trunking Radio System upon such form as approved by the County Attorney. 4. That this Ordinance shall be in effect from and after its adoption. Page 2 of 2 AMENDMENT THREE TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ROANOKE AND THE COUNTY OF ROANOKE This Amendment Three to “Intergovernmental Agreement for the Establishment of a Joint Public Radio Safety Agreement (“Agreement”)” dated December 17, 1997, between the City of Roanoke (“City”) a political subdivision of the Commonwealth of Virginia, and the County of Roanoke (“County”), a political subdivision of the Commonwealth of Virginia, is dated this _____, day of ________________, 2009. WITNESSETH: WHEREAS, the City and County entered into an Agreement dated December 17, 1997, that caused the County’s existing 800 MHZ trunked radio communications system (“System”) to be expanded and to serve both the City and the County’s fire, police, emergency and other radio communication needs pursuant to Section 15.2-1300 of the Code of Virginia (1950) as amended; WHEREAS, the Agreement was amended by subsequent agreement dated October 1, 2001, for the purpose of providing the details relating to the operation of the System and the relationship among the City and County; WHEREAS, the Agreement was amended by subsequent agreement dated September 19, 2005, for the purpose of providing details related to the operation and implementation of the required reconfiguration of the 800 MHZ band and to authorize the issuance of a joint RFP between the City and the County for the purpose of hiring a consultant and/or legal counsel to assist with contract negotiations with Nextel in connection with such reconfiguration. WHEREAS, the parties desire to further amend the Agreement to provide a clear, concise and measurable description of the services, responsibilities, duties and costs of such services provided by the County to the City under the Agreement. NOW, THEREFORE, in consideration of the agreements and mutual promises contained in the Agreement, the parties agree as follows: 1. The City and the County acknowledge and agree that the services the County provides the City under the terms of the Agreement shall be governed by the terms and conditions contained with the attached Service Level Agreement between the City of Roanoke and the County of Roanoke dated July 1, 2009, which is hereby incorporated into the Agreement and made a part hereof. To the extent there is any conflict between the Agreement and the attached Service Level Agreement, the Service Level Agreement shall control. 2. The remaining terms and conditions to the Agreement, including its Amendments One and Two, and except as modified as stated herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment One by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA ___________________________ By: ____________________________ Title:_______________________ Darlene L. Burcham, City Manager ATTEST:COUNTY OF ROANOKE, VIRGINIA ___________________________ By: ____________________________ Title:_______________________ Name: _________________________ Title: ___________________________ Approved as to Form: Approved as to Execution _____________________________ ________________________________ Assistant City Attorney Assistant City Attorney _____________________________ ________________________________ Assistant County Attorney Assistant County Attorney Certification of Funds Required For this Amendment Three Certified ______________________________ Roanoke City Director of Finance Acct. No.____________________ 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE AUTHORIZING THE CONVEYANCE OF 0.020 ACRE ALONG CLEARBROOK LANE TO THE WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, the Board of Supervisors acquired this property located along Clearbrook Lane by a dedication by plat dated April 7, 2003, and recorded in Plat Book 26 at Page 122; and WHEREAS, this property is designated as Parcel “I” on a certain plat entitled “Plat of Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store No. 1301-02” prepared by Dewberry & Davis, Inc., dated July 31, 2009 and revised September __, 2009; and WHEREAS, the County and Wal-Mart Business Trust entered into an agreement dated June 19, 2009, regarding certain real estate dedications, vacations, and other work related to the development of a shopping center in the Clearbrook area of Roanoke County; and WHEREAS, this agreement provided for certain real estate conveyances between and among the parties; and WHEREAS, this ordinance authorizes the conveyance of this property in order to fulfill the obligations of this agreement, to implement the provisions of the rezoning and SUP Ordinance No. 102406-7 and to assist Wal-Mart Business Trust in the completion of certain public road improvements; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the Page 1 of 2 first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing was held on October 13, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a 0.020 acre parcel of real estate located along Clearbook Lane and designated as Parcel “I” on a certain plat entitled “Plat of Resubdivision and Right of Way Vacation for: Wal-Mart Business Trust Store No. 1301- 02” prepared by Dewberry & Davis, Inc., dated July 31, 2009 and revised September __, 2009 to the Wal-Mart Business Trust is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE AUTHORIZING THE CONVEYANCE OF 1,913 SQUARE FEET ALONG U.S. ROUTE 220 TO THE WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, the Board of Supervisors acquired this property located along U.S. Route 220 by a deed from Vine & Branch, Inc. dated May 14, 2003, and recorded in Plat Book 26 at Page 122; and WHEREAS, this property is designated as Area #2 on a certain plat entitled “Plat Showing Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street Purposes and New Temporary Construction Easement, 30’ Temporary Access Easement #1, Temporary Access Easement #2, Permanent Utility Easement, Permanent Sanitary Sewer Easement, Permanent Waterline Easement, and a New Temporary Slope/Permanent Drainage Easement Being Granted to the County of Roanoke by the Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring Magisterial District, Roanoke County, Virginia”; and WHEREAS, the County and Wal-Mart Business Trust entered into an agreement dated June 19, 2009, regarding certain real estate dedications, vacations, and other work related to the development of a shopping center in the Clearbrook area of Roanoke County; and WHEREAS, this agreement provided for certain real estate conveyances between and among the parties; and WHEREAS, this ordinance authorizes the conveyance of this property in order to fulfill the obligations of this agreement, to implement the provisions of the rezoning and Page 1 of 2 SUP Ordinance No. 102406-7 and to assist Wal-Mart Business Trust in the completion of certain public road improvements; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading of this ordinance was held on September 22, 2009, and the second reading and public hearing was held on October 13, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conveyance of a 1,913 square foot parcel of real estate located along Clearbook Lane designated as Area #2 on a certain plat entitled “Plat Showing Property (36,246 S.F.) Being Dedicated to the County of Roanoke for Street Purposes and New Temporary Construction Easement, 30’ Temporary Access Easement #1, Temporary Access Easement #2, Permanent Utility Easement, Permanent Sanitary Sewer Easement, Permanent Waterline Easement, and a New Temporary Slope/Permanent Drainage Easement Being Granted to the County of Roanoke by the Vine and Branch, Inc. Situated along U.S. Route 220, Cave Spring Magisterial District, Roanoke County, Virginia” to the Wal-Mart Business Trust is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE AMENDING SECTION 2-3 OF THE ROANOKE COUNTY CODE, INCREASING THE BAD CHECK FEE WHEREAS, the 2004 Session of the Virginia General Assembly amended Section 15.2-106 of the Code of Virginia which authorized any locality by ordinance to provide for a fee not exceeding $35.00 for passing bad checks; and WHEREAS, the passing of any check for payment of taxes or any other sums due to the County, which is subsequently returned for insufficient funds or because there is no account or the account has been closed, places a financial burden on the citizens of Roanoke County; and WHEREAS, imposing a fee for passing bad checks will help to recover some of the administrative costs and expenses for passing a bad check; and WHEREAS, the first reading of this ordinance was held on September 8, 2009; and second reading was held on September 22, 2009. NOW, THEREFORE, BE IT ORDIANED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Section 2-3 of the Roanoke County Code be amended to read and provide as follows: Sec. 2-3. Charge for bad check tendered to county. If any check tendered for any amount due the county is not paid by the bank on which it is drawn as the result of insufficient funds in the account or if there is no such account, the person by whom such check was tendered shall remain liable for the payment of such amount the same as if such check had not been Page 1 of 2 tendered and, in addition to other penalties imposed by law, shall be subject to a charge of twenty dollars ($20.00).thirty-five dollars ($35.00). 2. This ordinance shall take effect from and after its passage. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, SEPTEMBER 22, 2009 ORDINANCE AUTHORIZING RECORDATION OF A SIGHT DISTANCE DEED RESTRICTION ON COUNTY OWNED PROPERTY ADJACENT TO TULIP LANE, VINTON MAGISTERIAL DISTRICT WHEREAS, Roanoke County has constructed the Wolf Creek Greenway, which crosses Tulip Lane, State Secondary Route 1017, at a curve between adjoining properties owned by the Board of Supervisors of Roanoke County, Vinton Magisterial District; and WHEREAS, the Virginia Department of Transportation (VDOT) has requested a line of sight distance of 250 feet in both directions from the point where the Wolf Creek Greenway crosses Tulip Lane and that Roanoke County establish a restriction upon its property for a line of sight distance of two hundred fifty feet (250’) in a northerly direction across its property; and WHEREAS, the curve of Tulip Lane in a northerly direction from the point at which the Greenway crosses this public road necessitates a permanent restriction and dedication of the portion of public property within this curve to provide adequate public safety; and WHEREAS, the County of Roanoke desires to permanently designate and restrict the use of portions of its property consisting of 0.1393 acre, identified as a portion of Tax Map #61.02-01-55.00, as necessary for the construction and safe public use of the Wolf Creek Greenway as shown on the plat entitled “PLAT SHOWING SIGHT DISTANCE EASEMENT BEING RESERVED FOR PUBLIC USE BY BOARD OF SUPERVISORS, ROANOKE COUNTY, ROANOKE COUNTY TAX MAP PARCEL #61.02-01-55.00 SITUATED ALONG TULIP LANE RTE. 1017, VINTON MAGISTERIAL DISTRICT, ROANOKE COUNTY, VIRGINIA”, prepared by Roanoke County Department of Community Page 1 of 2 Development, dated August 7, 2009, and attached as Exhibit A; and WHEREAS, the proposed designation and reservation of a sight distance easement will serve the interests of the public and is necessary for the public health, safety and welfare of the citizens of Roanoke County; and THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of an interest in real estate can be authorized only by ordinance. A first reading of this ordinance was held on September 8, 2009, and a second reading and public hearing was held on September 22, 2009. 2. That pursuant to the provisions of Section 16.01 of the Roanoke County Charter, the interest in real estate to be restricted and preserved for public uses shall be permanently reserved and dedicated in connection with the construction of Roanoke County’s Wolf Creek Greenway. 3. That the recordation of a permanent deed restriction for purposes of designating and setting apart a sight distance easement or restriction on the above- mentioned map on the County’s property (Tax Map No. 61.02-01-55.00) adjacent to Tulip Lane, Vinton Magisterial District, is hereby authorized and approved. 4. That the County Administrator, or 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. Page 2 of 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 RESOLUTION EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY TO DANIEL B. CRAWFORD, PARKS, RECREATION AND TOURISM DEPARTMENT, UPON HIS RETIREMENT AFTER MORE THAN ONE YEAR OF SERVICE WHEREAS, Daniel B. Crawford was employed by Roanoke County on April 7, 2008, as a Parks Maintenance employee; and WHEREAS, Mr. Crawford retired from the Roanoke County Parks, Recreation and Tourism Department as a Parks Maintenance employee on September 1, 2009, after one year and four months of service; and WHEREAS, Mr. Crawford, through his hard work and dedicated efforts, helped provide and promote a safe and well-maintained park system for County residents; and WHEREAS, Mr. Crawford was instrumental in making repairs and improvements to outdoor structures and park amenities, as demonstrated through his exceptional skills as a quality craftsman; and WHEREAS, Mr. Crawford believed deeply in making an enjoyable experience standard for every Roanoke County parks user as well as the many Explore Park visitors who remember him for his years of service there as a Historic Interpreter. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County expresses its deepest appreciation and the appreciation of the citizens of Roanoke DANIEL B. CRAWFORD County to for more than one year of capable, loyal and dedicated service to Roanoke County; and FURTHER, the Board of Supervisors does express its best wishes for a happy and productive retirement. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, SEPTEMBER 22, 2009 ORDINANCE GRANTING A SPECIAL USE PERMIT FOR A PRIVATE STABLE ON 35.987 ACRES LOCATED AT 1927 LAUREL MOUNTAIN DRIVE (TAX MAP NO. 35.00-01-38.00) CATAWBA MAGISTERIAL DISTRICT, UPON THE PETITION OF CLYDE AND AMELIA ROBERSON WHEREAS, Clyde and Amelia Roberson have filed a petition for a special use permit for a private stable to be located at 1927 Laurel Mountain Drive (Tax Map No. 35.00-01-38.00) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on September 1, 2009; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on August 25, 2009; the second reading and public hearing on this matter were held on September 22, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that the granting of a special use permit to Clyde and Amelia Roberson for a private stable to be located at 1927 Laurel Mountain Drive in the Catawba Magisterial District is substantially in accord with the adopted 2005 Community Plan, as amended, pursuant to the provisions of Section 15.2-2232 of the 1950 Code of Virginia, as amended, and that it shall have a minimum adverse impact on the surrounding neighborhood or community, and said special use permit is hereby approved with the following conditions: (1) A maximum of two (2) horses shall be permitted with the private stable. Page 1 of 2 2. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. Page 2 of 2 éèûööê÷ìíêè ì×ÈÓÈÓÍÎ×Ê ùÐÃØ×ÛÎØûÏ×ÐÓÛêÍÚ×ÊÉÍÎ ê×ËÇ×ÉÈéÌ×ÙÓÛÐçÉ×ì×ÊÏÓÈÖÍÊìÊÓÆÛÈ×éÈÛÚÐ× ðÍÙÛÈÓÍÎ øÊÓÆ× ïÛÕÓÉÈ×ÊÓÛÐøÓÉÈÊÓÙÈùÛÈÛÅÚÛ éÇÕÕ×ÉÈ×ØûÏÛÄÓÏÇÏÍÖÍÎ×ÔÍÊÉ×ÉÔÛÐÐÚ×Ì×ÊÏÓÈÈ×ØÅÓÈÔÈÔ×ÌÊÓÆÛÈ×ÉÈÛÚÐ× ùÍÎØÓÈÓÍÎÉ ÷ä÷ùçèóæ÷éçïïûêã Clydeand Amelia Robersonare requesting a Special Use Permit fora Private Stable located at 1927 Laurel Mountain Drive. The parcel iszoned R-1,Low Density Residential District and consists of approximately 35.987 acres.The petitioner also owns 3 adjacent undeveloped R-1 lots in Laurel Woods Subdivison, one of which isused as access to the site.Although accessed through a driveway in the residential subdivision, the subject property is not located on Laurel Mountain Driveand is situated behind the subdivision and disconnected from the adjacent residential properties by a 100footAmerican Electrical Power easement. The petitioners are proposing a maximum ofonehorsewithapproximately 44,000sq. ft. of fenced pasture.The concept planshows that the petitioners have an existing electric fenced pasture located directly behind the residenceand a smaller existing wood fenced pasture adjacent to the house. The horse would belodged in an existingshelterbelowthe deck on the side ofthe house. The 2005 Comprehensive Plan indicates that the Future Land Use Designation of this parcelis Rural Preserve. This designation is for areas of mostly undeveloped, outlying lands.These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. The proposed private stable is in general conformance with the Rural Preservedesignation. Prior to December 31, 1992, this property was zoned A-1. The acreage and naturalized characteristics of the site are more consistent with the large neighboring agricultural properties than with the smaller adjacent R-1 parcels, and both the topography and the AEP easement serve to further separate this property from Laurel Woods Subdivision. ûììðóùûúð÷ê÷õçðûèóíîé Private stables are allowed by special use permit in the R-1,Low Density Residential District, and are defined as follows: The keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. Use and Design Standards for private stables are as follows: 1.Minimum lot size: Two (2) acres. 2.On lots of less than five (5) acres, no more than one stable animal per acre shall be permitted. 3.Stables and corrals shall comply with all the setback requirements for accessory buildings. 4.Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. ûîûðãéóéíö÷äóéèóîõùíîøóèóíîé Background – Per Roanoke County Real Estate records, Clyde and Amelia Robersonpurchased the subject parcelin 2005.There is a two-story single family dwelling on the site. TheRobersonsalso own four 1 propertiesin the area,totaling over 40 acres, with the subject parcel being the largest at over 35acres. The Robersonsown one horseand havetwo fenced pasturesand a shelter attached totheir residence. In 2009, the applicants were cited for boarding one horse on the subject property in violation of the zoning ordinance and immediately began the process of obtaining a special use permit for a private stable. Topography/Vegetation–From Laurel Mountain Drive, the drivewayof the property increasesin elevation over 100feetuntil it terminates at the house. The property then levels off somewhat and there is a partial clearing where the house is located.The remainder of the property is densely forested land, which limits any visibility of the house or pasture from adjacent properties. Theheavily wooded characteristic of the siteis congruent with two largeadjacent properties, the Fort Lewis Mountain Havens Wildlife Management Area and the former Girl Scout Campground. Surrounding Neighborhood–The distance from the pasture to the closest neighboring property line is approximately 375feet, and the closest adjacent house is located over 500feet away from the fenced pasturesin the Laurel Woods Subdivision.To the south of the property are five lotsin Laurel Woods Subdivison, zoned R-1,Low Density Residential District, andofapproximately 1-2 acres each. Two of the lots havesingle family dwellingsand the other three lots(which are owned by the petitioner) are undeveloped. To the west of the propertyis the 7000+ acre Fort Lewis Mountain Havens Wildlife Management Area, zoned AG-3, Agricultural/Rural Preserve District.To the north of the propertyis the 275 acre former Girl Scout Campground, also zoned AG-3, Agricultural/Rural Preserve District which includes existing horseback riding trails that are utilized by the petitioners for exercising their horse.The acreage and agricultural nature of the subject parcel is more consistent with the neighboring parcels zoned AG-3, Agricultural/Rural Preserve District than with the smaller parcels zoned R-1,Low Density Residential District. ûîûðãéóéíöìêíìíé÷øø÷æ÷ðíìï÷îè Site Layout/Architecture–As shown on the concept plan, the petitioners propose toutilize an existing electric fenced pasture of approximately 40,000 sq. ft.located directly behind the existing residenceand a wooden fenced pasture of approximately 4,000 sq. ft. located adjacent to the house. The horse would be sheltered underneath the existing deck on the side of the house.Thepetitioners are not proposing any new structures or any clearing of trees. The maintenance of the existingvegetation outside of the clear area for the house and pasture will minimize any effectsof the proposed use on adjacent property owners. Neither the fenced pastures nor the house is visible from Laurel Mountain Drive or the adjacent single family residences. Waste Management Plan - PerDepartment of Conservation and Recreation’s Nutrient Management Specialist, Bobby Long: “With the current pasture arrangement, at no time will the horse(s) be confined to an area where manure deposition will be concentrated necessitating collection and land application. Therefore I cannot foresee a manure management concern.” Access/Traffic Circulation–Per Virginia Department of Transportation’s Staff Engineer, Scott Woodrumhad no comments on the petition. Screening & Buffering–Existing onsite vegetation is located along all of the property boundaries. The petitionershave indicated theirdesire to retain as much vegetation along the property linesas possible. The zoning ordinance would not require additional screening or buffer yard requirementsas the adjacent properties are zoned R-1, Low Density ResidentialDistrictand AG-3, Agricultural/Rural PreserveDistrict. 2 ùíîöíêïûîù÷åóèôêíûîíñ÷ùíçîèãùíïìê÷ô÷îéóæ÷ìðûî The 2005 Comprehensive Plan indicates that the Future Land Use Designationof these parcels is Rural Preserve. This designation is for areas of mostly undeveloped, outlying lands. These rural regions are generally stable and require a high degree of protection to preserve agricultural, forestal, recreational, and remote rural residential areas. The proposed private stable promotes the agricultural and recreational uses indicated in the definition and is in general conformance with the Rural Preservedesignation. éèûööùíîùðçéóíîé The proposed project is in general conformance with the goals and objectivesof theRural Preserve Designation. The topography of the parcel, coupled with the abundant existing vegetation that the petitioners intend to retain, serves to protect surrounding property owners from the potential impacts of the private stable. In addition, the proposed use is compatible with the adjacent wildlife preserve and former Girl Scout Campground which already feature horseback riding trails. The petitioners have requested a private stable for one horse and have an animal waste management plan so as not to create a nuisance or health hazard to adjacent property owners. If the Planning Commission recommends approval of this Special Use Permit, due to the small designated pasture a condition may be needed to limit the property to only one horse. ùûé÷îçïú÷ê ìê÷ìûê÷øúãèÛÊÛðÛÏÚ×ÊÈìÛÈÈÓÉÛÐÐ ô÷ûêóîõøûè÷éìù úíé ûèèûùôï÷îèéûÌÌÐÓÙÛÈÓÍÎïÛÈ×ÊÓÛÐÉ éÓÈ×óÎÉÌ×ÙÈÓÍÎìÔÍÈÍÕÊÛÌÔÉ û×ÊÓÛÐìÔÍÈÍÕÊÛÌÔ âÍÎÓÎÕïÛÌ öÇÈÇÊ×ðÛÎØçÉ×ïÛÌ êâÍÎÓÎÕøÓÉÈÊÓÙÈê×ÕÇÐÛÈÓÍÎÉ ìÊÓÆÛÈ×éÈÛÚÐ×çÉ×ÛÎØø×ÉÓÕÎéÈÛÎØÛÊØÉ 3 Í·¬» ß°°´·½¿²¬ Ò¿³»æ Ý´§¼» ú ß³»´·¿ Î±¾»®±² Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíëòððóðïóíèòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ íëòçèé ß½®» Í½¿´»æ ïþ ãëððù ïì Ö«´§ô îððç íïï Í·¬» Æ±²·²¹ ßÙí ÛÐ ßÙï ßÎ ßÊ Ýï Ýî ÝîÝÊÑÜ ×ï ×î ÐÝÜ ÐÎÜ ÐÌÜ Îï Îî Îí Îì èï ÎÞ ÙÞ ÝÞ Óï Óî ß°°´·½¿²¬ Ò¿³»æ Ý´§¼» ú ß³»´·¿ Î±¾»®±² Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíëòððóðïóíèòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ íëòçèé ß½®» Í½¿´»æ ïþ ãîðððù ïì Ö«´§ô îððç íïï Í·¬» Ô¿²¼ Ë» Ý±²»®ª¿¬·±² Î«®¿´ Ð®»»®ª» Î«®¿´ Ê·´´¿¹» Ê·´´¿¹» Ý»²¬»® Ü»ª»´±°³»²¬ Ò»·¹¸¾±®¸±±¼ Ý±²»®ª¿¬·±² èï Ì®¿²·¬·±² Ý±®» Ð®·²½·°¿´ ×²¼«¬®·¿´ Í«¾«®¾¿² Ê·´´¿¹» ø²»© ½¿¬»¹±®§÷ Û½±²±³·½ Ñ°°±®¬«²·¬§ ø²»© ½¿¬»¹±®§÷ ß°°´·½¿²¬ Ò¿³»æ Ý´§¼» ú ß³»´·¿ Î±¾»®±² Û¨·¬·²¹ Æ±²·²¹æ Îï Î±¿²±µ» Ý±«²¬§ Ð®±°±»¼ Æ±²·²¹æ ÎïÍ Ü»°¿®¬³»²¬ ±º Ì¿¨ Ó¿° Ò«³¾»®æ ðíëòððóðïóíèòððóðððð Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ó¿¹·¬»®·¿´ Ü·¬®·½¬æ Ý¿¬¿©¾¿ ß®»¿æ íëòçèé ß½®» Í½¿´»æ ïþ ãîðððù ïì Ö«´§ô îððç SEC. 30-41.R-1 LOW DENSITY RESIDENTIAL DISTRICT. Sec. 30-41-1.Purpose. (A)The R-1, low density residential district is established for areas of the county within the urban service area with existing low-middle density residential development, with an average density of from one (1) to three (3) units per acre, and land which appears appropriate for such development. These areas are generally consistent with the neighborhood conservation land use category as recommended in the comprehensive plan. In addition, where surrounding development and the level of public services warrant, these areas coincide with the development category recommended in the plan. This district is intended to provide the highest degree of protection from potentially incompatible uses and residential development of a significantly different density, size, or scale, in order to maintain the health, safety, appearance and overall quality of life of existing and future neighborhoods. In addition to single-family residences, only uses of a community nature which are generally deemed compatible are permitted in this district. This would include parks and playgrounds, schools and other similar neighborhood activities. (Ord. No. 042799-11, § 1f., 4-27-99; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-2.Permitted uses. (A)The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Residential Uses Home Occupation, Type I * Manufactured Home * Manufactured Home, Emergency * Residential Human Care Facility Single-Family Dwelling, Detached (For Zero Lot Line Option -*) Single-Family Dwelling, Attached * Single-Family Dwelling, Attached and Detached (Cluster Subdivision Option -*) 2.Civic Uses Community Recreation * Park and Ride Facility * Public Parks and Recreational Areas * Utility Services, Minor 3.MiscellaneousUses Amateur Radio Tower * (B)The following uses are allowed only by special use permit pursuant to section 30-19. An asterisk (*) indicates additional, modified or more stringent standards as listed in article IV, use and design standards, for those specific uses. 1.Agricultural and Forestry Uses Stable, Private * 2.Residential Uses Accessory Apartment * Alternative Discharging Sewage System * Home Beauty/Barber Salon * Multiple Dog Permit * 3.Civic Uses Cemetery * Crisis Center Day Care Center * Educational Facilities, Primary/Secondary * Family Day Care Home * Religious Assembly * Utility Services, Major * 3.5.Commercial Uses Bed and Breakfast * 4.Miscellaneous Uses Outdoor Gatherings * (Ord. No. 42793-20, § II, 4-27-93; Ord. No. 62293-12, §§ 3, 8, 6-22-93; Ord. No. 82493-8, § 2, 8-24-93; Ord. No. 62795-10, 6-27-95; Ord. No. 042799-11, § 2, 4-27-99; Ord. No. 042500-9, § II, 4-25-00; Ord. No. 072605-7, § 1, 7-26-05; Ord. No. 042208-16, § 1, 4-22-08) Sec. 30-41-3.Site Development Regulations. General Standards. For additional, modified, or more stringent standards for specific uses, see Article IV, Use and Design Standards. (A)Minimum lot requirements. 1.All lots served by private well and sewage disposal systems: a.Area: 0.75 acre (32,670 square feet). b.Frontage: 90 feet on a publicly owned and maintained street. 2.Lots served by either public sewer or water: a.Area: 20,000 square feet. b.Frontage: 75 feet on a publicly owned and maintained street. 3.All lots served by both public sewer and water: a.Area: 7,200 square feet. b.Frontage: 60 feet on a publicly owned and maintained street. (B)Minimum setback requirements. 1.Front yard: a.Principal structures: 30 feet. b.Accessory structures: Behind the front building line. 2.Side yard: a.Principal structures: 10 feet. b.Accessory structures: 10 feet behind front building line or 3 feet behind rear building line. 3.Rear yard: a.Principal structures: 25 feet. b.Accessory structures: 3 feet. 4.Where a lot fronts on more than one street, front yard setbacks shall apply to all streets. (C)Maximum height of structures. 1.Height limitations: a.Principal structures: 45 feet. b.Accessory structures: 15 feet, or 25 feet provided they comply with the setback requirements for principal structures. (D)Maximum coverage. 1.Building coverage: 30 percent of the total lot area for all buildings and 7 percent for accessory buildings. 2.Lot coverage: 50 percent of the total lot area. (Ord. No. 62293-12, § 10, 6-22-93; Ord. No. 42694-12, § 8, 4-26-94; Ord. No. 042208-16, § 1, 4-22-08) ARTICLE IV.USE AND DESIGN STANDARDS SEC. 30-80.USE AND DESIGN STANDARDS. (A) The standards contained in the district regulations in Article III shall apply to all of the following use types, unless specifically modified and/or superseded by the use and design standards below. (B) The standards listed as general standards shall apply in all districts in which the use type is permitted by right or permitted subject to approval of a special use permit, as indicated in Article III, District Regulations. (C) Where a specific zoning district is indicated, the standards listedbelow shall apply to that zoning district, in addition to any general standards listed for that use. SEC. 30-81.AGRICULTURAL AND FORESTRY USES. Sec. 30-81-5.Stable, Private. (A)Private stables in AR, AV, and R-1 districts shall comply with the following requirements: 1.Minimum lot size: Two (2) acres. 2.On lots of less than five (5) acres, no more than one stable animal per acre shall be permitted. 3.Stables and corrals shall comply with all the setback requirements for accessory buildings. 4.Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. (Ord. No. 042208-16, § 1, 4-22-08)