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10/28/1997 - Regular (2)
. ~ ROAi~p~~ ~ 6 ~ a p ~~ ~2 Ov r,a~ 1838 ~~~~~ WORKING DOCUIVIENT - SUBTECT TO REVISION ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA October 28, 1997 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. THERE WILL BE AN AUDIT COMMITTEE MEETING AT 2.00 P M PRIOR TO THE REGULAR SESSION. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. ALL PRESENT AT 3:00 P.M. 2. Invocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS PMM ADDED TWO ITEMS TO EXECUTIVE SESSION - POSSIBLE i ® Recycled Paper LITIGATION REGARDING BPOL TAX AND POTENTIAL LITIGATION REGARDING ITEM S-8 (LOWE'S REZONING) ECH MOVED ITEM P-1a TO THE EVENING SESSION FM ANNOUNCED HE WOULD LEAVE AT 5:30 P.M. TO ATTEND BARNES & NOBLE RIBBON CUTTIN C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Recognition of Parks and Recreation Department for winning Best Promotional Effort awards from the Virginia Recreation and Parks Society. a. Camp Roanoke Fundraising Campaign ACCEPTED BY RICKY SHOWALTER b. Therapeutics Program ACCEPTED BY DONNA COMPTON 2. Acceptance of donation from the U. S. Marines from their Mud Run for renovations to Camp Roanoke. PRESENTED BY CAPTAIN TED ADAMS WHO ADVISED THAT PROCEEDS FROM MUD RUN WERE SPLIT BETWEEN TOYS FOR TOTS AND CAMP ROANOKE WITH CAMP ROANOKE RECEIVING $3,000. 3. Proclamation declaring the month of November 1997 as National Hospice Month in Roanoke County. FM MOTION TO ADOPT PROCLAMATION _ UW ACCEPTED BY SUE MOORE, GOOD SAMARITAN HOSPICE 4. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. a ACCEPTED BY DIANE HYATT D. BRIEFINGS 1. New method of paying real estate taxes. (Alfred C. Anderson, County Treasurer) FA ANNOUNCED THAT TAXPAYERS WILL NOW BE ABLE TO USE CREDIT CARDS TO PAY THEIR TAXES BY PHONE. THERE WILL BE NO COST TO THE COUNTY AND NOMINAL FEE TO THE TAXPAYER. E. NEW BUSINESS 1. Request to enter into an agreement with the City of Salem and City of Covington on behalf of Total Action Against Poverty (TAP) for the management of MicroEnterprise Loan Funds. (Tim Gubala, Economic Development Director) CONTINUED FROM OCTOBER 14, 1997 A-102897-2 LBE MOTION TO APPROVE AGREEMENT URC 2. Request to adopt resolution opposing proposed ruling by the Federal Communications Commission to preclude local government authority in determining the location of digital TV towers. (Elmer Hodge, County Administration) R-102897-3 LBE MOTION TO APPROVE RESO URC 3. Request from the Police Department to accept grant for Community Crime Prevention Services. (Ray Lavinder, Police Chief) A-102897-4 FM MOTION TO ACCEPT GRANT IN AMOUNT OF $18,481.62. URC 4. Resolution pursuant to the Code of Virginia authorizing 3 the acquisition and immediate right of entry of a parcel of land and related access and utility easements of James L. Woltz and John E. Woltz for the purpose of providing emergency communications facilities by eminent domain proceedings. (Paul M. Mahoney, County Attorney) R-102897-5 HCN MOTION TO APPROVE RESO U RC F. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA HCN MOTION TO APPROVE 1ST READING 2ND -11118197 URC 1. First reading of ordinance to rezone 10.35 acres from R-3 to PRD to construct a planned residential community, located 200 feet west of the Chukar Drive cul-de-sac, Cave Spring Magisterial District, upon the petition of Jackson Assoc. Limited of VA. 2. First reading of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive, Vinton Magisterial District, upon the petition of Falling Creek Development, L.C. 3. First reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza, Vinton Magisterial District, upon the petition of W. H. Olive and Jacqulin Logan. G. FIRST READING OF ORDINANCES 1. First reading of ordinance approving and authorizing the execution of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station. (Paul M. Mahoney, County 4 Attorney) 0-102897-6 HCN MOTION TO AMEND ORD TO SET LEASE FOR 15 YEARS. ELIMINATE "OPTION TO RENEW", AND ADD LANGUAGE THAT 12 MONTHS PRIOR TO TERMINATION OF LEASE, BOTH PARTIES CAN ENTER INTO NEGOTIATIONS. AYES-FM}FFH,HCN,BLJ NAYS-LBE FFH MOTION TO ADOPT ORD AS AMENDED BY HCN AND WAIVE 2ND READIN URC H. SECOND READING OF ORDINANCES 1. Second reading of ordinance releasing right of re-entry and certain restrictions on the use of certain real estate previously conveyed to Total Action Against Poverty (Pinkard Court School Property), and authorizing the County Administrator to execute documents. (Paul M. Mahoney, County Attorney) 0-102897-7 FM MOTION TO ADOPT ORD WITH $200,000 PROCEEDS GOING TO ECONOMIC DEVELOPMENT BUDGET. AYES-LBE~FM,FFH,BLJ NAYS-NONE PRESENT-HCN 2. Second reading of ordinance amending and reenacting Section 2-17, Dissemination 'of Criminal History Record Information of Applicants for Public Employment, Permit or License of Article II, Chapter 2 of the Roanoke County Code. (Joseph Obenshain, Sr. Assistant County Attorney) 0-102897-8 FM MOTION TO ADOPT ORD URC 1. APPOINTMENTS 5 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) LBE NOMINATED J.A. HENDRICKS 2. Grievance Panel FFH NOMINATED KING HARVEY AS ALTERNATE TO SERVE A 3-YEAR TERM EXPIRING 10/28/2000 LBE NOMINATED KAREN SWELL AS ALTERNATE TO SERVE TO A 3-YEAR TERM EXPIRING 10/28/2000 APPOINTMENT LBE NOMINATED HENRY WISE AS ALTERNATE TO ANOTHER 3-YEAR TERM EXPIRING 10/21/2000 AND MOVED TO APPOINT HIM IMMEDIATELY U RC 3. Commission for Senior and Challenged Citizens. FM NOMINATED NANCY HALL AND BETTY DANGERFIELD TO REPRESENT THE CAVE SPRING MAGISTERIAL DISTRICT. 4. Committee to establish guidelines and policies for placement of communication towers. HCN NOMINATED DAVID JONES TO REPRESENT VINTON DISTRICT FFH NOMINATED DAVID SHELOR TO REPRESENT CATAWBA DISTRICT BLJ NOMINATED WAYNE MASSEY TO REPRESENT HOLLINS DISTRICT LBE NOMINATED ELIZABETH BELCHER TO REPRESENT WINDSOR HILLS 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. R-102897-9 BLJ MOTION TO ADOPT CONSENT RESO 6 URC 1. Approval of Minutes -September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communications towers. A-102897-9.a 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. A-102897-9.b 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. A-102897-9.c 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. A-102897-9.d 6. Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. A-102897-9.e 7. Acceptance of donation of drainage easements in connection with development of Affordable Efficiency Inn on Florist Road. A-102897-9.f K. REQUESTS FOR WORK SESSIONS 1. Request for Work Session on November 18, 1997 on the Secondary Road System Six-Year Construction Plan and VDOT Revenue Sharing Program. WORK SESSION SET FOR 11/18/97 L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS AND INQUIRIES OF BOARD MEMBERS supervisor Minnix• X11 Announced that the Audit Committee met prior to the meeting, noted that the Finance Staff had received an award. and that they received a glowing report as far as how the staff handles the financial responsibilities. -supervisor Harrison• (11 Announced that R. R. Donnelley had contributed $45,000 to TAP and suggested that a letter be sent to them in aapreciation for their contribution X21 Agree with LBE that County should move forward as soon as possible on the Tower Committee. (3) Also supported LBE's request to move forward on stormwater management. supervisor Nickens• (1) Noted that the County Signal had article that EAC supports a flexible holiday schedule. Asked staff to provide information on previous Board discussions on this subject and PTO. (2) Felt it was not appropriate to participate in a ceremony with the EPA celebrating the closure of Dixie Caverns. ECH Suggested a meeting with the citizens in that community instead. (3) Passed out a news release from Congressman Goodlatte that a new Interpretive Visitors Center will be constructed on the Blue Ridge Parkway unless it is vetoed by the President. supervisor Ed~• (1l Suggested that staff find out more about the Dixie Caverns Landfill ceremony from the EPA before making decision not to attend AMG advised that she had met with EPA officials and they are still planning the activity There was Board consensus not to attend. l21 Advised he hoped a flexible holiday schedule would keep offices opened on minor holida~/s which he supports ~j Thanked HCN for responding to the Vinton History Society regarding their concerns for closing of Roland E. Cook School and the Career Center. (4) Asked for report on outdoor advertising signs ECH said the problem had been resolved and he would check and see if memo was ever sent. (5) Asked about strengthening the ordinance regarding fences in front yards ECH said that is working through the process and will be brought back (6) Asked for status of the policy manual. PMM responded that a team is reviewing and it will be brought back to the 11/18/97 meeting. (7) Asked when more information on regional stormwater manac,Lement program would be available. ECH advised that the regional group is working on it and plans to bring back funding formula to all governing bodies in January. Supervisor Johnson' thanked the County staff and Fralin and Waldron s for responding to the situation on Carson Road where a shell building is being constructed right next to a residential area by the Regional Chamber. Recommended meeting with the community to discuss construction projects even if land is airea~ zoned for business or industry. O. REPORTS FM MOTION TO RECEIVE AND FILE AFTER DISCUSSION OF ITEMS 7. 8 - 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -September 1997 5. Statement of Revenues and Expenditures for period ended September 30, 1997 6. Proclamations signed by the Chairman 7. Report of First Quarter Claims Activities for the Self- Insurance Program 8. Report on unpaved roads in Roanoke County P. WORK SESSION 1. Work Session on year end operations. (Diane Hyatt, Finance Director) PRESENTED BY DIANE HYATT AND DEANNA GORDON. REVIEWED SPECIIFCS OF THE DEPARTMENTAL ROLLOVERS TOOK ACTION ON APPROPRIATION OF YEAR END FUNDS AT EVENING SESSI N 2. Report on Revenue Projections and First Quarter Update. (Brent Robertson, Budget Manager) 9 PRESENTED BY BRENT ROBERTSON Q. EXECUTIVE SESSION PURSUANT TO THE CODE OF VIRGINIA SECTION 2.1- 344 A (7) consultation with legal counsel pertaining to legal matter: agreement with the Town of Vinton; 2.1-344 A (3) acquisition of real estate for public purpose, Catawba Farm, 2.1-344 A (7) consultation with legal counsel concerning potential litigation, agenda item S-8 and BPOL tax. BLJ MOTION TO GO INTO EXECUTIVE SESSION AT 5:55 P.M. URC EVENING SESSION (7:00 P.M.1 R. CERTIFICATION OF EXECUTIVE SESSION R-102897-10 BLJ MOTION TO RETURN TO OPEN SESSION AT 7:00 AND ADOPT RESO URC - ONLY ITEM S-8 (COWES REZONING AND CATAWBA FARM DISCUSSED) NEW BUSINESS CONTINUED FROM AFTERNOON SESSION 1, Request to appropriate results of year ended June 30, 1997 A-102897-11 FM MOTION TO APPROPRIATE FUNDS STAFF TO REVIEW AND REFINE ROLLOVER POLICY AND BRING BACK TO 1ST MEETING IN MARCH 1998. URC S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 0.99 acre from R-1 to C-1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord io Place, Cave Spring Magisterial District, upon the petition of Maynard Manning. (Terry Harrington, Director of Planning and Zoning) 0-102897-12 FM MOTION TO ADOPT ORD URC 2. Second reading of ordinance to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road, Hollins Magisterial District, upon the petition of Shenandoah Homes. (Terry Harrington, Director of Planning and Zoning) 0-102897-13 BLJ MOTION TO ADOPT ORD URC 3. Second reading of ordinance to obtain a Special Use Permit to expand the existing restaurant with drive-thru window, located at 4369 Electric Road, Cave Spring Magisterial District, upon the petition of Wendy's of Western VA. (Terry Harrington, Director of Planning and Zoning) 0-102897-14 FM MOTION TO ADOPT ORD URC 4. Second reading of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District, upon the petition of Radford Sz Co. (Terry Harrington, Director of Planning and Zoning) 0-102897-15 BLJ MOTION TO ADOPT ORD URC 5. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 it review for consistency with the Roanoke County Comprehensive Plan, located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive, Catawba Magisterial District, upon the petition of the City of Roanoke (Montclair). (Terry Harrington, Director of Planning and Zoning) 0-102897-16 FFH MOTION TO ADOPT ORD WITH CONDITION ADDED THAT SCREENING AND BUFFERING WILL BE PLANTED ALONG BACK OF THE HOMES ON AMBASSADOR DRIVE. URC 1 CITIZEN SPOKE 6. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan, located 300 feet southeast of the terminus of Candlelight Circle, Catawba Magisterial District, upon the petition of the City of Roanoke (North Lakes). (Terry Harrington, Director of Planning and Zoning) 0-102897-17 FFH MOTION TO ADOPT ORD WITH ADDITIONAL CONDITION AS LISTED ON AMENDED ORDINANCE. l RC 1 CITIZEN SPOKE 7. Second reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building, located at 3743 Challenger Avenue, Hollins Magisterial District, upon the petition of Jack F. Walrond, Jr. (Terry Harrington, Director of Planning and Zoning) 0-102897-18 BLJ MOTION TO ADOPT ORD REMOVING ORIGINAL CONDITIONS URC 8. Second reading of ordinance to rezone approximately 22 acres from R-1, R-3, and C-2C to C-2 in order to construct 12 a retail store located on Route 220 and Valley Avenue, Cave Spring Magisterial District, upon the petition of Lowe's Co. Inc. (Terry Harrington, Director of Planning and Zoning) 0-102897-19 FM MOTION TO ADOPT ORD WITH CONDITION #1 AMENDED THAT LOWES WILL FLIP THE LOCATION OF THE GARDEN CENTER AND TRUCK LOADING DOCKS TO THE NORTHERN PROPERTY AREA OF THE PROPOSED PROJECT. URC 3 CITIZENS SPOKE BOARD ASKED ECH TO CHECK ON EXTENSION OF WATER AND SEWER LINES TO JERNIGAN PROPERTY. 9. Second reading of ordinance to obtain a Special Use Permit to construct a 190 foot self-supporting broadcast tower, located at 5585 Catawba Hospital Drive, Catawba Magisterial District, upon the petition of Ohio State Cellular Phone Co., Inc. (Terry Harrington, Director of Planning and Zoning) FFH MOTION TO CONTINUE TO 11/18/97 URC 10. Second reading of ordinance to rezone 9.77 acres from R- 1 Conditional to R-1 to construct single family residences, located at the south side of Woodhaven Road, approximately 0.5 mile east of its intersection with Green Ridge Road, Catawba Magisterial District, upon the petition of Ernest Clark. (Terry Harrington, Planning & Zoning Director) CONTINUED FROM SEPTEMBER 23~ 1997 A T THE REQUEST OF THE PETITIONER FFH MOTION TO CONTINUE TO 11/18/97 URC 11. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot drainage easement and acceptance of a new 15-foot drainage easement across 13 3.07 acres of land on the west side of Dorset Drive, property of Danny A. Gilbert and Linda K. Gilbert in the Windsor Hills Magisterial District. (Arnold Covey, Director of Engineering 8~ Inspections) 0-102897-20 LBE MOTION TO ADOPT ORD URC U. CITIZEN COMMENTS AND COMMUNICATIONS 1. KATHY CASEY SPOKE REGARDING VARIOUS ORDINANCES RELATED TO PETS INCLUDING THE NUMBER OF DOGS ALLOWED AND BARKING DOGS. SHE QUESTIONED THE BOARD ON THE INTERPRETATION OF THE ORDINANCES. EXECUTIVE SESSION BLJ MOTION TO GO INTO EXECUTIVE SESSION AT 9:00 P.M. TO DISCUSS ITEMS REMAINING UNDER ITEM Q. URC CERTIFICATION RESOLUTION R-102897-21 BLJ MOVED TO RETURN TO OPEN SESSION AT 10:23 P.M. AND ADOPT CERTIFICATION RESOLUTION -URC V. ADJOURNMENT FM MOTION TO ADJOURN AT 10:24 P.M. -URC 14 ~ ROAN ,~.~ ~. p ~ c> ~~ r, ~ '~ i 38 ,~~~~,~ C~~~t~#~ .~f ~~~xx~.~~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA October 28, 1997 RQMOKE NfA7Y VIACQJIA Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag. B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS i ® Recycled Paper 1. Recognition of Parks and Recreation Department for winning Best Promotional Effort awards from the Virginia Recreation and Parks Society. a. Camp Roanoke Fundraising Campaign b. Therapeutics Program D. E. 2. Acceptance of donation from the U. S. Marines from their Mud Run for renovations to Camp Roanoke. 3. Proclamation declaring the month of November 1997 as National Hospice Month in Roanoke County. 4. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. BRIEFINGS 1. New method of paying real estate taxes. (Alfred C. Anderson, County Treasurer) NEW BUSINESS 1. Request to enter into an agreement with the City of Salem and City of Covington on behalf of Total Action Against Poverty (TAP) for the management of MicroEnterprise Loan Funds. (Tim Gubala, Economic Development Director) CONTINUED FROM OCTOBER 14, 1997 2. Request to adopt resolution opposing proposed ruling by the Federal Communications Commission to preclude local government authority in determining the location of digital TV towers. (Elmer Hodge, County Administration) 3. Request from the Police Department to accept grant for Community Crime Prevention Services. (Ray Lavinder, Police Chief) 4. Resolution pursuant to the Code of Virginia authorizing 2 the acquisition and immediate right of entry of a parcel of land and related access and utility easements of James L. Woltz and John E. Woltz for the purpose of providing emergency communications facilities by eminent domain proceedings. (Paul M. Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. First reading of ordinance to rezone 10.35 acres from R-3 to PRD to construct a planned residential community, located 200 feet west of the Chukar Drive cul-de-sac, Cave Spring Magisterial District, upon the petition of Jackson Assoc. Limited of VA. 2. First reading of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive, Vinton Magisterial District, upon the petition of Falling Creek Development, L.C. 3. First reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza, Vinton Magisterial District, upon the petition of W. H. Olive and Jacqulin Logan. G. FIRST READING OF ORDINANCES 1. First reading of ordinance approving and authorizing the execution of a lease with Ohio State Cellular Phone Company, Inc. for a communications antenna tower at Catawba Fire Station. (Paul M. Mahoney, County Attorney) H. SECOND READING OF ORDINANCES 1. Second reading of ordinance releasing right of re-entry and certain restrictions on the use of certain real estate previously conveyed to Total Action Against Poverty 3 (Pinkard Court School Property), and authorizing the County Administrator to execute documents. (Paul M. Mahoney, County Attorney) 2. Second reading of ordinance amending and reenacting Section 2-17, Dissemination of Criminal History Record Information of Applicants for Public Employment, Permit or License of Article II, Chapter 2 of the Roanoke County Code. (Joseph Obenshain, Sr. Assistant County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire Code Board of Appeals) 2. Grievance Panel 3. Commission for Senior and Challenged Citizens. 4. Committee to establish guidelines and policies for placement of communication towers. 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 -September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communications towers. 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. 4 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. 6. Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. 7. Acceptance of donation of drainage easements in connection with development of Affordable Efficiency Inn on Florist Road. K. REQUESTS FOR WORK SESSIONS 1. Request for Work Session on November 18, 1997 on the Secondary Road System Six-Year Construction Plan and VDOT Revenue Sharing Program. L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Accounts Paid -September 1997 5. Statement of Revenues and Expenditures for period ended September 30, 1997 6. Proclamations signed by the Chairman 5 7. Report of First Quarter Claims Activities for the Self- Insurance Program 8. Report on unpaved roads in Roanoke County P. WORK SESSION 1. Work Session on year end operations. (Diane Hyatt, Finance Director) a. Request to appropriate results of year ended June 30, 1997 2. Report on Revenue Projections and First Quarter Update. (Brent Robertson, Budget Manager) Q. EXECUTIVE SESSION PURSUANT TO THE CODE OF VIRGINIA SECTION 2.1- 344 A (7) consultation with legal counsel pertaining to legal matter: agreement with the Town of Vinton; 2.1-344 A (3) acquisition of real estate for public purpose, Catawba Farm. EVENING SESSION (7:00 P.M.) R. CERTIFICATION OF EXECUTIVE SESSION S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 0.99 acre from R-1 to C-1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District, upon the petition of Maynard Manning. (Terry Harrington, Director of Planning and Zoning) 2. Second reading of ordinance to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road, Hollins Magisterial District, upon the petition of Shenandoah Homes. (Terry Harrington, Director of Planning and Zoning) 6 3. Second reading of ordinance to obtain a Special Use Permit to expand the existing restaurant with drive-thru window, located at 4369 Electric Road, Cave Spring Magisterial District, upon the petition of Wendy's of Western VA. (Terry Harrington, Director of Planning and Zoning) 4. Second reading of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District, upon the petition of Radford ~ Co. (Terry Harrington, Director of Planning and Zoning) 5. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan, located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive, Catawba Magisterial District, upon the petition of the City of Roanoke (Montclair). (Terry Harrington, Director of Planning and Zoning) 6. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan, located 300 feet southeast of the terminus of Candlelight Circle, Catawba Magisterial District, upon the petition of the City of Roanoke (North Lakes). (Terry Harrington, Director of Planning and Zoning) 7. Second reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building, located at 3743 Challenger Avenue, Hollins Magisterial District, upon the petition of Jack F. Walrond, Jr. (Terry Harrington, Director of Planning and Zoning) 8. Second reading of ordinance to rezone approximately 22 Lowe's Co. Inc. (Terry Harrington, Director of Planning and Zoning) 9. Second reading of ordinance to obtain a Special Use Permit to construct a 190 foot self-supporting broadcast tower, located at 5585 Catawba Hospital Drive, Catawba Magisterial District, upon the petition of Ohio State Cellular Phone Co., Inc. (Terry Harrington, Director of Planning and Zoning) 10. Second reading of ordinance to rezone 9.77 acres from R- 1 Conditional to R-1 to construct single family residences, located at the south side of Woodhaven Road, approximately 0.5 mile east of its intersection with Green Ridge Road, Catawba Magisterial District, upon the petition of Ernest Clark. (Terry Harrington, Planning 8~ Zoning Director) CONTINUED FROM SEPTEMBER 23a 1997 AT THE REQUEST OF THE PETITIDNER~ 11. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot drainage easement and acceptance of a new 15-foot drainage easement across 3.07 acres of land on the west side of Dorset Drive, property of Danny A. Gilbert and Linda K. Gilbert in the Windsor Hills Magisterial District. (Arnold Covey, Director of Engineering & Inspections) U. CITIZEN COMMENTS AND COMMUNICATIONS V. ADJOURNMENT s Action No. Item Number ~ '- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request for Board presentation of Virginia Recreation and Park Society Awards to Parks and Recreation. County Administrator's Comments: Background: Each year the Virginia Recreation and Park Society has an Awards Program to recognize outstanding programs, marketing efforts, professionals, and facilities throughout the state. We are very proud to announce that Roanoke County Parks and Recreation has been the recipient of one of these awards three years in a row. In 1995, the Brambleton Center won the Best New Facility Award. In 1996, the Camp Roanoke Fundraising Campaign won the Best Promotional Effort Award. This year for 1997, the Therapeutic Recreation Section won the Best Promotional Effort Award for their multi-media presentation of our programs. Each of these awards was presented to our department at the annual banquet attended by over 700 delegates from all areas of Virginia. Summary of Information: Ricky Showalter, Coordinator of the Camp Roanoke Renovation Campaign designed a fundraising brochure that was one tool used in the campaign that has raised approximately $200,000 in cash, materials, and labor donations. He will accept the award. Donna Compton, Assistant Supervisor of Therapeutic Recreation Services will accept the award for that section's efforts to make printed promotional materials accessible to everyone. This section provides a large print, a Braille, and an audio edition of the Department's Program Catalog each quarter. In addition, our programs are advertised on the Roanoke Times Infoline for individuals with visual impairments. The VRPS presenter of the award said, "Roanoke County is a model for everyone to follow in making sure that all citizens know about their parks and recreation services." Staff Recommendation: Staff recommends: That Chairman, Bob Johnson present these awards to Ricky Showalter and Donna Compton. ~-/ Respectfully submitted, Debbie Pitts, Asst.Director Parks and Recreation Approved by, --~ Elmer Hodge County Administrator Approved Denied Received Referred To Motion by: 2 Eddy Harrison Johnson Minnix Nickens No Yes Abs C-/ Camp Roanoke Renovation Fundraising Campaign 1996 Virginia Recreation and Park Society Best Promotional Piece Award Nomination Roanoke County Parks and Recreation Department is trying to re-open Camp Roanoke, an old historical residential camp, for citizens to use. Last year Rick Showalter, project manager for the capital fundraising campaign "Rekindle The Glow, Renovate Camp Roanoke", worked on the promotional material for the campaign. The promotion effort included the printed educational brochure, a six minute professional video used during presentations, and two 30 second commercials used as public service announcements on the local television stations. Instead of trying to explain everything their is about Camp Roanoke, our efforts to re-open and who it will service, I will allow you to familiarize yourself with the brochure and hope that it does what it was intended to do. Thank you. ~~, ;~ 1996 VRPS Awards Pr-ogl-am ~ - ~ ,~ Nominat~on Form ~~ Panc SOOery TO ENSURE YOUR APPLICATION IS PROCESSED, PLEASE t+SE THE CHECKLIST BELOW! Nominations Requirement Checklist C~ Information on type«Titer/letter size white paper; t}~ped. doable spaced. C,~ 1 original and 5 copies of nomination forni and all backup material. C~ ~ color slides (and no more than 10) for facility or pro~lram categor}-. C~ 1 color slide required for all nominations for slide presentatiotl. C~ Supportive information. C~ 2 originals of printed "promotional category" materials. C~ List of local media contacts' names and address for fonvardinR annot.tncetnents. C~ 510.00 application fee where applicable. (iviade out to ~'P.PS) C~ Application signed and postmarked by ,tune 1 ~. 199C,. .-~~~-ard cate~orv Best Promotional Effort Award Population Cate~or~- (lt appltcable) ^ Less than ?x.000 ~ ~~.0(11 - ~~•~~`~ ^ ?x.001 - X0.000 ^ Greater than 100.000 \ominee Name Roano-ke County Parks and Recreation Department -~~,z,,~,,~or~,~,~iZ~tion r~Rn~nokP~~~an~lnty Perks and Recre~~ inn Department ,City- Rn~nn nllntar State VA Z:~, 24153 Telephone \umber 640 ~R7-~~~~ Fax \umhtr 1540 387-6230 ---------------------------------------------- \ominated h~~ RnannkP f nl Intl P" rkc a_pri R~~ rP~t i ~n l~Pn~rtmPnt Contact person R i ~k Chnwa 1 to r Title P rnq rim C(l(l rC11 nat(l r .•~ddress Cite Sal Pm State VA Zip 24153 Telephone \umber (540 ~R7-Fi17~ Fax Number540) 387-6230 Signature Date[ 13 /9F Nomination Procedures *Review the eligibility requirements and selection guidelines to assure that dour nominre is zli~ible for the nomination. *All nominations must be submitted on the official nomination form as a cover pa~_e. Also provide additional supportive information pertinent to the award criteria on t}~pewriter/letter size +vhite paper. t~ ped. double spaced, maximum of five (~) pages. Additional material may include: letter of support (maximum of three (3 ), fl~~ers. programs, ne++~spaper articles, etc. (maximum of five (~) pages), and color slides (maximum of five (~) except for the facility and program +vl+icl~ may submit up to ten (lo) -please label each slide with the agency name and description. * Please address each selection criteria in a separate section in tl~e order that tl+e~~ appear in the A+vards Program Bulletin. *Note: Nominations not submitted in conformity with the guidelines may be disqualified. Population size and current membership will be determined by Society records as of December 3 1, 199. '~ 1997 VRPS Awards Program Award Category: Best Promotional Effort Classification: Basic Promotional Piece Nominated by: Christopher Austin Recreation Technician Submitted by: Therapeutic Recreation Services Roanoke County Parks and Recreation Date: June 12. 1997 ;Making printed material accessible to everyone is a promotional goal of Therapeutic Recreation Sen•ices of Roanoke County Parks and Recreation. Roanoke County Parks and Recreation distributes a general quarterly newsprint brochure listing all programs and services provided by the Department's eight recreation sections. Due to the small newsprint of the quarterly brochure, it is not accessible to participants with visual impairments or participants who cannot read printed material. Therefore, Therapeutic Recreation Services adapts the general brochure into the following accessible formats in an effort to meet our promotional goal. • Large print edition of Department's Quarterly Brochure printed in an 18 to 20 pitch large print font with black ink on white paper for greater contrast and easy reading. ~- • Brained edition of Department's Quarterly Brochure is available in grade 2 Braille by request for individuals with visual impairments. (A portion of the Brailled edition is enclosed.) , • Audio edition of Department's Quarterly Brochure for participants with visual impairrnents or participants who cannot read printed or Brailled material is available upon request. (A portion of the audio edition is enclosed.} Phone recorded program inforniation -Therapeutic Recreation Services has teamed up with a network of agencies seeing individuals who are print impaired by establishing a program hotline through the Roanoke Times and LVorld tVews "Infoline". On a quarterly basis, programs are promoted through this recorded phone format. Therapeutic Recreation Services' ability to adapt to all participants brochure needs is critical in promoting and maintaining the accessibility of services and programs to those participants seeking activities, offered by Roanoke County Parks and Recreation, to mCet their recreational needs. The var_ety of accessible brochure formats serves approximately 150 participants quarterly whether they are a senior citizen needing a large print brochure, a visually impaired participant needing a Brailled brochure, or a print handicapped participant who cannot read Brailled or printed material needing a brochure in audio format. Enclosed is a slide depicting a program participant reading the Department's Brailled edition format on programs and activities. Participant, Opal Ferris, has this to say about the accessibility of brochures distributed by Therapeutic Recreation Services, "It's just one more thing someone doesn't have to do for me, read to me." -/ Enclosures Two originals of Department's quarterly newsprint brochure Departrnent's la ~e print edition of quarterly brochure Brailled portion of Department's quarterly brochure Audio portion of Department's quarterly brochure "Infoline" promotional flyer One color slide of participant reading the brochure in Braille. One color slide of Department staff Brailling the brochure using computer software and a Braille embosser printer. Action No. Item Number ~- .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request for the Board to accept a donation to Camp Roanoke of $3,000 from Captain Ted Adams. This donation is from proceeds of the Second Annual Mud Run. County Administrator's Comments: Background: The United States Marine Corp, Bravo Company 4th Combat Engineer Battalion of Roanoke, organized the second annual Mud Run to raise money for Camp Roanoke and Toys for Tots. Summary of Information: Under the direction of Captain Ted Adams, the Mud Run was held at Green Hill Park on September 20, 1997. The event doubled in participation from the previous year and drew over 700 athletes to compete for plaques, medals, and bragging rights. Staff Recommendation: To accept a donation of $3,000 from the Second Annual Mud Run for Camp Roanoke Respectfully submitted, ,~ ~°,~/~ Debbie Pitts, Asst. Director Parks and Recreation Approved by, .f Elmer Hodge County Administrator Approved ( ) Motion by: No Yes Abs Denied ( ) Eddy Received ( ) Harrison Referred ( ) Johnson To ( ) Minnix Nickens " ~..~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 1997, AS NATIONAL HOSPICE MONTH WHEREAS, hospice care is the most humane tradition of health service delivery in the United States, providing 24-hour palliative medical care and social, emotional, and spiritual services for the terminally ill, as well as support for the family; and WHEREAS, hospice care helps patients live fully during their final days by alleviating the fear associated with terminal illness such as dying in pain, alone, and as a burden to the family; and by enabling them to remain in the comfort and security of home or home-like settings; and WHEREAS, more than 39,000 full-time professionals and 100,000 volunteers in associations with an estimated 3,000 hospices work together to serve more than 390,000 individuals throughout the nation; and WHEREAS, an increase in public awareness and understanding of hospice care will better serve the families who are faced with a terminal illness in our community and help ensure that hospice services are a guaranteed benefit for all citizens; and WHEREAS, Good Samaritan Hospice has joined the Hospice Association of America, the National Hospice Organization, and an estimated 3,000 hospice agencies, in declaring the month of November, 1997, as National Hospice Month, and are calling on all Americans to observe this occasion with appropriate ceremonies and activities. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke, County, Virginia, 1 ~...- ' do hereby proclaim the month of November, 1997, as NATIONAL HOSPICE MONTH in the Roanoke County, Virginia; and BE IT FURTHER PROCLAIMED that the Board does encourage the support and participation of friends, neighbors, colleagues, and fellow citizens in associated hospice programs now and throughout the year. 2 ACTION NO. ITEM NUMBER C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Recognition of the Finance Department staff for Excellence in Financial Reporting for the Comprehensive Annual Financial Report ~'OON'~'y ADMINISTRATOR' 8 COMMENTS: Roanoke County has again received the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 1996. This award is presented by the Government Finance Officers Association to governments that achieve the highest standards in governmental accounting and financial reporting. The CAFR is judged by an impartial panel to meet the high standards of the program including the spirit of full disclosure to clearly communicate a locality's financial story and motivate users and groups to ready the CAFR. Diane Hyatt, Director of Finance, will accept the plaque and certificate. ~~ ~, Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes\Abs Denied ( ) Eddy Received ( ) Harrison Referred ( ) Johnson To ( ) Minnix Nickens ACTION # ITEM NUMBER - /~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIIZGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 SUBJECT: Briefing on New Payment Methods for Real Estate Taxes SUMMARY OF INFORMATION: Roanoke County Treasurer Alfred C. Anderson will use this time to present information on new payment methods for real estate taxes. Mr. Anderson has made arrangements for residents to use credit cards to pay these taxes, and to access the payment system 24 hours a day from atouch-tone telephone. This payment method will be available beginning with the taxes owed on December 5, 1997, and will be expanded to include personal property taxes in the spring. ~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved ()Motion by: Denied ( ) Received ( ) Referred To Eddy _ _ Harrison _ _ Johnson _ _ Minnix _ _ _ Nickens cc: File ! ~ . A-102897-2 Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER IN ROANOKE, VIRGINIA, ON TUESDAY, MEETING DATE: October 28, 1997 AGENDA ITEM: Request by Total Action Against Poverty for Roanoke County to enter into a joint agreement with The City of Salem and the City of Covington for the management of MicroEnterprise Loan Funds COUNTY ADMINISTRATOR'S COMMENTS: ~~~~' EXECUTIVE SUMMARY: The Roanoke County Board of Supervisors previously endorsed a regional Community Development Block Grant (CDBG) application in March 1997 from Total Action Against Poverty (TAP) to the Virginia Department of Housing and Community Development (VDHCD) for a grant for $160,000 to establish a MicroEnterprise loan fund. This application was leveraged by a pool of local bank loan funds ($75,000), a Virginia Economic Initiative grant ($70,000) from VDHCD-Rural Development program and $12,847 of in-kind contributions. TAP was successful in obtaining the grant funds and has drafted a management plan following a format provided by VDHCD. Since the MicroEnterprise grant request was over $100,000, VDHCD allowed TAP an additional administrative budget of $60,000 to oversee the loan fund for a two year period. Copies of the grant application grant budget, and MicroEnterprise Program budget are attached. The MicroEnterprise loan program requires that loan applicants participate in a training program, develop a business plan and work with TAP's loan review committee and mentoring Board. A program design is attached for information. The agreement recognizes that the City of Salem is the grant administrator for the loan fund. The $100,000 grant will be divided equally among the recipients and Roanoke County residents will be allocated a loan pool of $33,333. The project oversight committee will oversee the loan pool. The Director of Economic Development has been asked to serve on the project oversight committee. Staff requests that the Board of Supervisors approve the draft agreement and authorize the County Administrator to execute the final agreement on the form provided by Total Action Against Poverty. The City of Covington and City of Salem have approved the agreement at Council meetings during October 1997. I E -~ ALTERNATIVES: 1. Approve the attached agreement and authorize the County Administrator to execute same on behalf of the Board of Supervisors. 2. Do not approve the agreement at this time. STAFF RECOMMENDATION: Staff recommends that the Board of Supervisors approve Alternative 1 and authorize the County Administrator to execute in final form, the attached draft agreement to establish the MicroEnterprise Loan Fund. Respectfully submitted: /- 1 (~(~. imothy W. ubala, Director Department of Economic Development E-1 Approved: Elmer C. Hodge County Administrator ------------------------------------------------------ ACTION VOTE Approved (x) Motion by: Lee B. Eddy to No Yes Abs. Denied ( ) annrove ag~PP~pnt Eddy _~ Received ( ) Referred ( ) To f 1 cc: File Timothy Harrison ~_ Johnson x Minnix x Nickens -~ W. Gubala, Director, Economic Development ~~ / AGREEMENT BETWEEN THE CITY OF SALEM, THE CITY OF GOVINGTON, AND THE COUNTY OF ROANOI~E .. MICROENTERPRISE LOAN FUND PROJECT COMMUNITY IMPROVEMENT GRANT ~~-~ AGREEMENT Microenterpiise Loan Fund P~ofect This agreement is made this day of 1997 among the City of Salem, the City of Covington, and the County of Roanoke. WITNESSETH That for and in consideration of the mutual covenants and legally binding agreements herein contained, the said parties do agree as follows: 1. The City of Salem, serving as lead applicant, submitted a regional application to the Virginia Department of Housing and Community Development (VDHCD) for Community Development Block Grant (CDBG) in the development and implementation of a regional microenterprise loan fund and technical assistance project. VDHCD has offered a grant award of up to $160,000 in CDBG funds to the City of Salem as the applicant for this regional project. It is mutually agreed by each party hereto that the City of Salem shall accept this award and act as the CDBG grantee complying with all applicable regulations of the CDBG program. 2. The project activities include the provision of training and technical assistance to potential loan applicants and to all borrowers from the loan fund, anti the establishment and implementation of a regional loan fund with allocations for the first year of the project being $33,334 for the City of Salem, $33,333 for the City of Covington, and $33,333 for the County of Roanoke. At the end of one year of operation, pending approval by VDHCD, all unallocated CDBG funds budgeted for loans will be pooled together from the three jurisdictions' initial allocations and made available for subsequent loans to applicants from the three jurisdictions based on the Program Design for the project. 3. The City of Salem will adopt a Local Business and Employment Plan during the DHCD precontract period. This Plan will include provisions for meeting local business and employment requirements within Roanoke County and the City of Covington. Roanoke County and the City of Covington shall endorse this Plan. 4. The City of Salem, through TAP, a non-stock corporation, acting as its agency has secuY`ed financial assistance through the VDHCD Center on Rural Development in the form of a grant of $70,000 to assist in the administration of a regional Microenterprise Loan Fund. 5. In its capacity as CDBG Grantee, the City of Salem shall assume primary responsibility for matters pertaining to compliance activities required by the CDBG Program. In this capacity, the City shall be assisted by TAP, which has been contracted through sole source procurement, in accordance with applicable regulations, to implement the project in accordance with the Program Design. ... ~ ~~/ 6. As the CDBG grantee for this regional project, the City of Salem is solely responsible for the administration of the CDBG project budget, and will review and authorize all financial transactions related to this project in accordance with CDBG program regulations. The City of Salem will be the entity empowered to request CDBG funds from VDHCD and will be responsible for establishing required bank accounts and financial management procedures including all financial monitoring and the completion~of an annual audit for submission to VDHCD. 7. The City of Salem, the City of Covington, and the County of Roanoke shall each appoint one representative to a Project Oversight Committee. Witness the following signatures: Randolph M. Smith, City Manager Salem, Virginia John M. Holpe, City Manager Covington, Virginia ~l Date Date Elmer C. Hodge, County Administrator Date Roanoke County, Virginia. State of Virginia; of to City or County Name of locality wit: Subscribed and sworn to before me this day of 1997. My commission expires 19 Signature of Notary Public State of Virginia; of to City or County Name of locality wit: Subscribed and sworn to before me this day of 1997. My commission expires 19 Signature of Notary Public State of Virginia; .of to City or County Name of locality wit: Subscribed and sworn to before me this day of 1997. My commission expires 19 Signature of Notary Public 1(1/21/97 10:56 FAX 705 543 8544 ~ 005 -L.~ `` 199 CC3i~UI~CITX I.NIPRQVEiV1;EN T CaRA,.NT PAKT ~ - ~ KUi'iJtiAL ~UlYLMAftY I.Apptirarit: - ~~ ChicfF~tcted DCCieiril: 3. t.oc~l ~ verr- teat Ad~c•eas: Roanoke Coy:^*, -- ----- Bob T ..-Jai~son, f'.h~irmaLt ._-- --P_0_~ x_24$aQ_-- - '. Ro$rlolce Courtly Board of Rnanok ~ VA 240I$-0798 Supervisors ~I_ Projcet'I`ypc: 5. i'rajtct rlarnc: 6. Contact rrsoa: TAp l;ntrepreneur Tra.iniag Annet a ~.ewis Microencerprise Assistance anri bi~aroenterpr~.ee Loan (540} 982-3859 Program Pharr: 7. !'roject Cost 8. Ra~ionat 1:'roJect: - VCDI3G ~ $ 160 ; 00o x 7Ces No If yes, list o er p2trt~cipnnts and State _ 70040 CD$G $ requeste Fed. (C`sr2xrt) _ calitt~ rnoun ~'ed_ ~Loaz~) - Lncal 75 , 0{l0 1~ Gity of Saiaa~` $33 y ~~~ .34 . Private ~ ~. , 847 2) Aaam_gke County $33 , 33.3.3 Total $ 317,847 3) Cit of Covin ton $33,333.33 9. List Activities fIatianAl Objtctiye - Natipaai Objettiv~ A., Adminisirati~n H• . ~. I11t~ti>ri ASSistsrtCe ~ Z• - --~- ~. DemolitianlClearal>:ce ~ J• ~-~- Z3. Micraeai:nrprise T~vgn ~ ~• .~ - E. Capitalization (Economic ~- Y., ~• Isl. l0. Two (Z) Cnot E1;glbility Ii.ulc: Da you ~.ave an existing CICr? Yes ~~ x_ __ No Amount Awarded ~ 'yes, percentage of ~D13'G con5tructiom completed, funds drawn down and e~cpetz ed is _ to ~ - °lo A.maunt requestrci in this proposal. ~ $ Are yoer also sublo.itting a second CIC3 proposal? Yes 1`l0 ~ Amount $ -- ~.X. ?'o the best of my knowledge and.belief, data in this proposal are frt~ and correct, tl:e proposal Iraq been d'u!y authorized by fhebovernzng borly of fire applicant, citizen parti %pation requirem~ls !rave been rnet and ilie prflpasa! wds subr~iilsedforP~7~'revtew , ChipCAdertln;str~t;ve()trcar: ~I d e El G ~ ~ mer o g - i nattir ~" Name: ~ g e, . TitlC: Cotmty Adm3ni.sCratar - TJate, March 2.4, 1997 (Please includE a Reso3ution(s) in ATTA~II-MI/A1~' ~. -See Insi CtlOris) Q~C.r-X 10/21/97 10:56 FAg 703 343 8544 ~ ~ ~ ~ r b ~. ~ O _ ~,,~ •~.• Q ~O Ca ~1 4 lh .p. tra N - ~.. r.. ~ Oa ;-ti tv ~. CS fi r' 1~ . P ' '~7 W ~ ~:, O ro o ~ m r-~ .a b r' . w rn s ri ~ n n o f1 ~ o a ~ a ~ o y ~ ao ~• ~ ~ ~ cu ~ ~ rt~ -t, o ~ w w© w o n a- * _ ~. r ~ - ~ w' ~ - ~ y C" ti ~ oa x ' ~ `~ tt7 ~ cs m m rn ov M n ti b a rr m t- ~ r* to N t~ W b rt ~ W N ~ 4 Gd O ~ i rt ~ ~ 'ii 00 ,~ ~ A ~ ~ • t n r o c .. 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C]OOOOQ N ~ c ~ orr C-7 C~~ tr1 ~ iv cn C C a] ~ t3 CrJ H rt H H H "d W t~ [x1 W Cs] `{7 a !. F r r ~ m F-+ 1-1 H I-~ H 1~ 4~+ 3 w - -~ - -- C 4 d Q m W rt f ~ 1. ~ ~i ~ I I C/~ _ = - - y o Q ~ 4d . O p, `a 3 ~E 0 ~ 2 [A O Q O Gr (~ f~ G] o 0 0 1-h W O G 0 ~8 th '_] Fh I-t~ r-n N 2d 3d ~d O ~ ~ n K ~ Q 4 ~ ~ ~Ll ed [ I ~ '. F + n n r i -n `~ m ~ ~ ~ ~ x o v o o ~ m ro m m w .fl w ~ ~ +~ ~ ~ ~ ~ w ~~ ~ d _ ~L7 in ~ ~ CX] [~ ~ ~ ~ C] rte' ---r C"~ Q cri --3 t~ ~1 y t~s vz 1D/21/97 1a:5B FAX 703 343 8544 MICRQENTERPRISE LOAN FUN]) BVbGST bRAFT OCTOBER 14, 1997 JUNE 31, 1999 YEAR 1 OCTOBER 14, 1997 - JUNE 30i 1998 SALARIES Program Specialist (eff. Nov. 1) 10.26 x 40 x 34 wks + 2 dys FRINGE BENEFITS ANNUAL LEAVE 10.26 x 40 hrs FICA 14,118 x 7.65$ HEALTH~LIF~ 14,118 x 2.02$ PENSION VUTA 8,000 X 3.7$~ WC 141x8 x .80~ I,TD 14, 118 x . 07 $ EAP 16 x 1 FICA ACCRU 4~0 x 7.65$ TOTAL FRINGE BENEFITS OTHER EILPENSES General Insurance Equipment Travel (Local) Travel (Out of Town) .Advertisement Trainzng/Tu~,tion Project Material Dues/subscriptions Space Telephone 14, 118 x 2~k TOTA,I. QTFIER EXPENSES YEAR 2 JULY 1, 19 9 8 - ,TUNE 3 0~ , Z 9 9 9 SALARIES Program Specialist 10.62 x 40hrs x 52 wks FRINGE BENEFITS ANNUAL LEAVE 10.62 x 40 hrs x 2 wks FICA 22,090 x 7.b5$ HEALTH/LIFE 22,090 x 15.68 PENSION VUTA 8,000 x 3.78 WC 22,090 x .80$ LTD 22,090 x .54$ EAP 16 X 1 FICA ACCRU 850 x 7.65$ TOTAL FRINGE BENEFITS r~oa7 10%21/97 10:56 FAX 703 343 8544 f~]008 ~~ t~TIiER E%PEN5E5 General Insurance Travel (Leeal) Travel (out Qf Town) Advertisement Training/Tuition Project Material Dues/Sul~sera.pti4ns Space Telephone 22,040 x 2~ TOTAL OTHER EgPENSES TOTAL BUDGET YFAR ~ TOTAL BiJI}GET YEAR 2 TOTAL BUDGET = h42 = 1,200 = 1,538 - 500 45Q - ~., d0a = 350 = 2,200 = 550 = 7,230 = X3,997 = 36,003 = K0,000 PROGRAM DESIGN TAP' S THIS VALLEY WORKS ENTREPRENEUR TRAINING AND MICROENTERPRISE LOAN PROGRAM The Entrepreneur Training and MicroEnterprise Program has four parts: Training, Technical Assistance, Loans, and Follow Up. Program Concept -This program is intended to serve low-to-moderate income individuals seeking to own or grow a very small business. Components of the program include business training, technical assistance, loans, and follow-up assistance. Program Oversight - An Advisory Committee has overall oversight responsibilities for this program. The committee includes representatives of participating jurisdictions, as well as business people, bankers, advocates, and staff of community organizations. The committee meets once per month to discuss program objectives, performance and needs. Participants are invited to committee meetings to discuss their experiences as a result of involvement in the program. Representatives from Salem, Roanoke County, and Covington will serve as an Oversight Committee for the microenterprise loan fund in these jurisdictions. Meetings will include update on training and loan distribution. Activities of this committee will be reported to the Advisory Committee. Loan Pools - It is a premise of this program that many low-to-moderate income individuals often find it difficult to obtain financing for a new business through conventional bank loans. Therefore, a key element of this program is the establishment of a revolving loan pool in each of the participating jurisdictions. Initially, the loan pools will be established in the amount o£ Salem - $33,333.34 Roanoke County - $33,333.33 Covington - $33,333.33 Loan pool funds may be matched, as appropriate, with loan funds received from Crestar, NationsBank, First Union, First Virginia, and Signet. This will have the effect of expanding available loan funds for each jurisdiction. Loan pool funds may be reallocated only with approval of the loan fund oversight committee. Program Eligibility -The program is designed for those who desire to start small businesses and for those who need assistance in growing their current small businesses. Businesses must be operated in one of the following localities: the cities of Covington and Salem, and the county of Roanoke. Loan Applicants or 51% of their employees must meet HUD income guidelines. Loan applicants must be 18 years of age or older. L.. 'l Program Promotion - To promote the program, brochures, flyers and/or posters are provided to all area television and radio stations, libraries, Departments of Social Services, social service agencies, and other area agencies that serve the program's target market. Program participants and program staff promote the program through informational presentations. Through the Virginia Employment Commission (VEC) a member of our staff speaks monthly to the unemployed during a session on job, career, and resource information. Brochures containing program information and program training schedules are mailed to potential program participants. Program Referrals -The program receives referrals from and makes referrals to the Small Business Development Center and SCORE. Through our mutual cooperation, the three programs are better able to assist potential owners and operators of small businesses through start up and growth. TRAINING PROGRAM Training Locations and Schedule -Training sessions are held in convenient locations that are easily accessible to the geographical areas served by the program. The sessions are offered monthly. The monthly sessions are offered on a rotating basis throughout the geographical areas served. Training Program and Curriculum -The Training Program offers five-four hour classroom sessions per month. Each program participate is given a training manual. Training includes: Session I -Orientation and Program information (1 hr.) Business Research and Resources (1 hr.), Self-Assessment, Goal Setting and Problem Solving (2 hrs.) Session II - Product/Service Description, Market Research and Advertising Plan (2 hrs.), Costs and Pricing Methods (2 hrs.) Session III -Business Plan Format and Financial Projections (2 hrs.), Legal Requirements- Licensing, Regulations, and Home-Based Businesses (2 hrs.) Session IV -Taxes and Record Keeping Requirements (2 hrs.), Risk Management (I hr.), Business Entities, Management and Tax Considerations (1 hr.) Session V -Informational Session by Small Business Owner, Program's Training Coordinator, and Program's Loan Officer (3 hrs.); Awarding of Certificates for Completion of Training (1 hr.) ~~! TECHNICAL ASSISTANCE One-to-One Technical Assistance is provided to those people who have (a) completed the Training Program as indicated by a Certificate of Completion (Awarded to Training Program participants who have attended four of the five class sessions.), or (b) completed a business plan, or (c) demonstrated the ability to complete a business plan without the need to participate in the four class Training Program. One-to-One Assistance primarily focuses on the completion of the written business plan, but also provides assistance in business and personal problem solving, referrals, informational sources, and mentoring contacts. Technical Assistance for business plan development includes: A review of the contents of the business plan, with emphasis on the marketing/advertising plan, start-up costs and financial projections if individual has completed the Training Program. If the individual has not participated in the Training Program, the one-to-one sessions begin with an introduction to the program, completion of program application and forms, and introduction to the business plan format. The one-to-one sessions strive for the completion of the written business plan by obtaining clarification of specific points in the business plan and by firming up time lines for starting or growing the business through the development of planning calendars. Technical Assistance provides a smooth transition for the potential loan applicant to meet the Loan Officer and to review the loan application process. FOLLOW-UP ASSISTANCE Follow-Up Assistance provides on-going technical assistants with program participants who are starting a business or enhancing an existing business. Workshops are offered for program participants who are business owners on record keeping, taxes, marketing, credit counseling, and specific topics applicable to specific businesses or specific business needs. After loan approval, borrowers will receive continuing technical assistance at least one session lasting one hour on a monthly basis. Technical assistance is provided on site at the borrower's business at least twice quarterly. The purpose of this assistance is to help solve problems or concerns before they escalate. Business plans are reviewed with loan applicants, keeping the Loan Officer abreast of changes in the implementation of the business plan and revisions in the plan. Follow-Up Technical Assistance is also provided by a Mentoring Board set up by the MicroEnterprise Loan staff. The board is comprised of professional individuals with small ~~/ business experience: an accountant, a lawyer, an insurance agent, a small business owner, and a financial counselor from the Consumer Credit Counseling Service. They focus on the concerns/problems of the borrowers and make applicable recommendations. Additional mentoring is provided to borrowers and non-borrowers through SCORE, the Small Business Development Center, and business owners who provide mentoring for specific product/service problems. Continued contact through workshops, one-to-one technical assistance, and mentoring provide guidance for business stability and growth. Loan Review Committee -The Loan Review Committee (LRC) is comprised of members (local bankers, small business owners, insurance agent and a TAP financial officer). The LRC will review all applications and make recommendations to the loan officer for approval or denial. The Entrepreneur Training and MicroEnterprise Loan Program's Director, Coordinator and Loan Officer will also attend the committee meetings but will not be voting members. Loan Approval -The LRC will receive loan applications with business plans no later than two weeks prior to its regularly scheduled meeting held on the fourth Friday of each month at 7:30 a.m. The LRC will review the loan application and business plans without the presence of the loan applicants. The LRC can request the presence of an applicant to address specific questions that cannot be answered by TAP staff and have not been fully addressed in the loan application and business plan. Each LRC member will record its loan decision on an appropriate form. In the event of a tie, the program dean, Dr. James "Jim" Lang, VA Tech Strickler Professor of Entrepreneurial Studies, will review the loan application and business plan to make the tie breaking decision. Loans approved by the LRC will be awarded to the borrower within a thirty day period. Lending Models -Individual Lending -Individuals who have completed classroom training and prepared a detailed business plan and an environmental assessment as required that indicates business viability may complete an application to the Entrepreneur Training and MicroEnterprise Loan Fund for a loan. The process and criteria for this type of loan will not be unlike that of a commercial loan. Credit checks through the nation credit service will be secured for all loan applicants. Individual loans will be for at least $99 and not more than $25,000. They must have at least three positive references from people who are not relatives. They must be LMI or will certify that at least 51% of the individuals to be hired by their business as a result of this loan will be LMI. ~-1 All applications must submit business plans that clearly identify the target market, marketing strategy, equipment costs, personnel needs, and a projected budget. All applications must include a plan for loan repayment. -/ TAP ENTREPRENEUR TRAINING AND MICROENTREPRISE LOAN PROGRAM UNDERWRITING GUIDELINES I. ELIGIBILITY: A. Business Skills -Borrowers must complete the Entrepreneur Training course as evidence by the completion of a Business Plan which indicates business viability. B. Income -Borrowers' household income must not exceed HUD income guide- lines for their jurisdiction, or borrowers must employ or contract to employ persons with household incomes at or below the applicable income level. C. Location Eligibility -Businesses or planned businesses must be located within the project service area of the fifth planning district. The location of the business rather than the place of residence of the borrower shall determine eligibility and the loan pool from which loans would be made. D. Credit -Applicants must reasonably explain judgments, bankruptcies, tax liens, bad checks, and 60 day past due accounts. Bankruptcies must not be within the past 12 months. Taxes must be current. Applicants must also pro- vide references (not related), who will attest to their character. E. Credit Counseling -Borrowers must attend a Consumer Credit Counseling Budget Money Management Class. There's no charge for the 1 1/2 hour session. F. Age- Borrower must be at least 18 years of age. G. Loan Amounts- Loan amounts should not exceed $10,000. Persons needing loans of more than $10,000, should be referred to banks servicing SBA loans or considering applications for loans above $10,000. If TAP's micro loan fund is the only source of funding and the business is viable, participating loan banks must be informed of the need to lend beyond the $10,000, maximum amount. At no time will loans exceed $25,000. *With the addition of a CDBG (Community Development Block Grant) Loan Pool, the loan limit for the City of Salem, Covington, and Roanoke County is $25,000. The first $10,000 of a loan will come from the bank loan pool with the remainder from the CDBG loan pool. G. The loan committee will make the final decision as to which applicants will receive the loans and the amounts of the loans. ~A G. Terms- Loan terms will vary based on the size of the loan. a. $10,001-25,000 Five years b. $5,000-$10,000 Three years c. $1,000-$4,999 Two years d. $500-$99 One year H. Payment and Collection- All loan payments will be payable monthly on the first of the month. Loans will be payable to TAP Microenterprise Loan Fund. Loan payments will commence not less than 30 days from the loan closing. Business Plan- All borrowers must complete a business plan which indicates business viability. J. Collateral -Loans will be backed by collateral to the maximum extent feasible as determined by the loan committee. K. Purposes -Business related expenses will include capital investment, inventory, supplies, services (including labor), space, overhead, and promotional activities. L. Client Files -Files will be maintained on each loan applicant which will include application, loan status, and other pertinent information. M. Agreements -All loans will be documented with written agreements executed by the Project Director and the applicant. Agreements will contain at a minimum: Loan amount, terms, interest rate, purpose, collateral, and hiring of LMI workers. Applicants will also agree to maintain records that will help in tracking of LMI workers. N. Defining and Managing Delinquency- It will be the responsibility of the Micro- enterprise program staffto develop procedures for dealing with delinquency and default. These procedures will be reviewed and approved by the Loan Review Committee and the Advisory Committee, and included herein by subsequent amendment to the Program Design. General principles should include the following: • Missed payments will trigger an immediate response within 5 days that will both assess the cause of the delinquency and alert the client that their situation has been noticed. • A formal, clearly defined collection policy will limit the need for subjective judgment calls by staff. ~-/ II REQUIREMENTS OF BORROWERS: A. All borrowers will be required to establish a separate business or personal checking account with funds received from loan proceeds. B. All borrowers will be required to establish a simple accounting system to record all expenses and income. Receipts for all equipment and/or inventory purchased shall also be maintained and expenditures recorded. C. Borrowers will be required to prove that 51 % of employees hired (including the borrower) meet the local standard as an LMI (low/moderate income) individual. The staff of TAP will assist with the documentation process if necessary. LMI eligibility must be determined prior to hiring. D. The borrower is responsible for complying with all state and/or federal regulations, licenses, and taxes. Technical assistance to identify requirements will be available through a number of channels including the Small Business Development Centers (SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), and TAP. III PROGRAMS ELEMENTS: A. Tracking and Documentation- Procedures will be developed to track all applicants and document their status as LMI eligible. B. Appropriateness Determination- All loans must be for lawful purposes, must be for businesses that appear to be viable, and must be for purposes that have secured the appropriate environmental and/or architectural clearance, as applicable. C. Priority- Should requests for funding exceed the amount of money in the loan pool, then the following criteria shall be used to help prioritize applications: a. Applications from LMI borrowers b. Minorities and/or women c. Number of potential jobs to be created d. Collateral e. Environmentally friendly f. Quality of business plan D. Training Requirements- All borrowers must have successfully completed the classroom training. E. Service Fee- All loan applicants will be assessed a $12.00 service fee for TAP's processing of the loan. F. Closing Fee- All borrowers will be required to pay a $20.00 closing fee ~! • A mechanism to allow one person to maintain responsibility for the first round of loans from origination through collection will assure that problems are spotted early and there is consistency in dealing with the problems. • A procedure will be developed whereby delinquency patterns can be analyzed to identify program weaknesses and areas for improvement. • A late fee of $25.00 will be charged for all payments that are ten days after the due date. Delinquent loans maybe referred to collection agency for collection. A loan will be considered delinquent when a payment is more than 30 days over due. N. Defaults- A loan will not be considered in default until all reasonable measures have been taken by the program staffto salvage the project. This will include steps to restructure the loan, modify the business, sell off inventory, etc. If a loan must be written off, every attempt will be made to verify collateral (if any), and assess its sale value. If the client gives possession of collateral, then sale proceeds are applied to the loan principal, and the balance remaining will be the defaulted loan. IV Loan Approval: Loans will be approved by a Loan Review Committee comprised of two bank representatives from the participating loan pool, two business owners and a community representative. Loan applications must be reviewed and approved by the Loan Officer before submitting to the Loan Review Committee. The Loan Review Committee will adhere to the guidelines specified in approving loans. revised:l0/97 (A:ILOANPACKAGE\GUIDELIN.DOC) i .,, AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION X02897-3 OPPOSING PROPOSED RULING BY THE FEDERAL COMMUNICATIONS COMMISSION TO PRECLUDE LOCAL GOVERNMENT AUTHORITY IN DETERMINING THE LOCATION OF DIGITAL TELEVISION TOWERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: WHEREAS, the Federal Communications Commission (FCC) is proposing a new rule that precludes the ability of local governments to regulate the proliferation of digital television towers, radio towers and other wireless communication towers; and WHEREAS, it preempts local decisions based on zoning, aesthetics, the impact on property value or restrictions placed on natural or historic resources; and WHEREAS, the proposed regulations require that appeals of local zoning or other decisions be sent directly to the FCC, precluding the local courts; and WHEREAS, localities are required to act on tower requests within 21 to 45 days irrespective of local requirements for notice to adjoining landowners, hearing requirements or appeal; and failure to act in these time frames will result in the request automatically being granted; and WHEREAS, Roanoke County is in opposition to this proposed rule for the following reasons: 1) The FCC is violating principles of Federalism, especially by allowing the FCC to "second guess" the reasons for 1 i 1 local decisions and reverse decisions that are otherwise acceptable. 2) The proposed new rule represents an unprecedented attack on local zoning authority by the FCC. 3) The proposed rule applies to the construction of new High Definition Television towers that may be up to 2000 feet high. 4) The time limits proposed by the FCC are unrealistic and bear no relation to the procedural requirements of state and local law, requirements of due process, or zoning law. 5) The proposed rule totally disregards property values, historic districts, natural resources, aesthetics and the like. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby strongly oppose the new rule proposed by the FCC. It requests that the United States Congress, the Virginia General Assembly, and local elected officials appose this ruling as an unacceptable violation to the authority (both legally and implied) of local government. Further, the Clerk to the Board is directed to forward copies of this resolution to the Office of the Secretary of the Federal Communication Commission, members of the United States Congress representing Roanoke County, and the localities participating in the Fifth Planning District Commission. On motion of Supervisor Eddy to adopt the resolution, and 2 • - carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~, ~~~,.~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File William F. Caton, Acting Secretary, FCC The Honorable John W. Warner, U. S. Senate The Honorable Charles S. Robb, U. S. Senate The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Wayne Strickland, Executive Director, 5PDC Participating localities: Alleghany County Administrator Botetourt County Administrator Clifton Forge City Manager Covington City Manager Craig County Administrator Roanoke City Manager Salem City Manager Vinton Town Manager 3 ACTION N0. ITEM NO. ~~ "~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Resolution opposing proposed ruling by the Federal Communications Commission to preclude local government authority in determining the location of digital television towers. COUNTY ADMINISTRATOR'S COMMENTS: 4-~° ~-~-~.P BACKGROUND: The Federal Communications Commission has informed television broadcasters that they must switch to digital technology by the year 2006. This new technology will necessitate the construction of hundreds of broadcast towers, across the country, ranging in height from 200 to 2000 feet. SUMMARY OF INFORMATION: The Federal Communications Commission has decided to consider a broadcast industry proposal that would deny local government authority in determining the most appropriate locations for digital television towers. This proposed regulation preempts local decisions based on zoning, aesthetics, neighborhood concerns, impacts on property values or impacts on historic or natural resources. STAFF RECOMMENDATION: Approve the attached resolution opposing the proposed Federal Communications Commission rule. Respectfully submitted, ,- --~~~1Z~ J et Scheid, Assistant Director Planning & Zoning Approved: G. 7~~.$,c,.l ~ Elmer C. Hodge County Administrator Approved ( ) Denied ( ) Received ( ) Referred to Action No Yes Abs Motion by Eddy Harrison Johnson Minnix Nickens C ~ .L' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION OPPOSING PROPOSED RULING BY THE FEDERAL COMMUNICATIONS COMMISSION TO PRECLUDE LOCAL GOVERNMENT AUTHORITY IN DETERMINING THE LOCATION OF DIGITAL TELEVISION TOWERS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia as follows: WHEREAS, the Federal Communications Commission (FCC) is proposing a new rule that precludes the ability of local governments to regulate the proliferation of digital television towers; and WHEREAS, it preempts local decisions based on zoning, aesthetics, the impact on property value or restrictions placed on natural or historic resources; and WHEREAS, the proposed regulations require that appeals of local zoning or other decisions be sent directly to the FCC, precluding the local courts; and WHEREAS, localities are required to act on tower requests within 21 to 45 days irrespective of local requirements for notice to adjoining landowners, hearing requirements or appeal; and failure to act in these time frames will result in the request automatically being granted; and WHEREAS, Roanoke County is in opposition to this proposed rule for the following reasons: 1) The FCC is violating principles of Federalism, especially by allowing the FCC to "second guess" the reasons for local decisions and reverse decisions that are otherwise acceptable. 2) The proposed new rule represents an unprecedented attack on local zoning authority by the FCC. 3) The proposed rule applies to the construction of new High Definition Television towers that may be up to 2000 feet high. 4) The time limits proposed by the FCC are unrealistic and bear no relation to the procedural requirements of state and local law, requirements of due process, or zoning law. 5) The proposed rule totally disregards property values, historic districts, natural resources, aesthetics and the like. THEREFORE, BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia does hereby strongly oppose the new rule proposed by the FCC. It requests that the United States Congress, the Virginia General Assembly, and local elected officials oppose F- z this ruling as an unacceptable violation to the authority (both legally and implied) of local government. A-102897-4 ACTION NUMBER ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE' October 28, 1997 AGENDA ITEM: Acceptance of a grant by the Police Department for Community Crime Prevention Services. O S O ' CO i~~ " c' UNTY ADMINI TRAT R S MMENTS. The Roanoke County Police Department applied for a grant to train six police officers to work off duty with "at-risk" youth coaching high school athletic teams. The grant has been approved by the Department of Criminal Justice Services (DCJS) in the amount of $18,481.62. FISCAL IMPACT' The grant is for $13,861.20 in DCJS federal funds (75%) and $4,620.42 in local funds (25%). The criteria of the grant requires a hard dollar match of local funds. The local match will be taken out of existing police department funds for community crime prevention services. No additional funds will be requested. STAFF RECOMMENDATION: The Staff recommends acceptance of the grant from the Department of Criminal Justice Services. Respectfully submitted, G .~ r ' ,~. -'t. L ames R. Lavinder Chief of Police E-3 cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance Approved by, Mr. Elmer C. Hodge County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: H. Odell Minnix to No Yes Abs. Denied ( ) approve grant in amount of Eddy ~- Received ( ) S18,841.62 Harrison x Referred ( ) Johnson _~ To ( ) Minnix ~- Nickens X cc: File Chief Lavinder l i. t. ~Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 RESOLUTION 10289 PURSUANT TO TITLE 25 AND SECTIONS 15.1- 236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke, Virginia, (the "County") intends to acquire a parcel of real estate consisting of 44,100 square feet, being a portion of Tax Map Number 93.00-1-44.1, and which is located on Poor Mountain for the purpose of providing emergency communications facilities (the "project"). 2. That the project is necessary for the general health, safety and welfare of the public, and it is in the public interest of the citizens of Roanoke County, to acquire real estate on Poor Mountain for the purpose of acquiring a site for a radio transmitting tower, as part of the E-911 emergency communications system for Roanoke County, and to promote the public safety, health, and welfare of the citizens. 3. That acquisition of a certain parcel of land, consisting of 44,100 square feet and related access and utility easements located on Poor Mountain is necessary for the purpose of providing emergency communications facilities. 4. That the parcel of land required for this project is owned by James L. Woltz and John E. Woltz and is identified by the following legal description: All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, r and being shown on a plat entitled °Plat Showing Property (44,100 square feet) and Access & Utility Easement to be Acquired by the County of Roanoke from James E. Woltz and John E. Woltz situate in Windsor Hills Magisterial District, Roanoke County, Virginia" prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated October 30, 1997, a copy of which is attached hereto and made a part hereof. This being portions of the same real estate conveyed unto James L. Woltz and John E. Woltz by deed dated October 5, 1993, from Eric Lee Sisler, Executor of the Estate of Lois M. Anderson, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1423, page 1101 and by deed of confirmation and boundary line agreement dated October 18, 1996, from Frank H. Terry, Jr. et als. recorded in the aforesaid Clerk's Office in Deed Book 1529, page 1802. 5. That the fair market value of the property is $107,000.00. The sum of $107,000.00 has been offered and is hereby re-offered to the property owners for purchase of fee simple, marketable title to the above-described parcel by the Board of Supervisors of Roanoke County, Virginia. 6. That it is immediately necessary for the County to enter upon and take possession of such property, and to continue its operations on such property, and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law. 7. That a certified copy of this resolution, to be sent by certified mail to James L. Woltz and John E. Woltz on or before October 31, 1997, shall constitute notice to said property owner of the offer to purchase as set forth above and the intent to enter upon and take possession of said property, to continue operations of its emergency communications facilities, and to commence appropriate condemnation proceedings, as provided for in Section 15.1-238 of the Code of Virginia, 1950 (as amended). 8. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General 2 .. ~. Condemnation Act (§25-46.1, ~ sec., of the Code of Virginia, 1950, (as amended), and Sections 15.1-236 and 15.1-238, all as made and provided by law. 9. That the County Administrator, or an Assistant County Administrator, and the County Attomey are hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition through eminent domain proceedings, or otherwise. 10. That this resolution shall be effective on the date of its adoption and the property owners shall have thirty days from said date within which to contest this taking and immediate right of entry as provided in Section 15.1-238. B. and D. of the Code of Virginia, 1950 (as amended). On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Brenda J. Holton, Deputy Clerk Roanoke County Board of Supervisors cc: File Paul M. Mahoney, County Attorney John W. Birckhead, Director, Real Estate Assessment 3 • ~ r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 RESOLUTION PURSUANT TO TITLE 25 AND SECTIONS 15.1-236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County of Roanoke, Virginia, (the "County") intends to acquire a parcel of real estate consisting of 44,100 square feet, being a portion of Tax Map Number 93.00-1-44.1, and which is located on Poor Mountain for the purpose of providing emergency communications facilities (the "project"). 2. That the project is necessary for the general health, safety and welfare of the public, and it is in the public interest of the citizens of Roanoke County, to acquire real estate on Poor Mountain for the purpose of acquiring a site for a radio transmitting tower, as part of the E-911 emergency communications system for Roanoke County, and to promote the public safety, health, and welfare of the citizens. 3. That acquisition of a certain parcel of land, consisting of 44,100 square feet and related access and utility easements located on Poor Mountain is necessary for the purpose of providing emergency communications facilities. 4. That the parcel of land required for this project is owned by James L. Woltz and John E. Woltz and is identified by the following legal description: All those certain lots or parcels of land, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Windsor Hills Magisterial District of Roanoke County, Virginia, containing an aggregate of 44,100 square feet, more or less, and being shown "???" on a survey prepared by Lumsden Associates, P.C., Engineers-Surveyors-Planners, dated a copy of which is attached hereto and made a part hereof. Together with those certain perpetual easements shown and designated on the above-described plat for purposes of access and utilities. This being portions of the same real estate conveyed unto James L. Woltz and John E. Woltz by deed dated October 5, 1993, from Eric 1 G:\ATTORNEY\PMM\WOLTZCON.RES y Af ~~ Lee Sisler, Executor of the Estate of Lois M. Anderson, recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1423, page 1101 and by deed of confirmation and boundary line agreement dated October 18, 1996, from Frank H. Terry, Jr. et als. recorded in the aforesaid Clerk's Office in Deed Book 1529, page 1802. 5. That the fair market value of the property is $107,000.00. The sum of $107,000.00 has been offered and is hereby re-offered to the property owners for purchase of fee simple, marketable title to the above-described parcel by the Board of Supervisors of Roanoke County, Virginia. 6. That it is immediately necessary for the County to enter upon and take possession of such property, and to continue its operations on such property, and to institute and conduct appropriate condemnation proceedings as to the above-described property as provided by law. 7. That a certified copy of this resolution, to be sent by certified mail to James L. Woltz and John E. Woltz on or before October 31, 1997, shall constitute notice to said property owner of the offer to purchase as set forth above and the intent to enter upon and take possession of said property, to continue operations of its emergency communications facilities, and to commence appropriate condemnation proceedings, as provided for in Section 15.1-238 of the Code of Virginia, 1950 (as amended). 8. That the Board does hereby invoke all and singular the rights, privileges, and provisions as to the vesting of powers in the County under the Virginia General Condemnation Act (§25-46.1, et sec., of the Code of Virginia, 1950, (as amended), and Sections 15.1-236 and 15.1-238, all as made and provided by law. 9. That the County Administrator, or an Assistant County Administrator, and the County Attorney are hereby authorized to execute such documents and take such actions as may be necessary to accomplish this acquisition through eminent domain proceedings, or otherwise. 10. That this resolution shall be effective on the date of its adoption and the property owners shall have thirty days from said date within which to contest this taking and immediate right of entry as provided in Section 15.1- 238.B. and D. of the Code of Virginia, 1950 (as amended). G:\ATTORNEY\PMM\WOLTZCON.RES 2 MEMBERS OF THE BQARp 4F SUF'ERVlSORS-ROAN~OKE COUNTY: re: Condemnation of poor Mountain Tower Site To whom it may concern, 1 apologize for not being able to address the Board personally with regard to the proposed condemnation of my property on Poor Mountain. With only 5112 hours notice of the meeting however, 1 was unable to rearrange my schedule. There are several important points 1 feel the Board should recognize before making a decision on this matter today. 1. The Terry family, referred to in the staff report, never owned this (and. When the boundary issue with the Tenys was finally resolved I honored everyone's lease that had been erroneously negotiated. 2. The lease referred to between the Tenys and Roanoke County had been in existence for over 10 years with no increase in rent. 3. 1 offered Roanoke County a cease for an additional 7 0 years based on other leases I have on the property. They were never given a notice to vacate and could have continued their operation without interruption, Many things have changed in the communication industry over the past 12 years and rents are one. 4. Poor Mountain is noted as one of the best tower sites in the state. With its 4000 foot elevation it allows penetration into North Carolina and Wes# Virginia -not to mention a large portion of SW Virginia and certainly the Roanoke Valley. ~. I have other leases similar to Roanoke County's that are soon to expire. As they expire they to will be subject to substantia) ina~eases fn their rant. The rates will be in excess of the rate offered Roanoke County. The rent offered to Roanoke County was reduced in order to have less of an impact on EMS. It should have been $30,000 per year. 8. When asked to give Roanoke County an opportunity to purchase this property I reluctantly negotiated a price with Elmer Hodge from over X350,000 down to $225,000. I was told the Board had agreed to this price. All negotiations with Mr. Hodge representing the beard in this mater ware made in good faith. ~. !find the appraisal to be very limited in scone and depth. The appraisal gives no consideration to the impact on the remaining farad 1 own after plucking out an acre from the heart of the tract, not to mention the deeded access required through my land. I further question your appraiser's knowledge of the communication industry. 8. With Roanoke County in control of permits and permission, 1 fear the impact on my potential income from other sites. This wil( certainly become a factor in assessing any additional damages or financial impact. I appreciate any consideration you cart give mein this matter. I wilt gladly continue to offer Roanoke County a site from which to operate their communication system. Sincerely, Jim bltz cc: Robert i•iawthome, Aftomey at Law Edward Nat, Attorney at Law . ~ ACTION NO. ITEM NO AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 ~'- y AGENDA ITEM: RESOLUTION PURSUANT TO TITLE 25 AND SECTIONS 15.1-236 AND 15.1-238 OF THE CODE OF VIRGINIA, 1950 (AS AMENDED), AUTHORIZING THE ACQUISITION AND IMMEDIATE RIGHT OF ENTRY OF A PARCEL OF LAND AND RELATED ACCESS AND UTILITY EASEMENTS OF JAMES L. WOLTZ AND JOHN E. WOLTZ FOR THE PURPOSE OF PROVIDING EMERGENCY COMMUNICATIONS FACILITIES BY EMINENT DOMAIN PROCEEDINGS COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: This resolution authorizes the commencing of eminent domain proceedings to acquire a parcel of real estate consisting of 44,100 square feet located at State Route 612 on Poor Mountain from James L. Woltz and John E. Woltz for a radio communications site for the E-911 system of emergency communications. Immediate right-of-entry upon the existing emergency communications facilities site and necessary easements through the property of James L. Woltz and John E. Woltz is required in order to continue emergency communications operations for the E-911 system in Roanoke County. To avoid disruption of emergency services, it is necessary to enter upon and take such property prior to the condemnation proceedings. BACKGROUND: In 1985 the County secured the consent of the original lessee (Western Virginia Emergency Medical Services Council, Inc.) and the previous owner (Frank Terry) of this property on Poor Mountain to use this property as a co- tenant for a radio tower site for the E-911 system. Annual lease payments were $500.00. In 1996, James L. Woltz and John E. Woltz acquired this property from Frank Terry. In the Summer of 1997, Woltz proposed a new 5-year lease with an annual rental of $21,600. Woltz is demanding $225,000 to purchase a portion of this property (50' x 100'), subject to certain limiting conditions. The County has secured an independent appraisal of this property to determine fair market value rental, as well as the fair market value of acquisition, in order to determine the feasibility of leasing or purchasing this tower site. G:\ATTORNEY\PhIM\WOLTZCON.RPT 1 s / SUMMARY OF INFORMATION: The emergency communications facilities site is 44,100 square feet located on Poor Mountain, and is a portion of Tax Map Parcel Number 93.00-1- 44.1 on the State Route 612 in Roanoke County. Permanent access easement and utility easements to the emergency communications facilities site is also necessary. The County's independent appraisal, which has been offered to the owners as required by Section 25-46.5 of the Code of Virginia, is $107,000.00. Mr. Woltz has rejected the County's offer and the parties are unable to agree upon the fair market value for the acquisition of this real estate. FISCAL IMPACTS: $107,000.00 from the General Fund Unappropriated Balance. STAFF RECOMMENDATION: Because of the critical public safety elements of emergency communications, it is recommended that the County purchase, instead of lease, this emergency communications facilities site. Staff recommends that the Board adopt the attached resolution authorizing immediate right-of-entry to the property in order to continue emergency communications services, and the commencement of condemnation proceedings. Staff further recommends that the Board appropriate $107,000.00 to be deposited with the Circuit Court. Respectfully submitted, J ; ~,~ ; . f a i ~ , ~:'~~. ~~ ,~, ;, , ,~.~ Paul M. Mahoney County Attorney ~~ Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Eddy Johnson Harrison_ _ Nickens _ Minnix G:\ATTORNEY\PNIM\WOLTZCON.RPT 2 ACTION NO. ITEM N0. 1~~ _ -3 ~- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Requests for Public Hearing and First Reading for Rezoning Ordinances Consent Agenda COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The first reading on these ordinances is accomplished by adoption of these ordinances in the manner of consent agenda items. The adoption of these items does not imply approval of the substantive content of the requested zoning actions, rather approval satisfies the procedural requirements of the County Charter and schedules the required public hearing and second reading of these ordinances. The second reading and public hearing on these ordinances is scheduled for November 18, 1997. The titles of these ordinances are as follows: 1) An ordinance to rezone 10.35 acres from R-3 to PRD to construct a planned residential community, located 200 feet west of the Chukar Drive cul-de-sac, Cave Spring Magisterial District, upon the petition of Jackson Assoc. Limited of VA. 2) An ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots, located at the end of Toddsbury Drive, Vinton Magisterial District. upon the petition of Falling Creek Development, L.C. 3) An ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities, located in the 1900 block of Washington Avenue, west of the East Vinton Plaza, Vinton Magisterial District, upon the petition of W.H. Olive and Jacqulin Logan. 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 November 18, 1997. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1 through 3, inclusive, and that the Clerk is authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this action. Respectfully submitted, Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by Eddy Harrison Johnson Minnix Nickens Yes Abs ~'`~ ~/Z2~4? ~ '~ 31z5Jp/ c ror sta/f use orrly~ ---- ---- ---- -~------- ------F.. _ COUNTY O[~ ~i0AN0}CE ,,afe -; rj received by' DEF'-i~. OF ['CANNING AND ZONING ipplic~tion fe : F'ClBZA d. ~7.OII Rernnrd i?r . ~T- P.O. Box 29800 placards issue E30S dare: Roanoke. VA 2'10 ~ B [O~/6 `17 ' ( Silt)' 772-2.068 FAQ fS~iO I 772'-~ I (la Casc Number: ~ .~ / ~ // :i: r• :E~ :i• , , I ~~~1 ~~ri~~r~~`` ~ L ~~, ------- -- - - Check type of application filed (check all that apply): LXJ REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: Jackson Associates Limited of Virginia Phone:540-224-2621 AddrP.SS: P O Box 21 721 Zip Code: 24018 Phone:540-224-2621 Owner's Warne: Jackson Associates Limited of Virginia 24018 Zip Code: Address: P O Box 21721 (-ovation of property: Tax Map Number: 87.08-3-12 Two hundredf~twest of the Chu~rDr Magisterial District: Cave Spring cul-de-sac. Community Planning Area: Cave Spring Size of parcel (s): Existing 7_oning: R-3 10.35 acres - ----- Existing Land tJse: Neighborhood conservation sq.ft. :~: PfnppSP.d ZOning: PRD For SraH use C~^•iy Proposed Land Use: Residential use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? X NO IF NO, A VAn^I.~.iJCE IS REQUIRED FIRST. YFS _ _ Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF NO, A VARIANCE IS REOUIRED FIRST. X If rezoning request, are conditions being proffered with this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in erg=r to: Is the application complete? Please check if enclosed. APPLICATION W1LL NOT BE ACCEPTED IF AfJY OF THESE ITE~~1S ARE MISSING OR INCOMPLETE. ros v ti~ ~ Consultation $ 1 /7_" x 1 1 ' concept plan Application fee >. ~.. Application '~ y± ~. ?':~ ''Mr;tes and bounds description '--< Proffers, if applicable '>.J Justifiration ,;, Water and sewer application Adjoining property o~•~na_rs l hereby cerrily that l am either the owner o/ the property or the owner's agent or contract purchaser and ~m ar.ting with the krrowled r ons /the owner. Agent for Owner O'frner's Signatrire: / _ ------ --- ~-~ (QUAIL RIDGL~ ~rnx n~~nP x~.ox-~-12 TEXTUAL STATEMENT Purpose: The purpose of this request is to allow the development of a zero lot line detached planned residential community. The intent is to develop the housing units on the northern portion of the property and allow the sotitl~em portion to remain naturally vegetated. The pond, gazebo, and walking trails will be developed for common use by the entire community. This property is bordered on the east by nnrlti- family development and on the north and west by single family residences. There are forty-two living traits planned for this PRD. The existing R-3 zoning classification would permit 120 units. The preserved greenspaces and creative stormwater management facility will serve to produce an environmentally sensitive development. Proposed Use: Residential (PRD) Land Use: Neighborhood Conservation Current Zoning: R-3 medium density multi-family residential district Acreage: 10.35 acres C'ornprehensive Plan: The proposed use of this property is encouraged by the Roanoke County Comprehensive Development Plan. Proposed Conditions: The site shall be developed in substantial compliance with the conceptual site plan, SK- I ,dated 2 I August 1997 as prepared by Jones c~ ]ones Associates, Architects PC. JONES & JONES ARCH TEL:1-703-366-3613 Oct 03,97 13:41 No .001 P.02 ~~~ '~-~ / ~1A11, RIDGE S 1'FF, 1 NFQRM1ITTON Section 30-~7-5 (6) l thru 3U-47-5 (C )l0 Item 1 The site Ix~undaries areas indicated by drawing 5K 1 dated 21 August. 1997 prepared by )ones '' )ones Assoc:iptt+s, Architects PC. Item ~, The c„rrent zonins is R-3 medium density nnt,lti-family residential district. lrcm 3. 77ne purpose of this request is to allow the development. of a zero lot line detAC)red pfannal residential community, Tiro intent is to develop the housing units on tllc northern portion of the property and allow the soc,thcrn portirnn to remain naturally vegetated. The pond, gazebo, and walking i.rails will be developed for c:omnnan use l,y the entire corrununity. Tl-e property is bordered on the east by multi-Family developnncnt and on the north and west by si»l;lo residences, Tltere are forty-two living calla planned for Ibis PRD. 'Tlc^ existing R-3 coning ciassif cation would pernlit 120 units. 77nc preserved green spaces and cre.~ntive stormwater nnanabromant f'acitity will serve t.o produce an cnvir•oumentallY sensitive dcvelopmennt Item 4. 7'hc existing site is mostly wooded with an average slope of approxunately thirty percent. A natural drainage course runs from the west boundary down to the south east corner of tl-e site. It is the ir.;ertt of this design to corlst rust the pond and stormwater management area in this drainage area. 1tC111 5, 7'he proposed use for the entire site is residaltial. '1'hc specific development. elements are; Total sits setback: 35' - 0" Individual lot set backs: Front 25' - Q" Sido U' Sidc lU' - 0" hear ZS' - U" Building coverages Total dennsity: Item h '1'Inc site circulation is as indicated by drawing SK.1 dated 21 August. 1997, prepared by Jones cF. )ones Associates, Architects PC. Vehicular access is from the sourtheast entrance oftha site and t-,rn nvrlh to an intersecting road running east/west. This road will be paved with curb and gutter err each side. Each unit. will have a double car garaLe with additional parking area for two velnic)es. The target market for this development. is the age group of fill y years elect older. Vehicle trip Keneration for this group is typical in Lhe four to five trips per day range, Additional pedestrian circulal ion is provided along tlne southern portion of t},c site by way of a w,alki~ng path aloang the pored and gazebo. '~---~ -)tent 7. The site is not presently serviced by public water and sewer. Tire developer will extend water and sewer lines to ~servc this site. ~~~~~ G~j ~ ~ y~ [Iorrn R%The open space cold recreation areas are as indicated by drawing SK] dated Z] August 1997, prepared by Jones ~ )rnies Associates, Architects PC, ~~~ Item 9. The buildings will have a nlastcr suite, living room, dining room, kitchen, laundry and double car garegc on the \ ~ ground level. tiuest room and bath rooms will lee located on the secatd level. The exterior material of the building will ~ be redominantly brick with accents of EIFS and vinyl trine. The roof material will be fiberglass shingles. ~' •~C` ]tem 1 U. 'I'hc project. will, Be crnistrueted in three phases. The first phase will begin in April ] 998 with the entry road, ~;( ~~ ` utilities and units I -10, (southeast portion of the silo). Phas® two with be units l 1-22 and the appropriate infrasrxuctnu•c ~"~ (nortl-eASI pvrtiwl of the site}, 1'hasc these will beth~ remaining units. Tllc scheduling of phases 2 e4L 3 will be e/~v~ ~j r ~~ dctcrrninc•d by the progress of phase 1. ~'/ ~v~ J ~~ ~ ` / ~, V `~ V_/``G J ~~Z~i ~ v ~~ z ~ ~ ~~ ~ -~ a a ~ ~ C~ ~ 0 Q U ~ ~ ~ ,~ z - ~~ s. H ~ ~ --~ h ~z? ® ~. ~ w w - ~ A~~ ~ a~ ~ H 0 ` ~ _ \ ® \ ~ 0 m ~~ ^ r~ ~~ i r h Z R n n Z'~ J l~ V ` ~ 4 ~. S w-, v= O~ V ~~. H11'73"~W - .~ ~.ti .. va.c'7 UR Hwy Y-i:::, '~^ i ^r ~O G ' ~ oy'Q . `~ H ^W000 AI k ~ ~ ~:?_ BRIST `'~. .~ p 9p ALE ~ .1` m ~?:-: 9 , 1., a s~ oo y:~. RD b ,~aa ~ y. * •. ~w~E 5 6 1~°r .y s £' vP o~ S< ~$ a aRr o ~ ~ 9a~~ 7tO~ ~'1 H G~ o. 9 90 q, 6G ~ ~Py ` ~: • MEN ~~ ~~9,f`~g, ~ .. r -:ash ~ 1~~'~. OTA~' 4. l' tP' ¢:i:<• Y ~' 1 c ~ a~,~, ~~p~ ~ K c~`~~ o...:.'. OLD ROC) 0 ~ ~ NT/NC 7400 d ..`• •4:>?:~..,.'~'`'~ ~ . APO, ti~ ' ~OSJ1G a ~•`~`%'Q .. F ~ L NORTH y30 J.~tici ~ ~ /. ~u>j ~_ / ~ 1.Y H f ~ \ ss O i 7 '~ ,.,.. ;.~a } - .,~ °~ < -„ x m~~ ~ ~ aoru -~ \ t 3 ~;. N • \S i '~ J ¢- O O ~~ .~~ o ~n4o ~ 0 ~1•' ~y 4gn y ~ our a1 3.- 1L ~ 8 .. o u '~~ .N .m • ' 'a a _ s....+\ '. .s (~ ~ i iia:°a s . u Qi ~: { _... ... ~ _ o© ~:~.:_ o~ • ~ o ~rYq. ~/ O . ®~aQ ~ r.m , / 4 ~ n o© .:~ . ~,~j .~- ~ CJo K ~- \ .D i. ... a .., a v.l ~ ~ 1 O ~-~i / r ~ Yia :. y.. . " 0 - .. ~ .. O 4 jj{ a~ I ~ I I 1f 1 r r /- ` vn ary \C .. • .... ~~ Z ~r ,, 'y '~ ~~a ~«.. + $ ~ n.i .... . . :~ .< .~.. \ \ q~ n - JACKSON ASSOC. LIMITED OF VA _ ~"' DEPAR'TMENT OF PI.ANNIi~'G R-3 TO PRD AND ZONING 87.08-3-12 ~.,, - ... ~~~ GIs (4~~ :,...,~ ~oiLt,~ ~ For staff use only ~= ~.,. COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Or.'.. P.O. Box 29800 " Roanoke, VA 24018 c 540' 772-2osa i=A ; c54o ~ 772-2 ~ 08 date receive y, received by• application !6Z?. da;-• l/" placards issued: 90S dare: Case fVumber: ~~' `/ Does the parcel meet the minimum lot area, ~vi~t::, and ;rontage requirements of tine requested dist::ct? YES X NO IF N0, A V;~'~A.`~CE IS REQUIRED Fit=SST. Does file pa(Cel meet the minimum criteria 7C,' t'3 feQU2Sted US2 lype? YES ~~ NO Ir N0, A VARIANCE IS REQUIRE) FIRST. I. rezoning request, are conditions being prc~,°_.'c= wit,'l tats fe~Uest? YES ~+0 X :::::::::::::::::::::::::::::::::::::::::::::::::::::::::i. _ Ji='i ,':.~..i.Tt~''~~'•~"'~' 'i:iii'i~~~~ =x'=ii;sE:;::::::iisisiiii::isi~i:"i~5`i•`.~['i'``5isisEasisisisii'i`i`iiiE'•ijiisisi'iisi~iiiiiiiiiii'7iiii_^[i[i i.[;~ VarlanCe OT ~eC'lon(SI OT tree Roanoke County Zoning OrGlnaflC~ In C:,.=: :... Is the application complete? Please check if enc.csad. APPUCA T !ON WILL t`tOT EE ACCEPTED 1= A.,\'! OP THESE ITEMS ARE MISSING OR INCOti1PLE T E. ws v wa ' v ws v Consultation 8 1 /2" x i i " concept plan Application fee Application `:`.~ Nfetes and 'rounds description Proffers, if applicacle ti:% Justification ~µ^°~ Water and sewer application Adjoining property owners l hereby certify that ! am either the owner of the property or the o~~ner's agent or contract purchaser and am acting with the knowledge and consent of t~%2 owner. Ov~iner's Signature: :.: .:.. ~ - , . . i :: ... .~+ •~• 3 .' ........ Proposed Zoning: ~1R-~` ~~ M~ start use cam;; Proposed Land Use: Divide into 3 Building Lots ~~use Type: ' ~ ~ ` %~ • ~ For StaK Use Only: Case Number ::::::::_r~::~?:~ : ::::::::::::::::::iii:;::c,':.':'S:"'~'q''c''''''~'''a'''::"'°'<g'`''i`'~ ~ ~ !:•.....:.:.:....:.... ~ .~ ' :• ............................ ~plicant i he Planning Commission will study rezoning and special use permit requests to determine the need anc justification for the change in terms of public heal;`, safety, and general welfare. Please answer the fellc•::ing questions as thoroughly as possible. Use additionai~ space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well ~s ;;~~ purpose found at the beginning of the applicable zcring district classification in the zoning ordinance. The subect property lies east of and~ajoins Lots 18 and 19 of Falling Creek Estates. The north side and east side of the property is zoned AR-1 and is being developed as Falling Creek Estates - Section 8. The property on the south side is Lot 26 Falling Creek Estates - Section 5. The property is completely surrounded by residential lots and re-zoning would be in keeping with current zoning in the neighborhood. Please explain how the project conforms to the general guidelines and policies ccntained in the Roane<. Ccunty ~mprehensive Plan. The project as proposed does not conform to the general guidelines anti policies . _ ?lease describe the impact(s) of the request on the Yrcpeml itself, the adjcining properies, and the s:: r. :.::nding area, as well as the impacts on public services and facilities, including water/se~r~er, roads, schools, parfcs/recreation, and fire/rescue. The property is (as stated above) surrounded by existing residential properties and by property being developed as Falling Creek - Section 8 which was re-zoned in June, 1995, to AR-l. Toddsbury Drive is currently being extended by the north-east side of this property. Water and sewer to be furnished by the town of Vinton. A maximum of 3 Lots total will e created, therefore, impact on schools will be minimal. Fire hydrants ~re being installed in Falling Creek - Section 8. I• • • ~ ~- ~ ~ _ I _ ~- ~ ~ \ ~ _ h a ~. -- ~- ~1 ~ lU ~~ ~. .-~'^ 4i ~ ;~~ ~ .-. n O ~ 1 ~ . i ~U,° ° l ti ~ ~' oo l ~ a o o v ~ _ ~~ ~ 2 '~ ~ O h z I ~ "- M.vS.Si•t0 N I ~ ~ a Q ~ .~, A w ~~ ~ ~ i ~~ ~ ~ ~. ~ . 2 , ~ ~~ ~ ~ ~ ~o ~~ a~ a ~^ V~ ~ I ° z W ~ ~ ~ Z O ~ ra v ~ ~~ ',` ~, D ~ \ V ? o ~ ~~~ ~: b/J '~ - gF. 9/ .60 N -~. ~„_,, ~ c ~ Q~~ ~ ~ ~ f o ~QZ j R ~JD' pl'p ~~ •~ O v J v o ~o / ~ ~ ~~ . a ~ ~~ ~ ~ ~ J ~J o ti ~. J ~Q 1 „o ~ ~~ TQ h~ ~aTe O ~Q ~ P` Q O Q ry a °' OHO o00 ry ~ ~ ~ v MGp~ OG / ~ h ZO Jo ~ ~~~~v ~ 0 h C 2 .' p ~ t~ Y / G O ~ ~ O ~ ~ . ~ ~ R ~ v0 ~ O ~ ' B`• ~/mob/ V \ l I ~ ` N 1 \ = Q N ~ a \ \ ~ ' ? g QUO \ J p t~ Z r~ ~'lUQ O ~„ 41 UI lye Q 2Y~ O ~tI U ~J ti~~ ~yti ~~ ~~ W p him ~ . i Z V O ~p ~ 1 ~ ` J\ s ~ S p O V ~ ~ O may. ~ , ~ \ '.mod' hj~ 7 /1 O ~~/6 ~ ~U {~ ~ O ~ _.. h o`' ~\~ y \ ~ ~ ~O 4 69.]1 x Itl s+ es xca ~~~~ p~G ~.~ ~ `~ `. = ~ I i ~iw C.+...ry\ -~ /~~ ~ 3 i zz _: s:%/ ~y -. w Zf +~ . A { ~~ ., N' 20 ~ ~ ~ 1 az,e ~„ .r F 3 i ,~ ~ f ^. x 1 ~ ~ o + li 2.2T 1c IL ~ ~ 2 16 •~ 2.1,1< ~ =~ P~,3 . 2.rlc atp ~ /~~~~ .rK ., 0 1 ]9.91 x A ~_3 \, v O u•' 14 C /r ' '• 31 r, ~ 21 3 r Q J d .a ~ ~ •' at if S. ]. SC (66x Q. v ' i Il~rf ' ~}7 r !OY 1 rr r + f ` ~ c ~ !S l ~ b e ~''', ..,,,/// / A c 1177 • ~ ,~• r 70 1o J <S a = ' 'w~. ' ~ .. ~ .o~ ; i yeylr . \ ~ ~ ~ Lire.i Ce.+r~ / r ", 69 IV , yU ~ ,»~ r 16 24 ~ a ~ / ~~ ... 1ir~ :! _ 25 2H r 68 ~ 48 ~• 1yr t _•'• LS d ' .e11 eti ~ S~.' l1~, 1'!! ~J/IO t .Ve^I~ ~~" N.b/C 07 29~ Jl~~ Q~ 26 ° 2B ~ p.l04IC] ~~~ 67 ~~ ylfp ~7 1 14 s iopl ~ .. -._. .-_ ~ , e.:].~ ~- ~,~=~:..~~ ~' ~ - FALLING~.CREEK.~DEIIELOPMENT, LC _ - ~ DEPAR~MEN'r ~ OF FI,AIV[vIrTG AG- 3 TO AR AND ZONING _ p/o 51.03-1-1 , '_ ~ ~ w ,.1. - _ - s~ ~C COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr.• P.O. Box 29800 Roanoke, VA 24018 ( 5t; 0' 772-2068 FAX (540) 772-2108 For staff use only dater ce'v d:' recci~ied b•/: ~^-'~ appli atiop (ee:~ PC/BZA da;e: placard ,SSUed: ~,'u 80~dat_: t• ~; , ~ , Case Number: ~~~ k Check type of application file (check all that ~pplyl: SPE IAL USE O VARIANCE Cl REZONING 1 1 ~ Applicant's name: t 1 v~' ~ ~~- QU- 1 F~ ~ , ~~ Phone: Qj~jZ-~~l • - J Address: ~ ~ ~ G ' ~~~~>Q~ JT ~ v t ~~ V 10 ~ 2 rr /~ J Zip Code:~~(7~ Owner's name: ~~ t ~~ ~c~:c r <., Address: Phone: ip Code: ~^ a ~. ~,~ Rl~ Location of property!7„~~ ~, ~~ ~ ~''~ ` Tax Map Number: ~ .. / ~~~ 1 ~~ ~ 1G15 ~ ~ ~a ~`.lagisterial District: ` ~~ ~ l.~Yd.-~l 1~ ~ ~.1 Community Planning Area ~ ~ p~ Size of~rcel (s1: Existing Zoning: ~ _ ~, ~-(-{---c ~,~ ~J~ ~ (~ t~ ,~ ~~c ~.. r ~, .L~,!~~ ~ `acres Existing Land Use: ~ pq.ft. ~'a' ~-: Q .y ..l Proposed Zoning: ~ ~. ~ r ~ Proposed Lan Use: '~ t~~ rn ~~l ~Q~,da~J ~, ~ . p ~~ For Staff Use e~;y Use Type: ~ ~ Does the parcel meet the minimum lot area, ~~+iG~~, and frontage requirements of the requested dis;:i~;? YES ~ NO IF NO, A Vr,'~~.~JCE IS REQUIRED FIRST. ~ NO ? YES _ Does the parcel meet the minimum criteria fer t`a requested Use Type IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being pro;;e~=d ~+ith this request? YES NO ;;t:: Variance of Section{s) ~ f the Roanoke County Zoning Ordinance in c.~_r to: Is the application complete? Please check if enclosed. APPLICATION WILL T`}OT BE ACCEPTED IF ;,NY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws wa ~ ws Consultation 8 1!2" x 1 i " concept plan Application fee Application ~'~ Metes and bounds description <; Proffers, if applicable Justification ~w^ Water and savver application Adjoining property owners ., ,~ l hereby certify that l 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. Ov~+ner's Signature: ' Foi StaK Use Only: Case Number ~pllCanL rlease explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as t:~a purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. J1 ~ ~ S IP;ease explain how the project conforms to the g=_reral guidelines and policies contained in the Roane~a County mprehensive Plan. ~~l 5 .~ i 7~~ 'EL ~o r S C~ ~ ~ 1 i ~ - i ':lease describe the impact(s) of the request en t`e rrcpery itself, the adjoining properies, and the sur:c;:-cing area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. ` a f c c [ l c~ ~ S ~~ ~. ~~ t~ ~ 1L 5 ~ wt faG "1 ~ ~ S ~- J ct ~ ~`i L ,~ ~Ll ~ ~ ~ ~ ~ ~G, d ~ ~ n~ ~ ~ ~ ~~ ~ _ ~j ~ ~ ~ t Lv~' S ~ IJ ~- 4J Gt' . ,~ the Planning Commission will study rezoning and special use permit requests to determine the need anc justification for the change in terms of__public heap`, safety, and general welfare. Please answer the foilc~::ing questions as thoroughly as possible. 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Va. 'l ~ ` ~ .^'` tgg'. ~~ 55 ~ s ~ Go1 P •~~ ' P`a O ~~ ~ ~ pI.PZP~ I.I a~oc~ y~.c ~//~ ~ i9ti-VE' S34AC tg/ V ~ ~ Ci Z V/1.3 i/ i ~ I ~~~o ~9 ~ ~ i 00 ~ x 80 l V~^~o~ 1.2 ft a 7.92 3~ ui,~c`~ v ~~gZG ~ i ~ (/'~, ~~~g18 °c `RS ~ ' 'OOp9 p~° / i s ' ~• ~ oSh~~4~on 2.50 Ac. '/ /`fl Zits ~ .'Z3 Zr1 2 G' C' 8 ~ t wM j6~ ~ / ~tg19 tg-0 Ac ,. / 12 ~,~ i V 6 \ ,/ S tgt3 0 "" x»• c• ~n py• f ~- ~i C- ~ ~ I ~-~ - / ~ I 4.1 ' ... __,~ 5.07,~,c ' I; 4 ' - _' 9 A~ 1.13 Ac ~~ /7J6 1 _ ..3 JCS' 2 _ ~. _ . _ ~ _ - i.,.. _ ~~..' _ ~~ " - DEPARTMENT OF.~PLANNII~'G^ "~ SPECIAC'USE•PERMIT'" >' ~~ • AND ZONING p/o ~- 61.15-1- l . ~ •: ~- t AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-6 APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH OHIO STATE CELLULAR PHONE COMPANY, INC. FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, the Board of Supervisors denied a request from Ohio State Cellular Phone Company, Inc. ("OSC") for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial; and WHEREAS, counsel and staff for the parties have explored a variety of opportunities to resolve this litigation and it appears that the Catawba Fire Station site may provide a suitable alternative to the denied site; and WHEREAS, counsel have negotiated a lease which addresses the mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 28, 1997; and the requirement for the second reading was waived as provided by Section 18.04 of the Roanoke County Charter as an emergency measure to settle pending litigation. WHEREAS, the County acquired this property from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That it is in the County's best interest to lease a portion of this property to OSC in order to provide a site for the location of a communications tower. 2. The area to be leased by the County to OSC is for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map No. 7.00-1-29. 3. That the term of this lease shall be for fifteen (15) years. Both parties may enter into negotiations twelve months prior to termination of lease. The Board hereby appropriates the rental payments under this lease to the Catawba Volunteer Fire Company for the support of its public safety operations. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. On motion of Supervisor Harrison to adopt the ordinance as amended by Supervisor Nickens and to waive second reading; and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: .~d Q~~~...> Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Rick Burch, Chief, Fire & Rescue Terry Harrington, Director, Planning & Zoning John W. Birckhead, Director, Real Estate Assessment 2 .• ACTION NO. ITEM NO . ~7~! AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH OHIO STATE CELLULAR PHONE COMPANY, INC. FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of this settlement with the understanding as follows: (1)Rent received will be awarded to the Catawba Fire Department in addition to any other funds they may receive from the County. (2) The county will make every effort to get additional land from the State of Virginia to accommodate the tower AND future expansion of the building. Discussions are already underway. (3) If we are unable to get additional land in time for the tower to be built, recommend approval with the understanding that the County will assure Catawba Fire Department that this will not be an impediment as future expansion occurs. EXECUTIVE SUMMARY: This ordinance approves and authorizes the execution of a long-term lease with Ohio State Cellular Phone Company, Inc. ("OSC") for a communications antenna tower site on a small parcel of real estate located at the Catawba Fire Station. Approval of this lease and the grant of a special use permit would settle the pending federal court litigation between the County and OSC. BACKGROUND: On November 19, 1996, the Board of Supervisors denied a request from OSC for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. On December 19, 1996, OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial. After a variety of legal proceedings (motions, hearings, depositions, discovery, etc.) trial was scheduled for September 25 and 26, 1997. Counsel and staff for the parties have explored a variety of opportunities to resolve this litigation. It appears that a variety of technical and practical obstacles prevent co-locating these communication antenna on the existing AEP power line towers in this area. It does appear that the Catawba Fire Station site may provide an almost equivalent (although not providing the precise level or extent G:\COMMON\OCT14\OSCLEASE.RPT 1' l of coverage) alternative to the denied site. Counsel have negotiated a lease which addresses the mutual concerns of the parties. If this lease is approved, and if the Board, after the required public notices and hearings, grants OSC a special use permit for this site, then this litigation can be settled to the parties' mutual satisfaction. SUMMARY OF INFORMATION: This matter was originally scheduled for consideration at the October 14, 1997, meeting; however, action was deferred until this meeting in order to address certain lease terms. Lease terms have been revised. It is recommended that the Board waive the second reading of this ordinance, as an emergency measure (this requires a four-fifths affirmative vote of the Board), to settle pending litigation. The key terms of the proposed lease are as follows: 1) The location of the leased area for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities. each. 2) Term: 15 years with (2) additional renewal terms of 5 years 3) Base rent is $325.00 per month, plus an annual CPI escalator. 4) OSC shall maintain a $1 Million commercial general liability policy covering its work and operations on the site; it will remove at its expense any above-ground improvements upon termination or discontinuance of the lease. 5) OSC will re-locate and accommodate public emergency communications equipment on the tower at its expense; OSC will accommodate co-locating communications equipment of an additional provider on the tower to minimize the proliferation of towers in the vicinity, at a reasonable cost. 6) OSC will conduct its operations in such a manner so as to not interfere with the public safety responsibilities of the fire station. 7) The lease limits the height of the tower to 190'; it addresses the aesthetic appearance of the structure; and provides that no lighting shall be installed on the tower (similar conditions from the special use permit). The Catawba Fire Station property is 0.894 acre; the fire station building is approximately 4,555 sq. ft.; and there is approximately G:\COMMON\OCT14\OSCLEASE.RPT 2 C-/ 15,000 sq. ft. of paving (parking lot, apron and driveway). Depending on the final tower location and access, some parking area may be lost. This property was acquired from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. FISCAL IMPACTS: The base rent is $325.00 per month, adjusted annually by the change in the CPI. It has been requested by members of the Catawba community that the lease proceeds be paid to the volunteer fire company to support its needs and operations. Allocation of these lease proceeds is a Board decision. The Board may want to consider using these lease proceeds to fund emergency communications improvements. ALTERNATIVES: 1) Refuse to adopt the proposed ordinance. Proceed with the trial in federal district court on the Board's denial of the special use permit application. 2) Adopt the ordinance approving this lease; settle the pending litigation. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the proposed ordinance, and waive second reading of this ordinance. Respectfully submitted, ~- - ,, ~a ti P ~ I Paul M. Mahoney County Attorney Action Approved ( ) Denied ( ) Received ( ) Referred to Motion by Vote No Yes Abs Eddy Harrison Johnson Minnix Nickens G:\CO[~IIKON\OCT14\OSCLEASE.RPT 3 ~-/ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH OHIO STATE CELLULAR PHONE COMPANY, INC. FOR A COMMUNICATIONS ANTENNA TOWER AT CATAWBA FIRE STATION WHEREAS, the Board of Supervisors denied a request from Ohio State Cellular Phone Company, Inc. ("OSC") for a special use permit to locate a communications antenna tower at the intersection of State Route 311 and Newport Road in the Catawba Valley. OSC filed an action in the United States District Court for the Western District of Virginia challenging this denial; and WHEREAS, counsel and staff for the parties have explored a variety of opportunities to resolve this litigation and it appears that the Catawba Fire Station site may provide a suitable alternative to the denied site; and WHEREAS, counsel have negotiated a lease which addresses the mutual concerns of the parties; and WHEREAS, the first reading of this ordinance was held on October 28, 1997; and the requirement for the second reading was waived as provided by Section 18.04 of the Roanoke County Charter as an emergency measure to settle pending litigation. WHEREAS, the County acquired this property from the Commonwealth of Virginia by deed dated May 16, 1983, and recorded in Deed Book 1194 at page 351. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, C:\OFFICE\WPWIN\WPDOCS\AGENDA\REALEST\OSC.LSE 1 - .. Virginia as follows: 1. That it is in the County's best interest to lease a portion of this property to OSC in order to provide a site for the location of a communications tower. 2. The area to be leased by the County to OSC is for the 190' tall tower and a small (12' x 20') equipment building, and an easement for access and utilities and is situated at the Catawba Fire Station in the Catawba Magisterial District of Roanoke County, being a portion of Tax Map No. 7.00-1-29. 3. That the term of this lease shall be for fifteen (15) years, with options to renew. The Board hereby appropriates the rental payments under this lease to the Catawba Volunteer Fire Company for the support of its public safety operations. 4. That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish this transaction, all of which shall be upon a form approved by the County Attorney. C:\OFFICE\WPWIN\WPDOCS\AGENDA\REALEST\OSC.LSE 2 a JAtdES R. CREEKMORE 540 983-7505 Itst~xrt>ir: creekmor@woodsrogers.com WOODS, ROGERS & HAZLEGROVE Attorneys at Law oc~ i 4 ~~s~ ~= i October 10, 1997 Paul M. Mahoney Office of the County Attorney 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018-0798 In Re: Ohio State Cellular v. Roanoke Count<,~ Ground Lease for Catawba Fire Station Property Dear Paul: Enclosed please find an updated version of the Ground Lease in this matter, complete with the additional information you, Dave Klumb and I discussed in your office yesterday morning. I hope that this draft is sufficient for your presentation to the Board for its first reading on Tuesday, October 14, 1997. Please call me before then if you need any further information. Very truly yours, WOODS, ROGERS & HAZLEGROVE, P.L.C. ~~c~- James R. Creekmore Enclosure cc: Bill Poff Dick O'Brien Ted Chung Dave Klumb Eva Wohn Jody Jung Mark Feldmann RKE#0504029. WPD C/M:100721-00001-01 p, O. Box 14125 / Roanoke, Virginia 24038-4125 10 South Jefferson Street, Suite 1400 / Roanoke, Virginia 24011 540 983-7600 / 800 552-4529 /Fax 540 983-77 1 1 Internet -- mail@woodsrogers.com Offices also in Charlottesville, Danville and Richmond, Virginia Site No. 764307 ~` GROUND LEASE '-' This Lease is made and entered into this 1st day of November, 1997, by and between COUNTY OF ROANOKE, VIRGINIA, 5204 Bernard Drive, P.O. Box 29800, Roanoke, Virginia, 24018-0798, hereinafter referred to as "Lessor", and OHIO STATE CELLULAR .:. PHONE COMPANY, INC., a Florida corporation, doing business as United States Cellular ="~? Wireless Communications, Attention: Real Estate, 8410 West Bryn Mawr Avenue, Suite 700, ~~ Chicago, Illinois 60631 ("Lessee"). .A ~. In consideration of the mutual promises, conditions, and other good and valuable consideration of the parties hereto, it is covenanted and agreed as follows: ''~~~ :4,•.. 1. Demise of Leasehold Parcel. Lessor hereby lets and demises unto Lessee, and ~~: Lessee hereby receives and accepts from Lessor, the following described Leasehold Parcel: '`~ {•, t Approximate dimensions: 90 feet x 40 feet, or less Approximate acreage: .082 acre w. Location: Western Corner of 1.065 acre parcel at Virginia Route 320, known as 5585 ~::; Catawba Hospital Drive, Roanoke County, State of Virginia, further described in Exhibit A (as " provided for in paragraph 4 hereinafter) attached hereto and incorporated herein by reference. ... . 2. Grant of Easement Parcel(sl. Unless the Leasehold Parcel is immediately adjacent to public rights-of--way for ingress, egress, and utilities, Lessor hereby grants to Lessee the following described Easement Parcel(s) appurtenant to the Leasehold Parcel: Use: Access. Between the Leasehold Parcel and the public road known as Virginia Route 320, also known as Catawba Hospital Drive, over existing driveways where practical, and establishing a new route as necessary. See Exhibit A. Use: Utilities. Width: 30 feet Approximate length: 150 feet, as determined by connection points. Between the Leasehold Parcel and suitable utility company service connection points. Lessor agrees to make such direct grants of easement as the utility companies may require. See Exhibit A. RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 3. Grant of Easement Rights. To effect the purposes of this Lease, Lessor hereby grants to Lessee the following Easement Rights: (a) the right to clear vegetation, cut timber, and move earthen materials upon the Easement Parcels; (b) the right to improve an access road within the Access Easement Parcel; (c) the right to place utility lines and related infrastructure within the Utilities Easement Parcel; (d) the right to enter and temporarily rest upon Lessor's adjacent lands for the purposes of installing, repairing, replacing, and removing the leasehold improvements (the "Improvements") and any other personal property of Lessee upon the Leasehold Parcel and improving the Easement Parcels, including the right to bring in and use all necessary tools and machinery; and (e) the right of pedestrian and vehicular ingress and egress to and from the Leasehold Parcel at any time over and upon the Access Easement Parcel. The Leasehold Parcel and Easement Parcels are collectively referred to herein as the "Premises." 4. Survey /Site Plan. Lessee shall, at Lessee's expense, cause a survey, site plan, and/or legal description of the Premises to be prepared, to further delineate and identify the land underlying the Premises, which survey, site plan and/or legal description shall be attached hereto as Exhibit A and incorporated herein by reference. 5. Use of the Premises. Lessee shall be entitled to use the Premises to construct, operate, modify as necessary, and maintain thereon a communications antenna tower (including aviation hazard lights when required), an access road, one or more equipment buildings, and a security fence, together with all necessary lines, anchors, connections, devices, and equipment for the transmission, reception, encryption, and translation of voice and data signals by means of radio frequency energy and landline carriage. The height of the tower structure, excluding any antenna attached thereto, shall not exceed 190 feet. The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet, unless otherwise required by the FAA or other governmental or regulatory agency. 6. Term of Lease. This Lease shall commence on the first day of November, 1997 and shall expire twenty (20) years, thereafter on October 31, 2017. 7. Option to Renew. Lessee shall have the option to renew this Lease for up to two (2) additional terms often (10) years each, upon a continuation of all the same provisions hereof by giving written notice to Lessor of Lessee's exercise of this option at least sixty (60) days before the expiration of the term then present at the time of such notice. 8. Option to Terminate. Lessee shall have the unilateral right to terminate this Lease at any time by giving written notice to Lessor of Lessee's exercise of this option and paying Lessor the amount of Two Thousand Dollars ($2000) as liquidated damages. 9. Base Rent. Lessee shall pay Base Rent to Lessor in the amount of Three Hundred Twenty Five Dollars ($325_ .00) per month, which shall be due when construction begins and then regularly thereafter on the first day of each calendar month. Lessor hereby specifies the name, address, and taxpayer identification number of a sole payee (or maximum two joint payees) who ~.. ....f ,,... RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 2 shall receive rent on behalf of the Lessor as follows: Treasurer, County of Roanoke, 5204 •• • Bernazd Drive, P.O. Box 29800, Roanoke, Virginia, 24018-0798. 10. Adjusted Rent. On every years' anniversary of the commencement date of the .~, term of this Lease, and throughout the duration hereof as renewed and extended, the Base Rent shall be adjusted in proportion to the cumulative change in the latest published Consumer Price Index compazed to the same index as historically recorded for the month and yeaz in which the •~~ ~' term of this Lease commenced. "Consumer Price Index" shall mean the Consumer Price Index f`•••: for All Urban Consumers, All Items, U.S. City Average, 1982-84 =100, (tJ.S. Department of ~• Labor, Bureau of Labor Statistics). If the said Index ceases to be published, then a reasonably ~• • compazable index shall be used. 11. Possession of Premises. Lessee shall not be entitled to take possession of the "`~' Premises and commence work to construct the Improvements until Lessee makes the first .,, ., payment of rent. Lessee shall, however, be permitted to enter upon the Premises to cleaz vegetation, cut timber, and move earthen materials upon the Premises and to improve an access ''"~' ,~,: road within the Access Easement Pazcel, if required, in order to cause engineering studies to be ...~ made with respect thereto, including surveys, soil tests, radio wave propagation and field strength tests, and such other analyses and studies of the Premises as Lessee determines to be ~~ necessary or desirable without being deemed to have taken possession. -~~ 12. Utilities. Lessee shall solely and independently be responsible for all costs of providing utilities to the Premises, including the sepazate metering, billing, and payment of utility services consumed by Lessee's operations. ,.. . 13. Prope Taxes. (a) Lessee shall pay all real and personal property taxes levied against the Leasehold Pazcel and the Improvements, as well as any increase in Lessor's real estate taxes resulting from this Lease or Lessee's presence upon Lessor's lands. (b) Although Lessee will be receiving a separate tax bill for its personal property, the parties assume that the Leasehold Pazcel will not be eligible for a separate assessor's pazcel number. Therefore, Lessee shall contribute to the payment of real estate taxes on the underlying land promptly following Lessor's demand therefor, as such amount shall reasonably be substantiated. (c) Lessee shall have the right, but not the obligation, to pay Lessor's real estate taxes on the underlying land if the same become delinquent, to ensure that Lessee's leasehold interest does not become extinguished. Lessee shall be entitled to take a credit against rent for the portion of Lessor's taxes which it was not Lessee's obligation to pay, as such amount shall reasonably be substantiated. 14. Re airs. Lessee shall be responsible for all repairs of the Improvements, and may at its own expense alter or modify the Improvements to suit its needs consistent with the RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 3 intended use of the Premises. Any damage to the existing paving for the parking lot, apron or access to the fire station, resulting from Lessee's construction or operation of the tower, shall be repaired at the expense of Lessee within 30 days of receipt of notice of such damage by Lessor. 15. Mutual Indemnification. Lessee shall indemnify and hold Lessor harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Lessee, or in any way resulting from Lessee's presence upon Lessor's lands. To the extent permitted by law, Lessor shall indemnify and hold Lessee harmless from and against any loss, damage, or injury caused by, or on behalf of or through the fault of the Lessor. Nothing in this Article shall require a party to indemnify the other parry against such other party's own willful or negligent misconduct. 16. Insurance. Lessee continuously shall maintain in full force and effect a policy of commercial general liability insurance with limits of One Million Dollars covering Lessee's work and operations upon Lessor's lands. 17. Monetary Default. Lessee shall be in default of this Lease if Lessee fails to make a payment of rent when due and such failure continues for fifteen (15) days after Lessor notifies Lessee in writing of such failure. 18. Opportunity to Cure Non-Monetary Defaults. If Lessor or Lessee falls to comply with any non-monetary provision of this Lease which the other party claims to be a default hereof, the party making such claim shall serve written notice of such default upon the defaulting party, whereupon a grace period of 30 days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of the default. Such grace period shall automatically be extended for an additiona130 days, provided the defaulting party makes a good faith showing that efforts toward a cure are continuing. 19. Assignment of Lease by Lessee. This Lease and the Premises hereunder shall be freely assignable by the Lessee to any other party without the necessity of obtaining Lessor's consent. Lessee's right to effect an outright transfer of the Premises, and the right of any collateral assignee to seize the Premises as defaulted security, is subject only to the limitation ti'~at the Premises shall be used for the purposes permitted'nerein. Lessee shall notify Lessor in writing of the name and address of any assignee or collateral assignee. 20. Subleasing. Lessee shall have the unreserved and unqualified right to sublet the tower, building, and ground space upon the Premises to subtenants without the necessity of obtaining Lessor's consent. _Lessee agrees to provide to Lessor, at no cost to lessor, an _.. attachment location on the tower for the placement and affixing of two J(2) omnidirectional antennas, as described more fully at Exhibit B hereto, at approximate heights of 25 and 50 feet on the tower, for the purpose of Lessor's operation of a public emergency communications system. Lessor agrees that it shall be responsible for the cost of such antennas and communications equipment necessary to effectuate such connections, and Lessee agrees that it shall be responsible for the labor and attachment hardware necessary to place and affix such antennas at these locations. Lessee also agrees to provide to Lessor, at no cost to lessor, ~~.V. ~. .#w RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 4 sufficient space within the herein described leasehold, for the purpose of lessor's placement of its utility equipment. Lessor and lessee shall arrive at a mutually agreeable location within the leasehold for the placement of such utility equipment. In addition thereto, the tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate the co- location of communications equipment of at least one other vendor/provider of wireless communication services in order to minimize the proliferation of towers in the vicinity of this site. In addition, Lessee agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. Lessee further agrees to negotiate in good faith with any such vendor/provider to determine "reasonable costs." 21. Execution of Other Instruments. Lessor agrees to execute, acknowledge, and deliver to Lessee other instruments respecting the Premises, as Lessee or Lessee's lender may reasonably request from time to time; provided that any such instruments are in furtherance of and do not substantially expand, Lessee's rights and privileges herein established. Lessor also agrees to reasonably cooperate with Lessee's efforts to obtain all private and public consents related to Lessee's use of the Premises, as long as Lessor is not expected to bear the financial burden of any such efforts. 22. Removal of Improvements. The Improvements are agreed to be Lessee's personal property and shall never be considered fixtures to the real estate. Lessee shall at all times be authorized to remove the Improvements from the Premises. Upon the expiration or earlier termination of this Lease, Lessee shall, if requested by Lessor and at Lessee's expense, remove any above-ground Improvements from the Premises. If Lessor does not notify Lessee that Lessee must remove such Improvements, then Lessee shall have the option of either removing or abandoning such Improvements, and in any event Lessee shall be entitled to abandon all footings, foundations, and other below-ground Improvements in place. If the use of the tower structure for wireless communications is discontinued, the tower structure and equipment building shall be dismantled and removed from the site within 30 days of notice by Lessor and this lease agreement shall expire upon 30 days of such notice by Lessor. 23. Conditions Precedent. This Lease and Lessee's obligations hereunder, including the obligations to pay rent or liquidated damages, expressly are conditioned upon and subject to the following: a. Lessee must receive all necessary local, state, and federal governmental approvals relating to Lessee's intended use of the Premises; b. Lessee's technical reports must establish to Lessee's exclusive satisfaction that the Premises are capable of being suitably engineered to accomplish Lessee's intended use of the Premises; ~.. ,~~~ RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 5 c. Lessee's title insurer must determine that Lessor owns good and clear marketable title to the land underlying the Premises, and that such title is free from encumbrances and restrictions which would interfere with Lessee's intended use of the Premises or would impair Lessee's ability to pledge the leasehold estate as collateral to secure debt financing; and d. Written objections, if any, by local community residents must be resolved to the exclusive satisfaction of Lessee to ensure popular support of Lessee's operations. 24. Abatement of Rent Pending Conditions. Lessee shall have no obligation to pay rent until all the Conditions Precedent have been satisfied or waived, and rent which would otherwise be due for the intervening time pending satisfaction of the Conditions Precedent is hereby excused and forgiven. 25. Quiet Enjoyment. Lessor covenants that Lessee shall have quiet and peaceable possession of the Premises throughout the Lease term as the same maybe extended, and that Lessor will not intentionally disturb Lessee's enjoyment thereof as long as Lessee is not in default under this Lease. Lessee acknowledges that the real estate subject to the leasehold parcel and easement rights is utilized by Lessor as a fire station and that this public safety facility is critically important to the public health, safety and welfare of the local community and in the provision of emergency services. Lessee covenants that its use of the Premises shall not interfere with Lessor's public safety responsibilities or obligations. 26. Environmental Warranty. Lessor hereby represents and warrants to Lessee that Lessor has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the Leasehold Parcel, and that Lessor has no knowledge of such uses historically having been made of the Leasehold Parcel or such substances historically having been introduced thereon. 27. Bindin Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 28. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. 29. Modifications. This Lease may not be modified, except in writing signed by the party against whom such modification is sought to be enforced. 30. Attorney's fees. In any action on this Lease at law or in equity, the prevailing party shall be entitled to recover the reasonable costs of its successful case, including reasonable attorney's fees and costs of appeal. 31. Subordination. Lessee agrees to subordinate this Lease to any mortgage or trust deed which may hereafter be placed on the Premises, provided such mortgagee or trustee ~~ ~; ., °~: ... ~{ ,••.. .t RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 6 thereunder shall ensure to Lessee the right to possession of the Premises and other rights granted to Lessee herein so long as Lessee is not in default beyond any applicable grace or cure period, such assurance to be in form reasonably satisfactory to Lessee. If requested by Lessee, Lessor agrees to use Lessor's best efforts to assist Lessee in obtaining from any holder of a security interest in the land underlying the Premises anon-disturbance agreement in form reasonably satisfactory to Lessee. 32. Notices. Any notice, demand or communication which Lessor or Lessee shall desire or be required to give pursuant to the provisions of this Lease shall be sent by registered or certified mail; and the giving of any such notices shall be deemed complete upon mailing in a United States Post Office with postage charges prepaid, addressed to the party intended to be given such notice at its address as first above set forth in this Lease or to such other address as such party heretofore may have designated. IN WITNESS WHEREOF, the parties hereto bind themselves to this Ground Lease as of the day and year first above written. LESSOR: COUNTY OF ROANOKE, VIRGINIA LESSEE: OHIO STATE CELLULAR PHONE COMPANY, INC., a Florida corporation By: (Printed Its: County of Roanoke, Virginia By: David E. Klumb Director of Network Operations Northeast Region United States Cellular Wireless Communications .A..ti}. ~, fry:. >: ~;.. :,'~, ,,.., ^''4 RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm 7 STATE OF VIRGINIA COUNTY OF ROANOKE I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that [name], the [title] for County of Roanoke, Virginia, known to me to be the same person whose name is subscribed to the foregoing Ground Lease, appeared before me this day in person and acknowledged that, pursuant to his/her authority, he/she signed the said Lease ashis/her free and voluntary act on behalf of the named Lessor, for the uses and purposes therein stated. Given under my hand and seal this day of , 1997. Notary Public STATE OF NEW HAMPSHIIZE COUNTY OF HILLSBOROUGH My commission expires I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that David E. Klumb, a Director of Network Operations for United States Cellular Wireless Communications, known to me to be the same person whose name is subscribed to the foregoing Ground Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the named Lessee corporation, for the uses and purposes therein stated. Given under my hand and seal this day of , 1997. Notary Public My commission expires ~4.:' RKE#0501078. WPD C/M: 100721-00001-01 10/10/97 - 5:05 pm g J ~±- I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-7 RELEASING RIGHT OF RE-ENTRY AND CERTAIN RESTRICTIONS ON THE USE OF CERTAIN REAL ESTATE PREVIOUSLY CONVEYED TO TOTAL ACTION AGAINST POVERTY (PINKARD COURT SCHOOL PROPERTY), AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE DOCUMENTS WHEREAS, by Ordinance Number 121493 the Board of Supervisors of Roanoke County approved and authorized the conveyance of 4.5 acres of real estate, previously known as Pinkard Court School, to Total Action Against Poverty ("TAP"); and, WHEREAS, by deed of gift dated May 18, 1994, and recorded in Deed Book 1446, at page 442, the County conveyed said real estate to TAP with certain restrictions on the use of said real estate, namely: that the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose, shall be community-service oriented, shall be in compliance with the Roanoke County Zoning Ordinance, and that no subsequent conveyance of this real estate to any person, organization or entity whose mission or purpose is not consistent with those of TAP shall be valid without the express written approval of the County; and, WHEREAS, said deed included a right to terminate the estate granted to TAP and to re-enter and retake the property if TAP violated the conditions and restrictions in said deed; and, WHEREAS, TAP has executed an option agreement for the conveyance of this property with Interstate Development, L.L.C., and this option agreement may be assigned to Lowe's Home Centers, Inc. for the purpose of constructing a retail, commercial establishment; and, WHEREAS, TAP has requested that the County release this right of re-entry and said conditions and restrictions, and give its express written approval of said conveyance so that said property can be sold to Lowe's Companies, Inc. unencumbered; and, WHEREAS, the Board has received assurances that the proceeds from this proposed sale will be used by TAP and Blue Ridge Housing Development Corp. to support and promote an affordable housing program in Roanoke County; and, WHEREAS, the first reading of this ordinance was held on October 14, 1997, and the second reading was held on October 28, 1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County hereby releases its right of re-entry for any violation of the conditions or restrictions as provided in the deed from the County to TAP found in Deed Book 1446, at page 442, among the land records of the Clerk of the Circuit Court for the County of Roanoke. 2. That the County hereby releases the conditions and restrictions found in the aforesaid deed. Further the County authorizes the execution of a document giving its express written approval for TAP to convey this property to a person, organization or entity whose mission or purpose is not consistent with those of TAP. This release is contingent upon the conveyance of this real estate to Lowe's Home Centers, Inc. For the construction of a retail, commercial establishment. 2 3. That upon receipt of adequate assurances from TAP that the net proceeds of the proposed sale of said property shall be used to support and promote affordable housing in Roanoke County, then the County Administrator, or any Assistant County Administrator, be authorized to execute such documents, and take such actions, as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance with $200,000 proceeds going to economic development budget, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Johnson NAYS: None PRESENT: Supervisor Nickens A COPY TESTE: ~ ~ ~~~~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Paul M. Mahoney, County Attorney Tim Gubala, Director, Economic Development Diane D. Hyatt, Director, Finance 3 ACTION NO. t ~ ITEM NO . r'7 ' r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: ORDINANCE RELEASING RIGHT OF RE-ENTRY AND CERTAIN RESTRICTIONS ON THE USE OF CERTAIN REAL ESTATE PREVIOUSLY CONVEYED TO TOTAL ACTION AGAINST POVERTY (PINKARD COURT SCHOOL PROPERTY), AND AUTHORIZING THE COUNTY ADMI~N~ISTR~ATOR TO EXECUTE DOCUMENTS COUNTY ADMINISTRATOR' S COMMENTS : ej~~~r~`~"C. EXECUTIVE SUMMARY: This ordinance releases the County's right of re-entry and certain restrictions and conditions on the use of the Pinkard Court School property conveyed to Total Action Against Poverty ("TAP") on May 18, 1994; this release allows TAP to convey this property to Lowe's Home Centers, Inc. ("Lowe's") free from these conditions; and it authorizes and approves the County Administrator's execution of a Letter of Understanding with TAP concerning this transaction. BACKGROUND: By deed of gift dated May 18, 1994 the County conveyed to TAP the Pinkard Court School property, as authorized by Ordinance No. 121493-6. The Board wanted this property to be used for purposes compatible with the neighborhood, which included affordable housing, special purpose housing or a day care facility. This ordinance and deed included the following restrictions: That the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose, shall be community-service oriented, shall be in compliance with the Roanoke County Zoning Ordinance, and that no subsequent conveyance of this real estate to any person, organization or entity whose mission or purpose is not consistent with those of TAP shall be valid without the express written approval of the County. If these restrictions are violated or not observed, the County has the right to re-enter and retake the property. TAP has executed an option agreement with Interstate Development, L.L.C., which will be assigned to Lowe's for the construction of a commercial, retail establishment on this property, and in the Pinkard Court community. TAP has requested the County to release this right of re-entry and these restrictions so that this property can be conveyed to Lowe's unencumbered. 1 SUMMARY OF INFORMATION: The County Administrator has negotiated a Letter of Understanding with TAP with respect to the sale of the former Pinkard Court School property to Lowe's. The County will receive $200,000 from the proceeds of this sale to release its right of re-entry and to release this property from these restrictions. TAP and Blue Ridge Housing Development Corporation will implement an Affordable Housing Program in Roanoke County with the remaining proceeds from this sale. This affordable housing program will produce a combination of affordable housing units in Roanoke County, including new construction, rehabilitation of existing housing, and the development of rental property. This program will have a minimum construction value of $1 Million and shall be completed within 3 years from the date of closing. FISCAL IMPACTS: Receipt of $200,000 from the proceeds of the sale of this property. Receive the benefit of the TAP and Blue Ridge Housing Development Corporation Affordable Housing Program which will have a minimum construction value in Roanoke County of $1 Million within 3 years. ALTERNATIVES: 1) Adopt at second reading the attached ordinance. Adoption of this ordinance will allow this transaction to proceed. 2) Decline to adopt this ordinance. Enforce the conditions and restrictions of the deed to TAP. STAFF RECOMMENDATION: It is recommended that the Board favorably consider the adoption of the attached ordinance. First reading of this ordinance is scheduled for October 14, 1997; second reading is scheduled for October 28, 1997. &~spectfully submitted, / i s` a , ';~` Paul M. Mahoney County Attorney j' -----------------------------------------------------------------------f-/_ Approved ( ) Denied ( ) Received ( ) Referred to c:\wp51\ doc\agenda\realest\taplowes.rpt Motion by: ACTION VOTE Eddy Harrison Johnson Minnix Nickens No Yes Ab 2 ~~ / AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE RELEASING RIGHT OF RE-ENTRY AND CERTAIN RESTRICTIONS ON THE USE OF CERTAIN REAL ESTATE PREVIOUSLY CONVEYED TO TOTAL ACTION AGAINST POVERTY (PINKARD COURT SCHOOL PROPERTY), AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE DOCUMENTS WHEREAS, by Ordinance Number 121493-6 the Board of Supervisors of Roanoke County approved and authorized the conveyance of 4.5 acres of real estate, previously known as Pinkard Court School, to Total Action Against Poverty ("TAP"); and, WHEREAS, by deed of gift dated May 18, 1994, and recorded in Deed Book 1446, at page 442, the County conveyed said real estate to TAP with certain restrictions on the use of said real estate, namely: that the use, occupancy, maintenance and/or development of this property shall be solely and exclusively in a manner consistent with TAP's mission and purpose, shall be community-service oriented, shall be in compliance with the Roanoke County Zoning Ordinance, and that no subsequeiYt conveyance of this real estate to any person, organization or entity whose mission or purpose is not consistent with those of TAP shall be valid without the express written approval of the County; and, WHEREAS, said deed included a right to terminate the estate granted to TAP and to re-enter and retake the property if TAP violated the conditions and restrictions in said deed; and, WHEREAS, TAP has executed an option agreement for the conveyance of this property with Interstate Development, L.L.C., and this option G:\ATTORNEY\PMM\TAPRELEA.ORD ~`--/- f agreement may be assigned to Lowe's Home Centers, Inc. for the purpose of constructing a retail, commercial establishment; and, WHEREAS, TAP has requested that the County release this right of re- entry and said conditions and restrictions, and give its express written approval of said conveyance so that said property can be sold to Lowe's Companies, Inc. unencumbered; and, WHEREAS, the Board has received assurances that the proceeds from this proposed sale will be used by TAP and Blue Ridge Housing Development Corp. to support and promote an affordable housing program in Roanoke County; and, WHEREAS, the first reading of this ordinance was held on October 14, 1997, and the second reading was held on October 28, 1997. BE IT ORDAINED, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County hereby releases its right of re-entry for any violation of the conditions or restrictions as provided in the deed from the County to TAP found in Deed Book 1446, at page 442, among the land records of the Clerk of the Circuit Court for the County of Roanoke. 2. That the County hereby releases the conditions and restrictions found in the aforesaid deed. Further the County authorizes the execution of a document giving its express written approval for TAP to convey this property to a person, organization or entity whose mission or purpose is not consistent with those of TAP. This release is G:\ATTORNEY\PMM\TAPRELEA.ORD Hr contingent upon the conveyance of this real estate to Lowe's Home Centers, Inc. For the construction of a retail, commercial establishment. 3. That upon receipt of adequate assurances from TAP that the net proceeds of the proposed sale of said property shall be used to support and promote affordable housing in Roanoke County, then the County Administrator, or any Assistant County Administrator, be authorized to execute such documents, and take such actions, as may be necessary to accomplish the purposes of this ordinance, all upon form approved by the County Attorney. 4. That this ordinance shall be effective from and after the date of its adoption. G:\ATTORNEY\PMM\TAPRELEA.ORD 3 i~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897_8 AMENDING AND REENACTING SECTION 2-17 Dissemination of criminal history record information of applicants for public employment^,nermit or license OF ARTICLE II Organizational Structure of County Administration OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Departments of Fire and Rescue and Human Resources have reached an agreement with the Virginia Department of State Police to obtain a computer software program which will expedite the processing of background checks through the Central Criminal Records Exchange operated within the Department of State Police of prospective paid employees of the county's departments and of volunteers for county fire and rescue companies and other positions of public service; and WHEREAS, Section 19.2-389 A 7 of Chapter 23 of Title 19.2 of the Code of Virginia, 1950, as amended, requires that such background checks must be required by an agency of a political subdivision under a duly enacted ordinance which determines that it is necessary that the past criminal conduct of a person with any conviction record would be compatible with the nature of the employment or permit which is under consideration; and, WHEREAS, the first reading of this ordinance was held on April 22, 1997; and the second reading was held on October 28, 1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 2-17, "Dissemination of criminal history record information of applicants for public employment, permit or license" of Article II. "Organization Structure of County Administration," of Chapter 2 ADMINISTRATION, be amended and reenacted as follows: Sec. 2-17. Dissemination of criminal history record information of applicants for public employment, permit~sr IicenserturrE~e~. __ _. 2 ~>:<;~:<j`~~1'~t::~:::€`~1t I?#CS C1.'~1 ~~ Cr~~'~ ~~ ootactiC~r~ t`~rd ~f ~t~ ;:~:C~ ~k'-~ y}is~i}i:.>i;i:;i:;i:;:y;;:':>~i::%:i::isi::i:::::i:i<<:isL<::::::::::.;~ ':::.2:i::i::i::i::i:::i%': ~::iiiiisr':::i::iii}i:::i::i:2:`: }ijii::~jiii:::~'F.:>' :i.:: isS:iii::?:iiiisj!'j;;}:;:;:;:'ry::i:;isjj;yfy$;:;:;isjiL:%~;i}i:%ii:;i:iiiiii::'::::iiii ~c~t~ifser>>a : <:~t~s>;n : t~~ie>~~te«~al~~r~<~~f>>~e~v~u~t~~r>~~~e~ra~ . . ............................. ;::..ses<::e~t, ~ ~~ ::<t':< >.~b~~c:<::.:::I: <r~er~f:or ~o~f~d~r~ti~l»ar:~d<s~tus~df:~l:::t~..as... ~ ~ ................................................................................................ ...............................................................................................:::::::. ~:.~.::::::::::::::::..:::::::::::::;::::::.~.::::::::.~lt.:::.:::::.::;.: P.::::::::::::::;.:::::.~::::::::::::::.;.::::::. ................................................................................................................................................................................................................................................... . ................................................................................................................................................................................................................................................... . .. 't~s~.t~ p4~ ~ ~vl'~,~ ~c~t°t ~vh~l~. ~>k't.~~plt ~+rt~~. ~pr~;~~de~d ~. ft~ret~t~~,h~~ v:.:i::i::i::i:l:i::i::i::i::: ~::i"iiiiiiiiiii::i::i::i::i:'::i::i::i::i::i: S:::ii::i::i:::~ .::: {:~.: •:i:i:i:v:i::: ~ii: iiii:!v:i::i::i::::::ii:!::i::4)j::i::: ~::::::::::4::iiiiiiiii::i::::::i::i::i:'::i::i'::::::i >~>~f~i~t~t ~a~thon~e~~ `;>;~~~rt<: r~:.;:<:: :: ,::;>...:>::::.:: > :: Q.:... ~r :: ~e~er~~.::i~~v.: ~r.: u~~ttc~r~: ~r.: sf~t :::::::::::::::::::::::::::.. ~::::::::::::::::::::::.::::::::::::::::::::...::::::::::::::::::::::::::::.~ .:.::::::::......::..........::..r...:......:...::..:........:...::....:..:.....::..9.:....:.......:..:......::.....::..:.....:. 2. That this ordinance shall be in full force and effect from and after the date of its adoption. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: y ~d ~~~~ Mary H. Allen, CMC Clerk to the Board of Supervisors 4 CC: File Joseph B. Obenshain, Senior Assistant County Attomey Circuit Court Roy B. Willett, Judge Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge Steven A. McGraw, Clerk Juvenile Domestic Relations District Court Joseph M. Clarke, II, Judge Philip Trompeter, Judge John B. Ferguson, Judge Joseph P. Bounds, Judge Ruth P. Bates, Clerk Intake Counsellor General District Court George W. Hams, Judge William Broadhurst, Judge Vincent Lilley, Judge Julian H. Raney, Judge Jacqueline F. Ward Talevi, Judge Theresa A. Childress, Clerk Skip Burkart, Commonwealth Attorney Paul M. Mahoney, County Attomey Joseph Sgroi, Director, Human Resources Magistrates Sherri Krantz/Betty Perry Main Library Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Gerald S. Holt, Sheriff John M. Chambliss, Jr., Assistant County Administrator Don C. Myers, Assistant County Administrator Diane D. Hyatt, Director, Finance O. Arnold Covey, Director, Engineering & Inspections Terrance L. Harrington, Director, Planning & Zoning Gary Robertson, Director, Utility Michael Lazzuri, Court Services William J. Rand, III, Director, General Services Thomas S. Haislip, Director, Parks 8~ Recreation Elaine Carver, Director, Procurement John W. Birckhead, Director, Real Estate Assessment Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 5 ACTION # ITEM NUMBER --'~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COU1V7'Y, VIRGINIA HELD AT THE ROANOKE COUNTY ADNIINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: SECOND READING OF ORDINANCE AMENDING AND REENACTING SECTION 2-17 Dissemination of criminal history record information of applicants for public employment, permit or license OF ARTICLE II Organizational Structure of County Administration OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE COUNTY ADMINISTRATOR'S COMMENTS: I,~ '~~~~ ~l BACKGROUND: Following the first reading of this ordinance on April 22, 1997, staff received comments from the Department of State Police requesting changes to the proposed ordinance. Suggested changes were made and the proposed ordinance amendments have been approved by the Department of State Police and the Attorney General's Office. SUMMARY OF INFORMATION: Criminal background checks for prospective volunteers for the fire and rescue companies in Roanoke County can take as long as four to six weeks to be returned from State Police Headquarters in Richmond due to their heavy backlog of requests. This significant time delay has had a detrimental effect upon retaining the initial enthusiasm and commitment of individuals who have indicated an interest in joining a volunteer company. The Department's Volunteer Coordinator has obtained agreement from the Virginia Department of State Police to permit the County to purchase a computer software package which will permit direct access through the Central Criminal Records Exchange of criminal history records of prospective fire and rescue volunteers and employees. With the software package, criminal background checks can be received within 72 hours. This purchase is contingent upon the Board of Supervisors adopting an ordinance which codifies Roanoke County's policy of requiring such criminal background checks as a necessary component of the complete background check for these volunteers and employees. Requiring criminal history background checks of all potential volunteers and employees seems appropriate /-f - .2, because of the contact which these representatives of Roanoke County have with citizens in vulnerable circumstances. FISCAL IMPACT: The cost of the software package is approximately $300. Funds are available in the current year's budget of the Department of Fire and Rescue to purchase this software package. ALTERNATIVES: I. Adopt the attached ordinance and permit the Department of Fire and Rescue to enter into an agreement with the Department of State Police and to purchase the necessary software program to perform criminal history background checks. II. Decline to adopt the attached ordinance and continue the current process for obtaining criminal history records through the State Police Headquarters in Richmond. STAFF RECOMMENDATION: Staff recommends Alternative I. Respectfully submitted, Jos h B. Obens ain S or Assistant County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Motion by: ACTION VOTE No Yes Abs Eddy _ _ _ Harrison _ _ _ Johnson _ _ _ Minnix _ _ _ Nickens AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE AMENDING AND REENACTING SECTION 2-17 Dissemination of criminal history record information of applicants for public employment, permit or license OF ARTICLE II Organizational Structure of County Administration OF CHAPTER 2 ADMINISTRATION OF THE ROANOKE COUNTY CODE WHEREAS, the Roanoke County Departments of Fire and Rescue and Human Resources have reached an agreement with the Virginia Department of State Police to obtain a computer software program which will expedite the processing of background checks through the Central Criminal Records Exchange operated within the Department of State Police of prospective paid employees of the county's departments and of volunteers for county fire and rescue companies and other positions of public service; and WHEREAS, Section 19.2-389 A 7 of Chapter 23 of Title 19.2 of the Code of Virginia, 1950, as amended, requires that such background checks must be required by an agency of a political subdivision under a duly enacted ordinance which determines that it is necessary that the past criminal conduct of a person with any conviction record would be compatible with the nature of the employment or permit which is under consideration; and, WHEREAS, the first reading of this ordinance was held on April 22, 1997; and the second reading was held on October 28, 1997. BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia, as follows: 1. That Section 2-17, "Dissemination of criminal history record information of applicants for public employment, permit or license" of Article II. "Organization Structure /~ of County Administration," of Chapter 2 ADMINISTRATION, be amended and reenacted as follows: Sec. 2-17. Dissemination of criminal history record information of applicants for public employment, permite~ license~~>a~~. ~i~o,..,»,,,,.,+ .,1.,,$E°6~e~, -iii ~3('-~~~e~l°,5~9~-~~~~oTC~~i~^vi~u=^~zt~S~ieECSfs&r,~t6 .:.L rl... .......~.. ..C .L.. ..~~.i....~,.~. .. ,~.. t:.....,.,. ..~,1,.....,~~...,1......~:,~~ ~C L.:..e...... .,.......,1 :~C,~~..a:,.~ ..~.L.~ .L,. 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That this ordinance shall be in full force and effect from and after the date of its adoption. c:\•••\agenda\fireres\criminal.ord 4 ACTION NUMBER ITEM NUMBER ~~"''~'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEAL~FIRE CODE BOARD OF APPEALS At their August 19 meeting, the Board of Supervisors approved changes to the County Fire Prevention Code which authorized the Building Code Board of Adjustments and Appeals as the appropriate committee to hear appeals to the Fire Prevention Code. The Fire Code Board of Appeals must include members with fire protection engineering experience, or a fire protection contractor with ten years experience, and an electrical engineer. To meet this criteria, the Board of Supervisors needs to appoint two alternates representing these areas of expertise to serve four-year terms. One appointment was made at the September 23 meeting, and there is one vacancy remaining. The altemates will be called to serve when there are appeals to the Fire Prevention and Protection Code. They will also serve as alternates to the Building Code Board of Adjustments and Appeals. 2. GRIEVANCE PANEL The three year term of Henry H. Wise, alternate, expires October 21, 1997. Two additional alternate members were added to the Grievance Panel by Resolution 101497-12, adopted on October 14, 1997. These will also be three-year terms. ti .1 ~- y The Board members have previously discussed potential nominees for the Grievance Panel, and Mr. King Harvey and Ms. Karen Ewell have been recommended to serve as alternate members. At the board meeting, the supervisors may discuss additional nominees if they wish. 3. ROANOKE COUNTY COMMISSION FOR SENIOR AND CHALLENGED CITIZENS At their July 22 meeting, the Board of Supervisors approved the establishment of the above commission and the appointment of two individuals from each magisterial district who meet the criteria of being disabled, physically challenged, senior citizen or a family member who is a caregiver of such a person. Appointments must be made from the Cave Spring Magisterial District (2), Hollins Magisterial District (2), the Vinton Magisterial District (1). 4. COMMITTEE TO ESTABLISH GUIDELINES AND POLICIES FOR PLACEMENT OF COMMUNICATION TOWERS At the September 23, 1997 Board meeting, Supervisor Minnix moved and the Board unanimously approved the expansion of the committee already established by the Department of Planning and Zoning to establish guidelines and policies for placement of communication towers. The expanded committee would include an additional citizen representative from each of the five magisterial districts. Supervisor Nickens has nominated David Jones to represent the Vinton Magisterial District, and Supervisor Harrison has nominated David Shelor to represent the Catawba Magisterial District. Their confirmations are on the Consent Agenda. SUBMITTED BY: Mary H. Allen, CMC Clerk to the Board APPROVED BY: ~~ .~ Elmer C. Hodge County Administrator ----------------------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved () Motion by: Eddy _ _ _ Denied () Johnson _ _ Received () Harrison _ _ _ Referred () Minnix _ _ _ To () Nickens _ _ J ~ `."~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-9 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM J CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. that the certain section of the agenda of the Board of Supervisors for October 28, 1997 designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes -September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communications towers. 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. 6. Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. 7. Acceptance of donation of drainage easements in connection with development of Affordable Efficiency Inn on Florist Road. 2. That the Clerk to the Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Johnson to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance Carol Whitaker, Dir, Special Education & Pupil Personnel Services Dr. Deanna Gordon, School Superintendent Brenda Chastain, Clerk, School Board Vickie L. Huffman, Assistant County Attorney 2 .-~,_ _~ September 9, 1997 ~~~ Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 September 9, 1997 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the second Tuesday, and the first regularly scheduled meeting of the month of September, 1997. N RE: CALL TO ORDER Chairman Johnson called the meeting to order at 3:05 p. m. The roll call was taken. MEMBERS PRESENT: Chairman Bob L. Johnson, Vice Chairman Harry C. Nickens (Arrived 3:18 p.m.), Supervisors Lee B. Eddy, Fenton F. "Spike" Harrison MEMBERS ABSENT: H. Odell "Fuzzy" Minnix STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk; John M. Chambliss, Assistant County Administrator; Don C. Myers, Assistant County Administrator; Anne Marie Green, Director, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend James W. Reynolds, Retired, United Methodist Church. The Pledge of Allegiance was recited by all present. September 9, 1997 523 Carrico, Utility; Joel Baker; Engineering & Inspections; Todd Booth, Engineering & Inspections; Elaine Carver, Procurement and facilitator; and Margaret Slotnick, Consultant. Ms. Slotnick was unable to attend because of another commitment. The team established as their vision "redesigning the process around the customer", and established as their objectives: (1) one stop shopping; (2) reduce number of staff customer comes in contact with; (3) capture data once; (4) continuous customer services; (5) less steps, faster processing of customer applications/requests; and (6) on-site technical support (immediate technical assistance with Code questions). Team member Jerry Hoer presented the changes recommended by the Design Team to improve the business license process. These were (1) reduce the number of steps from ten to one by using the telephone or monthly reports for many approvals; and (2) eliminate a trip to the Courthouse in Salem. Diane Jernigan explained the existing building permit process, which can involve as many as 26 steps, and contact with 3 to 5 people. Joel Baker gave the recommendations to improve the building permit process: (1) reduce the process to one step by creating a Customer Service Center; (2) simplify the Building Permit application for residential construction to one page; and (3) in the first step toward "24 hour service", applications for both processes to be available by telephone, fax or on the Internet. Todd Booth presented the physical layout and signage details and John Murphy reported on the proposed Customer Service Representative Team. Mr. Covey described the short term and long term solutions and commented that some have already been implemented, and some will be in the next six to eight months. Supervisor Johnson asked that the re-engineering be coordinated with the Home Builders' Association September 9, 1997 ~~~ IN RE: PUBLIC HEARINGS 1. Public Hearing and adoption of a resolution pursuant to Section 15.1-238 (E) of the Code of Virginia. 1950 as amended. authorizing the acquisition of and immediate right-of-entry by eminent domain proceedings to an easement through a parcel of land owned bkCarolyn L. Jarvis and Lloxd M. Russ for the water transmission line project. Paul Mahoney, County Attorney). R-090997-2 Mr. Mahoney advised that William B. Hopkins, Jr., Counsel for Roanoke County in this action, was delayed in Radford and could not be at the meeting; and that the Board was briefed on this action during the executive session at the last meeting. An independent appraisal set the value of the property at $218 and while one owner was willing to accept this, the other was not. He advised that minor corrections on pages 1 and 2 should be made to the resolution, and asked that the Board approve the resolution as corrected. There were no citizens present to speak on this issue. Supervisor Johnson moved to adopt the resolution as corrected. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-2 PURSUANT TO SECTION 15.1-238(E) OF THE CODE OF VIRGINIA, 1950, AS AMENDED, AUTHORIZING THE September 9, 1997 527 8. That pursuant to the provisions of Section 15.1-238(E) of the Code of Virginia, 1950, as amended, the Board finds that it is necessary to be vested with those powers granted the Commonwealth Transportation Commissioner pursuant to Sections 33.1-119 through 33.1-129, both inclusive, in order to enter upon the property to be condemned prior to or during the condemnation proceeding for the construction of water transmission lines and any other appurtenances to the water supply system as described above. 9. That the Roanoke County Board of Supervisors hereby condemn the interest in the properties shown on the Exhibit attached hereto and made a part of this resolution and authorize the County Administrator and the County Attorney to sign all papers and documents necessary to this end on behalf of the County. 10. That the Roanoke County Board of Supervisors shall in accordance with Section 15.1-238(E) of the 1950 Code of Virginia, as amended, be vested with those powers granted to the Commonwealth Transportation Commissioner pursuant to Section 33.1-119 through 33.1-129, both inclusive, in order to enter upon and take the condemned property prior to or during the condemnation proceeding so that the construction and maintenance of the water transmission lines as described above may be commenced immediately the Board of Supervisors shall perform the duties and functions required of the Commonwealth Transportation Commissioner in such statutes. 11. That notice of this condemnation setting forth the compensation offered shall be sent by certified mail to the landowners as described above on or before September 23, 1997. 12. That the law firm of Martin, Hopkins & Lemon, P.C. shall be the duly authorized agent and attorney for the County for the purpose of instituting condemnation proceedings and the handling of the acquisition of these properties for the County. Supervisor Johnson moved to adopt the resolution as corrected. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing the vacation of a portion of an existing 20 foot sanitary sewer easement across Lot 4 Block 4. Section 2 of Hollins Gardens (Gary Robertson, Utili~/ Director Mr. Robertson advised that as construction drawings were being prepared September 9, 1997 529 document states that the sewer line will maintain a 10 foot horizontal separation from the existing water line at all points in the easement. This request has no fiscal impact on Roanoke County. He requested that the first reading of the ordinance be approved. Supervisor Johnson moved to approve the first reading and set the second reading and public hearing for September 23, 1997. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the release of an existing 20 foot easement and the acceptance of the conveyance of a replacement easement on property of Mansell Herbert Hopkins. III and Sandra L Hopkins, for access to certain public water facilities. (Gary Robertson, Utility Director2 0-090997-3 Mr. Robertson advised that Roanoke County acquired the Bridlewood Water system on September 1, 1990, and that the 20 foot roadway easement granted in 1977 to provide access to the well lot was never utilized. Access to the well lot and water line has been along an existing gavel drive that serves the Hopkins property. The property owners have requested that Roanoke County vacate the existing easement, accept a new September 9, 1997 531 and all right title and interest that it may own in that certain twenty (20) foot right-of-way across the property of Mansell Herbert Hopkins, III and Sandra L. Hopkins to said Mansell Herbert Hopkins, III and Sandra L. Hopkins. 2) That the County of Roanoke hereby accepts the conveyance of an easement across the property of Mansell Herbert Hopkins, III and Sandra L. Hopkins, said easement being on, through and over the existing gravel drive, the pathway of which is shown on the survey attached hereto and incorporated herein. The County agrees to share equally the cost of maintenance of the existing gravel driveway in its currently existing state or condition. 3) That the County Administrator is authorized to execute such documents and take such actions on behalf of Roanoke County as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. 4) This ordinance shall be effective from and after its adoption. Supervisor Eddy moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 2. Second reading of ordinance authorizina the creation of and financina for a local Public Works Improvement Project, West Main Street Sewer Project. (Gary Robertson, Utility Director. 0-090997-4 Mr. Robertson advised that there have been no changes since the first reading. There was no discussion, and there were no citizens to speak on this issue. Supervisor Harrison moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix September 9, 1997 C~~ thereafter, the cost to participate in the benefits of this service area shall be the prorata share of the construction costs plus the full off-site facility fee in effect at the time of application for utility service, said costs to be paid in full and in advance of connection to the public sewer extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before April 9, 1996, their portion of the cost of extending the public sewer system to their properties in accordance with the following terms and conditions: (a) A down payment of $1,500 for off-site facility fee and financing of $6,500 for construction costs (plus $20Jfoot for road frontage in excess of 100 feet)to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owner agrees to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owner further agrees to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owner also agrees to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 5. That this Ordinance shall take effect on and from the date of its adoption. Supervisor Harrison moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix 3. Second reading of ordinance authorizing the construction of and financina fora Local Public Works Improvement Project, Mountain Heiahts Water Project .jGary Robertson Utilitx Director 0-090997-5 September 9, 1997 535 July 23, 1996). Any citizen participation under paragraph 3. will be advanced as a loan from the Water Fund. 2. That the "Project Service Area" is shown and designated on the attached plat entitled "Proposed Waterline Extension Along Mountain Heights Drive" prepared by the Roanoke County Utility Department, dated August 11, 1997, and identified as Exhibit 1. The Mountain Heights Water Project Area is created for a period of ten years. Any owner of real estate within this service area may participate in and benefit from the public water extension to this service area by paying the sum of $3,155 toward construction costs plus the off-site facility fees applicable at the time of connection (presently $2,690), said costs to be paid in full and in advance of connection to the public water extension. 3. That the Board authorizes and approves the payment by the property owners in the project service area who elect to participate on or before December 9, 1997, of their portion of the cost of extending the public water system to their properties in accordance with the following terms and conditions: (a) Payment of $4,500 per property owner/residential connection (of which $1,345 is one-half of the current $2,690 off-site facility fee based on a 5/8 inch water meter) to be financed for a maximum of 10 years at an interest rate of 8% percent per annum. (b) Property owners agree to execute a promissory note or such other instrument as the County may require to secure this installment debt. (c) Property owners further agree to execute such lien document or instrument as may be required by the County; said lien document or instrument to be recorded in the Office of the Clerk of the Circuit Court of Roanoke County. This lien instrument or document shall secure the repayment of the promissory note by the property owners to the County and shall be a lien against the property of the owners. Property owners also agree to pay the County any Clerk's fees or recordation costs which may be required to record any lien instrument or documents in the Office of the Clerk of the Circuit Court. 4. That the payment by citizens in the project service area, in excess of the 19 anticipated with this ordinance, who elect to participate, shall be made to the various funds as follows: The off-site facility fee shall be returned to the Water Fund, and payment of the construction costs shall be returned to the Public Works Participation Fund until such time as the advance has been repaid. 5. That the County Administrator is authorized to take such actions and execute such documents as may be necessary to accomplish the purposes of this transaction, all upon form approved by the County Attorney. 6. That this Ordinance shall take effect on and from the date of its adoption. Supervisor Harrison moved to adopt the ordinance. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None September 9, 1997 537 ._. ORDINANCE 090997-6 AUTHORIZING THE EXERCISE OF AN OPTION TO PURCHASE AND AUTHORIZING THE ACQUISITION AND ACCEPTANCE OF APPROXIMATELY 1.809 ACRES OF REAL ESTATE (TAX MAP #97.05-01-01 j FROM DAVID E. HARRIS, ET UX, DOROTHY HARRIS MILLER, ET VIR, AND CAROL HARRIS LIKENS FOR PARKS AND RECREATION ACCESS PURPOSES WHEREAS, by Resolution #072297-2, the Board of Supervisors of Roanoke County approved an Option to Purchase Agreement dated July 14, 1997, wherein David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase approximately 1.809 acres of real estate, located on the west side of Merriman Road, across from the intersection with Starkey Road, having a street address of 6461 Merriman Road, Roanoke, Virginia, and being designated on the Roanoke County Land Records as Tax Map No. 97.05-01-01, for the sum of $113,000.00; and, WHEREAS, under the terms of said agreement, the option must be exercised on or before September 15, 1997; and, WHEREAS, the property is required to provide future access to new Parks and Recreations facilities; and, WHEREAS, by Resolution #072297-2, the Board of Supervisors appropriated the sum of $118,000 from the 1992 bond account to cover the purchase price of this property and the related costs of acquisition; and, WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on August 19, 1997; the second reading was held on September 9, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the County Administrator is hereby authorized to exercise the option to purchase and acquire from David E. Harris and Wanda L. Harris, Dorothy Harris Miller and James B. Miller, and Carol Harris Likens approximately 1.809 acres of real estate, together with any improvements thereon, rights incident thereto, and appurtenances thereunto belonging, situate in the Cave Spring Magisterial District of the County of Roanoke, Virginia, located on the west side of Merriman Road, across from the intersection with Starkey Road, having a street address of 6461 Merriman Road, Roanoke, Virginia, and being designated on the Roanoke County Land Records as Tax Map No. 97.05-01-01. 2. That the purchase price of $113,000.00, and the related costs of acquisition up to the sum of $5,000.00, be paid from the 1992 bond account. 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the exercise of the option and the acquisition and acceptance of the property, all of which shall be approved as to form by the County Attorney. September 9, 1997 539 IN RE: CONSENT R-090997-7• R-090997-7 c• R-090997-7 d• R-090997-7.h Supervisor Johnson moved to adopt the Consent Resolution after discussion of Items 10, 11 and 12. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix Chairman Johnson directed that staff provide the Board with additional information concerning the School Board's purchase of mobile classrooms and Saturday classes at William Byrd High School. RESOLUTION 090997-7 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM L CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the certain section of the agenda of the Board of Supervisors for September 9. 1997 designated as Item L -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 12, inclusive, as follows: 1. Confirmation of Committee Appointment to the Industrial Development Authority. 2. Acceptance of water and sanitary sewer facilities serving Canterbury Park, Section 9. 3. Resolutions of appreciation upon the retirements of: (a) Claude G. Lee, Planning and Zoning Department; and (b) Maxine T. Wiley, Social Services Department. 4. Request from the Sheriff s Office to accept and appropriate the Adult Literacy and Basic Education Program grant. September 9, 1997 541 WHEREAS, Claude G. Lee was employed on November 27, 1975, by the Planning & Zoning Department as a Zoning Inspector, was appointed Zoning Administrator on April 1, 1985, and has served as a Zoning Enforcement Officer since June 25, 1988; and WHEREAS, Claude G. Lee consistently demonstrated his commitment to Roanoke County citizens by his effective and professional administration of the zoning ordinance, and WHEREAS, Claude G. Lee, through his employment with Roanoke County, has been instrumental in improving the quality of life for its citizens; and WHEREAS, Claude's Planning Department friends and colleagues will miss his daily friendship and the products of Glenna's baking wizardry! 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 County to CLAUDE G. LEE for over twenty-one years of capable, loyal and dedicated service to Roanoke County. FURTHER, the Board of Supervisors does express its best wishes for a happy, restful, and productive retirement. Supervisor Johnson moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-7.d EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF MAXINE T. WILEY, SOCIAL SERVICES DEPARTMENT WHEREAS, Maxine T. Wiley was first employed on September 15, 1977, as a social worker in the Social Services Department, and has capably served in that position for over nineteen years; and WHEREAS, Maxine T. Wiley always enjoyed working with children and families and was especially helpful to single women with children by serving as a role model, encouraging them in their personal and educational development, and providing information about positive parenting techniques; and WHEREAS, Maxine T. Wiley was always supportive of her clients and promoted self-sufficiency development; and WHEREAS, Maxine T. Wiley, through her employment with Roanoke County, has been instrumental in improving the quality of life for its citizens. 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 County to MAXINE T. WILEY for over nineteen years of capable, loyal and dedicated service to Roanoke County. September 9, 1997 543 organization of the Vinton First Aid Crew, Inc., Cave Spring First Aid and Rescue Squad, Inc., Catawba-Mason Cove Rescue Squad, Inc., Mt. Pleasant First Aid and Rescue Crew, Inc., Clearbrook First Aid and Rescue Squad, Inc., Bent Mountain First Aid and Rescue Crew, Inc., Fort Lewis Rescue Squad, Inc., Roanoke County Fire and Rescue Department No. 5 -Hollins, Roanoke County Fire and Rescue Department No. 11 -Back Creek, and Read Mountain Fire and Rescue Department, Inc., such volunteer rescue squads being organized pursuant the provisions of the Code of Virginia; and BE IT FURTHER RESOLVED that each volunteer rescue squad organization in Roanoke County, Virginia, so recognized by the Board of Supervisors of Roanoke County, Virginia, shall enjoy all the benefits and immunities provided in by the 1950 Code of Virginia. That the Board of Supervisors does fully recognize the contributions made to the County by the members of the volunteer rescue squads. Supervisor Johnson moved to adopt the resolution. The motion passed by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Eddv: (1) He advised that he attended the Garst Mill Greenway grand opening on August 2, 1997 and suggested dedicating a funding source for greenway construction on a year-to-year basis. (2) He asked about the status of the work session on outdoor signage. Mr. Hodge responded that most of issues have been worked out and that Terry Harrington, Director of Planning and Zoning, will report back to the Board. (3) He asked for support to contact the legislators with a position on the delay of the EAP air pollution limits legislation. There was no consensus to contact but Mr. Hodge was directed to call the localities and get additional information. (4) He advised that the reauthorizing of ISTEA in Congress may include provisions that remove the existing local control over designation of scenic byways and All-American roads, and asked for support to contact legislators. Mr. Hodge was directed to prepare a response. (5) He asked for a clarification September 9, 1997 545 to make recommendations. (13) He asked about the status of the Regional Bikeway Plan. He suggested that staff review it and bring it back for formal approval. (14) He asked about the status of the Rural Park & Ride and asked that staff indicate approval. (15) He asked about the status of changes in CORTRAN and when to expect an evaluation. Mr. Chambliss responded that they are in the process of collecting data for the report. (16) He asked about the status of having emergency medical dispatchers. Mr. Hodge advised that the staff has looked at this but they are not ready to go forward. Supervisor Harrison: (1) He advised that it is regrettable, as he saw in the newspaper article today, that efforts to combine health insurance for the localities were unsuccessful. Chairman Johnson advised that Mayor Bowers, City of Roanoke, called him earlier today to express his regrets. Director of Finance Diane Hyatt answered questions and advised that the Consortium will still meet on a quarterly basis to pursue occupational health and dental insurance, and will continue to pursue health insurance. (2) He asked for the status of storm water management and Dr. Harris' problem. Assistant Director of Engineering & Inspections George Simpson responded. Supervisor Eddy asked for a reply from staff to his memorandum of July 15, 1997 concerning storm water management including a source for the funding. (3) He advised that the promotional TV spots for the Marine Mud Run at Green Hill Park are being broadcast with the park being identified as Salem Green Hill Park. He will call the station about this. IN RE: REPORTS September 9, 1997 547 purposes; emergency communications tower site; (3) Disposition of publicly held property; (7) Consultation with legal counsel and briefing by staff pertaining to specific matters requiring legal advice, Town of Vinton; and (7) Consultation with legal counsel regarding pending litigation; Ohio Cellular The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix IN RE: CERTIFICATION OF EXECUTIVE SESSION R-090997-8 At 6:50 p.m., Supervisor Johnson moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Eddy, Harrison, Nickens, Johnson NAYS: None ABSENT: Supervisor Minnix RESOLUTION 090997-8 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: . ` A-102897-9. a ACTION NO. ITEM NUMBER S .Z AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communication towers. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: The following nominations were made earlier during this meeting. COMMITTEE TO ESTABLISH GUIDELINES AND POLICIES FOR PLACEMENT OF COMMUNICATION TOWERS Supervisor Nickens has nominated David Jones to represent the Vinton Magisterial District, and Supervisor Harrison has nominated David Shelor to represent the Catawba Magisterial District. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed by the Board of Supervisors. Respectfully submitted, Mary H. Allen, CMC Clerk to the Board Approved by, Elmer C. Hodge County Administrator / ~ ~ :.~~ J-2 ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Hob L. Johnson to No Yes Abs. Denied ( ) ~.pprove Eddy ~ Received ( ) Harrison x Referred ( ) Johnson ~ To ( ) Minnix ~_ Nickens ~,_ cc: File Committee to establish guidelines and policies for placement of communication towers File A-102897-9. b ACTION # ITEM NUMBER ~=~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 SUBJECT: Acceptance of Water and Sanitary Sewer Facilities Serving Peters Creek Commercial Park COUNTY ADMINISTRATOR'S COMMENTS: ~~~~ o+~• --~¢~ SUMMARY OF INFORMATION: The Developers of Peters Creek Commercial Park, Billy H. and Michael M. Branch, have requested that Roanoke County accept the Deed conveying the water and sanitary sewer facilities serving the subdivision along with all necessary easements. The water and sewer facilities are installed, as shown on plans prepared by Lumsden & Associates entitled Peters Creek Commercial Project, which are on file in the County Engineering Department. The water and sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the water and sanitary sewer construction is $48,400 and $21,200 respectively. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the water and sanitary sewer facilities serving the Peters Creek Commercial Park along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. `~~-, SUBMITTED BY: Gary Robe n, P.E. Utility Director APPROVED: ~j(,G^' Elmer C. e County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L Johnson to No Yes Abs. Denied ( ) ~~rove Eddy ~ Received ( ) Harrison ~_ Referred ( ) Johnson ~_ To ( ) Minnix .~ Nickens ~_ cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections ,-7-3 THIS CHATTEL DEED, made this 9th day of September , 19 97 , by and between: Billy H. And Michael M. Branch , as individuals, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGIMA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parties, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and ,any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that ha~~e been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows; to wit: Page 1 of 4 t~../ ~' As shown on the plan entitled Peters Creek Commercial Project ,made by Lumsden & Associates and on file in the Roanoke County Engineering Department. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. day of adopted by the Board of Supervisors of Roanoke County, Virginia, on the 19 Page 2 of 4 v ~~ WITNESS THE FOLLOWING signatures and seals: Developer: By: As: State of: Virginia County/City of: Roanoke , to wit: The foregoi instrument was acknowledged before me this ~1,~~- ,day of t~;~ ,,,~ 19 ~_, by Billy H. Branch, an individual. ' Notary Yub~c My Commission expires: ~~ ~9 Developer: By: As: State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this ~"~ ,day of ~~._, 19 Ci -7 ; by Michael M. Branch, an individual. ~ Q: ~ ~ ~C Notary Pub ~ My Commission expires: -3 ~ ~Ua Page 3 of 4 X7'=3 Approved as to form: Board of Supervisors of Roanoke County, Virginia County Attorney Bv: Elmer C. Hodge County Administrator (SEAL) State of: Virginia County/City of: Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of 19 , by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: Page 4 of 4 _ _ _ • A • ...~ - - ~ ~ --re ttw ~ \Zf ~ ; •I ~ ~.' LEMONTyIP~~O ~/' `'L /~` -~ ~ ~E~3 ~I ~t r ~ 'O - °4 i ~ ylll ., , oatE ~ .. ~ R4 ice/ I . \ r~, ~ °~ ~!~ F.~Y - ~'~ it ~~ `l h!uu ~ !-i~ I \\~~- '~ y~~~ P~G~~i~S,/ ~~•'~ I / i Y ar4~ ~ AP ( h ~ 6`Q~oM rat. tPiQ~'~~`. -'~-~ •` - ~ I :: ~ Fe'S CHA. THORN~REST \~• 'l~~' I~~ 94a r~ 0~ . ~ ~ ~~ ~~ ~ r ~~ ~J _ ~ I '~ ~'l r`_.__. 7.1'/nr.~ n i 1!OYi1Y~~ .~. vClo 7w4'R T~uPI EM'NN7d. y ,.or ~r:225. ;Kz t -' ~° =i VICINITY MAP `~`~~ '~~'~"~ `~, ~.RFf II LA.~'~r'~.. FA \~ ~ ~ ' 7 ~ o ~ 1 •. •~. +~ i c ~ a oac ~ L 2e o~~ ' .~ "' ~, ~'°~ ;~ as' '~ d' i ~ ~'ibA I' y '!-3 Y / ~ f~Z~ ~~ • • / i ~ a 1 ~~ ~ - .roe ~ L}/Aa ` t ~ ' ,+ f ``~, b ~ 2 ~ \\ 3i c ~ '~ ~ c~ci~,, ,Q +S3 + v `~1 ~ ~ ~ \ ` + ; ~ 0 \ \ '~ s 9 664 ~ h \~ ~ wry ~ yJ ; \ 1 . ~ \ ~ / 1j52 / / ~ ~/ s,s~ FH• / / ` 6: 2 / / ' 1.78 ac e y ' 1 ri +~ •'' ?~ Fe I+ee yla0 , rJ ` \ \'A\ ~... ~a~ \ \ rJ \\'t \ \ ~ ~'t. \ \ \ \ \ \ • u` 0 0 - I Rt \\~ ROANOKE COUNTY ACCEPTANCE OF SEWER AND WATER FACILITIES UTILITY ~ SERVING PETERS CREEK CO!yL^~RCIAL PARK. DEPARTMENT A-102897-9. c ACTION # ITEM NUMBER/ ~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 SUBJECT: Acceptance of Sanitary Sewer Facilities Serving Huntridge Road Sewer Extension COUNTY ADMINISTRATOR'S COMMENTS: ~~ ,~ ~~-~ SUMMARY OF INFORMATION: The Developers of Huntridge Road Extension, Roanoke County Land Venture, Inc. , have requested that Roanoke County accept the Deed conveying the sanitary sewer facilities serving the subdivision along with all necessary easements. The sewer facilities are installed, as shown on plans prepared by T. P. Parker & Son entitled Huntridge Road Sewer Extension, which are on file in the County Engineering Department. The sanitary sewer facility construction meets the specifications and the plans approved by the County. FISCAL IMPACT: The value of the sanitary sewer construction is $20,880.00. RECOMMENDATION: Staff recommends that the Board of Supervisors accept the sanitary sewer facilities serving the Huntridge Road Sewer Extension along with all necessary easements, and authorize the County Administrator to execute a Deed for the transfer of these facilities. ..~ y SUBMITTED BY: Gary Rob rtson, P.E. Utility Di ctor APPROVED: Elmer C . Ho e County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs. Denied ( ) aobrove Eddy ~._ Received ( ) Harrison ~- Referred ( ) Johnson ~_ To ( ) Minnix ~ Nickens ~_ cc: File Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections ~.'°i~ THIS CHATTEL DEED, made this 2 ~ s t day of August ~ 1 g ~c r, by and between: Roanoke CQt~~y Land Venture. Inc. , a Virginia corporation, hereinafter referred to as the "Developer," party of the first part; and the BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, its successors or assigns, hereinafter referred to as the "Board," party of the second part. :WITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual benefits accruing to the parkies, the receipt and sufficiency of which is hereby acknowledged, the Developer does hereby GRANT, CONVEY, ASSIGN AND TRANSFER, with the covenants of GENERAL WARRANTY OF TITLE, in fee .simple unto the Board all water and/or sewer lines, valves, fittings, laterals, connections, storage facilities, sources of water supply, pumps, manholes and any and all other equipment and appurtenances thereunto belonging, in and to the water and/or sewer systems in the streets, avenues, public utility, easement areas, water and sewer easement areas that have been or may hereafter be installed by the Developer, along with the right to perpetually use and occupy the easements in which the same may be located, all of which is more particularly shown, described and designated as follows; to wit: Page 1 of 4 As shown on the plan entitled Huntridge Road Sewe,~,l~ tension ,made by T" P,,, Parker & Sin _ and on file in the Roanoke County Engineering ~'~ ~,/ Depaztment. The Developer does hereby covenant and warrant that it will be responsible for the proper installation and construction of the said water and/or sewer systems including repair of surface areas affected by settlement of utility trenches for a period of one (1) year after date of acceptance by the Board and will perform any necessary repairs at its cost. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance of this conveyance pursuant to Resolution No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , 1 g Page 2 of 4 Developer: By: As: WITNESS THE FOLLOWING signatures and seals: State of V t ~ tJ c Pr County/C~y of: ~~ ,'to wit: The foregoing instrument was acknowledged before me this: ~ sz- ,day of A ST' 19 ~_, By: Charles R. S' son Its President Duly authorized officer Title on behalf of RoanQ~g Coun~,y„j,and Venture, ~.~~_ otary Public My Commission expires: ~ (1rR-c-~l 3 ~~ (`~~_ a~ '~ J Page 3 of 4 Approved as to form: County Attorney State of Board of Supervisors of Roanoke County, Virginia ~ "' '~ BY~ {SEAL) Elmer C. Hodge County Administrator County/City of Roanoke , to wit: The foregoing instrument was acknowledged before me this: day of 19 by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My Commission expires: „_ Page 4 of ~ :, . ~. . _..... Lam= ' L _~~.=Z:7"._;} _ _ _ - ~ ~ - _\ .....\ ' _...' clI::;....~ ~. _t-~ / • • <<;~ ! `ice ~ .... ,~ : ~ ~~ .y .~ c `~ ~~ , - t t - - i ~ f!~ -I I:'j__ -- _1__ _ I I I ~~ -i. -L t 1 ` t i_ _ ~---=-: „ _ :'ra _~ :~ :. - . - -I- " ; f Y_ - ' I i i 1-1 g~ i I I ~ I I ~ - I .. L L_ , ..i .I. I I I - _ - , '~ '~ i4 _ ~ I~ a ' ~ ! Y FIO 7 6E R OAO I I I : I I ', ;~ t ~. I -I}-t ~ .U I I I - _ . _ _ _ _ -i- .._ - - ;-- _- ~ ~ ~~ I ~ • ~ ~I ~ I I I I I I ly ~rn I L I ' d - -L - ___._ _ a I _ I I I _ I I ~ ~ nunrruocc Ro.D ~.:.rcan ~ ~ ~ I ~ ^ ~~ ~~ I ~ L ! I I ~ ; ~ I ti~ .f WYSDGY ,LSSOCIA~, 2.C. ncnms-nzrtrca•n.xnoa I - ~,-}- -- -- I I ! I~---1 -'- I ~ ~-~ -I t ~ -t'- .. I - o c n.cwu ^ ROANOKE COUNTY UTILITY DEPARTMENT - ACCEPTANCE OF SEWER FACILITIES SERVING HUNTRIDGE ROAD E:~T . ~7 / i. - i `~ R A-102897-9. d ACTION NUMBER ITEM NUMBER ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER. MEETING DATE: October 28, 1997 AGENDA ITEM: Acceptance of a Donation to the Roanoke County Police Department by Moose Lodge # 284 COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: Moose Lodge #284 has requested the Board°s approval to donate $1500.00 to the Roanoke County Police Department's Canine Unit. The funds if approved will be used to purchase night vision equipment for the canine unit. SUMMARY OF INFORMATION: The Police Department requests approval to accept this donation. FISCAL IMPACT: The donation will assist the police department in purchasing night vision equipment. In the current budget, no funds have been allocated for these expenditures. STAFF RECOMMENDATION: The staff recommends acceptance of this donation. ~~ Attachments• SUBMITTED BY: ~JG_.__ yes R. Lav er ief of Police APPROVED: Elmer Hodge, Jr. County Administrator ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: Bob L. Johnson to No Yes Abs. Denied ( ) approve Eddy ~_ Received ( ) __ Harrison ~_ Referred ( ) Johnson .~ To ( ) Minnix ~- Nickens ~- cc: File James R. Lavinder, Chief of Police Diana D. Hyatt, Director, Finance A-102897-9. f ACTION NO. ITEM NO. ~`' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: ACCEPTANCE OF DONATION OF DRAINAGE EASEMENTS TO THE BOARD OF SUPERVISORS IN CONNECTION WITH DEVELOPMENT OF AFFORDABLE EFFICIENCY INN ON FLORIST ROAD COUNTY ADMINISTRATOR'S COMMENTS: ~ ~~~ SUMMARY OF INFORMATION: This consent agenda item involves the donation of the following easements to the Board of Supervisors of Roanoke County, Virginia, in connection with the development of the Affordable Efficiency Inn on Florist Road in the Hollins Magisterial District: a) Donation of a drainage easement, seven and one-half feet (7.5') in width, from Lance A. Copperman, et ux, (Deed Book 1288, page 509; Tax Map No. 38.10-7-25.2), as shown on a plat prepared by Brightwaters Engineering, dated May 4, 1997, a copy of which is attached hereto as Exhibit A. b) Donation of a drainage easement, seven and one-half feet (7.5') in width and extending to a variable width, from Affordable Efficiency Inns, Inc., a Virginia corporation, (Deed Book 1532, page 1962; Tax Map No. 38.10-7-25.3), as shown on a plat prepared by Brightwaters Engineering, dated May 4, 1997, a copy of which is attached hereto as Exhibit A. The location and dimensions of these easements have been reviewed and approved by the County's engineering staff. *~ STAFF RECOMMENDATION: Staff recommends acceptance of the donation of these easements. Respectfully submitted, Vic 'e L. Huffma Assistant County Attorney ---------------------------------------------------------------- ACTION VOTE Approved (x) Motion by: fob L. Johnc~n to No Yes Abs. Denied ( ) abnrove Eddy _~ Received ( ) Harrison _~ Referred ( ) Johnson ,~ To ( ) Minnix _~ Nickens ~_ cc: File Vickie L. Huffman, Assistant County Attorney Gary Robertson, Director, Utility Arnold Covey, Director, Engineering & Inspections 1 f 0 0 0 N V 0 N N z _"':~Ezhibit A Notes: :o~~yALTH ~ 9 I. This plat was prepared without the benefit of a current title report and there may exist encumberances not shown hereon, qqD c V 4lE} y 2. Thls plat was prepared for the dedication of a drainage ; ,,, easement and a stormwater management easement, and does not ~ iois~ constitute a boundary survey. 9a s y_j7 3. Area of Draiusge Easement: e. 07 Ades ~Fr'r'oNgl EN~~ 1 TM- MAP 38.~o-'t- tS.r. N L7' Y2 ~Ze "~ gY. Sd . yt •. ~ ~ N~''tb ~. .,d ~, .8 ~ •g ~rc N 0 I C 0 r N ~ I I TAr- rM.h 31•~a -'i - 25 .3 (P. t~tor+ of 7Ax Mai 38,30-7-~.5~ Plat Showing - N 7.5 ft. Drainage Easement Hereby Dedicated for Public Use Property of - Lance A. Copperman 5540 Florist Roatl Roanoke, Virginia Tax Map 38.10-7-25.2 and Tax Msp 38.10-7-25 (portion ot) Hollins Magisterial District f ~ ~\ ~ I `/ r 0 N Z N !. S Fr ~, pe~,~Kt~aE } .8 W e EASEMEUT 0 } C~ ~~ ~ N 1~1 l~ ~ e~ . E, ~, I ix '4~~ ~ ~14 .--. ~ r/ ~'' Scale: 1" = 30 ft. May 4, 1997 Brightwaters Engineering S.lem, Virginia ACTION #~-102897-9. e ITEM NUMBER ~-` MEETING DATE: October 28, 1997 AGENDA ITEM: 1997-98 IDEA Part B (Section 613) Flow Through Grant Award COUNTY ADMINISTRATOR'S COMMENTS: ~~"~ °~~~~ BACKGROUND: The grant award is based on the per pupil amount of $483 multiplied by the division's December 1, 1996 count of children with disabilities ages 3-12. SUMMARY OF INFORMATION: Roanoke County Schools received an additional amount of $286,314 for the 1997-98 school year due to an increase in the per pupil amount over the 1996-97 grant award and an increase in the December 1 child count. FISCAL IMPACT: Additional funds for use in supporting programs for students with disabilities. STAFF RECOMMENDATION: Staff recommends appropriation of $286,314 to the Flow Through Grant fund. ~~~ Carol Whitaker Director of Special Education and Pupil Personnel Services Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ~~~ Elmer C. Hodg County Administrator ACTION Motion by: Bob L. J".~hns~n to apx~rove cc: File Carol Whitaker, Dir, Special Education & Dr. Dean:~a Gordon, School Superintendent Brenda Chastain, Clerk, School Board Diane D. Hyatt, Director, Finance VOTE No Yes Abs. Eddy _~ Harrison "~ Johnson ~ Minnix -2~ Nickens ~_ Pupil Personnel Services ACTION # ITEM NUMBER I 1 - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request for a work session for the Secondary Road System Six-Year Construction Plan for Fiscal Year 1998-2004 and consideration of Projects for FY 1998-1999 VDOT Revenue Sharing Program. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: VDOT and County staff request the Board of Supervisors to schedule a work session for November 18, 1997 to review and finalize the proposed plans. BMITTED BY: Arnold Covey, Director of Engineering & Inspections APPROVED BY: Elmer C. Hodge County Administrator Approved Denied ( ) Received ( ) Referred . To ACTION VOTE Motion by: No Yes Abs Eddy _ Harrison _ Johnson _ _ Minnix _ Nickens pc: Virginia Department of Transportation r1 Congressmen Bob Coodlatte tfiiginia's 6th District ~z;~ cAruNON H,O.B. - WASI-+INGTON, D.C. 2os~S Phone: t2o2~ 225-5a31 Fax; (2o2y g2g_8681 i DATE: October 28,199 i CQNTACT: ELLEN STR4UI) ~LU~ RrD~~ P~WAY IN TERPRE ~CIVEIVI SITORS CENTER IN ROANOKE VALLEY ANNOUN CED BY ~~GOODLATTE ~ASI~INGTON D.C. - C~1~NGR,ESSMAN BOB GOOULA'1TE TODAY ANNOUNCED TI~AT A N,~;W INTERPRETTVF.JVISITORS CENTER ON TI~I>;/ BLUE RIDGE PARKWAY ~ T~ ROANOKE VALLEY IS ON ITS WAY TO BECOMING A REALIT~r', "The Roanoke Valley has been. seeking an Interpretive Center on the Blue Ridge Parkway fox 2~~years, and I am extremely pleased to announce that the wheels are now in ~not:on un this impurlant project," Goodlatte said. Local and state particilation in the project will account for half of the total costs of design and cvnstc•ucr ~.c~n, matching the 50 percent participation by the federal government. Design end constn~ction of the Center is expected to total $~.1 million. "A new Blue Ridge P~~,rkway Interpretive Center will be a boon for tourism in the Roanoke Val ley. This Center is part of the continur~~~s e~ffo~-t to increase tourism- and jobs throughout the Roanoke Valley." The United States Hou~.e of Representatives rased the Interior Appropriations Confcrence Reporl un October 23. The U.S. Senate passed the -more- C'onference Report on October 28, and it now goes to the president for signature, Following is the specific la~r~guage from the Conference Report: The Committee provides $300,000 to conduct an environmental impact statement of a site proposed for an rnterpretivc center atadc~ the Blue Ridge 1'arlcway near Roanoke, Virginia. Shop ld this site be feasible, the Committee will consider the project if there is a forma agreement on the details of the partnership. This proposal should contain t ~e total costs, firmvide for at least SOI50 cost share and a commitment in writing from the Commonwealth of Virginia, or other government body, that the operations will Ue a xiun-Federal responsibility. "I am very optimistic that the area local governn~ezits dnd the state will come forward to do their share to;inalCe this center a reality," said Dr. Harry Nirkens, Supervisor for County df Roanoke. The environmental in,;rpact statement will study a site near Explore Park and once developed will help to.tttract many of the seven million annual parkway visitors to the park and into she Roadroke Valley. "I am proud to be able to do m3' part in Congress to romote 'obs in Roanoke V:sliey and Indeed across the Sixth Congressiona] District., the ### ~r GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Balance at June 30, 1997 $6,727,668.00 Revenue Amendment based on 3rd Qtr review 3,355,509.00 Adjustment based on 1996-97 operations (468,304.00) Audited Beginning Balance at July 1, 1997 9,614,873.00 9.69% Addition from 1997-98 Budget -Transfer of Garage Operations to the County 200,000.00 Aug 19, 1997 First installment payment on West County Business Park (1,000,000.00) Sept 23, 1997 Revenue Sharing Payment to Botetourt County through June 30, 1997 (158,280.86) Balance at October 28, 1997 $8,656,592.14 8.72% Changes below this line are for information and planning purposes only. Balance from above $8,656,592.14 West County Business Park -balance (2,000,000.00) Reserve for R.R. Donnelly -Phase II (730,700.00) Reserve for Valley Gateway sewer extension (150,000.00) $5,775,892.14 5.82% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1997-98 General Fund Revenues $99,264,769.00 6.25% of General Fund Revenues $6,204,048.06 Respectfully Submitted, Diane D. Hyatt Director of Finance -cam... CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Beginning Balance at July 1, 1997 $1,113,043.00 Amount added from 1996-97 operations per rollover policy 744,687.00 (October 14, 1997 Transfer to Future School Capital Fund (1,113,043.00 Balance at October 28, 1997 $744,687.00 ote: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park prof ect. Respectfully Submitted, Diane D. Hyatt Director of Finance M:\Finance\Common\Board\Cap97.WK4 ®- ,3 RESERVE FOR BOARD CONTINGENCY COUNTY OF ROANOKE, VIRGINIA Amount From 1997-98 Original Budget $143,000.00 October 14, 1997 Design of South County Park (20,000.00 Balance at October 28, 1997 Respectfully Submitted, Diane D. Hyatt Director of Finance $123.000.00 I M:\Finance\Common\Board\Board97. WK4 ACTION #. ITEM NUMBER ~ - AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Accounts Paid -September 1997 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: $5,191,019.84 Payroll: 9/5/97 $648,237.90 9/8/97 149.74 9/19/97 665,138.73 $1,313,526.3 1,313,526.37 $6,504,546.21 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Diane D. 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U W ~~ -~ Cluix~#g u~ ~u~cn~~e ~- ~' ~ r.~ O~ ROANO~F ~, , L ti p Z ~ J ~%~ ~ d~ 1838 DECLARING THE WEEK OF OCTOBER 99 THROUGH 25, 9997 AS YWCA WEEK WITHOUT VIOLENCE WHEREAS, the YWCA Week Without Violence, a public awareness campaign led by the YWCA, falls on October 19 through October 25, 1997; and WHEREAS, the YWCA, the oldest women's membership movement in the United States, has a long history of empowering women and families, fostering racial justice, and preventing violence; and WHEREAS, the YWCA represents more than one million women, girls, and their families through 363/oca/member associations with programs in more than 4,000 communities in all 50 states; and WHEREAS, the YWCAs across the country provide a wide range of programs and services including: battered women's shelters and counseling, residence for women and children, child care, support to victims of rape and sexual assault, job training, sports and fitness, and legal advocacy; and WHEREAS, the campaign will focus unprecedented attention on practical and sustainable alternatives to vio/ence at YWCAs, schools, community organizations, neighborhoods, and workplaces nationwide, and in 95 countries around the world; and WHEREAS, the campaign will provide a series of national and local forums that will inspire communities to work together to create effective alternatives to violence, and the YWCA Week Without Violence is a challenge to all Americans to spend seven days without committing, condoning, or contributing to vio/ence. NOW, THEREFORE, 1, Bob L. Johnson, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim throughout Roanoke County the week of October 19 through 25, 1997, as YWCA WEEK WITHOUT Bob L\Joh?~on. Chairman ATTEST: i~~ZGeiLL~ ~ ~-~-GGc-,/ Mary H. Allen, Clerk C~II~I1t~~1 II~ ~nttnuke p . (o ~ r.~ O~ FtOANp~~ ~, ~- ~o z ~ ~ a v ~~ d2 1838 OF CONGRATULATIONS TO ALPHA DELTA KAPPA, INTERNATONAL HONOR SOCIETY FOR WOMEN EDUCATORS, UPON ITS FIFTIETH ANNIVERSARY WHEREAS, Alpha Delta Kappa, an international honor society for women educators, was founded in 9947 to help Teachers enhance their professional attitudes and attributes; and WHEREAS, Alpha Delta Kappa has over 57,000 members worldwide in over 9,900 chapters with their membership. comprised of a broad spectrum of educators by teaching speciality and by years of experience and age; and WHEREAS, Alpha Delta Kappa is united in the common goals of educational excellence, altruism, and worldwide understanding; and WHEREAS, Lambda, the local joint chapter with Roanoke County and the City of Salem, will be celebrating The Fiftieth Anniversary of Alpha Delta Kappa at a Founder's Day Luncheon on October 25, 9997. NOW, THEREFORE, 1, Bob L. Johnson, Chairman of the Board of Supervisors of Roanoke County, Virginia, do hereby congratulate ALPHA DELTA KAPPA upon its Fiftieth Anniversary and wish to recognize the members of the Lambda Chapter for their efforts at promoting excellence in education. Bob L. Johnsohairman ATTEST: Mary K Allen, Clerk r ACTION NO. ITEM NUMBER ~ "~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Report of Claims Activity for the Self-Insurance Program COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: In accordance with the Self-Insurance Program, Ordinance #61494-4, Section 2-86.C, attached is the First Quarter (July, August and September) claims activity and status report. FISCAL IMPACT: STAFF RECOMMENDATION: Respectfully su ~~~~ Robert C. Jernigan Risk Manager Approved by, `~ .~ Elmer C. Hodge County Administrator Approved Denied ( ) Received 1 1 Referred ( ) To ( ) Motion by: ACTION Eddy Harrison Johnson Minnix Nickens VOTE No Yes Abs g:\riskmg mt\trustees\board. rpt ~ _ ~'~!' ° ° °D m rn ° ° . ...- z o, a , ~ i, r , ~ W O O I~ O N N n to rj O n Q ~ Q) a O QFQ y ~ y ~ ` ` ` ` a ~ d a ~ m m V ~ m m m o Z Y C C C m C c o C U ~ o 3 ~ ~ ~ ~ ~ Q ~ Y Y Y Y Y N N_ _N N _N N N ~ ~ ~ ~ _ ~ Q ~ ~ ~ ~ V ~ O O O O N O O U U U U U U O O O O O O O p ~ O O O O O O p T y ~ ~ ~ W ~ ~ M Q ~ W a 00 W F- s a LL W N F- °C n O ~ ~ ? a~ rn ~ a a N W Q W ~ O O N ~ o. a V1 ' N y ° L F.. ~ W ~ , , 10 Y Z W F' f' N > > ; ,N W O O C Z F W v ~ a~ O1 •° aQ J V C C ~ ~ Y , ~ Q V O N O7 ~ y l0 a ? ~ ~ 3 3 O. Y Y Y ~ Y ''' V U ~ W W W ~ ~ ~ Z y W O O ~ y ~' ~ ~ W C7 ~ ~ j O) c N ~ O y ~ y J 3 ~ r r E U , ~, r ~ n ~ > > a > ~ c H z ~ W N Q .Y C ~ ~ a > > > > ~ a v` ` m 0 H Z n n n n n n n ~ W W m rn rn rn rnrn m E ~ V Q M ~ ~ Of G O _ N O N M _ E V n n n W n n n Y Q O O O O O O O ~? _ Q! ~ O N ~ W N C Q J Z O O O O O O O ~ U d rn m a ~i ~ Z l0 O 1~ n n W W O w Q) O M pj ~ ~ c o m d ~ ,~ aQ ~ ~i ~ ~ s O ~ ~~ N E N E N E Q N J m '~ d 01 ~ ~ m ~ a~ O) a~ m V? Y C Y Y p C A C 0 3 ~ 3 .3 ~ ~ Q ~ Y ~ -p Y Y N N_ y N _N N ~ C: ~ ~ ~ Q ~ V d V N D N C ~ N C N O O O p, O a U U U O U O O O O O O O ~ O O O O O O O W N O O O ~ ~ ~ N ~ ~ ~ ~ Q O ~ M ~ W F- pp N ~ W LL ~.., a ~ w ~ y O ' n Z ~ ~ O y ~ a ~ 3 F- O U rn ~ F- v1 } to C C Z ~ ? F- 7 ~ ~ d ~ N W W Z U `7 U Q Z ~' O ~ m °' d ~ m a a F > 3 U U > 3 a Q a ~ ~ ~ ~ ~ m i Z o v` o o ~ w ~ Y Y ,L t Y Y 1 U U •+ ~. U U ~ "'~ ~ .p ~ O O ~ ~ W (/) Q .. N N ~ N ~ N N N W ~ ~ C C ~ Of ~ ~ C Y C Y y O C C Y Y ~ m m ~ ~ m m O H ~ ~_ d d N ~.. Q N ~ N ~ y 3 N m a w 'O_ V a~ U >, ~+ N Y ~_ N D O O O '++ 1C O C ' cn v~ a ~ a v~ ,; a v ` m Z n n n n n n 0 ~ W ~ ~_ ~_ ~ ~ m ~-' O ~ Q ^O ~ ~ N '~ ~ ) v~ ~ ~ o rn ~ n n o . Q O O O O O O y ~ O N O O O O M O ~ Z O O O O O O y O a w ITEM NUMBER ~-- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Report on Unpaved roads in Roanoke County. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Attached is the current list of unpaved roads in Roanoke County. Virginia Department of Transportation, at the County's request, provided the list along with information showing traffic counts and the length of unpaved road sections. According to the unpaved roads list, there are approximately 24.16 miles of unpaved roads in Roanoke County of which only 5.7 miles are eligible for paving. Last year Roanoke County placed three of the nine unpaved roads with 50 or more vehicles per day on the Six-Year Secondary Road Construction Plan. Most of the unpaved roads in Roanoke County exist within 30 feet prescriptive easement. Roads that are constructed within the Six Year Construction Plan are designed and constructed to VDOT's minimal standards within a 40-foot right of way. This year, the General Assembly amended Section 33.1-70.1 of the Code of Virginia to allow the paving of unpaved secondary roads carrying fifty but no more than 750 vehicles per day on a right of way of less than 40 feet, subject to certain conditions. One of the conditions outlined under the new legislation is that "the county will consult with the resident engineer to evaluate the project for paving within the existing right of way." County staff has consulted with VDOT staff and determined at this time that none of the current unpaved road projects listed on the Six-Year Secondary Road Construction Plan qualify under the special conditions. If this determination changes during the design or acquisition of right of way, County staff will bring forth the necessary resolution or resolutions for the Board of Supervisors approval. 1 Y STAFF RECOMMENDATION Staff recommends no action at this time. SUBMITTED BY: '~ '~ Arnold Covey, Dir ctor of Engineering & Inspections ACTION Approved ()Motion by: Denied ( ) Received ( ) Referred To 2 r APPROVED BY: ~ ~~ Elmer C. Hodge County Administrator VOTE No Yes Abs Eddy Harrison Johnson Minnix Nickens M ' ~ ~ ROANOKE COUNTY GRAVEL ROADS ROANOKE COUNTY GRAVEL ROADS WITH 50 OR MORE VEHICLES PER DAY STREET NAME ROUTE FROM TO LENGTH VEHICLE DAWNWOOD RD RTE 691 DEAD END 0.59 MI N DEAD END 0.59 MI 159 BOONES CHAPEL RD RTE 614 RTE 677 RTE 677 0.30 MI 147 ROCKY RD RTE 744 0.04 MI N RTE 607 1.0 MI N RTE 607 0.60 MI 87 BOONES CHAPEL RD RTE 614 FRANKLIN CO. LINE RTE 677 0.70 MI 73 WILLOW BRANCH RD RTE 677 DEAD END RTE 614 1.30 MI 70 SLINGS GAP RD RTE 612 BLUE RIDGE PARKWAY FRANKLIN CO. LINE 0.50 MI 65 PATTERSON DR RTE 669 RTE 607 FLOYD CO. LINE 0.92 MI 65 SLINGS GAP RD RTE 612 1.05 MI RTE 916 RTE 786 0.20 MI 64 KING BROTHERS RD RTE 865 FLOYD CO. LINE RTE 669 0.59 MI 54 5.70 MI SUBTOTAL ~ ~~ ~ ~ ROANOKE COUNTY GRAVEL ROADS WITH LESS THAN 50 VEHICLES PER DAY STREET NAME ROUTE FROM TO LENGTH VEHICLE SUGAR CAMP CREEK RD RTE 690 .20 MI RTE 612 E RTE 612 2.80 MI 43 HONEYSUCKLE RD RTE 916 DEAD END RTE 612 5.35 MI 43 MILL CREEK RD RTE 889 DEAD END RTE 711 0.85 MI 41 IVY RIDGE RD RTE 708 0.38 MI E US-221 1.10 MI E US 221 0.72 MI 39 BERRYBROOK DR RTE 727 RTE 622 DEAD END 1.70 MI 34 BERGANBLICK LN RTE 759 RTE 752 DEAD END 0.20 MI 32 MONCAP TR RTE 1728 DEAD END RTE 923 0.20 MI 32 WILLOW BRANCH RD RTE 677 US-220 DEAD END 0.20 MI 31 VINYARD RD RTE 764 DEAD END RTE 752 0.30 MI 30 BEASON LN RTE 857 RTE 847 DEAD END 0.20 MI 30 WORMACK RD RTE 1906 DEAD END 0.15 MI E DEAD END 0.15 MI 28 OLD BENT MOUNTAIN RD RTE 870 DEAD END RTE 752 0.33 MI 25 CROWELL GAP RD RTE 657 0.75 MI E RTE 666 FRANKLIN CO. LINE 0.75 MI 24 WEBB RD RTE 615 FRANKLIN CO. LINE 0.65 MI FRANKLIN CO. LINE 0.65 MI 22 LEMON LN RTE 709 DEAD END RTE 618 0.25 MI 20 SOUTH INDIAN GRAVE RD RTE 845 RTE 676 DEAD END 0.20 MI 16 PIONEER DR RTE 703 RTE 636 BOTETOURT CO. LINE 0.16 MI 6 POOR MOUNTAIN RD RTE 636 2.0 MI E RTE 639 RTE 916 3.45 MI 0 18.46 MI SUBTOTAL + 5.70 MI 24.16 MI TOTAL * DENOTES A STREET WHICH IS CURRENTLY ON THE SIX-YEAR ROAD PLAN ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIlZGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Work Session on the Results of Operations for the Year Ended June 30, 1997 COUNTY ADMINISTRATOR'S COMMENTS: I am sure you will be pleased with the work session and the attached report. It has been a good year in marry ways. We are beginning to see the success of the financial policies adopted by the Board last year. Our savings from operations will, by your policy, rebuild the capital reserve. The quarterly financial reviews have allowed us to buffer the ups and downs of the revenues through the year and rebuild our reserves. We look forward to reviewing this with you. SUMMARY OF INFORMATION: This time has been set aside to review the results of the operations for the year ended June 30, 1997. Information for this work session is included with the Action Item that will betaken at the conclusion of this work session. SUBMITTED BY: Diane D. Hyatt Director of Finance Approved ( ) Denied ( ) Received ( ) Referred ( ) To () m;\finance\common\board\ 10-28-97b October 24, 1997 APPROVED: ~ 1 Elmer C. Hodge County Administrator No Yes Abs Eddy Harrison Johnson Nickens ---~ t -Iw 1 N T E R MEMO O F F I C E To: Members, Board of Supervisors From: Elmer Hodge, County Administrator Subject: Rollovers Date: October 28, 199? The Rollover Policy, adopted by the Board of Supervisors, allows each department to request 60% of their unexpended, unencumbered funds at yeaz end to be rolled over into the next budget yeaz for specific expenditures. These requests are reviewed and approved by the County Administrator. A Board member has requested to see the detail of departmental requests for this year. Attached is a summary of those requests that includes the amount of the rollover and a description of the request. a County of Roanoke Rollover Appropriation FY 1996-97 to FY 1997-98 FY 97-98 Department R uest Rollover Description Board of Supervisors 2,800 Chair/fireproof file cabinet $1,000; Intern $1,000; Special Events $800 ''I County Administrator 652. Staff Development Community Relations 5,000 Upgrade Printer; Annual Report through Roanoke Times County Attorney 7,748 Codification of County Code; Legal svcs for CAN issues Human Resources 6,261 Education of departmental supervisors -Additional training courses Econ. Development 6.17 Offset costs of unbudgeted special events (groundbreaking, etc) Commissioner of Revenue 6,000 Replacement of PCs/Printers (2) Sheriff 15,264 5,433 Clerk of the Circuit Court - 1,919 J & DR Court 1,270 Court Service Unit 53,357 Asst. Co. Admin. - Mgmt. 3,661 Computer upgrades; memory, 2 PC's; 2 laptops Update of Office and Inmate Poiicy Manuals. State will provide match for computer upgrades in office Offset increases in several operating accounts. No budget increase Phase I & II feasibility study of regional detention facility Special Events--Sister Cities, Opole visitors, Japanese visitors Real Estate Management 1,982 Upgrade PC for new financial/purchasing system Property Management 2,000 Software upgrade for fleet management system Finance 1,901 Computer equipment--new Payroll/Human Resource system Management and Budget 509 Offset unbudgeted costs for VPI intern work within the office. Procurement 1,337 Upgrade NIGP commodity codes, training for Spec. writing and Contract Administration, upgrading Perf. Purch. vendor files. Police Department ~ 30,8851 Continued replacement of patrol vehicles that meet replacement standards Outlined in the Vehicle Replacement Policy, Fire and Rescue 14,2$2 Vehicle replacement -Sedan County of Roanoke Rollover Appropriation FY 1986-97 to FY 1997-9a FY 87-98 Department R uest Rollover Description Engineering and Inspect. _ 16,000 7, 995 ...........6;:900 `9,71'3 Dixie Caverns Leachate Hauling 361,076 General Services 18,OQQ Planning and Zoning 4,432 Bldg. Permits and Dev. Svcs 3,876 Asst. Co. Admin. - Hmn Svc 1,426 Parks and Recreation 21,439 Grounds Maintenance - 16,394 Health Department 48,847 Social Services 22,540 Library 16,883 Elections 18,272 Total General Gov't Exp 738,671 MIS: 2,356 Communications 4,516 Replace Chev. sedan w/ 136,903 miles-Inspector's vehicle Reenginnering costs--renovation of 2nd Floor per design team. PC and Monitor replacement (3) -Engineering/GIS Computers; 386s need upgrades for new systems -Inspections area Rollover of unexpended leachate removal funds, due to dry weather, to help off-set costs of sewer line extension to the site. Asbestos removal at Brambieton Senior/Teen Center. Operating costs associated with completion of the Comprehensive Plan. Upgrade PC to new technology; operating expenses. Upgrade PC to handle new accounting system. Replacement Van (programs) Deck mower; replacement of soccer goalslequipment at various sites. Vinton office upgrades including updating phone system and first floor carpet replacement. Staff is identifying other pressing needs. Expansion of new floor in administrative offices; furniture, etc. Chair reptac. $1,757; Facility study $2,500; Partial funding Phone System $1,500; Additional book purchases $11,126 $6,000 upgrad/reptac. 2 PC's $12,272-Expenses related to June Primaries; set-up fees for absentee election equipment; Motor Voter expenses Hardware upgrades on existing systems Laptop computers for tower sites. Total A)l Funds E 745,.5.4: d G d '"' Q~ a 0 a ~a 0 L a c m m C tQ t U d o~ c m v a~ a c C a r rn rn ~ii rn rn m ~i rn M m 6N7 O } ~ l0 f ~, m r b A D \° ~ O M 0 r `o c a~ a~ a~ a 0 a m a .. .Q w+ C~ C ~+ a a~ a~ a~ c a~ rn c c~ L U C N U N a a N N .~- ~ N O ~ p ~ 0 0 ~ N N ' ~ ~ e6uey~ "~o ACTION NO. A-102897-11 ITEM N UMBER. - I ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request for Appropriation as a Result of Operations for the Year Ended June 30, 1997 COUNTY ADMINISTRATOR'S COMMENTS SUMMARY OF INFORMATION: KPMG Peat Marwick, LLP has completed their audit of the financial operations of the County of Roanoke and County of Roanoke Schools for the year ended June 30, 1997. The County received a favorable opinion. The printed Comprehensive Annual Financial Report will be distributed to the Board as soon as it is received from the printers. The Audit Committee will meet prior to this Board meeting to review the results of the years operations. County Operations: The County operations for the year ended June 30, 1997 resulted in savings of $1,490,230, as shown on attachment C. Based upon the rollover of year end savings policy, the departments were able to request up to 60% of the savings within their own department for special purchases and programs as approved by the County Administrator. These approved departmental rollovers total $745,543. This leaves a net expenditure savings of $744,687. Based upon the rollover policy, this amount will be transferred to the Capital Unappropriated Balance. Based upon the 1996-97 third quarter revenue review, the Board was anticipating an increase of $3,355,509. The actual general fund revenues were $510,743 under the amounts reviewed with the Board at the third quarter review as shown on Attachment B. The main source of this difference was personal property taxes. The rapid growth in the area of new car sales for the 1995-96 year caused us to be overly optimistic about the sales for 1996-97. Staffwill review with the Board in a later worksession the impact that this will have upon our 1997-98 budget projections. The impact on the general fund unappropriated balance is an increase of $2,887,205 for the year, as shown on Attachment A. The general fund unappropriated balance at June 30, 1997 is $9,614,873. This is an increase of $997,982 from the general fund unappropriated fund balance at June 30, 1996. M:\FINANCE\COMMON\BOARD\10-28-97.WPD October 24. 1997 ~-iv School Operations: In addition, the School operations for the fiscal year 1996-97 resulted in a year end surplus of $1,122,275, as a result of expenditure savings. Of this amount, $29,489 are encumbrances and commitments from the 1996-97 operations. The Board has previously approved the use of $152,200 for the purchase of mobile classrooms. The Schools have committed to add $500,000 of their surplus each year to the bus fund. The remainder of the surplus will be allocated as shown on Attachment D. At their meeting on October 23, 1997 the School Board approved the use of surplus as shown on Attachment D. They are requesting County Board concurrence on these items. STAFF RECOMMENDATION Staff recommends the following: 1. The County net surplus of $744,687 be appropriated to the Capital Unappropriated Fund, according to the rollover policy. 2. The School net surplus of $1,122,275 be appropriated as shown on Attachment D, as requested by the School Board. 3. The net increase of $2,887,205 be appropriated to the General Fund Unappropriated Balance. SUBMITTED BY: ~~ m~~ ~~ ~ Diane D. Hyatt Director of Finance APPROVED: n Elmer C. Hodge County Administrator Approved (x) Denied () Mi.nxlix to ppropr. iate Edd r .: , _ iew y Received () and refine rollover Harrison Referred O Policy and bring back Johnson t To ()March 19 9 8 Minnix cc: File No Nickens Diane D. Hyatt, Director, Finance Dr~ Deanna Gordon, School Superintendent Brenda Chastain, School Board Clerk Yes x x x X x Abs M:\FINANCE\COMMON\BOARD\10-28-97.WPD October 24. 1997 iv County of Roanoke Attachment A General Operating Fund Results of Operations For the Year Ended June 30,1997 Variance Budget Actual Amount Revenues $94,802,194 $94,291,451 ($510,743) -0.54% Expenditures (46,756,349) (43,937,561) 2,818,788 -6.03% Beginning balance 11,477,376 11,570,368 92,992 0.81% Transfer in 262,640 262,640 0 0.00% Transfers out (51,902,684) (51,953,237) (50,553) 0.10% Proceeds from lease/purchase 2,200,000 2,200,000 0 0.00% $10,083,177 $12,433 661 2,350,484 Encumbrances and previously approved (1,328,558) Departmental rollover (745,543) Transfer to Capital Unappropriated Balance per rollover policy (744,687) Reduction of General Fund Unappropriated Fund Balance (468,304) 1996-97 third quarter revenue review adjustment 3,355,509 Net change for the year in General Fund Unappropriated Balance $2,887,205 C7 Attachment B °~~''" .~ 00000000000000000000 0 C ` i r-N~OCfld~i~NOtnNaO~tnCOMOt1~M.- ~ v ; ~ O('7NNNN~~-N~e-OO~NOONI.C)('M~- p a O= N N N ~ ~ .-~ r .-~ ,-. _ _ ~ oOMNU~c')OOCflCO V ~I~OtiQ0ON~i•~'00 ('7 ~ ~ ~ OI~c•7017~COdOMll~OOr-e-tnOO000p1~N cf' I`NOr-OOI~~I~NO~~OOO~OO~ 1~ ~ Q,~ f~ ~OdO~N~-f~000)tcjN~~NNNONM O _ ~ C1 6~9~~~~O~~N NCB Mr CO~ O r N ~ ~ ~ .~ ~ ~ ~ ~ • • Y r+ C 7 U c > ti ~ ~O r+ O~ r ~ ~ C LL L C ~ -~ 00 ~ i~ 0 0 CO CO ~f Cfl 1~ O f~ 00 N t~ f~ ~ 00 ~ ~ ~ ~NCfl~NCOCOM~OOr-~~ON0001~0p ~ ~~ ~I~OCOOOf~~I~NO~~OO1~00e-~-O ~ Q ' ~ COOOO~~N~N~ OON~N1~f~c'~NM00 ~- ~M ~~ti~~'~C~Mtn~~(pNNOMC'7~OM O ~ O~MNOMNLf~OCOe-M~f~CO Ml.n Cfl N ~ ~ONtnc'7M ~ N .- ap ~' ~ ~ Cfl O O O O O O O O O O O O O O N to r- O O ~-000OOOOOOOOOOONNI~OCfl ~ ~ n I~OOOOOOOOOOOOOOOOCONNtn r- 'a °~°~ aooooooouiu~iouioo~=~riv~~o~ ~i _ ~~ OOc•~O~tn~~-N~I~ONO)OMi~~Os~ O d ~~ OCO~etONN1.f)O(fle-c'7~(p~ Nt0 t[1 00 Q m} r-ONt(j~M r N r- 00 ~ ~ ~ r 07 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oD 0 0 0 0 O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t!~ GO S O O N ~ r+ ti ~ G~~ OOOOOOOtnO~O~~t~f~NO~'O~t fl. m~'p OOMOO~Of~~t~~I~OC~MC'7O1~O~ 0'~ O~ OoO~c~~NN~00~~NNt1)~t Nl~r-~ amL}L ~~N~MC'M ~ N ~ ~ 0 O CO O O X O O U X C fC ~' ~ I- N N Q O ~ y ~ C ~ ~"" to O ~ lC O V O H X U . V `) a U O J ~ ~ > _ I- L. ' U N Z N = O ~ ~ O U ~ N ca C f-' Q. ~ E'- ~ ~ ~ N fC O • ~ O ~ O ~ ~ ~ ~ C ~ V N O O ~ ~ a a U ~? V U C L ~ N J O O L cfl N~ C O O ~ 7 ~ O B ~' ~- fC O C N fB N "~ fII ~ U LL ~ O ~• S ~ N ~ _ ~ W oacnU p ~Li~-a~ l- ~Jw ~~ ~ cv N ~ ~ C to O O ~` •~ Y 0 0 O ~~ N~ to O~ N p O ~ ~ ~ O O +L-' p ~. _ ~ fB O N O O ~-C,, ~ C N L U U L ~ ~aO~~ mm~~= ~UOa.ii~U ~~ ~ o H Attachment C -1 ~ County of Roanoke • General Operating Fund -Expenditure Summary For the Year Ended June 30,1997 Budget Actual Variance Board of Supervisors $240,257 $235,311 $4,946 County Administrator 191,866 187,779 4,087 Community Relations 148,937 131,910 17,027 County Attorney 337,072 324,158 12,914 Human Resources 377,209 363,870 13,339 Economic Development 747,796 746,768 1,028 Commissioner of the Revenue 692,287 680,509 11,778 Commonwealth Attorney 524,282 507,461 16,821 Sheriff 4,258,026 4,222,342 35,684 Computerized Records Grant 100,000 0 100,000 Transportation Safety 960 208 752 Treasurer 662,931 686,154 (23,223) Clerk of the Circuit Court 735,506 732,217 3,289 Circuit Court Judges 160,429 145,763 14,666 • General District Court 49,102 48,910 192 Magistrate 1,255 786 469 J&DR Court 12,400 10,284 2,116 Court Service Unit 229,938 132,510 97,428 VJCCA Grant 399,799 158,115 241,684 Assisstant Co Admin -Mgt Services 102,591 96,490 6,101 Real Estate Management 848,616 843,887 4,729 Property Management 83,301 79,757 3,544 Public Transportation 83,503 90,476 (6,973) Finance 847,789 830,482 17,307 E-911 Maintenance 460,388 315,004 145,384 Employee Benefits 228,041 228,041 0 Board Contingency 117,817 0 117,817 Management and Budget 241,226 235,504 5,722 Procurement 421,638 415,910 5,728 Police 6,476,608 6,398,066 78,542 Hurricane Fran 45 45 0 Fire and Rescue ~ 4,283,289 4,171,211 112,078 Engineering and Inspections 2,141,360 1,898,838 242,522 Dixie Caverns 1,459,340 683,029 776,311 General Services 7,508,656 7,313,533 195,123 • Planning and Zoning Buiding Permits and Development Serv 681,674 227,529 628,929 221,069 52,745 6,460 Assistant Co Admin -Human Services 138,524 136,148 2,376 Parks and Recreation 1,353,154 1,317,423 35,731 Grounds Maintenance 1,431,140 1,394,216 36,924 ,_.,_ i ,~ Q./ County of Roanoke • General Operating Fund -Expenditure Summary For the Year Ended June 30, 1997 • Health Department Social Services Sesquicentennial Library VPI Extension Elections Contributions -Social Services Contributions -Human Services Cultural Service Organizations Internal Service Transfer Refuse Credit -Vinton Tax Relief for the. Elderly Miscellaneous Less encumbrances and previously approved Gross expenditure savings Less departmental rollovers Net expenditure savings Budget Actual Variance 425,333 343,922 81,411 3,630,696 3,501,837 128,859 5,794 631 5,163 1,654,862 1,624,134 30,728 71,525 70,629 896 223,544 191,500 32,044 126,832 126,832 0 92,910 92,910 0 294,245 279,918 14,327 619,791 591,502 28,289 110,000 110,000 0 414,536 346,765 67,771 80,000 43,868 36.132 $46,756,349 $43 937 561 2,818,788 1,328,558) 1,490,230 (745,543) $744,687 Attachment D 1~ ACTION NO. ITEM NO. ~! . '~ ,_,. AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA, HELO AT THE ROANOKE COUNTY SCHOC3LS ADMINISTRATION BUILDING MEETING DATE: October 23, 1997 ~(tENDA JTEM: Final quarterly report of revenues and expenditures for FY1996-97 and request for appropriation of year-end balance. ~i$,~~{Q„i~,~;, As per school hard request, the attached report reflects the final quarter revenues and expenditures for FY199B-97. This report uses the format recommended by the VSBA Btu get(y~, au I for Virginia School Boards. appendix D. As with past years the board of supervisors has allowed the school board to purchase school buses with year-end funds and set aside the remaining funds for other speafic purposes. Diane Hyatt will present this request to the board of supervisors as pars of her year-and audit report. ' As is noted in the 6na1 quarterly report, the audited FY1996-87 year: end fund balance for operations is $1,122,274,52. Staff recommends that the school board ask the board of supervisors (per Diane Hyatt) to appropriate the fund balance as follows: Outstanding Encumbrances ............................... .... , . $ 29,488.59 Capital and One-Time items Special Ed. Technology Equipment ....................... . ... 50,OOQ,00 Band Unifamu ...... gg7,50 Purchase of School Buses & Bus Flouting Software . ....... . . ... 500,000,00 RAobile Classroom Purchase (5) ............................. 152,200.00 Northside Middle Equipment, Furnishings, etc ................... 59,000.90 William Byrd High Equipment, Furnishings, etc ........... . ..... 142 000.00 Ft. Lewis Furniture 8 Equipment .............................. 6@,000.00 Print Shap Equipment Reserves .................................525.98 A. R. Burton Science Lab Renovation ................. . .... ... 14,400 ... CAD Station at Cave Spring, Glenvar & Northsidta High ..:... , ..... 29,040.75 Operating !tams {One-Time) Bcuence Museum Fe®s ..................................... 17,477.20 Additional Textbook Albcation ............................... 59,644.50 FISCAL IMPACT (Alternatives if n Ii~.abteY Totals ....... ~ ~,,122.27d.52 See attached spreadsheets TAF~_E3EGOMMENDA~ION: Staff nscommends acceptance of the final quarterly report of expenditure and revenues for FY1996-97 and request for appropriation of year-end balance. Si nature: Name Jerry . Har Title Director, Budg®t & D Management ,____...._..__..__.._...___...._-------ACTIC7N ~___.___,.__---____-- Approved () Illation by' Denied ( ) RBOefYed ( ) Referred ( } To () --------V07E -----------_~-__ No Y8s Abs Canada ...~. _ _, Irvin _. ,-„,,,,, Leggette _.. ,,, _ Roark __._ ,_,_, _ Stovall _ _ ..._ ~~ Attachment E GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance at June 30, 1997 Revenue Amendment based on 3rd Qtr review Adjustment based on 1996-97 operations Audited Beginning Balance at July 1, 1997 Addition from 1997-98 Budget -Transfer of Garage Operations to the County Aug 19, 1997 First installment payment on West County Business Park Sept 23, 1997 Revenue Sharing Payment to Botetourt County through June 30, 1997 Balance at October 28, 1997 Changes below this line are for information and planning purposes only. Balance from above West County Business Park -balance Reserve for R.R. Donnelly -Phase II Reserve for Valley Gateway sewer extension $6,727,668.00 3,355,509.00 (468,304.00) 9,614,873.00 200,000.00 (1,000,000.00) (158,280.86) $8,656,592.14 $8,656,592.14 (2,000,000.00) (730,700.00) (150,000.00) 9.69% 8.72% $5,775,892.14 5.82% Note: On December 18, 1990, the Board of Supervisors adopted a goal statement to maintain the General Fund Unappropriated Balance at 6.25% of General Fund Revenues 1997-98 General Fund Revenues $99,264,769.00 6.25% of General Fund Revenues $6,204,048.06 Respectfully Submitted, Diane D. Hyatt Director of Finance of General Fund Revenues M:\Finance\Common\Board\Gen97. WK4 10~ Attachment F CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIlZGINIA Amount Beginning Balance at July 1, 1997 $1,113,043.00 Amount added from 1996-97 operations per rollover policy 744,687.00 October 14, 1997 Transfer to Future School Capital Fund (1,113,043.00' Balance at October 28, 1997 _ $744,687.00 ~ ote: $100,000 of these funds have been temporarily advanced to the Mayflower Hills Park project. Respectfully Submitted, Diane D. Hyatt Director of Finance M:\~il~1Ge\Common\Board\Cap97.WK4 ACTION NO. ITEM NUMBER ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Budget Work Session on FY 1997-98 Revenue Projections and First Quarter Update COUNTY ADMINISTRATOR'S COMMFNTS• SUMMARY OF INFORMATION• This time has been set aside for a budget work session to update the Board on revenues through the first quarter of FY 1997-98 and to discuss current year revenue estimates. The performance of several key categories of revenue in FY 1996-97 necessitates a careful monitoring of the FY 1997-98 revenue. The first quarter general government revenue summary for FY 1997-98 is attached for your review. Respectfully submitted, ~.2tirvf n~N?~t~67~ Brent Robertson Budget Manager Ap'~pro~~ved by, C~'~~'' Elmer C. Hodge County Administrator Approved Denied Received Referred To ACTION ~ Motion by: VOTE No Yes Abs Eddy _ _ _ Harrison _ _ _ Johnson _ _ _ Minnix _ _ _ Nickens i . 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U) ~ ~ O C N J ~ x ~ ~ ~ N f6 ~ ~ N w f- Oa ~ ~--~ 7 _~ L V C ~ ~ ~ ~ O ~ ~ j V f4 a o a~i c -~ c t o~ s v~~ o°~ 3 3 w ~~ o~ m m ° c~ a o ~ c~ c e c m a~ ~ •- I m o a~ o o a~ w a~ 5 of t 'n a°i o ~ ~ ~ a O ~ ~ m m ~ ~ _ ~ U O a iL ~ U ~ ~ U ~ ~ ~ o AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-10 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution and that only items concerning the Catawba Farm and Lowe's rezoning were discussed, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Executive Session F ~° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-12 TO CHANGE THE ZONING CLASSIFICATION OF A .099-ACRE TRACT OF REAL ESTATE LOCATED ON VALLEY FORGE AVENUE 100 FEET SOUTH OF THE INTERSECTION OF VALLEY FORGE AVENUE AND CONCORD PLACE (TAX MAP NO. 77.13-3-52) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF MAYNARD O. MANNING WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing .099 acres, as described herein, and located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place (Tax Map Number 77.13-3-52) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Maynard O. Manning. 3. That said real estate is more fully described as follows: Being Lot 2, Section 8, according to the map of Mount Vernon Heights, dated July 1, 1980, and recorded in Plat Book 2, page 67 in the office of the Clerk of the Circuit Court of Roanoke County, Virginia. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 ~ 5-I NORTH PJG ,~ 777e ~ K \ ~ S 8 $ \ .~\ el °' 37' 3c \ ~~ arJ ~9. 3i\ 2 \ \ ~\ 9or~ ~ \ ~ 7644 rur ~ a 4 " sczs ' .i' . e~ °° 7As B~°iroieion Cwt/wi \ \ .° \ '% b]z 't' M 45 q~ a ~o ~~o o iZC9S 2.29 oc (O) \ \ J 40 \ o' ~ ra 3637 ~~ +w'~ °' 4 ,'..~ ~ O 3.72 Gc (C) ~ .,' ' w ~.o / '?s .s a o , ; J^ 10 ~`Ri 8 77so4i ,7$41 \~° 7c~o, \ w! a 1 w '•- 770 92 !o J 49 ~ i5~ r° ~ ' a ~ t ~ ,,, ~JC \ J6 \ .o On ^ ,, 1 /~~ sz7o ,a . G 'r I I ~ 'Yen •+ s 9 3 t4 t [~' .3 ~ ~ • ~ 50 mQ~e / .4 4 y .3i~ \ •w~r- J \` ~O14 ~ J "~ ` ` ~Y ,~ ~ \ Sblz J - 3c34 ' 6 1 `` CC 1St, wt aJ ~ ~ n 1 JJO* ~ J3~ ADO ~o'~ ^ ro a i 37rI r1j! VOlle \\6'y •~ I ~ 5( 9 3335cb !e! •r~ ~~. °J/ b h Y ` Jo ~ r' . ,} w '1,1 J N 730 S2 ~ .~ ~ r0 c . J `~ ~J ~?3 • a ~~J,] ~ ~37{ • "~ .r~ 5 3405 J~ ~ . 9 ^ ^~ .: ?`' ~` ~ '= 9 ~" '~7 is a7 J. / • ~ . rrl~ ~.f 17 a. .r ): ~. •. ~ I~ r~ Jl, 7417/.>•~ ' 1. - _^ a 17 . i!o' J o ~ JJ rck, !, Sl +. • ~,~,~ ~~ ConCOrd / Teo ~4 r , . ~ 57 "' ~~ ~ ,- ~w ~xiz ~ '~ C :ii4 4b 58 Ja pt. \ yys~ 1.56 ~ 8 , o ~• '~ C 5 u 57 V 1 77:T~ 7 1, ' rs !a sz 59 ^ '~ eat m \_ 16 15 .ro ~ a rJ ^`~^~ ~ ~ l ~rz._ ?' p~~ ~.a rs`e 3to3 ^ 'r9:~ : ~ ~1z7 7 Yi ~ J 5403, ' ~ .. / u ., 79~e 63 •, • ''C , ~'~, ;L e -]~. 0 4,;~ -~' ' J, J Oi J'a~ i. >> rt \ carr .o \ C J= 8 . Y _ 49_ e 3 i ~ ,It a' ~ ~ r.~ %a ;~ .. o~ ' ~ °o>~ Jsz. ~ ~?.( ~~J~Z9 ~ 20 ' . O 3{i ~i 61 ,~i° ~ s 21 rJ a 1 rr`~"\. J J ::~ ` ~~ ~ .7 ` 4000; -oa a ~ -~ ~ ~ i •42' ~-~ ~ 24 46 ~' ' ~•y ~ w 5..~ /. .r ra '63 ~ ~1\7p 45~ ra 5 3 p~ ,a~6r 45 ~ ~ r , ~ '•, \ x/7424 " ~ rw 64 25 JJ - 2 6 v '41 ~ / 44 - tee' } 2 ( saos ~~ 44 ~ S-t x 66 } i \J" ~ ,~• D 43 .w Q 26 rJ~>alCce ~ ~ r az3 ~ ~ ` ~ ?7 az,w ' ~ ~'Si \ ' sJj~ JJ7(X% ;! rt ~9 ~ t3 4017 ` ~ ?S :? J ~ rJ . '~ 2 ~''° \ 3 ~~ ,^ 41 ra ' 43 ~. 7 47 3444 ° . 6d ~ , L 4d 3' ~ m °o \ 7 37 Q .. ~ ~ ,' .{, '7 ~: Y J, 3709 .? k. yroz rw'J 32 ~ rr .J ° 26 J cr/~4 J° ~ / "' ~ . -J 4o2i ' ~ ~ ~- ~ r .. ,~ ' - 36 i j 69 ', o'l 21 0/On Jo 1412 Ier .~ 34l !!! Y;ih ~ 4D:,~- " 7432~~c 3713 ~6 ~ ~ ~ \ >> / ~ rr>a 4o }g' 4G>'~~ N. ~,s 3.'S 1a ,r Q' 2u~_~ a f .7 7 / aJ o / js~ '~ ' Jr ~ / 29 7{49 ° , o St54;,.» ~/ 2g •La io K3 34N :O \ - 14z! a .qj ~ zw ~e+" 34 r' O~• y w o ~, ~. . 22 21 >, ` ,J / 35 / Js ' ~ /4 '~ 0 77tf 30 snz 7 .343 ,,'. ra , r . rzo 77rc ' K 1J ~ J r •,, 'O rw j I J{ . ~~ 74x ~ ~ 7 } ~ r\ 3a~~~~ D ~\i ~ 77ZL2 J. ' >J / ,a ~R 3/ `/ 9 ' .'Q ti ru 1e0T / \ 57783 - / t ^ ~~ J rr " • 15 • ~ 1 ~~ 7•c 3 ya` r~ ~ 7 A Pc\e \\ r ` \ i PETITIONER: MAYNARD MANNING CASE NUMBER: 35-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Maynard Manning to rezone .099 acre from R-1 to C-1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt commented as follows: because of the size of the parcel, a house cannot be constructed on the property under R-1 regulations; rezoning the property opens up some possibility of use for the owner. D. PROFFERED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Terrance Harri ton, Sectary Roanoke Co my Plan ng Commission .. S TO: PLANNING COMMISSION DATE: OCTOBER 7, 1997 FROM: TIM BEARD RE: Petition of Maynard Manning to rezone .099 acre from R-1 to C-1 located on Valley Forge Avenue, 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District The petitioner is the owner of the aforementioned parcel and all other parcels adjoining the subject property on the west side of Valley Forge Avenue. As Mr. Manning noted, the 0.099 acre is virtually unusable (in terms of constructing a building) under R-1 regulations as well as nonconforming at 4,340 square feet. The R-1 district requires 7,200 square feet per lot. Although VDOT recently acquired additional right-of-way (a part of which originated from the subject lot) to widen Valley Forge Avenue, the property was already nonconforming in area. Three of the applicant's four parcels (he owns tax map numbers 77.13-3-51, 52, 53 and 54, appearing on the accompanying zoning vicinity map), are undeveloped including the subject site. The petitioner resides on lot #51 (3317 Valley Forge Avenue) and has informed staff that he plans to sell subject lot 52 if the rezoning requested is approved. Since the property would be virtually unusable in any zone, a likely scenario would be a combination of lots 52 (subject site), 53 and 54 (already zoned C-1) with eventual marketing as one conforming C-1 parcel. As a package, the area summation of Ict~ 52, 53 and 54 appears to exceed the C-1 district lot minimum of 15,000 square feet. At this time, the site is covered by grass and a small grove of dogwood trees and slopes gently downhill (east to west) away from Valley Forge Avenue. Public water and sewer are available to the property. The 1994 traffic counts indicated 158 vehicles per day on that portion of Valley Forge Avenue adjoining the subject property to the south terminus of Concord Place (approximately one block) and 784 vehicles per day on that segment of Valley Forge Avenue from its intersection with Brambleton Avenue to its terminus (known as Valley Forge Circle here) east of the entrance to the Brambleton Center. Adjacent land uses include the applicant's vacant C-1 zoned parcels to the north, the applicant's single family residence to the south (zoned R-1 ), single family residences across Valley Forge Avenue to the east (zoned R-1) and atwo-story office structure and one-story storage building to the west (zoned C-2). Outlying uses include single family residential, recreational/institutional, office and general commercial. A key concern is that the subject parcel is currently designated Neighborhood Conservation as are the petitioners other two vacant lots. The entire block of Valley Forge Avenue south of its intersection with Concord Place/Valley Forge Circle was zoned residential and designated Neighborhood Conservation until 1985 when property now occupied by the two-story office building was rezoned from R-1 ~to B-2 conditional for general commercial purposes. Assuming the subject parcel is rezoned to C-1 and combined with the petitioner's remaining two vacant parcels forming a marketable C-1 tract, impacts may be anticipated. Probable impacts include increases in traffic and noise. Staff recommends that the applicant present a site plan for the combination of vacant lots he owns or, at least declare his intentions for all three parcels since none are usable individually under the ordinance due to their nonconforming size and related setback requirements. COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr.•_ P.O. BOX 29800 Roanoke, VA 24018 ( 540 772-2068 F:~X (5':0) 772=2108 ~ X91» ~- ~ For staff u~e on/y~'M"~ y~i4~kl~ date rece•ved:• rec •vcG' Cy: application (e-: PCf~Z:. dz:c: ' '1~1, "~ Oc-• 7 19` 1 placards issued: I oOS d3:e: ^ -~ 8 ! 9~ O ct 28 159 Case Number: L ~" .- Ch~ck type of application filed (check all that apply}: ^~ REZONING ^ SPECIAL USE. ^VARIANCE Applicant's name: Maynard 0. Manning Address: 3317 Valley Forge Ave. RoanokerVirginia __ Owner's name: Maynard 0. Manning Address: 3317 Valley Forge Ave. Location of property: ~ ~ Tax Map Number: Mount Vernon Hgts. Lot 2 Sec.8 Valley Forge Ave . ~`~'lagisterial District Phone: 77a_0721 Zip Code: 26018 Phone: 774_0721 Zip Code: 24018 -~1~7"7~f7~~. ~~ ~ S Pe~,v ~ ~ ; ~-~2:c.-F Does the carte! meet the minimum lot area, ~•::~:~, and frontage requirements of fife requested cs:r:c:? YES _ NO ~ IF NO, A Vl=,=:~.~~CE IS REQUIRED FIRST . ~ Does fife pafCel meet the minimum Cr(tef(a .Cr :-= requested USe 'I ype? `fES ~.' ~~O IF i,JO, A VARIANCE IS RFQUfRcD FIRST. li re_oning fegUest, 2re COndlilOnS being prC;;c"c. `.Vltil iiilS regUeSt? \i `.~.. NO :.: ~ ..:..; •. - ~i'i`=iiii ... ~ •~.: ~ .. Variance of Section(s) _ o. t;~e Roano~c_ Count/ Zoning Ordina-:c_= i„ _.ca. .... Is the application complete? Please check if =_nc:esed. APPLICATIGN ~/ILL NOT 8E ACCE?TED IF ,^,~`Y OF THESE ITEMS ARE MISSWG OR.INCOMPLETc. ws v ws v fvs v i/ Consultation 8 1 /2" x 1 i " concept plan Application fee` Application ~'y:: i~tetes and bounds description Proffers, if applicable Justification ~==t Water and savver application Adjoining property owners l hereby certify that / am either the o~.~~ner of tie property or the owner's agent or contract purchaser and am acting with the know/edge and consent of t.^e owne/. Owner's Signature: l ~ /~~L~~ ~ ~~~ • • For SraH Use On/y: Case Number ~~ • .. F :F.f.(:~S~I •~~1T~~1.~1:~Q~:~~~DrUIt.1:G:.flf~:SP.~~1:4~~:fS~~~~R: ~f!,l~"R..~;2~~~T.:.::: .:::.:::.:.:::.:.:.:::.::.:.:.: .. 3..,.,.,.,. Applicant Maynard 0. Manning The Planning Commission will study rezoning and special use permit requests to determine the need are justification for the change in terms of public health, safety, and general welfare. Please answer the fcile•::ing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the. Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zc„i~~g district classification in the zoning ordinance. After VDOT take in 1994 new street on Valley Forge Ave. and Concord Place. Tax Map 77.13-3-52 R-1 doesn,t meet tree requirments for R-1 dwelling. I request this lot 52-R1 be rezoned to C-~1, joining my C-1 tax Yots 77.13-3-53 and 77.13-3-54. And joining Lawrence Johnson tax lots 55 and 56. :. ~; e explain how the project conforms to the S=_n_ra[ guidelines and policies contained in the Roa~~c:~= County prehensive Plan. i i Please describe the impact(s) of the request on tine property itself, the adjoining properies, and the surrccrCing area, as v~:ell as the impacts on public services ar,d facilities, including water/se~~ver, roads, schools, ,parks/recreation; and fire/rescue. None .. Mr. Manning Lot Size Investigation Roanoke County, Vrginia C-1 IGNED ORAWN CHECKED DATE PROJECT - RNP 7-31-97 of - sH~ .`~.: , ~I ~`I I I fi f ~I I I ~i I i I .c, I I iii I I lyi I I .I~i I ~~` ~, ~ ,.. ~~~,W~ -- -_~ ~,~ ,~ ~~~; v: ~ U ~... -' I ._._ _ I ~, cG-s RAC. R~Q.J Si D~ , S JI~;;.IU-.~.~Jb ~~~a~ r J Gansl ~~ ~ Corn. 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RTE. 1520 STA. 12+50.00 O~ 20ANp~~ .7., A 4 ~ ~ Z ~ z J a 7838 S ._ - - UTILITY DEPARTMENT August 5, 1997 Mr. Maynard o. Manning 3317 Valley Forge Avenue Roanoke, VA 24018 RE: Availability No. 97-192 Valley Forge Avenue Tax Map No. 77.13-3-52 Water/Sewer Dear Mr. Manning: Public water and sanitary sewer are available to this property along Valley Forge Avenue, Tax Map No. 77.13-3-52. Public water can be provided by a service connection to the eight inch water line located along Valley Forge Avenue adjacent to this property. At the point of connection, the water pressure would be approximately 70 pounds per square inch (psi). The off-site facility fee is $2,690.00 and the basic connection fee is $500.00. The total connection fee is $3,190.00 per residential connection. The fee includes the connection to the main, meter box, setter and water meter at the property line. It is your responsibility to install the service lateral from the meter to the building under the provisions of the plumbing code. Sanitary sewer can be provided by a service connection to sewer main along Valley Forge Avenue adjacent to this property. The owner would be responsible for the complete installation of the sewer lateral from the building to the sewer manhole, highway permit, and cleanout at the easement line. You must verify that there is a minimum of two feet of fall from the building service elevation to the top of the se::er main. The Roanoke County Utili=`y Department would make the actual connection to the sewer main aft=r excavation and shoring per OS'.-~. regulations by your contractor. ;o schedule the actual tap of tre sewer main you should contact the Roanoke County Utility Department two (2) working days prior to installation of the sewer lateral and excavation to the sewer main. The sewer off-site facility fee is $1,500.00, the basic connection fee is $100.00, and the total connection fee is $1,600.00 per residential connection. This fee would include the cost of the connection to the sewer main. C 1 206 KESSLER MILL ROAD • SALEM, VIRGINIA 241 53 • (540) 387-6104 ® Printed on Rerycled Paper r.. August 5,. 1997 ~"' Page Two If the owner wants to proceed with these services, please make application and pay the appropriate fees at the Building Permit Office in the Roanoke County Administration Center at 5204 Bernard Drive. You should also install a stake labeled "water meter" at the desired location of the water meter. If the proposed meter location is not marked, the County will install the meter at their discretion. This letter and stated fees are valid to September 1, 1998. If you plan to subdivide this property, you must submit another application for water and sewer service indicating such. Please be advised that a duplex would be considered as two residential connections to the public water and sewer systems. If you have any questions or need additional clarification of the above information, please contact me at 387-6102. RCF/ sgh c: Arnold Covey Engineering & Inspecticns Sincerely, ~~.~ ,.-' Robert C. Fronk, P.E. Utility Engineer • 0 S-I NORTH PJG ~ 377e ~ v ~ ~ 1 g $ \ ~,\ ~ ~ ~c \ ~ alJ 49• 3117 g ~ 3T • a \ 2 \ \ \ eJ°Y• ~ \~ ~,c,4 rur ,p n ~$ 7c23 ~ L,r A C•B S \ \ ~ ,p rr .p ~ 4b' • 3c 71 / B 3 °o lA4 Bromo/eron Cw~Iir \ \ .° ` '% bbDx •f' 7O 45 ~a r''r• oRCBS 2.29 CC (DI \ \ J4O \ o' ° rf 3637 ~ a ~C , +~,~ 4• 4 ~ ~ O 3.72 dt lCl ` ~ z' ~ / o , ~ \ h . r > ~ s°" ~ > ~ 370 R/, 682 73300 s •49 J613 . 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S y. rr ~>. \ 'SJ J°~ J~ j ~ I 1-.!'W •• _ '5401 ' J ` Lrr 1i ~ .. • / j ~ j4 '; ~ 3 e 66 s•'~- ~ Zf ~ J • ~ 62 3.Ir ~ 11 `~ ~ y 46 :24 ~ t~`<' "~,fr ~ ~ ~ 341 f ~ ~ / ~ Lu >° Jf •63 ..'~ 24, `~ .~5, • 5 n 3 A • '6 f =5 0 / '•,, ° it 22 ', \ ~ 74z• 'i a •41 zf 64 • ' 25 ~ •26 N e J9~:: app 1 }.. ~> } 1~ . rr ~ ~ > ,J 3 •~ ;' >O ~ / 44 'J • • p 43 is \>Y p 44 V ~ ,^2! •003 ~ ',J 4ue ~ 7423 P }4 X ~ ~ . ~ 7 ~ . °_ i ~ ~> r y „ \~> 37+6 ~ 26 ° '~ a01] r ~ 2J,~ •~ J ~ •~ . i i. ,1 2 sj JJJOG ~ " A~9 ~ 4017 ` n "~b •° ~~ 41 'f •J 43• ~ ~ \ 3` . . 1J 743 > \ 734-... 37 ~P~ ~ \ '~ "' ° 70! • - ' ' 'ss > ~ ~ ~ ~ ~ 0 . 374J a J~ , . 40 ,J 32 b 2 „ ~ . • J '~; ~ Y zz '~ r ~ . ',> - >•. 69 ~ 1 a 27 26 4e~o / !!! Y~ss J° 341 rl er ' ~c 3'13 fro pti, 4~~~ 3452 ~ . ~ ~ . / ` ~ , ~ 29 ° 1 f '' . T / r, ~s 7 JJp c 3435.,, ~ ~~ 344! .fie 29 ro 3'llr Jo \ 342 s• 41 J ~~. :. „~•' 34 '~ O~• '. . 22 '~ /`4 30 / 3S / Jf '.~ 7 ! 3 ' .a mz 2 1 '' ` 'J l , 0 3 0 , t J w „ Jo 3 343 ~ rJ .ro `~ :o / ~'~? p / ~" 3476 ~ S72O 37K > r 2J R+>~ ` 31 34S ~ ~ 31- >> . Js µn s~ 0 ` 372L 2 4 I -f7J/ ' rJ 2 rt ~ 9 • „ ~ , So07 / \ 377 , 1 fi Jf /s IfS \ l '~l~ ~ ?' J > 34 7i0! `e 3452 '~h 1 ,i •. DEPARTPg'.N'I' OF PLANNII~'G AIVD ZONING MAYNARD MANNING R-1 TO C-1 77.13-3-52 S-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 0.99-ACRE TRACT OF REAL ESTATE LOCATED ON VALLEY FORGE AVENUE 100 FEET SOUTH OF THE INTERSECTION OF VALLEY FORGE AVENUE AND CONCORD PLACE (TAX MAP NO. 77.13-3-52) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 TO THE ZONING CLASSIFICATION OF C-1 UPON THE APPLICATION OF MAYNARD O. MANNING WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 0.99 acres, as described herein, and located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place (Tax Map Number 77.13-3-52) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Low Density Residential District, to the zoning classification of C-1, Office District. 2. That this action is taken upon the application of Maynard O. Manning. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\MANNING.FRM 1 S-I 3. That said real estate is more fully described as follows: Being Lot 2, Section 8, according to the map of Mount Vernon Heights, dated July 1, 1980, and recorded in Plat Book 2, page 67 in the office of the Clerk of the Circuit Court of Roanoke County, Virginia. 4. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\MANNING.FRM 2 s-a PETITIONER: SHENANDOAH HOMES CASE NUMBER: 36-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Shenandoah Homes to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road, Hollins Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION None. D. PROFFERED CONDITIONS 1. The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning E. COMMISSION ACTION(S) Mr. Ross moved to recommend approval of the petition with proffered condition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other j Terrance Harrin n, Secret Roanoke Cou y Planning ommission -~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-13 TO CHANGE THE ZONING CLASSIFICATION ON A 5-ACRE TRACT OF REAL ESTATE LOCATED at 5300 HAWTHORNE ROAD (TAX MAP NO. 38.14-1-34) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS, AND OBTAIN A SPECIAL USE PERMIT, UPON THE APPLICATION OF SHENANDOAH HOMES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 5 acres, as described herein, and located at 5300 Hawthorne Road (Tax Map Number 38.14- 1-34) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C- 2, General Commercial District. 2. That this action is taken upon the application of Shenandoah Homes, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning. 4. That the Board finds that the granting of a special use permit to Shenandoah Homes, Inc. to bring a nonconforming use (home for adults) into conformity on property located at 5300 Hawthorne Road (Tax Map No. 38.14-1-34) in the Hollins Magisterial District is substantially in accord with the general purpose of promoting the health, safety and general welfare of the public by encouraging economic development and enlarging the tax base, and substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 5. That said real estate is more fully described as follows: Beginning at a fence post set in concrete, at corner #1 on the northwesterly side of a road or lane, said beginning point being N. 67° 00' W. 18.5 feet from the iron pipe comer at the northeast corner of the Airlee Court Annex Subdivision of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 103; and the said beginning point being the southwest corner of the homeplace yard of the residence of Maude M. Nelms and M. L. Nelms, her husband; thence leaving the above-described beginning point, and with a line following the existing fence line, approximately 16 feet, northwesterly from and parallel with the northerly boundary line of aforesaid Airlee Court Annex Subdivision and along the northwest side of a 16 foot width roadway or lane S. 53° 10' W. 345.8 feet to an iron pipe at corner #2; (this corner #2 is N. 18° 15' E. 27.4 feet from the old planted stone monument at the common corner to the lands of W. F. Patrick and Nelms lands); thence leaving said lane or road, and with a line along the easterly side of a 15-foot wide roadway right-of-way, said line being 15 feet easterly from and parallel with the boundary line between the Nelms land and the W. F. Patrick land, N. 16° 58' W. 728.3 feet to an iron pipe at corner #3, on the southerly boundary line of that certain tract conveyed to W. W. Boxley and M. L. Nelms and wife, by deed dated March 1918; thence along the said Boxley line, following the existing fenced line, N. 52° 55' E. 304.2 feet to an iron pipe at comer #4, by a fence corner post; thence leaving the said Boxley property, and with new division lines through the property of Maude 2 M. Nelms and husband, following the existing farm fence line, S. 28° 20' E. 320.2 feet to an iron pipe at corner #5; thence S. 61 ° 40' W. 101.7 feet to an iron pipe at corner #6; thence continuing with new division lines through the aforesaid Nelms property, S. 28° 20' E. 387.5 feet to the place of beginning. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 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. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: ~-~d~.~1d~ CLe~~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning 8~ Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 q ~ T 6C U£ R1OG~ ' ~~ ~ T t N!F.NCRIAL1 ca u.usoN ~vr1RDENS ~'ov coua,~£r t t r t ~.~.tt. r ~~` _~`JE. ANCE TO i .2 AIRPORT o. Ate: s F ~~8 t ~ O~O O~ \~ ~1A1 t 7O'.vXE SOV S CEN OANOKE 2EGlONAL~ \\ PORT sa~L ~~~ Y/GN FlSF .. ..,.x~~10 Y' La \~ ~ ~ ~ NORTH c~,'~~y . \.. 4 e.•e n~ ~ ~ 1 a2 ' 29 c ~~ 1 ~~,0 9 fiat fy1~ ~ f°~~ • ~ 6p .}7 ,. .°f~ .~~~ Sr $0 8 ~ ~, ~~~i 43 yr 70 ~ ~ ff'f ~ ~ of 39 . ~ f~°i fy fy,~ ~ 38. •yyy. yff''~i ' 3J~.f ~ ~ ff°~ ~. ~ js4 1`Sg a . ysrf 36\ ~ {~ ~ ,~ ~~ \\ i 4 ~ a~ff,: , ~ ~ 33 J i. 46 m fit ~°° ~ 33 yf~i ~, ° A f , ~ .d - 4 '. 34 • ~ 1 . ~` ~ ^ ~ V ff°r ~`, °1 ~ '` ~~ ~, o ;~ 32\x• °',•e ,[Tl '{~ 11 T,.~ ~~.. ,2 O i~~ aT~ ;S V _ \~.'~'- . ~~ a T?~4 ~ _ ~ ~~.- l , \ ~ \ ~ ~`'`F, ' ' \ ~ ~-~ ,. 33 /: ~~ ; ~ ~ ,`~ ,., ~ SHENANDOAH HOMES INC. _ DEPARTMENT' OF PIAN[vI~G R-3 T©:C--2& SPECIAL USE PERMIT _~ - AND zorrzrrc 38.14-1-34 .~ ,.~~ Roanoke County Department of Planning _~ Memorandum i TO: Planning Commission FROM: Terrance L. Harrington, AICP Director of Planning DATE: October 1, 1997 RE: Petition of Shenandoah Homes Inc. to Conditionally Rezone 5.0 acres from R-3 to C-2 Conditional and Obtain a Special Use Permit for the purpose of eliminating the Nonconforming Status of the Existing Use. In April of this year the Commission and Board evaluated a rezoning and SUP request of Shenandoah Homes Retirement Village Inc. The requests were to constru::t an assisted living/life care facility on 17+ acres on Airport Road. The Commission recommended approval of this request. During the Board's review of this April proposal, the Board discussed with the applicant a variety of development issues including issues of taxation and the existing nonconforming zoning status of the Shenandoah Homes facility on Hawthorne Road. At that time Shenandoah Homes Inc, indicated to the Board that they had a desire to eliminate the nonconforming zoning status on this property, and notified the Board of their intention to file the petition that is now before you for consideration. As part of this petition the applicant has proffered that "The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning." With this proffer, the approval of these requests will merely remove the non-conforming status of the use. No other immediate or future land use impacts are anticipated. Staff recommends approval of the rezoning request and SUP. •, Ary .. ,~ L z • 3 • COUNTY OF ROANOI{E DEPT. OF PLANNING AND ZONING 5204 Bernard Or.~„ p,0. BOX 29800 Roanoke, VA 24018 (540' 772-2068 FAX (5401 772=2108 F~r•tt~s o~ fr~1~~~ , dot -~ received by app cation fee: PC/13ZA date placards (sued: 805 date: Casa Number: Y /f i y J ~..~"~ :i;:.: .: ..:.: ::i::si:::SiE::si~c=:i~~::: _<::::::::::~ .:. ;:;si;;:::::s~%i% ¢: Check type of application filed (check all that apply): Q REZONING SPECIAL USE QVARIANCE Applicant's name: Shenandoah Romes, Lnc. Phone: 3b2-5412 Address: X300 Hacrt'norne Road> Roanoke County, Virginia Zip Code: 24012 Owner's name: Same •• Phone: Zip Code: Address: Location of property: Hawthorne Road Tax Map Number: 38.14-1'34 Roanoke County, V~ Magisterial District: Hollins Community Planning Area: peters Creek Road Size of parcel (s): Existing Zoning:R-3 Residential - 5 acres Existing Land Use: Eotte for aduJ.t:s sq.ft. ;;;;;. : ::~:: - ;iii::; ci%;%is i-e:isis~:. ::,:: - .:iii;;iiii~~ii•>:.ii; i;%ieiieiiii;: is?:%i?° e:ii: S .:n - ' i:i%°?:: ~ ' • - it; si:' .,. ::::.....:.:.::.: ,;,:::::;: ~ ' %~i: :'. r tirT sti.::::na:%:•:.:.:.:::%:E;.:.E:$:E:ci%i%iFr:S::. ::.:::::::.:. ~' ,~ Proposed Zoning: C-2 Proposed Land Use: Home for adults For staff cue o~~y use Types Does the parcel meet the minimum lot area, width, and frontage requirements of the requested disvic_% YES 'f NO lF NO, A VARIANCE iS REQUIRED FIRST. Does the parcel meet the minimum criteria far ;e requested Use Type? YES ~ NO IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being pror-,"=_r=_d with this request? YES ~ NO .ll - .1: - ;!_ ~i'~ - `` I. I: ~ `` _ - :f• variance of Secion(sl of the Roanoke County Zoning Ordinance in cyder to: Is the application complete? Please check if 2rc:csed. APPLICATION WtI.L ;~`OT 5c ACCT?TAD IF ANY OF TNES'c ITEMS ARE MISSING OR INCOMPL_i c. xis v ary. v uz v X Consultation ~ 8 1 /2" x 1 1' concept plan X Application fee X Application Metes and bounds description X _ Proffers, if applicable Justification Water and sower application Adjoining property owners l hereby certify that / am either the owner of the Droper[y of the owner's agent or contract purchaser and am acting with the know/edge and consent of the owner • Owner's Signature: ~ ' 1A~7 OFFICES , ~ OSTERHOl1DT, FERGUSON, NATT:_AHERON b AGES .~,~ n iROfESSIC7anl CORroRnT1pN cY1n RLE5 w. 057 Ca..000T 1919 ELECTRIC ROn O. SUITE, 1 TELEYi+o HE S-~O-77 ~~1197 ~+.GN wCL 3. P[f1OV90N y. O. sOX 20068 COww OO w. HwTT Ch~EL J. nMEPON ~ RO~NOxE. VIRGIN I~ vwx NO. C7CvCH woEE 5-.0-77.~a1 .t n19TEn rtONRwO JOHN :TONG A~~cust 4, 1997 Board o£ Supervisors of Roa_r~cke County P_ O. Hox 29800 Roanoke, VA 24018 Gentlemen: Enclosed please find she Application for Rezoning for Shenandoah 4omes, Inc_ I am also enclosing the necessary documentation including a Proffer, Adjoining Property Owners, Justification for Rezoni:~g as well as a Plan showing the development on the pzoperty. It is my understanding that the last rezoning Application was filed without the payment o the application fee and I would appreciate your consideration of the same in this matter. _-~ Thanlting you in aavance =or your attention to this matter, I am Very trulyQ yours, .rdwa,d A. Natt EAD7/1af Enclosures cc: Reverend Otis Burgher • Foi Sraff Vse On/y: Csse Number Applicant Shenandoah Homes, Inc ~~ i The Planning Commission will study rezoning and special use permit requests to determine the need and justification for the change in terms of public health, safety, and general weEfare. Please answer the foElowing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-31 as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. (This will bring a noncon=ormj.ng use into conformity. The purpose of the Petition is ro (provide for the conformity. No additional construction is intended. Please explain how the project conforms to the general fluidelines and policies contained in the Roanoks County Comprehensive Plan. It is the intent and the policy of the comprehensive plan to allow for properties in accordance wick their use. This rezor.;ng .Till allow an existing nonconforming use to be brought info conformity with the prm~isions of the Ordinar+ce. The rezoning will ''.^.ave no additional impact: on the services raouired of the property. Pteasa describe the impact(s) of the request on the property itselF, the adjoining prcperties, and the scrrcur.dir,g area, ~s oval! as the impacts on public services and facilities, including water/sewer, roads, schools, parkslrecreation, and `ire/rescue. • ,90.6 LAAPtfGWER o C i~~i ~ S-~. I NORTH ~a,,~~y ~a2 ' 29 t `~~~ ? Sf y~~0 9 fiat ~fi' ' ~ Sfj' a 1 ~ ~ x'60 a3 ffr 30 ~ a f°'f - ~ ff° 39 ., f~°z f fy~ '~ s~g'S8. a . fs=f 36 ~ ~ - 4 ' ~ ~ 3~ffo , 33 ~ ~~ ~ i 46 m ff'f ~°° f f,~ ~1 f , ~ .~ ;~ „ - r ,P 4 S f ~~ • r 1 , ffv '~ i ~ y ~~ .. t ~s' \ 47A ~3 ~. _ .. .1f as 1 ~ ~ ~ ~ _" . 1 ~ - m ~, ~ _ _, ~ax ~ ~- ~~~~ ~ 4 ~~•~ ~_ ,,` 33 ~;'j ~ ~ .., SHENANDOAH HOMES INC. _ DEPARTMENT OF PLANNI\TG R-3 TB~C-2& SPECIAL USE PERMIT ~• AND ZONING 38.14-1-34 .i .. r, ~ ~ Q' ' &lUE R10G~ ~' jx . ~„iROE~lS :> , ca tir.irSOrv i t t + 'ou covRwer ~. t' , .-. t t FF~~'>9, ~} `~ ~D{SN~pREs i~E ANCAIRPORT 9!~ 37 N~~ .~ p, ~z: ~o SF HK,+i F Co Jf/AL < 70wKE SOU 5 CEN ~ ~ OANOKE '. ZEGIONAL~ R~ \\ PORT. - ArERs L I 1.2 .......,.x~,..,,,.,,_~ _.:_ ~°°° a , ~ C-Z` 1~~` ~, ~~ ~J~ PROFFERS ~.'"" The C-2 use of the property will be limited the existing home for adults located on ,the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning. SHENANDOAH HOMES, INC. BY ~i ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION ON A 5-ACRE TRACT OF REAL ESTATE LOCATED at 5300 HAWTHORNS ROAD (TAX MAP NO. 38.14-1-34) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-3 TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS, AND OBTAIN A SPECIAL USE PERMIT, UPON THE APPLICATION OF SHENANDOAH HOMES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 5 acres, as described herein, and located at 5300 Hawthorne Road (Tax Map Number 38.14-1-34) in the Hollins Magisterial District, is hereby changed from the zoning classification of R-3, Medium Density Multi-Family Residential District, to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Shenandoah Homes, Inc. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\SHEN.HOM 1 S - ~-, 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The C-2 use of the property will be limited to the existing home for adults located on the subject property. No additions to the existing facility shall be permitted or allowed under this rezoning. 4. That the Board finds that the granting of a special use permit to Shenandoah Homes, Inc. to bring a nonconforming use (home for adults) into conformity on property located at 5300 Hawthorne Road (Tax Map No. 38.14-1-34) in the Hollins Magisterial District is substantially in accord with the general purpose of promoting the health, safety and general welfare of the public by encouraging economic development and enlarging the tax base, and substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 5. That said real estate is more fully described as follows: Beginning at a fence post set in concrete, at corner #1 on the northwesterly side of a road or lane, said beginning point being N. 67° 00' W. 18.5 feet from the iron pipe corner at the northeast corner of the Airlee Court Annex Subdivision of record in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 2, Page 103; and the said beginning point being the southwest corner of the homeplace yard of the residence of Maude M. Nelms and M. L. Nelms, her husband; thence leaving the above- described beginning point, and with a line following the existing fence line, approximately 16 feet, northwesterly from and parallel with the northerly boundary line of aforesaid Airlee Court Annex C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\SHEN.HOM 2 ~~ Subdivision and along the northwest side of a 16 foot width roadway or lane S. 53° 10' W. 345.8 feet to an iron pipe at corner #2; (this corner #2 is N. 18° 15' E. 27.4 feet from the old planted stone monument at the common corner to the lands of W . F . Patrick and Nelms lands); thence leaving said lane or road, and with a line along the easterly side. of a 15-foot wide roadway right-of-way, said line being 15 feet easterly from and parallel with the boundary line between the Nelms land and the W. F. Patrick land, N. 16° 58' W. 728.3 feet to an iron pipe at corner #3, on the southerly boundary line of that certain tract conveyed to W. W. Boxley and M. L. Nelms and wife, by deed dated March 1918; thence along the said Boxley line, following the existing fenced line, N. 52° 55' E. 304.2 feet to an iron pipe at corner #4, by a fence corner post; thence leaving the said Boxley property, and with new division lines through the property of Maude M. Nelms and husband, following the existing farm fence line, S. 28° 20' E. 320.2 feet to an iron pipe at corner #5; thence S. 61° 40' W. 101.7 feet to an iron pipe at corner #6; thence continuing with new division lines through the aforesaid Nelms property, S. 28° 20' E. 387.5 feet to the place of beginning. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\SHEN.HOM 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-14 GRANTING A SPECIAL USE PERMIT TO WENDY'S OF WESTERN VIRGINIA, INC. TO EXPAND THE EXISTING RESTAURANT WITH DRIVE-THRU WINDOW LOCATED AT 4369 ELECTRIC ROAD (TAX MAP N0.77.20-1-6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Wendy's of Western Virginia, Inc. has filed a petition to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20- 1-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 Wendy's of Western Virginia, Inc. to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) in the Cave Spring Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved. 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. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 i<Tc ~~'C~r ~t' "ODD ~ I~': ~~'-.`(?= `\ NURSINS 4a Gieenltriley ~~ri'D ~ E~em.SMLESI~n~~ ~ `~ M~~~F\ ^ f ::.i.~.,.~ l Y / J4., ~~` * ,• ~' CAP ,, ' . `' ~ C/ INN GYP{{HAS PARR 3"~:'~:_ 7 . p'i'p `~c.~ »,000 / i K 3l0 ~ Y1409 ~. v?~ `0 ^9T 4L£oaq W~ vs ~ ~ SRS 10 ~ ~ ~ ~ ins s ~,, v~~p`~ S ...n ~ /„ .c o, ~ Q - 6 ~~~~ 1 O~WIN I~ ,~`NO~~p~'`. )~ R ~ -rry Ql~~ N GEHI~J. ~~ ~. o~ aS~ ~ ~- 4• ,~~5, f e•°/1~' l us J'C~~ P F I J \ S~ ~~ BRIST L ~ RO = =~+'~if~,ylAR7 pS7'O ft ES ~9~~c+ ~~ ~~ m Q ~~~. \/` __- 1 ~\ ~/ ~~y ~9 ~~ ~~ ~~~ ~ V ..~ ~~ 17 ~~,_ 1.16Ac ~~ ~gp `eve' V O}~ Vc ~ J V / 0 5 ~ \ Qia. •h DEPARTMENT OF PLANNIi~'G _..~ _ AND ZONING .~ -~,~ l P/O 77.16-I- 2 1"~ 100 ~^ WENDY'S OF WESTERN VA INC. SPE~IAL USE PERMIT 77. 0-1-6 PETITIONER: WENDY'S OF WESTERN VA CASE NUMBER: 37-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Wendy's of Western VA to obtain.a Special Use Permit to expand the existing restaurant with drive-thru window, located at 4369 Electric Road, Cave Spring Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION The Commission wanted to know what the former Photo USA building will be used for. The applicant said that they hope the find a suitable tenant (one with minimum traffic impacts) or it may be demolished for additional parking for the restaurant. D. RECOMMENDED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other Terrance Harri ton, S etary `~ Roanoke C my Plan ing Commission TO: FROM: DATE: County of Roanoke Department of Planning and Zoning Memorandum Planning Commission David Holladay October 7, 1997 S-- 3 SUBJECT: Petition by Wendy's of Western Virginia for a Special Use Permit to expand an existing fast food restaurant. Wendy's of Western Virginia requests a special use permit fora 670 square foot expansion of their existing facility. The request conforms with the policies and gai.ieline~ of the Roanoke County Comprehensive Plan. Since the proposed expansion exceeds 10% of the existing building area, a special use permit is required, per Section 30-23-2 (F) of the zoning ordinance, which states: "Any legally established use which existed prior to the adoption of this ordinance shall not be considered a nonconforming use where a special use permit is now required for establishment of such use. The use shall be allowed to continue operation, as well as reconstruct or structurally alter the building or structure without the necessity of obtaining a special use permit. However, approval of aspecial use permit shall be required when there is a ten (10) percent or greater increase in the square footage of the use or structure proposed for expansion or enlargement." As shown on the concept plan, Wendy's plans to expand their dining room and kitchen. The applicant also plans to reconfigure the drive-thru aisle, and adjust the angle of some parking spaces. In the kitchen addition, a second drive-thru service window will be added, which will help make the drive-thru service faster and more efficient. The drive-thru stacking spaces will be relocated about 8 feet to the west of the current aisle. To accommodate for this shift, the adjacent parking space angle will be increased. Through the terms of their lease agreement, Wendy's has access to additional parking on the remainder of the property, around the (vacant) Photo USA building. While the site has adequate parking, peak use of the existing drive-thru often results in vehicles queued into the frontage drive shared by the adjoining businesses. The expansion of the Wendy's restaurant conforms with the policies and guidelines of the Core land use designation of the Roanoke County Comprehensive Plan. With the addition of a second service window, the drive-thru should operate faster and more efficiently. Considering the volume of peak traffic that this restaurant experiences, expansion of the dining room and reconfiguring the drive-thru will be a positive improvement. No negative impacts are anticipated. a~`j_ ck B~ZtJ~z For stall use only ~'"` COUNTY OF ROANOKE ~ DEPT. OF PLANNING AND ZONING 520E Bernard Dr. P.O. E3ox 29800 Roanoke, VA 24018 ( 540' 772-2068 F.^-,X (540) 772-21 OE date~~~~lgcC;~ re ived by: applicatio~r>~ee: ~~ ~BZA da~1 )b placards i u d: cS ~ Zt ~n E3os ate: is Zb ~'~ Case Number: ~ M /~~ Check type of application filed (check all that apply}: ~ REZONING ~i SPECIAL USE ~ VARIANCE Applicant's name: Wendy's of Western Virginia, Inc. (Lessee) Address: 3959 Electric Road, Suite 206 Roanoke, Virginia Phone: 774-921 Zip Code:24018 Owner's name: 419 Partnership Phone: 774-1208 Address: 3904 Franklin Road, SW Roano'.{e Virginia Z'p Code:24014 Location of property: Tax Ntap Number: 77.20-1-6 Wendy's Restaurant 4369 Electric Road ~`:iagisterial District: Cave S rin Roanoke, Virginia 24018 Community Planning Area: Cave Spring Size of parcel (s}: Existing Zoning: C-2 1.43 acres Existing Land Use: Commercial: Wendy's Restaurant with Drive-Tani 62, 290 sq.ft. Window , t :~.: :: ~;;.. 1 ~•.;. ~; Proposed Zoning: C-2 Foi r staff use cam;;: Proposed Land Use: Commercial: Wendy' s Restaurant with Drive-Thru ~ Use Type: Window ( Kitchen and Dining Room addition will ~~, I' increase net square footage 10+7) ___(!........~~ Does the parcel meet the rninimum lot area, ~.~id:h, and frontage requirements of the requested dis;-ic~? YES X NO IF NO, A `/APi~.`~CE IS REQUIRED FIRST. Does the parcel meet the minimum criteria fer :-,= requested Use Type? YES X NO _ ~ IF N0, A VARIANCE IS REQUIRED FIRST. i (; rn~nninn rani~oct ara cnnriitinns h2inn nr;~;;='s' ~NIFI'1 i~liS requeSl? YES NO r,= -~A Rnarn;ce C'nunrv 7nnina Ordinance it c. ~~. __ . ws v ws' v ws v x Consultation x 8 1 /2" x 1 1' concept plan x Application fee x Application "~~''' Cutetes and bounds description ~~~ Proffers, if applicable ii:~~.• x Justification ~"~>: ~/ater and sewer application x Adjoining properrf o~.vners ~, l hereby certify that l am either Lhe oN~ner of the property or (.he owner's agenC or contract pwchaser and am acting ~•~ith the knowledge ~d con^ nt of ~i;e o~~ner. Owner's Signature: ~~ ~ ~V~eE~~Or~f 1 ~•~~ ~•'~~ Is the application complete? Please check if enclcsed. APPLICATION ~rVILL NOT BE ACCEPTED IF ANY Or= THESE ITEMS ARE MISSING OR INCOf~1PLE T E. For S(aH Use On/y: Case Number ~~ ---- ;:;:~1:.: ;;: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::: ~::::::::;:;:::::::;:::;:::;:;:;:;:::;:;:;:;:~:+:;:::;:::::::;::: Sic n t~::::: :::::::~(.t:~~~~~~#.~~4~Tl.C)~~~J~':~F~~'C1~IIt:L:G:~~i:'SP.~~l1~~..if..~:.~~;Fr`~ ...:..............:.. ~1...~7'....._................_.....:.:.:: ::::::::::::::::::::::::::::::.............. .. ~... Applicant Wendy's of Western Virginia, Inc. The Planning Commission will study rezoning and special use permit requests to determine the need any justification for the change in terms of public health, safety, and general v~/elfare. Please answer the feilo~::ing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the coning Ordinance (Section 30-3) as well as t`:2 purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. Applicant's existing and proposed land use.is a legally established use under C-2 General Commercial District. However, Zoning Ordinance Section 30-23-2(F) recuires the approval of a Special Use Permit when there is a ten(10) percent or greater increase in the square footage of the use of structure proposed for expansion or enlargement. Applicant's proposed project will exceed 107 when both phases are completed. See Special Use Permit Attachment for additional information. ase explain how the project conforms to the Se::=_:al guidelines and policies contained in the P,ca~c~:<e C~~mty mprehensive Plan. Applicant believes that its request conforms to the guidelines and policies e the County's Comprehensive Plan and will continue to be used in a manner consistent with the adjacent properties or Core areas including 1. Policy C-1: Encourage the development of intensive,mixed use Urban Development in designated Core areas to provide Retail Centers that serve the growing suburan population of Roanoke County, and to provide Fiscal balance and gene_ate increased Tax Revenues. 2. Policy C-2: Serve each Core area by arterial or higher grade stree~ 3. Policy C-4: Coordinate tae design of_Commercial sites in regard tc site-to-site movement and minimize vehicular access oe_-ts to Public streets. Please describe the impact(s) of the request on the propery itself, the adjoining properies, and the sur;cunding area, as well as the impacts on public services and facilities, includine~ water/sev~e r, roads, schools, parks/recreation, and fire/rescue. Applicant anticipates no impact on adjoining pooperties or:~surrounding area with common Public right of way serving traffic signal already located at Route 419 and TAnglewood Mall, nor any additional impact on Public services or facilities. q ~P~ • Wendy's of Western Virginia, Inc. Special use Permit Application - Attachment August, 1997 Purpose Applicant wishes to expand and renovate its kitchen and dining room areas. This expansion will increase existing square footage more than loo and requires this special use permit for such expansion. Applicant will continue to use this property as a Wendy's restaurant with drive-through window service. Other Considerations . 1.Property compromising tax map no 77.20-1-6 consists of two parcels, Wendy's restaurant and old Photo USA property. Applicant has long-term lease for both Wendy's restaurant and adjoining "Photo USA" property to west. Lease control of this adjoining property provides applicant with additional parking spaces for Wendy's customers. 2. Customer parking space angles will be improved from 15 degrees to 30 degrees adjacent to proposed dining addition to improve traffic patterns. 3. Existing and proposed use information shown below: EXISTING PROPOSED Seating 96 120 Square Footage: Building and Solarium 2,456 2,456 Free standing storage unit 190 - Backroom addition (Est.) - 570 Dining addition (Est.} 290 Total 2,646 3,316 Page 1 of 3 s~- • Wendy's Of Western Virginia, Inc. Special Use Permit Application Attachment 4. Applicant plans to execute expansion project in two phases: 1) Kitchen or backroom additions and renovations including removal of existing free-standing storage unit (approx. 180 sf). 2) Dining room addition and renovations 5. Applicant currently provides ingress and egress to rear parking area of old "Color Tile" building (see double arrows on Concept Plan at southwest corner of property). • Page 2 of 3 • i i o.cb, .A...._.,~._ ._._._._.~..~. ~ ! i ! ~ ! ~ ! ~ E~i~rirY _ 1 ' ~ , W~v~'s /~~s1~Ua~r y 3(,5 ~'ci12~ ~ ~ ~~ ~ ~ ' i 1 i v I I I(~ I i I ~R STATION (~I~ ~ ~x• PCyL.y~~ 45' FROM F'lN~1a2 _ _ ~ \5 ~,. 't+- ~ ~ , .:~,., _~ .._. `jam ~ ~~~~ i " W =~., ~. d ~ ,u~ ACDITk~J ~- ~~ ~ ~ ifl _ NU __ 'I-~~ ~ ~ Q ~ _ O ~ v ~~ ~P'~ F ,~ ~' - _ . ~ ~ _ q ~ la T ~ a ~~ £~d , , i~; Jq ~ ~ ~ ~ ~° ~~ ~~ ~ I _ - ~ 22• -o• v ~~• -o• I, - ' ,. 3 ~---• /. ~ '~ SiG-•t•7 f l ~ ~.,_ ~ ~J - "~=_. ~- c=--- ---- 4~ ----~ O ~ISTItY_~ ~ ' t--rFrrVY•S 1 s ~ w ~ w ~ .rte . s • .~ . w ~ ~ ~ ran ~ w • n . ~V/ a J p I'~ `` q 1~ ~~ I e ~~ 1 Scac.~; 1 = 3a '7- zg^ 4~ ~T, `~l ~ E~~ 21 c ~v~o r .~ wog I /f ~"~:: ~>Jrin~ .,. f;~ .~P~~ti 44 Green Whey ~EjY"-~D ~ G~~- Elem.$ch` -clKrsf: 7G) . ^Ky ~ ESLIE'~at:' p / ^Q J 1~~~ 1R1 :: iZ~' . /~~~r. C . u e~r~ ,Il C~OJ~~JrQI ` AM / X60 ~' -Y~~+/ouoa, ~, ~/~ P~ C INN ~ CYP{B'~ yi, c.'Q ANGLE, I i DRI ` O t~ y WOOD d °f 3Ja ~ _ ei X~4~ , cGl'r. o~~ 4 a s~ ~wl>r .f.'t~ E,P Q „IN EST..°~1j-' _ ~ ~ Ft I~ .» J / "1409 V~:ii:~>. .~'~ o ::: . 9f B S 0p Py ~~~~.. y~~ '-yv~f~,uAx7 S~~ ~ F SPORES ~ S-3 NORTH / ~ ~~ r ,- ~ ~ ~ / ~_ ~ ~ c~i a / ~ 1 ~~ 15.1 17 1) ~ y 14~: ~~ / J '. ~' ~` U / ~~ IJA3 s IJ9~ ~ n ' 9 i~ / b~ :, 8 0~ / 7 j~' ,z P/O 77.16-1-2 ~ I"' 100 4 ~~ /~ •s' :~ v / 1 3 F~ ~ ~ / I.i~ .yam, G' 3 ,, ? 3 a 9 1 ~~,~ / ~~~ / 1',t C, ~~1 ~f` tel. ~\~ 0'` v ^~' ~> r ,., 0." / / `r i ~t 1 / ~~ `'c yS~ 1 0i' . ~~ i `.~ / ~.~ 6.21 • Ac s~ ~~ ~- '' 1 1 ~ .: ~~ 1~ L ~,> ~~ ~r !~ . - 12 'r\ y1S9 e' N.)6 11 ~g ~,_ 1161 4 1.00 Ac lDt L 28 Ac ICS G' . ~" DEPARTI~NT OF PI.ANNII~'G A' _~ " AND ZONING •? ~~1~ WENDY'S OF WESTERN VA INC.- - SPECIAL USE PERMIT 77. 0-1-6 /~ ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE GRANTING A SPECIAL USE PERMIT TO WENDY'S OF WESTERN VIRGINIA, INC. TO EXPAND THE EXISTING RESTAURANT WITH DRIVE-THRU WINDOW LOCATED AT 4369 ELECTRIC ROAD (TAX MAP NO. 77.20- 1-6), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Wendy's of Western Virginia, Inc. has filed a petition to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 Wendy's of Western Virginia, Inc. to expand the existing restaurant with drive-thru window located at 4369 Electric Road (Tax Map No. 77.20-1-6) in the Cave Spring Magisterial District is substan- tially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of ~ 15.1-456 of the 1950 Code of Virginia, as amended, C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WENDYS.SPU 1 s- 3 and said Special Use Permit is hereby approved. 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WENDYS.SPU 2 r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-15 TO AMEND CONDITIONS ON THE C-2C ZONING CLASSIFICATION OF A 1.14-ACRE TRACT OF REAL ESTATE LOCATED 5440 PETERS CREEK ROAD (TAX MAP NO. 26.20-4-27.1) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF RADFORD 8~ CO. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conditions imposed upon the 1988 rezoning of a certain tract of real estate containing 2.85 acres (Tax Map No. 26.20-4-27) and located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive (Tax Map Number 26.20-4-27) in the Hollins Magisterial District, are hereby removed only as to "New Lot B" containing 1.14 acres located at 5440 Peters Creek Road (Tax Map No. 26.20-4-27.1). These conditions will continue to apply to the remaining 1.39 acres (Tax Map No. 26.20-4-27) as follows: (1) Site to be developed in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. (2) The following proffers will relate to signage: 1 (a) The sign will be in accordance with the rendering presented to the Planning Commission and the Board of Supervisors. (b) There will be no green on the signage. (c) There will be no bunnies on the signage. (d) Signage for the Hop-In Store and the donut store will not exceed a total of sixty (60) square feet. If signage is located on a pole, the pole will not exceed twenty (20) feet in height. (e) The signage for the office building will be monument-type signage not to exceed twenty-four (24) square feet. (f) There will be no free-standing advertising signs on the premises. 2. That the owner of "New Lot B" containing 1.14 acres (Tax Map No. 26.20-4- 27.1) has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The project will be developed in substantial conformity with the conceptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects PC. (2) The free-standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage for the offices shall be 264 square feet. 3. That this action is taken upon the application of Radford 8~ Co. 4. That said real estate is more fully described as follows: Starting at a concrete right-of-way monument at the intersection of the northerly right-of-way of Woodhaven Road and the westerly right-of-way of Peters Creek Road; thence with the westerly right-of-way of Peters Creek Road, N. 85° 40' 15" E. 70.20 feet to a point; thence continuing with said right-of-way of Peters Creek Road, N. 49° 59' 00" E. 160.06 feet to the Point of Beginning; thence leaving the right-of--way of Peters Creek Road and with the northerly line of New Lot "A", N. 45° 13' S2" W. 277.99 feet to a point; thence leaving New Lot "A" and with the property of R. Wayne Lafon and Elizabeth Ann McCall (DB 1215, page 334), N. 47° 36' 08" E. 183.27 feet to a fence post comer; thence leaving the Lafon and McCall property 2 and with the property of John E. & Elizabeth S. Stephens (DB 797, page 568) and the property of Orrie E. & Nellie C. Lee (DB 475, page 393), S. 45° 13' S2" E. 264.09 feet to an iron pin corner; thence leaving the Lee property and with the westerly right-0f--way of Peters Creek Road on a curve to the right whose radius is 2784.79 feet and whose chord is S. 43° 00' 38" W. 176.66 feet to a point; thence continuing with said right-of--way of Peters Creek Road, S. 49° 59' 00" W. 6.45 feet to the Point of Beginning and being all of New Lot "B" as shown on Subdivision Map for Mary E. Radford, prepared by T. P. Parker & Son, dated October 5, 1989, and containing 1.144 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: nL~-~-, Jd. Q.e-u~..~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 3 p ~~I NORTH 72 ~ T ~ b 69 y\ ~ .~so~~ ~ _ ' iztr ? root tzar rri. uro s ~ 70 Crosstim0.n ~` nJl a zriz I ~ e GQ J(, o~~ C`,, / n ~`~'. ~~ d ~O ~ - / _ - RADFORD & CO. _ DEPARZTgTI'I' OF PLANNI~'G ~ C-2C TO C-2C AMEND CONDITIONS x ~~ - P.rm zorrzrrG ~ 26.20-4-27 :~ - . a 1, .. - ~ _ ~ - . rvl e ~ N /! I \{ ° ~l ~ „ ,a ii 1 8 7 I 8 ~ 4 S 3 s /~, ~ti rr•~ rus I 2 / ~ '~/ ~ 2 a M r~ lirl iN>' / va !! v ~. Newlanc Roc~ro .~ '. ' z3r . 2a irr. •, ,, ~ ,,I7 ~ 3 = rrs f / r1 •' rr~r i i O r 25 ~ / ~ '16 r ti~ :y ,rus i' ~ ~~ I Fi 9 rreJ /~ 2, \ rj r / ,'13 r 16 z~ r~ 12 rare' j ~ 9 4~ \\ rs q I7 5 A 7~r ° ! 1 ~p1 i.ta.c / I~ 16 - r/r ~ / ~ ~ ~ ~ ~~- ` IS 2 8 ~ 14 r° ~~. u 1.Jr O \ 3 II 'i ~: 1 ~ / 7,l ,~s re .sc ~~ ~• t _ _ f r_ ~c. ~ `. / PETITIONER: RADFORD 8~ COMPANY CASE NUMBER: 38-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Radford & Co. to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION The Commission inquired about signage for the building and access. Jyke Jones, architect for the applicant responded; it will be an 8 x 10 marquee sign and small identification signs will probably be used by individual offices on site. He stated that traffic will access from Peters Creek Road as well as the shared easement with UniMart. Also, there is a 40% increase in green space under the new proposal over the site plan proffered in 1988. D. PROFFERED CONDITIONS 1) The project will be developed in substantial conformity with the conceptual site plan SK1, dated August 21, 1997, prepared by Jones & Jones Assoc. 2) The freestanding monument sign at the Route 117 side of the site shall be limited to 100 square feet. Total signage for the offices shall be 264 square feet. E. COMMISSION ACTION(S) Mr. Ross moved to recommend approval of the petition with proffered condition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report ,Other Terrance Harrin n, Secr ry Roanoke Cou y Plann g Commission STAFF REPORT PETITIONER: RADFORD & COMPANY PREPARED BY: TIM BEARD PART I A. Executive Summary CASE NUMBER: 38-10/97 DATE: OCTOBER 7, 1997 s~-y This is a conditional request to amend proffered conditions on a portion of a 1.144 acre tract in order to construct professional offices. The proposal includes three separate one-story office buildings totaling 15,000 square feet amending a 1988 proffered concept plan proposing one larger structure. The petitioner also requests the removal of conditions relative to signage and exterior lighting for the office building proposed in 1988. Single family residential, open space, office, service and retail commercial parcels make up the general area. The site is designated Transition by the 1985 Comprehensive Plan. B. Description Petition of Radford & Co. to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District. • C. Applicable Regulations General office uses are permitted by right in the C-2 District. However, conditions attached to the 1988 rezoning of the overall 2.85 acre site included a host of proffers mostly regarding the then proposed convenience store, "Donut Shop" (now a dry cleaning business) and gasoline island pumps, canopy and underground tanks. Conditions applicable to the subject property include the concept plan providing for only one office building in addition to written proffers specifying monument-type signage not to exceed 24 square feet and "direct lighting on the front and the side with parking and one high sodium light in the center of the rear portion of the building." The sign ordinance has been rewritten since 1988 and exterior lighting regulations are in effect today; none existed in 1988. A commercial entrance permit will be required by VDOT. Site development plans will be reviewed and approved by County staff prior to the issuance of a building permit. • 2 PART II A. Analysis of Existing Conditions s-y Location: The subject property is situated on the north side of Peters Creek Road, 250 feet (0.05 mile) east of its intersection with Woodhaven Road. The site lies within the Peters Creek Community Planning Area. Urban services are available to this parcel. TopographyNegetation: The site of the proposed project is flat with a dirt and grass surface. Slight upslopes exist along the northeast and northwest boundaries characterized by 10 foot to 12 foot tall pine trees paralleling these property lines. Small shrubs exist at the foot of each slope. Surrounding Neighborhood: The applicant's tract is bordered by open space on the northwest (zoned R-2), single family residences to the northeast (zoned R-1 ), retail convenience/Unimart on the southwest (zoned C-2 conditional), and office commercial across Peters Creek Road to the southeast (zoned C-1 ). B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture: The petitioner's proposal includes three 1-story building totaling 15,000 square feet for the entire project. The structures are projected as neo-colonial in style with varying facades, steeply pitched roofs and dormers. Brick and wood siding are proposed for exterior materials. General office uses require 3'/2 parking spaces for 1,000 square feet of building; 52/53 spaces in this case (47 are shown). Proposed vehicle and pedestrian circulation will be coordinated with the adjoining convenience store. Stormwater management can be accomplished through an underground system or by sharing existing facilities with the Unimart Store. Access/Traffic Generation: The concept plan indicates shared access off Peters Creek Road and/or an existing cross-easement along the east border of the convenience store site. VDOT reports that the existing right-turn lane in west-bound Peters Creek Road may have to be extended. No new access points from a public road are planned. The 1995 ADT on this segment of Peters Creek Road was 22,000 vehicles. Eight accidents were reported within a 150-foot radius of the Peters Creek/Woodhaven Road intersection between 1994 and 1996. Staff estimates office traffic generation at approximately 200 trip ends per day. Fire & Rescue/Utilities: Emergency vehicle travel time is estimated at less than four minutes. This area is served by the Hollins station. Public sewer is available to the subject property. Public water is available by main line extension. Screening & Buffering: Existing Type D, Option 2 planting including large and small evergreen trees and a row of evergreen shrubs parallel the site's northeast and northwest borders. The concept plan provides adequate space for a frontage planting strip (minimum six-feet wide) bearing large evergreen or deciduous trees (one per 30 linear feet) and evergreen shrubs (one per five linear feet). The proposed layout appears to exceed the minimum interior parking lot landscaping required (a rate of 7 percent of the total paved area). C. CONFORMANCE WITH THE COMPREHENSIVE PLAN .,~--~ The subject tract is designated Transition by the 1985 Comprehensive Plan. This category encourages office uses. The proposal is consistent with Policy TR-1 (prevent haphazard commercial sprawl), TR-3 (reserve frontage for office facilities), TR-7 (coordinate vehicular and pedestrian movement among adjacent sites, provide shared access and parking, limit the frequency of driveway openings, TR-8 (enhance-,the quality of highway frontage development) and TR-9 (provide strict screening and buffering along rear property line). D. CONFORMANCE WITH COUNTY DEVELOPMENT STANDARD The proposed project complies generally with the zoning ordinance. In addition to the requested amended condition regarding the number of buildings indicated by concept plan, the petitioner also seeks the removal of written proffers relevant to the office building proposed in 1 Q88. Those proffered conditions deal specifically with signage and exterior lighting and are described under "applicable regulations" in this report. Zoning ordinance standards will be enforced or higher levels of compliance may be sought through new proffered conditions regarding exterior lighting and signage. Review and approval of site and building plans, erosion and sediment control and stormwater management will also be required. PART Ill STAFF CONCLUSIONS Staff concurs with the petitioner's modified/proffered plan. The applicant's 1997 concept plan offers improved aesthetics from a building standpoint and a reduced lot coverage ratio compared to the 1988 plan. The Commission may also want to consider accepting newly drafted proffers on signage and/or lighting. The extensive amount of Peters Creek Road frontage in this case could allow for up to 280 square feet of signage for the site as whole. • -~UA _ ~ ~r- COUN-1~Y OF~ RO~NOI<E ~ DEPT. OF- PI.~NrJING laND 7.ONING . z 57.oh RFrn~rrl i)r. \ P.O. Bor 7_~JROn l ~ Roanoke. VA 2~lO 1 fi • (Slrp` 772-206f3 Fl'~X lS~r!?) 772-2 I_(~~ •PrnpOSP.d Toning: C-2-C F9r Sra/f Use C~;v Use Typec Proposed Land Use: Office floes the parcel meet the minimum lot area. ,:.iCth, and frontag_ requirements of the requested district? YFS _ _X __ NO IF rlO, l~ `I~•~Ir.?SCE IS REQUIRED FIRST. • ~ P o~ YES X X10 f?nea the parcel meet the minimum criteria for t~ _ r..qu_sted Use Typ... _-_ If" hd0, A VARIANCE IS REQUIRED FIRST. }{ If rezoning request, are conditions being preff_'_d with this roqugst? YES I'10 /arianC? of Section(s) ____._____.__ of the Roanoke Count/ Coning Ordinanr_=_ in ^_ ~.r ;_. Not applicable ------ Is the application complete? Please check if enclosed. APPUCATICI~1 V~/ILL NOT BE ACCEPTED IF At1Y ) l E IFSE ITEPAS ARE MISSING OR IrJrOtilPl.E T E. PlS V nis v n,~ ~ Consultation 8 1 /2" x 1 1 " concept plan Application fee .. _ .;;, , Application :~-` _-_ -~ ~:.-~ Metes and bounds description Proffers, if applicable >:r~ Ad'oinin ro Prt~ o•:~ners Justifir_ation :~~ Water and se~Ner application 1 9 P p- / l hereby certify that l am either the owner oI the Aroperly or tl~e owner's agent or contract purchaser and e,,, ~~r.rinp with the knowledg " ~c nse a owner. _,., Agent for Owner 0•finer's Sign~ttire: IZA.DFORD OFFICE BUILDING 'rAX 1V1AP 26.20-04-27 . TEX"I'UAL SZ'ATE1y1ENT .may Purpose: Tile purpose of this rezoning request is to modify an existing condition number 1 of the rezoning approved by the Roanoke County Board of Supervisors on July 12, 1997. Said condition states "(1) Site to be developed in substantial confonnity.vith the site plan of T. P. Parker & Son, submitted herewith." This request is to change from a single land office building to three smaller structures. Tlie smaller buildings will serve as a transition bet«•een the existing residential development area north and the commercial development along Peters Creek Road. Proposed Ilse: Office t_,and Ilse: Transition Current Zoning: C-2-C General Commercial District Acreage: I.1 14 acres Comprehensive Plan: The proposed use of this property is er~cot~raged by tl~e Roanoke County Comprehensive Development Plan. Proposed Conditions: The site shall be developed in substantial compliance with the conceptual site plan, SK-(, dated 21 August 1997 as prepared by Jones ~ Jones Associates, Architects PC. • S-Y RADFORD OFFICE COMPLEX TAX MAP Number 26.20-04-27 October 7, 1997 PROFFERS 1. The project will be developed in substantial conformity with the conceptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects PC. 2. The free standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage for the offices shall be 264 square feet. ~~~ ,, p~~ ~~ \/ ' ~' `~, ~ ~b ~.• 'lp y. • yam. ~ ;: .~3~. O • ;\~ ~~ •\. ~ ~ ~ `\ \' \ ~ :\. ~ ~, \~ ~ O . EXISTING GR055 ~ ~ AGGE55 EASEMENT `~ ~~NE5 ~. JONE5 AssocidTes ARCHITBCT9 S~ \~~~ \b .~~' ~~~~Q Sx.~. ~a~. ~,~ ~ ~. ® ~J~ 0 o® ~~ _~ O® O, O ~ `~o , ~~ ~Qe~ ~~, a~ ~~` .~`~ ~ ~ O Q O~ ~e .~,• R • re;-~. ~~`` L • I?b L9' O G~IORD 9~tS. • S U' ' GYJ' !~D' YV ~ ~ 0 ~~~~ ~O ~O~ Q~ .~ ~~ ~~ ~~ J GONGEPTUAL 51TE PLAN ~~N6 ~~ ~i ~ iQa~ ltADFORD OFFICE COMPLEX ROANOKE COUNTY V I R C~ I N I A ~ ~ ~~Q ~~ ~ ~°~^ ~ o o® ~ O -%;,%, ® ~,, , ,,, ~' ~~~ 7b b ~-. ~~e ~~ ~a~. ~~ i~,~TE: 21 August 1997 J ,rT ~ ,ll .111 A v [ .A !~ !. v .,. ~ ,. ~rrr,~C~.t'~tfi'ZN~'ORi1~1~~'~ON ~ ~~~r ~~` Jones & Jones Associates, ,~rrt,tCANT: Architects PC FttoNt: 540-366-3335 FA~C: 540-366-3613 ~~vKER: Radford & Company F{tot~fE: 540-343-5000 ~~: 540-343-5135 Jones & Jones Associates, -t~~- Architects PC fiOTAL UYITS: pitp}~: 540-366-3335 izA~t: 540-366-3613 Roanoke Virainia_24019 -- szTE z~r~'d~.zv~.~zorr PROPERTY ADbR1rSS: Peters Creek Road nFVELoPM1::NT NAME: Radford Office Park PROPOSED Usti: Office nEVELOPED AREA: 1.114 acres TArC i~lP ~: 26.20-04-27 , 7.ONlNG: C-2-C QILESTED SER`!LCE: A~'irlt FACILITII/S: sEWEIt ):'ACILITt>rs C~ d~~'~) (Ct7tfN~'i') AU17ItESS: „- L] A15IC ~ t~ Comprehensive CJ Subdivision a Preliminary File No. (Staff Use Only) 6120 Peters Creek Road ____ Roanoke Virginia 29019 -- AbbftlrSS: 2740 Franklin Road SW -Suite 3 Roanoke, Virginia 24014 AbbRESS: 6120 Peters Creek Road GRADEb AREA: .75 acres Hollins h':AGISTERIAL DIStRICT: CITY - TOtti'i t 0~' V~TOi`1 CITY - TO~Y~ dF ~INTON TOTAL LOTS: - PRIVATE - WELL) - SEPTIC SYSTEiVn No FLOW REQUIRED: G.F.' IS BUILbiT1G TO 13E SP~tr,~tICL~REf~? ~~1XZ~b~`' 't G ~`C)z~11~ZA.~z'zOiv CtV~~~ CONST~tt~ C~'tON A.1V~ RENO~ATIO`+~ RUtt.DR•1G A1?FA: 15,000 square feet OCCU75Ai iCY LOAD: 1 50 CONSTRUCTION TYP1r: 5B $OCA USE GROUP: B COUnt 2onin Ordinance. T'ne Fl~~z conterm «•i,. The Applic:Snt request3 tevlew aAd SppfbVAl bC A devtlopmznc rltn regtllf-d by y g applicable Sections oC the ~~tY - Zbhing Ordini'.^~-'. 1t I# uNdtrStood that submission bC inAccurate or incomplct-_ infor-:zeien ma~~ delay Einal Spproval of the eotflp~tAEtlsl~b dt!velbpmtnt pl2rt3. i do hereby ctrtiFy Ih2t t Pttliy Ut1d'~t~tlltt9 tR~~proviSionS bf the Efis#ItlA i!!1d SedltnMt Control Ordit12f1cC Sr,d program, and the at;o~~e-reference- project 3S ~pp~ov~d. i Fili-t{iEF ~t~11I t~1>i f~ghl-e~-bfltry to thi3 projjc!, ~! dt#t Ab ve, to tha de ' 'Attd personnel for the purpose of inspecting and rrmonitoring Cor compliSllL`i! wlfA tAd AEbfe#dld OrdinSnc~.~ ~~ I TCIRE~F APPLICANT A FOR OWNER NO~'E: _ All BOLD 3ectiohS al` thl# spplic9tion must be tilled out dHd ttL'f ttt2p attached prior to ISSU2ttce of water and.sesver availability. ~ :l • - 1 t ~ ~' t ~• ~' ~, ~ • ' ~. y ._, ~ , .. ti ~ ~ _ . ''. .. - ' Qom, . - ~= ~ r _ ~: i ~_ ` ,.. ~`. a - z. ~~ ~. ~~ 'rat' ~ * ~`~C `~.f.~ ~ .' fV}~. _ ~ ~ r ~yyv~, . ~ 1. i ~, ` y_ ~ ' •~ ~. ~_r~ ~,} ~, {. - r~. .) ~.~ \~ ` / S~ 't ~i o~ ~ ~ f 4 1~~~.. t ~~~ r ~ ~ ~ mss, ~.S ,~„ ;•' ` /~ ~~~' .. .~ - l~.i- _ . y~ ~ . ~ ~'~ lit 4 t ~~' - ~.. ~ y....- "~`. s~ yam- ~,~ ` _ _ ~~ '~ J ' ~ ~ ~ F * ~ ,~ .. ~ _ ' j !r • ~ , ~ ~; -*~ a a,.'~'~~' A ~ '~,•- =~'•`~ >rJ .' ~j,, ~''_ a • + ~ n+J ~ • ~ _ _ itJr ~, / ~ nor ~. i~\ g 7 ~ 6 /•~ i~` II, rzas ztr. rrra' ~ 9 - ~ ° 4 S 2 / o'/ I 2 ..•~ *~r nor Cr III 3 s 1 r/ ® 1~ rrrr~ y r rcrJ ss,r ~ ~i CroffhmDsn ~ ~ rrJ+ °• . e scr ^ ` ', . ~.. .. .+ ~ ~ 67 •. 68 ~ rr~ 10 r Y Ne.l ~O n.r ++ _~. ,• \',° \ a 60 ~ o ~ rrrr~O 9 ~ I Y ono RocO y 7 Tm+ 3 ~ ~ , r C rsu Z°M 24 rsrr ay ~ '~17 ! 61 r•. ter. 'rrra .... +.... r t~ r ss,r / i ~ r o .., .. _ / O 25 ~ / ~ 16 n+r ,^ i tziM 65 , a 12 rrsu ~ - ! ~ / 'O'+' ;5 n °~ r 2 ~ \ " v ;., ',. 6• Rt Ia35 O ' `•~ %rr ,rub ~' / I . \" O » i - ~ rirt ~ ` f,/ ~ ~, r 16 rpr~' / g 4 \-\ r' 31 a.svnc %,~ s / ~, ~5 ~ for 30 ' 7 !rJ! 1 29 \ ` r.ra k / I .S 16 ' °a 3 rsr! ~ nv x a ~ ~ Z7 ~ / ,r , v 1.79 k J ° \ 13 '', ^• 1 a D e '° .. J.J+ • , rsrr o i ~ .l ~ / , ~ 5 ~° ti II ft r: i ,Ya , ~ rsro 2/ \ s.rJ rrr+•,- /~~ ~~ ~'• 9°> .2 trot C d ~ .r ~ ~ r ~ a„ -- .` 8 fr' 2.I Gj Gam ~o,~o ~~.. s` ~`~' o d ~o RADFORD & CO. _ "" DEPARZT~NT OF PLANNING ~ C-2C TO C-2C AMEND CONDITIONS x ~~• AND ZONING ~ 26.20-4-27 :~ . r+lf .. - _ - - . JONES & JONES ARCH TEL~1-703-366-3613 Oct 22,97 15 54 No .001 P.02 S4 RADFnRD ()FF~CF C.()MYL ~`X 'I'A.X. M.A1' Nutnbcr 26.20-(14-27• ~ October 7, 1 ~)r)'1 Y~rz~r~~r°r:ns l . Tho project will be developed in substantial conformity with the conceptual site plan. SK 1 datial Z l August 1997 as prepared by ]ones ~. Jones Associates, Architects PC. ?.. '11,i: free: slandin6 rni,nurrterrt. sign at the Route l 17 side ofthe site shall be limited t.o !OU squarc- fet~t. T7,u tots) siLmage far the offices shall be 2G4 square feet. i s-Y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO AMEND CONDITIONS ON THE C-2C ZONING CLASSIFICATION OF A 1.14-ACRE TRACT OF REAL ESTATE LOCATED 5440 PETERS CREEK ROAD (TAX MAP NO. 26.20- 4-27.1) IN THE HOLLINS MAGISTERIAL DISTRICT UPON THE APPLICATION OF RADFORD & CO. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the conditions imposed upon the 1988 rezoning of a certain tract of real estate containing 2.85 acres (Tax Map No. 26.20-4- 27) and located at the northeasterly intersection of Peters Creek Road and Woodhaven Drive (Tax Map Number 26.20-4-27) in the Hollins Magisterial District, are hereby removed only as to "New Lot B" containing 1.14 acres located at 5440 Peters Creek Road (Tax Map No. 26.20-4-27.1). These conditions will continue to apply to the remaining 1.39 acres (Tax Map No. 26.20-4-27) as follows: (1) Site to be developed in substantial conformity with the site plan of T. P. Parker & Son, submitted herewith. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\RADFORD.CO 1 s-y (2) The following proffers will relate to signage: (a) The sign will be in accordance with the rendering presented to the Planning Commission and the Board of Supervisors. (b) There will be no green on the signage. (c) There will be no bunnies on the signage. (d) Signage for the Hop-In Store and the donut store will not exceed a total of sixty (60) square feet. If signage is located on a pole, the pole will not exceed twenty (20) feet in height. (e) The signage for the office building will be monument-type signage not to exceed twenty-four (24) square feet. (f) There will be no free-standing advertising signs on the premises. 2. That the owner of "New Lot B" containing 1.14 acres (Tax Map No. 26.20-4-27.1) has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) The project will be developed in substantial conformity with the conceptual site plan SK1 dated 21 August 1997 as prepared by Jones & Jones Associates, Architects PC. (2) The free-standing monument sign at the Route 117 side of the site shall be limited to 100 square feet. The total signage C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\RADFORD.CO 2 S-4 for the offices shall be 264 square feet. 3. That this action is taken upon the application of Radford & Co. 4. That said real estate is more fully described as follows: Starting at a concrete right-of-way monument at the intersection of the northerly right-of-way of Woodhaven Road and the westerly right- of-way of Peters Creek Road; thence with the westerly right-of-way of Peters Creek Road, N. 85° 40' 15" E. 70.20 feet to a point; thence continuing with said right-of-way of Peters Creek Road, N. 49° 59' 00" E. 160.06 feet to the Point of Beginning; thence leaving the right-of-way of Peters Creek Road and with the northerly line of New Lot "A", N. 45° 13' 52" W. 277.99 feet to a point; thence leaving New Lot "A" and with the property of R. Wayne Lafon and Elizabeth Ann McCall (DB 1215, page 334), N. 47° 36' 08" E. 183.27 feet to a fence post corner; thence leaving the Lafon and McCall property and with the property of John E. & Elizabeth S. Stephens (DB 797, page 568) and the property of Orrie E. & Nellie C. Lee (DB 475, page 393), S. 45° 13' 52" E. 264.09 feet to an iron pin corner; thence leaving the Lee property and with the westerly right-of-way of Peters Creek Road on a curve to the right whose radius is 2784.79 feet and whose chord is S. 43° 00' 38" W. 176.66 feet to a point; thence continuing with said right-of-way of Peters Creek Road, S. 49° 59' 00" W. 6.45 feet to the Point of Beginning and being all of New Lot "B" as shown on Subdivision Map for Mary E. Radford, prepared by T. P. Parker & Son, dated October 5, 1989, and containing 1.144 acres. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\RADFORD.CO 3 ~` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-16 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (MONTCLAIR) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 400 FEET NORTHWEST OF THE INTERSECTION OF AMBASSADOR DRIVE AND ENVOY DRIVE (TAX MAP NOS. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19- 1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (Montclair) has filed a petition to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1 -1.7, 36.19-1- 1.6, 36.19-1-1.13) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 the City of Roanoke (Montclair) to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1- 1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1 -1.6, 36.19-1-1.13) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site; however, screening shall be provided along the rear of the homes along Ambassador Drive. 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. On motion of Supervisor Harrison to adopt the ordinance with amended condition, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 y CR. ~ ~~.' ~EL£JI• SCN. ~ s ~ G ^ ~, v ~:~~ ESTA t l c~o< ~e LzEUi ~ ~ ~ CY °~ ~; ~E..CON oy (~~ . < to _.:''S-;..::.-Y S A LE tit ~ .: y .::.;;. 'p ~ .. ~:' xe r~ F co~-riHC;~o or+ -WP iF' ~~-•y 1 C l N I T Y MAP`°.:~ ~ ,. _ DEPARTTTENT OF PLANNING CITY OF ROANOKE MONTCLAIR AIVD zoNING - - 36.5-~-10 •~~ SPECIAL USE PERMIT ,,, .~ ~~ ~ PETITIONER: CITY OF ROANOKE (MONTCLAIR) CASE NUMBER: 40-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of the City of Roanoke (Montlcair) to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1- 456 review for consistency with the Roanoke County Comprehensive Plan, located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive, Catawba Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION The Commission wanted to know if the City of Roanoke has obtained consent from the affected property owners. Mr Harrington responded that at the time of application, the City of Roanoke had control of all except four of the properties. The four property owners who had not entered into a formal arrangement with the City have provided the County with a signed statement indicating that they have knowledge of, and consented to, the City filing the SUP application for their properties. D. RECOMMENDED CONDITIONS 1) No screening and buffering shall be required around the entire perimeter of the basin site. E. COMMISSION ACTION(S) Ms. Hooker moved, pursuant to Section 15.1-456 of the Code of Virginia, that the request, as submitted, is consistent with the goals and objectives of the county's Comprehensive Plan AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None Ms. Hooker moved to recommend approval of the petition with the recommended condition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: - Concept Plan -Vicinity Map - Staff Resort / _ Other __ _~ / , ,. , ~ _,;' Terrance Harrir~gton, S ~retary Roanoke County Planning Commission • • Roanoke County Department of Planning Memorandum TO: Planning Commission FROM: Terrance L. Harrington, AICP Director of Planning DATE: October 1, 1997 RE: Special Use Permit Requests of the City of Roanoke to Locate two Regional Stormwater Management Basins (Major Utility) Near the Montclaire and North Lakes Areas of the County; Certification of Compliance with the Roanoke County Comprehensive Plan (456 Review) The Commission has received two requests from the City of Roanoke for Special Use Permit approvals for two regional Stormwater management basins near the Montclaire-and North Lakes subdivisions. Included with these requests are requests to certify 456 Compliance with the Roanoke County Comprehensive Plan. These requests were initially filed in the Spring of 1995. They were subsequently withdrawn by the City when it was determined at the Commission's public hearing that the city did not have a controlling interest in all of the properties affected by the detention basins. The current requests are identical to the 1995 proposals. Jon Hartley's 1995 reports are included in your packet. I ask that you consider these reports as the staff analysis of the current proposals. During the past two years, the city has obtained either fee simple title or easement interests in most of the properties affected by the basins. Four property owners had failed to enter into formal agreements with the City at the time of the submittal of these applications. However, each of these owners has certified in writing to the County that the City of Roanoke has their permission to serve as their agent on these requests. Staff recommends that the Commission find that these proposals are consistent with the Comprehensive Plan and recommend approval of the SUP's for the basins. • I• STAFF REPORT PART I PETITION: City of Roanoke (Montclair Basin) PREPARED BY: Jon Hartley A. EXECUTIVE SUMMARY .~ 5 FILE NO.: 5-3195 DATE PREPARED: March 7, 1995 The City of Roanoke is requesting a special use permit to construct a storm water detention basin in the Montclair area as part of a larger project to reducing flood levels in the Peters Creek drainage basin. The basin will be constructed in a ravine in an area otherwise surrounded~by single family residences. The benefit of this basin will be to reduce flood levels that now impact City and County residents, and will reduce flood levels by one foot at the intersection of Peters Creek Road and Melrose Ave. B. DESCRIPTION The City of Roanoke is requesting a special use permit to construct a regional storm water detention basin in the Montclair area of the County. This detention basin is the third phase of a multi-year project to reduce flooding in the Peters Creek drainage basin. The property involved is zoned R-1, Low Density Residential, with a small area of C-2 Commercial in the upper reaches of the proposed basin. This project is located approximately 350 feet north of Ambassador Drive in the Catawba Magisterial district. C. APPLICABLE REGULATIONS A storm water detention basin is classified by the Zoning Ordinance as a Major Public Utility Service which is allowed in all of the applicable zoning districts only after a Special Use Permit is approved by the Board of Supervisors. Also under the use and design standards contained in Section 30-83-11, "no major utility service shall be located within 100 feet of an existing residence." Finally, this same sectiopLrequires a landscaped buffer yar___d of _50__feet (or 35 feet with 8 foot screening), unless -specifically modified-as a part of the approved special use permit. The proposed detention basin is not located in a federally designated flood plain, but is located within a County regulated flood plain (drainage area of 100 acres or more). This project is subject to site plan review and approval by the County, which has already been initiated by the City. i PART I I A. ANALYSIS OF EXISTING CONDITIONS s~ ~ Back4round: The Peters Creek drainage basin has an extensive history of flooding, particularly in the vicinity of the intersection of Peters Creek Road and Melrose Ave. Following the 1985.flood, a series of meetings with residents led to exploring a`, comprehensive program for alleviating these flooding problems. A multi-year plan was formulated jointly between the City and County staffs. In 1989 the City of Roanoke passed a bond referendum that included money for the flood reduction project that is now proposed. Existing Site Conditions: Currently the site proposed for the detention basin is undeveloped open space. The topography varies from a fairly narrow ravine where the dam structure would be built to a broader area upstream of the proposed dam site. The dam is located at the narrowest part of the ravine approximately 350 feet north of Ambassador Drive. The present use is mostly for pasture, with the steeper slopes in brush and woodlands. There are no buildings or structures within the dam site or the area occupied by the detention basin. There is presently no vehicular access to dam or basin site. Surroundin . Neighborhood: The general area around the proposed basin is primarily developed as single-family residences particularly to the west and south. The area to ~• the east and north is comprised of open space, scattered residential development and small residential subdivisions. To the northwest is Alred Chevrolet and vacant property zoned C-2, General Commercial. Drainage: The proposed detention basin is located on a tributary of Peters Creek. This tributary generally drains the area bounded by Route 419, Interstate 81, and Cove Road, including portions of the I-81 / 419 interchange. Numerous houses immediately downstream of the basin site (south of Ambassador Drive) have experiences varying degrees of flooding in both the City and County. B. ANALYSIS OF PROPOSED DEVELOPMENT Proposed Improvements: The dam will consist of an earthen structure with a maximum span of 230 feet and an elevation of 24 feet. Upon completion the embankment will be seeded and maintained in grass. An access road will also be constructed. Beyond the dam structure and road, the remaining area of the basin will be undisturbed and left in its current state. The basin is designed as a "dry" basin, allowing for unobstructed normal flows, but has been designed to handle a 500 year storm event (a storm event with a probability of 0.2% of occurring in any given year. This exceeds the typical design standard of PETITION: City of Roanoke (Montclair Basin) 2 FILE NO.: 5-3/95 S'`~ : a 100 year storm event. The detention basin at high water would cover an area of approximately 5.5 acres. The entire basin area will be fenced with a black fabric chain link fence to promote safety and reduce visual impacts. The benefit in constructing the detention basin will be to reduce the risk of flooding to more than a dozen residences in the County during a one hundred year flood event. In addition the project reduces the risk of flood waters covering Ambassador Drive, Embassy Circle and Embassy Drive. The benefits to City residents has not been specifically identified. However, the cumulative affect of construction of this and the Lower North Lakes basin is to reduce flood elevations at the intersection of Peters Creek Road and Melrose Ave. by one foot. While one foot reduction may not sound significant, the net effect will be to substantially reduce flood damage and loses. As indicated above, City and County staff has worked closely with residents in the Peters Creek drainage basin to develop flood reduction measures. In addition, the City held an informational meeting for County residents on December 5, 1994. Ownership & Funding: The area of the detention basin will be acquired in fee simple by the City of Roanoke. Additional easements will be obtained for construction purposes and the relocation of utility lines. The project will be funded entirely by the City of Roanoke, with no expectation at this time for reimbursement from development that may occur upstream. Access: Both temporary construction access and access for routine maintenance of the impoundment will be from Diplomat Drive. While construction access may be disruptive for a brief period of time (roughly four months), traffic associated with routine maintenance should be minimal. Utilities: During construction existing sewer lines will need to be relocated and/or reconstructed as a result of the proposed basin. This will be accomplished at the City of Roanoke expense with no disruption of service anticipated. Fire/Rescue: Included in the submittal to the County is an inundation study which maps the areas that would be affected should the impoundment structure fail. While the structure has been designed with every precaution considered, this study will facilitate emergency response and evacuation of the areas affected. In addition the City will install a monitoring system, including an automatic dialer to both the City and County dispatch centers, to provide a warning system of a potential dam failure. These measures provide the necessary protection in the unlikely event that a dam failure should occur. Other Permits Required: The City has submitted the necessary permit applications to the Virginia Marine Resources Commission, which serves as the clearinghouse for all State and Federal Agencies that may have jurisdiction over this project. Only the • PETITION: City of Roanoke (Montclair Basin) 3 FILE NO.: 5-3/95 ~5 Department of Environmental Quality has determined the need for a permit, and have indicated that the permit would be approved once the necessary zoning approvals are obtained from County. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN ~_The proposed detention basin is located in both the Neighborhood Conservation and Development land use categories according to the 1985 Comprehensive Plan. Concurrent with the request for the special use permit, the City has requested the Planning Commission to consider the conformity of this project with the Comprehensive Plan. This determination will be made by the Planning Commission as a separate action prior to considering the special use permit application. PART III STAFF CONCLUSIONS This project has been fully endorsed by the County Department of Engineering and Inspections (see attached memorandum from George Simpson). The Department of Planning and Zoning also endorsES this project due to the significance to County residents in the area and the region as a ~,rrhole. The City has designed this project with input from the County staff and addressed all of the concerns. It should be recognized that the dam structure is substantial in size and will be located just • upstream from two single family residences. These residences however have the most to gain from the basin by eliminating exposure to flooding during a one hundred year flood event. In terms of the required screening, it is the staffs opinion that there is no benefit to screening the entire detention basin as prescribed by the ordinance. However, screening below the dam structure behind the residences on Ambassador Drive would mitigate the impacts of the impoundment structure. - PETITION: City of Roanoke (Montclair Basin) 4 FILE NO.: 5-3/95 I• • • ,~ , ,~ ~~ ,~ ,; !~ ,. ,- ,, ~ .~'° ,,~,~ %~~ ~~ ~ i' ~ ~' i~ >E •~. ., I, l ~+ P I I ~ dF+~dt l ' ~ i o~~ ~ :~ o ~ o I ~~ a l ~, ~i ~~ I I o ~ °o ~ ~ . • Q / / Foo . Xo~ ~~ •~° ~ ~~ ~ ~ '~ o i ~ ~. pd / ~~ i~~ ~~1~ ~ ~~ ~ ~~=- ~ alt i ~-~ ,, ~~ ~ ; ~i~ ~~ ~II~ ~~ ~~; ,\ ~~~~ ~` €~~- .. I~j~ 3' \ I I l ! ~ f ! I ~ I O I I o I ` ~ l O ~ 1 ~ .I `I ~ II ~ ~ \ l ~I / ~l j I~ ~ l o 11 / ~/ /,~,~ / ~ / r ~~ ~ ~ i •~ / /~ ~ 135 Sill 3Mf1 tp1V1'1 ~" z Q m z 0 ~- w J Q z 0 o` N n N h n 0 0 U • • ~J ~~12~a ~f00b'SSb'8Wd w 0 w 0 ~_ U H Z O (~/ J LL r~eM' w J U ~z 0 U W Cn Z Q m g U Z O 0 II w U Bp S II n ~~ s~ j • C, MEMORANDUM T0: Jon Hartley, Planning & Zoning- FROM: ' George Simpson, Engineering & Inspections %o~~ DATE: March 2, 199 SUBJ: Peters Creek Flood Reduction Project Special Use Permit '~4 ~- As we discussed, the City of Roanoke has applied for a special use permit to construct ttii-o detention ponds in Roanoke County. These ponds constitute the third phase of a multi-year flood reduction plan for the Peters Creek watershed. -The plan evolved out of a series of public meetings with residents who had experienced flooding problems throughout the years and especially in the November, 1985 flood. The City of Roanoke passed a bond referendum in 1989 that included money for the flood reduction project that is now underway. The Roanoke City and Roanoke County Engineering staffs have worked closely together in the past several years in an effort to coordinate flooding problems that are shared by the localities. With the preparation of the Regional Storm Water Master Plan now underway, we realize the importance of cooperation in efforts to reduce the impacts of flooding >n the Roanoke Valley. Most of the streams and tributaries in the Roanoke Valley cross two or more of the neighboring localities and we are likely to see many more "regiona~" ponds as a result of this. The review of the technical aspects of the project are being handled as a part of our normal development review process in Roanoke County. Additionally, the City of Roanoke has conducted public informational meetings with the residents of both localities. We have ~ looked at the .proposed ponds as they relate to the County residents downstream from the project that will be affected and see significant improvements for them. There will be reduced flooding in the Montclair subdivision in an area that has historically had significant problems in the past. The Engineering & Inspections Department would endorse this project as what will hopefully be the first of many regional facilities designed to mitigate flooding in the Roanoke Valley on a regional, cooperative basis. We have the calculations, maps, reports, etc. that have been .submitted by Roanoke City should you need additional information. Please advise. pc: Elmer C. Hodge, County Administrator Arnold Covey, Engineering & Inspections • • COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (703) 772-2068 FAX (703) 772-2030 For staff rise oily date received: recei ed by: 2z 'I application fee: PC/BZA dater c+ ~ ~ `1 ~ placards issued: 805 d te: ~ ~ Oc. , Lb, X17 Case Number: r, ~~ Check type of application filed (check all that apply): D REZONING ®SPECIAL USE COVARIANCE Applicant's name: City of Roanoke, Virginia (contact Greg Reed) Phone: 853-2035 Address: 215 Church Avenue, SW, Room 350 Zip Code: 2!:011 Roanoke, Virginia Owner's name: Varies (see attached listing) Phone: Addre ~ Zip Code: i Location f property: ~(1)~~400'~tNW a r. &'Wuis?+:"o ,3S1A6 R, s.:.~-. .,.,- .r..:s -~. - Tax Map Number: Varies - see attached . t l ~_. in,,,rt,~ersectio s ~do~~ve~(}~t. (R t~; r7 (2) ;;&,nvoy:~ 1.724) Magisterial District: Catawba _ _ , , .>__ _ 300' SE of the S end of Candlelight Community Planning Area: peter s Creek Circle Rt. 1739 Size of parcel (s): Existing Zoning: Varies -see attached 17.7 acres Existing Land Use: Vacant, agricultural 770, 257 sq.ft. . Y Proposed Zoning: No proposed zoning changes For start Use o~iy Proposed Land Use: Regional Stormwater Management Basins Use Type: Publicly maintained Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES X NO IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffer=d with this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws v ws v Consultation 8 1 /2" x 1 1 ' concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the know/edge and consent of the owner. Owner's Signature: ~Z/~ 7 S_S ' Justification for Special Use Permit Request Applicant: City of Roanoke, Virginia Peters Creek Flood Reduction Project Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The proposed project consists of two regional storm water management basins. The basins are sited on vacant land with one located in the Montclair area and the other in the lower North Lakes area. Both basins are "dry" impoundments that only fill with water during significant storm events. The basins are conservatively designed and provide significant flood reduction benefits for all storms up to the 500 year event. The proposed basins further the purposes of the Zoning Ordinance by providing increased safety from flooding for Roanoke City and County residents located downstream from the facilities. The site area of the proposed basins will remain in natural vegetative cover thereby preserving open space and supporting the protection of surface and groundwater resources. The proposed basins are located in areas of varying zoning classification. These classifications include R-1, R-2, R-3, and C-2. The proposed basins support the purpose of all of these classifications by providing conservation of open space, increased flood protection, and protection of surface and groundwater resources. The proposed facilities are designed to be regional in nature and provide peak flow reduction in a more efficient and cost-effective manner than numerous smaller facilities. These facilities are being constructed at the sole expense of the City of Roanoke. Significant benefits will be realized by both City and County residents. Please explain how the project conforms to the genera/guidelines and policies contained in the Roanoke County Comprehensive Plan. The proposed basins support many of the stated guidelines and policies of the Comprehensive Plan. These include protection of open space, critical slopes, floodplains and natural drainae~ corridors, and groundwater recharge areas. The proposed basins offer an opportunity fer a regional facility providing significant flood 'Hazard mitigation in both jurisdictions. This is also consistent with stated policies of the Comprehensive Plan. P/ease describe the impacts of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impact on public services and facilities, including water/sewer, roads, schools, parks/recreation, and file/rescue. The impact on the subject property is disturbance during construction of the proposed dam embankments. Residents may be impacted by noise and dust during the proposed construction duration of four months. The subject properties that will be impacted by impounded water will be acquired as either fee simple or drainage and impoundment ,S-5 easements by the City of Roanoke. Both embankments have been carefully and conservatively designed and meet all requirements of a state dam safety regulated .facility, although the proposed facilities do not meet the minimum size for regulation. The proposed embankments will be constructed of earth and will be restored with grass cover. The North Lakes basin will be fenced with black fabric chain link fencing and the Montclair basin will be fenced with black fabric chain link fence adjacent to residential property and standard farm fencing adjacent to agricultural property to promote safety and reduce visual impact. Screening of the facilities will be provided as required by the zoning ordinance. The surrounding properties will benefit by preservation of open space and protection of natural drainage ways. Visual impact of the facilities should be minimal after restoration of vegetation. Impact of the proposed projects on public services and facilities is minimal. There should be no impact on water and sewer facilities, roads, schools, or parks, and fire/rescue should be enhanced by improved safety and access due to reduced flooding. • • ~_ ..~ ~ ~~} i ~ ~~ ~ ~' ` ~ ~Y , ~-..~ ~~ i ; --_ a ~ . ~Q~~' ~ /~ ~r a ~ i ~ ~°o ---- __ , 0 ~~ _-_ I I °\\ ~ ~ ~ ~~ ~ ~; a o lo~ ~ a:.~°a /- } ~ O/." :' • • a ro .~'r-.. a e `/ j -' _ ~ i o ~ ~~ as ~ O ~ ~ ono, ja=i ~~~ } ~pp Kp n '~ • m o ~ ._ __ __L - ..s.''.. ----- _ °'aO sseawv ry „ ~ - rri ~ yI ~'z i ~ ; ~i x:. :l r ?~W:~ x.! S~ y ~a~ ~ ~ ~~0r'~ ., ~~ No ; ~p ~_ o ~~ _' a r Y ~ ~' U ~ r,n ~ a X~~ ~ Z trX ,- ~,y,,9' t ~ ~~N - ~~ 1 j 9~ ~~. ~•~ ~~ ~ ~ i~`'a•~ ~ )~ •9' ~~ ~`9~ ' ~ ~ 9rD~ 14 i ~~ ` I ~ I I • ~ 1 I 1 =.s ~ . 1 ~i - '_ ~ j ~~ ~~ '. ~ ~ t ( _ 1 ,r ~~ ~ :` ~ ~='' ~ :, , ~ i sac ssa an fnv~ z _n V J ~ m W W z o oo~ z ~-- o N r= ~ W II ~ ~ W~~ ~ ~ ~ ~ O ~QQ ?- Qc~n~ F- J Q U U o z o C G I~Iyr I y CR_ +~f~ M it ~ ~ ~~. E ~ J`~ \ ~~~ SALE~~1 COttTINClED Ot+ bWP 17~ yC .r / v,,,...+r..._n~.Wrhn r 7 Tw'1 `4 GLEN CO ~ .~, fir' cc Ex co vE ~ `• ~ELFII. SCX. ~~~i ^' MONTCW~ r ~2 ~o ESTA ~t~ G<4 a~-A AAE.'•CON ~ ,~~ ,~ •. ::.. ~ 41 ~`. s,, ra ~', ~. ~ .. 4>_ ~ ~ '~•~V1C1N1TY MAP°°~~•~~~. , ~F I i ,.. r a.. \ ~-. o. } 3> i 1t ~~ i i 1 f i ~=~-_ • 1 .. _ .. ~ '\~ .~ ~ ~ t '~ ~ . a, \ ~n a •' ~D ~ ~/ DEPARTMENT OF PLANNING AND ZONING CITY OF ROANOKE MONTCLAIR 36.15-1-10 SPECIAL USE PERMIT . AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (MONTCLAIR) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 400 FEET NORTHWEST OF THE INTERSECTION OF AMBASSADOR DRIVE AND ENVOY DRIVE (TAX MAP NOS. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1- 1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13), CATAWBA MAGISTERIAL DISTRICT S- 5 WHEREAS, the City of Roanoke (Montclair) has filed a petition to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1-10, 36.15-1-2, 36.19-1-1.11, 36.19-1- 1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 the City of Roanoke (Montclair) to construct a regional storm water management basin (utility services, major) located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive (Tax Map Nos. 36.15-1- C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\MONTCLAI.WPD 1 ~~~ 10, 36.15-1-2, 36.19-1-1.11, 36.19-1-1.10, 36.19-1-1.12, 36.19-1-1.8, 36.19-1-1.7, 36.19-1-1.6, 36.19-1-1.13) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site. 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\MONTCLAI.WPD 2 r -- MVP AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-17 GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (NORTH LAKES) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 300 FEET SOUTHEAST OF THE TERMINUS OF CANDLELIGHT CIRCLE (TAX MAP NOS. 37.17-1-2, 37.13-4- 3.1, 37.13-4-3, 37.13-4-7, 37.13-4-1, 37.13-3-32), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (North Lakes) has filed a petition to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1, 37.13-4-3, 37.13- 4-7, 37.13-4-1, 37.13-3-32) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 the City of Roanoke (North Lakes) to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1, 37.13-4-3, 37.13-4-7, 37.13-4-1, 37.13-3-32) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Comprehensive Plan a r pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site. (2) Construction access shall only be provided from Peters Creek Road. Future maintenance access shall also be from Peters Creek Road. 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. On motion of Supervisor Harrison to adopt the amended ordinance with the addition of the second condition, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 2 p. ~! J ~' `6 0+ ~7 ,~0,+~ ll' \L ~ '~Gl [~ 53 'COQ E>aiSSaRy ~ ` __ C~ J ~~ ((~ tF 0~ o ow ~' pi.j°r y ~s 4. oc ca uo++f~a~.s~? 4\ p,~~+~-~ d \ 4 V S \~\C \~~C, C~ \ ~O yak r~ o : o- 4~I ~ I ~ 1 .; ~ :. ~~ s aw«.• n ~~" ~ \ !-~ 1%~.'~'~{ ~v7'404a i ~ [•~: g~~9 r'~i'~'; 't t~.e '~~,~~,/ Ylf1 V1w~l~GHI ~~ w~nf°+ir•1.• `y Yf' ~ ~'7~~~"`,r=. ~~1IS.~ ~,l/E ~ '4 ~ ~ 7 J ~ ' \\, y,a 1 ~ ~ ~4,i 1° 3 F~~ \o \o AAAOwH4CD ~~--:.- I,... - . . }ya ~ ~ ~ F! _7 ,A ! l P4`r ` .fir l ~ j . ~ ... ~ •\ i ~ % •~ ~`~ ~'r +~f ' ~(. Q ' 4 S- b ~'_ .S= 19S.~e w ~y 43 ,fr• ~~ 43 . ov• J2 at 40 39 13 / .... T ' Y~ j 21 ` t Y ~~ ~ l I Il R ' ~' G~~' .. . ~ u ~ _ ~. .. .~ . GJ ~:.~ -. .. -. ~ L: ,. \ 4 ~, V y~ t~ ,' DEPARTI~1~1rI' OF PLANNING _- < AND ZONITtG :~ ,,,, . CITY OF ROANOKE -NORTH LAKES SPECIAL USE PERMIT ,S' L PETITIONER: CITY OF ROANOKE (NORTH LAKES) CASE NUMBER: 41-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of the City of Roanoke (North Lakes) to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1- 456 review for consistency with the Roanoke County Comprehensive Plan, located 300 feet southeast of the terminus of Candlelight Circle, Catawba Magisterial District. B. CITIZEN COMMENTS William Overstreet, a resident of North Spring Drive commented on the flooding in the area that occurred in 1994 and presented a video to the Commission showing the damage. He also expressed concern with North Spring Drive being used for construction access and informed the commission of a need for a cul-de-sac at the end of North Spring Drive. King Harvey, representing the North Lakes homeowners, expressed concerns regarding flooding and construction access. Danny Hambrick and Terry Mullins expressed concerns regarding access, safety, and the loss of vegetation resulting from the construction of the basin. C. SUMMARY OF COMMISSION DISCUSSION Ms. Hooker asked about the potential of the pond to flood North Spring Drive. Mr. Harrington responded that the high water level was way below the homes on North Spring Drive and believed the top of the spillway on the proposed dam was much lower than the road, but that a representative of the City of Roanoke was present and could possibly address that question. Ms. Hooker also asked about the extent of vegetation that will be removed in the basin. Greg Reed, representing the City of Roanoke, said that the City would be willing to explore a construction access route other that North Spring Drive and that such a route would require that the City obtain additional easements for the access. He stated that the pond would not enhance the danger of flooding to the homes on North Spring Drive. During construction, all of the small vegetation and brush would be removed from the proposed impoundment area, but the City's intent would be to leave the large trees in the basin. He stated that the reason for removing the brush and small vegetation is so that this type of material does not get washed downstream during a flooding event and clog the outlets to the detention basin. D. RECOMMENDED CONDITIONS 1) No screening and buffering shall be required around the entire perimeter of the basin site. E. COMMISSION ACTION(S) Ms. Hooker moved, pursuant to Section 15.1-456 of the Code of Virginia, that the request, as submitted, is consistent with the goals and objectives of the County's Comprehensive Plan. The motion carried with the following roll call vote: `e`~~ 03 ~, AYES: Thomason, Hooker, Witt, Robinson, Ross ~~ NAYS: None ABSENT: None Ms. Hooker moved to recommend approval of the petition with the recommended condition. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson NAYS: Ross ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Terrance Harr' gton, Se etary Roanoke C my Planning Commission • Roanoke County Department of Planning Memorandum TO: Planning Commission FROM: Terrance L. Harrington, AICP Director of Planning S- 6 DATE: October 1, 1997 RE: Special Use Permit Requests of the City of Roanoke to Locate two Regional Stormwater Management Basins (Major Utility) Near the Montclaire and North Lakes Areas of the County; Certification of Compliance with the Roanoke County Comprehensive Plan (456 Review) The Commission has received two requests from the City of Roanoke for Special Use Permit approvals for two regional stormwater management basins near the Montclaire and North Lakes subdivisions. Included-with these requests are requests to certify 456 Compliance with the Roanoke County Comprehensive Plan. These requests were initially filed in the Spring of 1995. They were subsequently withdrawn by the City when it was determined at the Commission's public hearing that the city did not have a controlling interest in all of the properties affected by the detention basins. The current requests are identical to the 1995 proposals. Jon Hartley's 1995 reports are included in your packet. I ask that you consider these reports as the staff analysis of the current proposals. During the past two years, the city has obtained either fee simple title or easement interests in most of the properties affected by the basins. Four property owners had failed to enter into formal agreements with the City at the time of the submittal of these applications. However, each of these owners has certified in writing to the County that the City of Roanoke has their permission to serve as their agent on these requests. Staff recommends that the Commission find that these proposals are consistent with the Comprehensive Plan and recommend approval of the SUP's for the basins. • _ ~ ~ S- ~ _ - STAFF REPORT ~~ PART PETITION: City of Roanoke (Lower N. Lakes Basin) FILE NO.: 5-3/95 PREPARED BY: Jon Hartley DATE PREPARED: March 7, 1995 A. EXECUTIVE SUMMARY The City of Roanoke is requesting a special use permit to construct a storm water detention basin in the Lower North Lakes area as part of a larger project to reducing flood levels in the Peters Creek drainage basin. The basin will be constructed in a ravine downstream and adjacent to North Lakes subdivision. The basin will also occupy a vacant commercial parcel located behind the former Jack Hartman building. Finally the dam structure. will be built just upstream from one of five stone structures built in the 1870's for the Valley Railroad before the railroad was abandoned for financial reasons. However, the benefit of this basin will be to reduce flood levels for the businesses along Peters Creek Road, and will reduce flood levels by one foot at the intersection of Peters Creek Road and Melrose Ave. B. DESCRIPTION The City of Roanoke is requesting a special use permit to construct a regional storm water detention basin in the Lower North Lakes area of the County. This basin is the third phase of a multi-year. project to reduce flooding in the Peters Creek drainage basin. The property involved is zoned R-2, Medium Density Residential, R-3, Medium Density Multi-family, and C-2, General Commercial. This project is located 550 feet north of Peters Creek Road extending to the southern end of North Spring Drive in the Catawba Magisterial district. C. APPLICABLE REGULATIONS A storm water detention basin would be classified by the Zoning Ordinance as a Major Public Utility Service which requires a Special Use Permit from the Board of Supervisors in all of the applicable zoning districts. Also under the use and design standards contained in Section 30-83-11, "no major utility service shall be located within 100 feet of an existing residence." Finally, this same section requires a landscaped buffer yard of 50 feet (or 35 feet with 8 foot screening), unless specifically modified as a part of the approved special use permit. The proposed detention basin is not located in a federally designated flood plain, but is located within a County regulated flood plain (drainage area of 100 acres or more). This project is subject to site plan review and approval by the County, which has already been initiated by the City. PART II . S W .~ • • A. ANALYSIS OF EXISTING CONDITIONS Background: The Peters Creek drainage basin has an extensive history of flooding, particularly in the vicinity of the intersection of Peters Creek Road and Melrose Ave. Following the 1985 flood, a series of meetings with residents served as the impetus to explore a comprehensive program for alleviating these flooding problems. A multi- year plan was formulated jointly between the City and County. In 1989 the City of Roanoke passed a bond referendum that included money for the flood reduction project that is now underway. Existing Site Conditions: Currently the property proposed for the detention basin is undeveloped woodlands. The topography consists of a narrow ravine which runs from end of North Spring Drive to the rear of former Jack Hartman building on Peters Creek Road. The dam structure would be located at the southern end of the ravine. There are no buildings or structures within the basin and presently no vehicular access to the site. Surrounding Neighborhood: The general area around t`~e proposed basin is primarily developed as single-family residences to the west and north. The area to the south and east is vacant land which is zoned C-2, General Commercial, amini-warehouse development and a number of commercial businesses along Peters Creek Road. Drainage: The proposed detention basin is located on a tributary of Peters Creek. This tributary generally drains large portions of the North Lakes subdivision and extends all the way to Northside Junior High School. B. ANALYSIS OF PROPOSED DEVELOPMENT Proposed Improvements: The dam will consist of an earthen structure with a maximum span of 220 feet and an elevation of 27.5 feet. Upon completion the embankment will be seeded and maintained in grass. An access road will also be constructed. Beyond the dam structure and road, the remaining area of the basin will be undisturbed and left in its current state. The basin is designed as a "dry" basin, allowing for unobstructed normal flows, but has been designed to handle a 500 year storm event (a storm event with a probability of 0.2% of occurring in any given year. This exceeds the typical design standard of a 100 year storm event. The detention basin at high water would cover an area of approximately 3.3 acres. The entire basin area will be fenced with a black fabric chain link fence to promote safety and reduce visual impacts. The primary benefit in constructing this detention basin will be to reduce the risk of PETITION: City of Roanoke (Lower N. Lakes Basin) 2 FILE NO.: 5-3/95 .,wry ~~ i~ flooding to all of the businesses located along Peters Creek Road from Cove Road . down to Melrose Ave. At Melrose Ave flood elevation during a one hundred flood • event will be reduced one foot. While one foot reduction may not sound significant, the net effect can be substantial in reducing flood loses. As indicated above, City and County staff has worked closely with residents in the Peters Creek drainage basin to develop flood reduction measures. In addition, the City held an informational meeting for County residents on December 5, 1994. Ownership & Funding: The area of the detention basin will be acquired in fee simple by the City of Roanoke. Additional easements will be obtained for construction purposes and the relocation of utility lines. The project will be funded entirely by the City of Roanoke, with no expectation at this time for reimbursement from development that may occur upstream. Access: Both temporary construction access and access for routine maintenance of the impoundment will be from North Spring Drive. While construction access may be disruptive for a brief period of time (roughly four months), traffic associated with routine maintenance should be minimal. Utilities: During construction existing sewer lines will need to be relocated and/or reconstructed as a result of the proposed basin. This will be accomplished at the City of Roanoke expense with no disruption of service. Fire/Rescue: Included in the submittal to the County is an inundation study which maps the areas that would be affected should the impoundment structure fail. While the structure has been designed with every precaution considered, this study will facilitate emergency response and evacuation of the areas affected. In addition the City will install a monitoring system, including an automatic dialer to both the City and County dispatch centers, to provide a warning system of a potential dam failure. These measures provide the necessary protection in the unlikely event that a dam failure should occur. Cultural Resources: Located just south of the dam structure along the drainage way is a stone arch or bridge constructed as part of the Valley Railroad promoted, at one point, by Robert E. Lee during the 1870's. This railroad was intended to link the Roanoke and Shenandoah Valleys with Baltimore and markets further north. This structure is one of five known stone improvements built with funds from a bond issue by the County before the construction of the railroad was abandoned due to the lack of financial support. More recently the property was occupied by a concrete products company. At that time significant amounts of waste concrete slurry and broken concrete products were deposited over the stream bank, burying the upstream face of the arch in concrete. The stress of this concrete plus the lack of general maintenance have exacerbated the deterioration of this structure.. While the dam PETITION: City of Roanoke .(Lower N. Lakes Basin) 3 FILE NO.: 5-3/95 S= fv • structure is located only 250 feet north of this arch, it will not directly affect the arch, although it will alter the present setting of the arch. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The proposed detention basin is located in both the Neighborhood Conservation and Development land use categories according to the 1985 Comprehensive Plan. concurrent with the request for the special use permit, the City has requested the Planning Commission to consider the conformity of this project with the Comprehensive Plan. This determination will be made by the Planning Commission as a separate action prior to considering the special use permit application. PART III STAFF CONCLUSIONS This project has been fully endorsed by the County Department of Engineering and Inspections (see attached memorandum from George Simpson). The City has designed this project with input from the County staff and addressed all of the concerns. However, unlike the Montclair basin also proposed, there is limited direct benefit to County residents, other than the two commercial properties just below the impoundmerit on Peters Creek Road. !n addition this detention basin will eliminate a vacant commercial property from future use and development. Finally, the dam structure will be located in close proximity to an important cultural resource, a stone arch built as part of the Valley Railroad, although this arch has been compromised through abuse and neglect. Despite all this, the Department of Planning and Zoning also endorses this project due to the benefit to properties downstream in the City and the region as a whole. In terms of the required screening, it is the staffs opinion that there is no benefit to screening the entire detention basin as prescribed by the ordinance and would recommend that this requirement be waived. PETITION: City of Roanoke (Lower N. Lakes Basin) 4 FILE NO.: 5-3/95 ,~ ° 00 i• i• 0 0 0 ~ 0000 0 ~.• e ~ • X y o o ~~ ~ ~.~ a ' ~ . ~~ ~ ' ~~"i ~~ ~o.. ~ a c c . r z .~`~. cn Q m z 0 ~- z w ~- w 0 / Q •~', © ~ " ~ ~-, -~ _ < % : " d ~d I X ~~~ I I ~~~ ~ 1 I I X w ~' ~ o I ~ ~ 3 ,1; ~~ ,; ~ ~~ ~~ ~ )~ ~ f 1 i I ~ ; i ~. ~~ .' ~~~ ~ I ~ • p f I ~- 1 a .--- 4~ Y / 3a ~ ~ g ~ ~~~i X COUNTY OF ROA,NOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018. _ (703) 772-2068 FAX (703) 772-2030 For staff use only ~ ' date received: recei ed by: !~ "• 2i ~ application fee: PC/BZA dater c+ ~ ~ 9 `] placards issued: BOS d te: ~ Casa Number: /D Proposed Zoning: No proposed zoning c:an~es ~~ staff use cniy Proposed Land Use: Regional Stormwater ~~2nagement Basins Use Type: Publicly maintainer Does the parcel meet the minimum lot area, wicth, and frontage requirements of the requested district? YES X NO IF NO, A VARiF.NCE IS REQUIRED FIRST. Does the parcel meet the. minimum criteria for t~-e requested Use Type? YES `~ NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being pro~~er_~ with this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in cr;:er to: Is the application complete? Please check if encicsed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws v ws v Consultation 8 1 /2" x 1 1 ' concept plan - ~ Application fee Application Metes and bounds description Proffers, if applicable Justification Water and sewer application Adjoining property owners • /hereby certify that l am either the owner of the property or the owner's went or contract purchaser and am acting with the knowledge and consent of the owner. ~Z/~ 7 Owner's Signature: ~l~~~i'3iiitl~)3X1€~~~rr''.rX~'>~~~i~X~f~tC~7.?~~;'€.~t~`':i~~:~?~f~l(:t~~~"~~~R~~"l':s~~~~~~~~'~~``:~~~~~~~~~':~ ~~~~~~`:~I sc, . Justification for Special Use Permit Request • Applicant: City of Roanoke, Virginia Peters Creek Flood Reduction Project Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. The proposed project consists of two regional storm water management basins. The basins are sited on vacant land with one located in the Montclair area and the other in the lower North Lakes area. Both basins are "dry" impoundments that only fill with water during significant storm events. The basins are conservatively designed and provide significant flood reduction benefits for all storms up to the 500 year event. The proposed basins further the purposes of the Zoning Ordinance by providing increased safety from flooding for Roanoke City and County residents located downstream from the facilities. The site area of the proposed basins will remain in natural vegetative cover thereby preserving open space and supporting the protection of surface and groundwater resources. The proposed basins are located in areas of varying zoning classification. These classifications include R-1, R-2, R-3, and C-2. The proposed basins support the purpose of all of these classifications by providing conservation of open space, increased flood protection, and protection of surface and groundwater resources. The proposed facilities are designed to be regional in nature and provide peak flow reduction in a more efficient and cost-effective manner than numerous smaller facilities. These facilities are being constructed at the sole expense of the City of Roanoke. Significant benefits will be realized by both City and County residents. Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The proposed basins support many of the stated guidelines and policies of the Comprehensive Plan. These include protection of open space, critical slopes, floodplains and natural drainage corridors, and groundwater recharge areas. The proposed basins offer an opportunity for a regional facility providing significant flood hazard mitigation in both jurisdictions. This is also consistent with stated policies of the Comprehensive Plan. P/ease describe the impacts of the request on the property itse/f, the adjoining properties, and the surrounding area, as we// as the impact on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. The impact on the subject property is disturbance during construction of the proposed dam embankments. Residents may be impacted by noise and dust during the proposed construction duration of four months. The subject properties that will be impacted by impounded water will be acquired as either fee simple or drainage and impoundment S-4 easements by.~he City of Roanoke. Both embankments have been carefully and conservatively designed and meet all requirements of a state dam safety regulated facility, although the proposed facilities do not meet the minimum size for regulation. The proposed embankments will be constructed of earth and will be restored with grass cover. The North Lakes basin will be fenced with black fabric chain link fencing and the Montclair basin will be fenced with black fabric chain link fence adjacent to residential property and standard farm fencing adjacent to agricultural property to promote safety and reduce visual impact. Screening of the facilities will be provided as required by the zoning ordinance. The surrounding properties will benefit by preservation of open space and protection of natural drainage ways. Visual impact of the facilities should be minimal after restoration of vegetation. Impact of the proposed projects on public services and facilities is minimal. There should be no impact on water and sewer facilities, roads, schools, or parks, and fire/rescue should be enhanced by improved safety and access due to reduced flooding. • • S-~ O' O p p p -" O ~~•,1, p p p O - p _ -- .~ViS _ , --- - ~ _ -- .. -- - ~a--' •. z - -_- - _ ~ uzi " ~ ~' o ` Z < ~J ~-_ lam}..^~ N . p Z~.. (J. ~ W n {~~" 0 4 0„~ -, Z ` r ~;~~~n o ~ '~~~Z.. mar _-• ` r. ., a~j~; ~~ ~ __ .. q~ ; , ~ SD -- < n p -- X3 ci n r ..1 ,. O 1 / Y ^ 1 '~ ' 1 i 1 1 1 _:a ...~... X 3 \ 1 ~` } ~ ~~ ~ _ X' ~ ~ 1 . Y ~ ; ~ _ 1 ~~~ ~~ a 1 - _ <m \ 1~~~ ` ~aO .~ O~ is // ~ / ~Or .U~ / ` `~~ / Il iq ' 'a ~. ~ ~s ..~ m~ 3N~f1 lllFi Sb^iOFYJIN / / ''~~' ~ ( / 111 ,~~ ~ O Z / O V ... a ~ ~ ~ S~IIN Sd~OH01N 1 - _ •''' 1 ~.~ ~ n G lv K I J= i ° ... J ri C^ N n ~x ~'~ \ / ~=n ,X` ~~ x ~~~ 2y n z Q m z O ~- W W m O w o r- z ~ °~ N O ~ ~~ ~ ~~~~ ~QwQ O J vw ~_~~ U O z O • • MEMORANDUM ~~' TO: Jon Hartley, Planning & Zoning ~ - FROM: George Simpson, Engineering & Inspections ~~~ _- DATE: March 2, 1995 SUBJ: Peters Creek Flood Reduction Project Special Use Permit S-G As we discussed, the City of Roanoke has applied for a special use permit to construct ri~-o detention ponds in Roanoke County. These ponds constitute the third phase of a multi-year flood reduction plan for the Peters Creek watershed. The plan evolved out of a series of public meetings with residents who had experienced flooding problems throughout the years and especially in the riovember, 1985 flood. The City of Roanoke passed a bond referendum in 1989 that included money for the flood reduction project that is now underway. Thy Roanoke City and Roanoke County Engineering staffs have worked closely together in the past several years in an effort to coordinate flooding problems that aze shared by the localities. With the prepazation of the Regional Storm Water Master Plan now underway, we realize the importance of cooperation in efforts to reduce the impacts of flooding in the Roanoke Valley. Most of the streams and tributazies in the Roanoke Valley cross two or more of the neighboring localities and we are likely to see many more "regional" ponds as a result of this. The review of the technical aspects of the project are being handled as a part of our normal development review process in Roanoke County. Additionally, the City of Roanoke has conducted public informational meetings with the residents of both localities. We have looked at the .proposed ponds as they relate to the County residents downstream from the project that will be affected and see significant improvements for them. There will be reduced flooding in the Montclair subdivision in an area that has historically had significant problems in the past. The Engineering & Inspections Department ~ti~ould endorse this project as what will hopefully be the first of many regional facilities designed to mitigate flooding in the Roanoke Valley on a regional, cooperative basis. We have the calculations, maps, reports, etc. that have been submitted by Roanoke City should you need additional information. Please advise. pc: Elmer C. Hodge, County Administrator Arnold Covey, Engineering & Inspections xl • •~ a/ couNrr scN~~?' •, ~ S ~/OMrNI$7R.QKJM tMI~Gi ~~c~Ew .~+%~.J ~ is `~ - .~ o \-\p \~ '~Gt [N a ~ 53 COVf \'.\r EMISSARY ~ lSEM v'';6rZ, \\ i80 ~tM ~ tfrd 1 \ C~£N ~,VE ~rf OP op 'yoa..yw. \~^ a~ u0rr 7~A~. ~y ~\po .~ .FI~ ~3~~~yyr;~{~rw..T" 0 i °i ti 13 ~ :•~, iswL• boa ! IT^ .''''i .4°°p°,~ w~n~a+tc `°ti9L `T'F-.~'•;ty°`b~ ~~`\~~~\~[xrr7 I `; ~~ ry ~~ o,~ l~ e 3 Gam` , ~''grr~ ~ ~o~ aRROw NOOO / 1tILL7rR t,'~LRT~ s ~. ~.. 13 Y4 1 ~= ~ 1~0 a `. ~~ /Z I / A r rr 4y ' ~F a « ,.. .. ~ .. ~~ Y_ as .r' .» i 31 ~ b .r ,. 3z ~;,,~ -' /~~ 12 ~ 2 •a ~ i \ •• 49 ~ .r t ~ ~ w. t ~ .~ ~ ~ ^ . .. } 4e + yr ~' Jr )4 y ~ 2 \ ~ ~` a ~ •r~f \. ~ 21 . i i 20 •.3i ~~ ./VI •!.. I .rN •r+• Ar. Dee ~ fT ~ ..~. ~~s •r. wr.r .ras •n. ~. ~ •fn I6 ~. •rll 44 43 42 41 40 39 i . ~ ~~ ^_ , ' ,~ ~' f' s, ' ~~ ~f R '- ~, ~s _ G~~' ., .~ . u ~- - .~ Gu _ ~~K . =.~ ~~ .._ 4 •~ 13 .. CITY OF ROANOKE -NORTH LAKES _ "" DEPAR'I'I~~~1'I' OF PLANNI\'G SPECIAL USE P E RM I T :. - AND ZONING ;~ ' „~. S- t~ NORTH .~°'~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF ROANOKE (NORTH LAKES) TO CONSTRUCT A REGIONAL STORM WATER MANAGEMENT BASIN (UTILITY SERVICES, MAJOR) AND REVIEWING AND APPROVING THE PROJECT FOR CONSISTENCY WITH THE ROANOKE COUNTY COMPREHENSIVE PLAN (SECTION 15.1-456 REVIEW), SAID PROJECT LOCATED 300 FEET SOUTHEAST OF THE TERMINUS OF CANDLELIGHT CIRCLE (TAX MAP NOS. 37.17-1-2, 37.13-4-3.1, 37.13-4- 3, 37.13-4-7, 37.13-4-1, 37.13-3-32), CATAWBA MAGISTERIAL DISTRICT WHEREAS, the City of Roanoke (North Lakes) has filed a petition to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1, 37.13-4-3, 37.13-4-7, 37.13-4-1, 37.13-3-32) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 the City of Roanoke (North Lakes) to construct a regional storm water management basin (utility services, major) located 300 feet southeast of the terminus of Candlelight Circle (Tax Map Nos. 37.17-1-2, 37.13-4-3.1, 37.13-4-3, 37.13-4-7, 37.13-4-1, 37.13-3-32) in the Catawba Magisterial C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\NORTHLAK.WPD 1 S-~ District is substantially in accord with the adopted 1985 Comprehensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (1) No screening and buffering shall be required around the entire perimeter of the basin site. 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\NORTHLAK.WPD 2 ~~~ October 27, 1997 Roanoke County Board of Supervisors: We, residents of North Lakes subdivision with homes on North Spring Drive, have recently learned that Roanoke County has plans to build a cul-de-sac at the end of North Spring Drive. During the past year we have seen hundreds of mature trees removed due to the construction of new homes in the adjacent Nicholas Hills subdivision. For years many of us had enjoyed the beauty of this wooded area and for most of us, these trees added to the appeal of this neighborhood, influencing our decisions to purchase our homes here. With the construction of the cul-de-sac and the detention pond we will lose many of the trees that are still standing at the end of our street. We would like Roanoke County and VDOT to seriously consider putting a "vegetative island" which would include a stand of mature Sycamore trees in the middle of the cul-de-sac. If we could save these mature Sycamores, we believe the "view-shed" would not be as compromised. Please PLAN to save as many of our trees as possible. We feel that the removal of each mature tree may possibly affect the resale potential of our homes and ruin what is left of the view we have enjoyed. Sincerely, Residents of North Spring Drive i1 ~ ~ r. ,, ~~~ ~``~ f{ ~ c~ / { `~/~ /~> ~ ~ .~ ~ f ~ ~ ~. <x' L,1 /, ~, ~ .~ /`,;~ti ~c..___.~' ~~,~. '~..~~2~1 ~~ l ~~~ /l/ J~'- cal ,~t~~-'ll ~, ( ,f -- c/~ 1 Good evening Mr. Chairman, Supervisor Harrison, Board of Supervisors, Mr. Hodge. My name is William H. Overstreet, I live at 4~3 0 N. Spring Dr. in Roanoke County. I come to talk with you this evening about the Special Use permit requested by Roanoke City to build a Retention Pond on the lower section of North Lakes. I am glad that the city listen to the citizens on North Spring Dr. and found another entrance to get to the Retention Pond. Again, we not mind the pond, we just felt since this is their project, they need to come in off of Peters Creek Road instead of North Spring Dr. I am also glad to see that there will be fencing around this pond to protect the kids, from getting hurt. I do know that the City will not put in a Culled Sack, it will be up to the County to do this, and this Culled Sack is needed for Services Vehicles like the One Arm Bandit, who for now has to make a 4 point turn around to start on the other side of the street to pick up trash, UPS, Grand Piano, Rental Trucks, etc, use driveways to turn around. The State or a Contractor employed by the State to push snow has to back up to Wippledale after making the first swipe and either push the snow on the other side of the street to the dead end and back up again, or he would turn around at Wippledale and back down the street to push the snow coming out from the dead end. f This is a accident waiting to happen, and a hazard while the driver can not see directly behind the truck, but rely on side mirrors to back up, and while looking at one mirror, a child could try to cross the street, from the oppitsit mirror driver looking at, fall and the driver wound not see him or her. We need the Culled Sack. I was told that George Simpson was looking at some funding areas for this, and I would like to request a proper if I can, to request the County to build a Vegetation Culled Sack while at the same time City will be working on the Storm Water Drain System, to eliminate have equipment down the street on 2 different occasion. The Second Proper I would like to request is the county put in Spruce Pine trees to block or buffer the location of the storm drain after it is finish, and were Wayne Ayers property ends and meets North Spring Dr. to cover a area large enough for either motorcycles or 4 Wheels Drive vehicles that might want to cut through. ~'y I have a tape here that I like for all of you see on what tie of water problem we leer on North Spring Dr. ~~~. N~~~ In 1994, the flooding that occurred on this street is when 3 to 4 inches of rain fell in a 1 hour time frame, and now you will see Roanoke River #2 on North Spring Dr. We are the lowest oin in this subdivision, where we get water from both sides of Wippledale and both sides of North Lakes Dr., and even water from upper section of North Spring Dr., which across N. Lakes and Wippledale. We also have a problem with this much rain or less than this, that floods into the sewer lines and backs up into basements of at least 2 home, one at the intersection of Wippledale and N. Spring Dr. and the other next to that house on N. Spring Dr. They both need Backflow valves installed in the home because we feel with what Gary Johnson Dept. has done correct this, it will not help their problem, with the water run off on N. Spring Dr. now. In reference to a blackflow value, I heard that a person had the same problem, with sewer back up in their basement, in the Montclair section that had a flooding problem. this summer, the county was there the next day after the flood to put a value in for them, looks like the county would do the same for these two people on North Spring Dr., one person has even stated that he would maintain it after the County stalled it, and Mr. Harrison and I were told that too. We like to put this on record that we have a problem on North Spring Dr. ref. to flooding, the county need to look at this problem and take some kind of action to correct this. We feel or at least or I feel that if this pond fills up, it will possibly back up on our street because of the problem we have now, and this pond could cause us more problems. It may not, but we want this on record in case it does. Also For the record, if any building of new homes occurred on the back side of North Side H.S. that the county engineer's will need to look at that area, and make sure that the water run off will not effect N. Spring DR, because as you saw on the tape we do have a problem with hard rain storms and we do not need any more run off of water from any where. Thank you for listen and watching the tape and if there are any question, I will be glad to answering them. Illllllllllilllliilliiilllllillllllilillilllllllilllllllllillllllillllllllllllilllllllllllillillllllllilllllillllillitlilllllll~,- ,_ _ s ~ ~~ /-~ ~ *~ S ~_ AGENDA ITEM NO. ~~ ,_ ,._ APPE CE REQUEST :__ __ .PUBLIC HEARING ORDINANCE CITIZENS COMMENTS .~ .- = SUBJECT: ~ ~~ _~ ~ ~ ; ~ I e U ~~ ~c ~? rn ,, 1,T ~ll..,L ~~~ o I would like the Chairman of the Board of Supervisors to recognize me during the ,= meeting on the above matter so that I may comment. s WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS :. FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED -= BELOW: _ ~-- -- v ~ e Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will ~° decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to = do otherwise. - _~ s ~ i ^ Speaker will be limited to a presentation of their point of view only. Questions of clarification may be entertained by the Chairman. ~- -. ^ All comments must be directed. to the Board. Debate between a recognized speaker and audience members is not allowed. ® a ~~ a ^ Both speakers and the audience will exercise courtesy at all times. -- ^ Speakers are requested to leave any written statements and/or comments -' s with the clerk. _ e INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP = SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. s ~ ~ a~ ~~ ~~ .~ s ~ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK -- -- i ~ ~ ~~ ~ O ~~ a~ ~ s ~ a. ~ a~ ~ ~~ ~~ 1_ ~ - ti~ ~~ ~lttlllllittltltllllilllilllllilllilllllll lllllltlllltlltllll111111111Illiillllllltlillillllfllllltllilllt11111111111111111t1111~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE RbANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-18 TO CHANGE THE ZONING CLASSIFICATION OF A 2.044-ACRE TRACT OF REAL ESTATE LOCATED AT 3743 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.3 AND 50.01-1-2.5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JACK F. WALROND, JR. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.044 acres, as described herein, and located at 3743 Challenger Avenue, (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, to the zoning classification of C-2, General Commercial District. 2. That the conditions imposed upon the 1987 rezoning of a certain tract of real estate containing 2.044 acres and located at 3743 Challenger Avenue (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the Hollins Magisterial District, are hereby REMOVED as follows: 1 f (1) All fuel storage within the distribution facilities will be underground, providing bottom loading service only. Tanks are to be buff hide-steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2) All truck storage areas as relates to Walrond Oil Company are to be screened from view from adjacent property owners, by landscaping, earth berm, fence or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to concept plans and architectural description. (5) Walrond Oil Company, Inc. complex will be contained within B-2 and B-3 zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park. (7) B-3 zoning to be restricted to permitted uses under Section 21-23-2 of the Roanoke County Zoning Ordinance -update August 4, 1986, to users defined under Paragraph 1 and 3. (8) B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County Zoning Ordinance -update August 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and public dance halls. (9) M-1 zoning to exclude the following uses as set forth under Section 21-24-1 of the Roanoke County Zoning Ordinance -update August 4, 1986, automotive 2 repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, flea markets and mini-warehouses. (10) A 35-foot buffer strip shall be maintained between light industrial and adjacent Residential and Agricultural Districts. Buffers which abut residential home sites shall be planted with evergreen trees, interspersed with deciduous trees as set forth in Section 21-92, General Standards, Subsection E, F, G of the Screening and Buffering ordinance of Roanoke County, as now adopted or as may hereafter be amended. (11) Middle curb cut to Lot 2 will provide vehicle entrance only from Route 460. (12) Lot #3 and #4 shall provide for shared access to the curb cut on Route 460. 3. That this action is taken upon the application of Jack F. Walrond, Jr. 4. That said real estate is more fully described as follows: Starting at a point in the easterly right-of-way of U.S. Route 460 East, said point being the northeasterly corner of Lot 3 and the southwesterly corner of New Lot 2B as shown on Survey for Jack Walrond prepared by T. P. Parker & Son, dated March 31, 1988, a copy of which is attached, which point is the Point of Beginning; thence N. 35° 20' 19" E. 5.95 feet to a concrete monument in the easterly right-of-way of U. S. Route 460; thence N. 40° 23' 27" E. 296.91 feet to a point, said point being at the intersection of the easterly right-of-way of U.S. Route 460 and the southerly right-of-way of a 50' access road; thence leaving U.S. Route 460 and with the southerly line of said access road, S. 51 ° 34' 33" E. 291.45 feet to a point; thence leaving the said 50 foot access road, S. 38° 21' 11" W. 300 feet to a point; thence N. 51° 34' 33" W. 301.60 feet to the Point of Beginning, containing 2.044 acres and being designated as New Lot 2A and New Lot 26. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed 3 to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance removing the original conditions, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: •.~b! Q.~.~-L~.J Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 ..\ / is ~(4Y~^ a ~ I _ ~~.\ ~ ~V I ~ 14T \ • i .rxlo -~oT s~ .~,Ty_....~:." V1C1?~fTY ~riAP -~ F ~ JNUFY TX;N._. _ . cw* i r~ 0 ~ c ;; .~ r ~~ ~ < ~~ ~ ~ 1 ~ ~ ~--~. / / ~, .. / ` ~; l ~ ~..~ .~ / C ~. ~-'~ } ~ \~ ..... \~ /.._ x.14 LL T ~- / - / G, T J -- -- ~ ., -.; ~ - o zI F 7 ~I `` / ,t: C~ ~.,~ ..~. ~~,. c;,y c~Ty ~oF o/ D~AR'I:~i'r OF PLAHNIl~ Pc'-I"l770.tJCR; ;,. AID ZONING ~ i fix' tifAP ~' ~ ~QUcSi tel: a //1T 9 3 Si LO^,1~ I6.4 1.~ ~ _~ ~- REMOVE CONDITIONS J: ' ~~ %: -lam :.C .' PETITIONER: JACK WALROND CASE NUMBER: 42-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Jack F. Walrond Jr. to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building, located at 3743 Challenger Avenue, Hollins Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION None. D. PROFFERED CONDITIONS None. E. COMMISSION ACTION(S) Mr. Ross moved to recommend approval of the petition with proffered conditions. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report Other i Terrance Harrin n, Secr ary `~" Roanoke Cou y Plann' g Commission STAFF REPORT David Holladay '~ PETITIONER: Jack F. Walrond, Jr. PREPARED BY: CASE NUMBER: 42-10/97 DATE: PART I A. EXECUTIVE SUMMARY 10/7/97 Jack F. Walrond is requesting to remove proffered conditions on property at 3743 Challenger Avenue, in order to construct a small office building. In 1987, the conditions were proffered during rezoning of the property for the Perimeter East Commerce Park. The site has been developed in conformance with the proffered conditions, and the original intent of the proffers has been achieved. The proffers are no longer necessary due to development of the site, and due to changes in the zoning ordinance in 1992. In addition, the same proffers have already been removed from adjoining industrial and commercial parcels. The proposal conforms generally with the policies and guidelines of the Transition land use designation of the Roanoke County Comprehensive Plan. B. DESCRIPTION Jack F. Walrond is requesting to eliminate all proffered conditions placed on the property in March 1987. The purpose of the request is to remove unnecessary or obsolete proffers, and to allow a new 672 square foot office building to be constructed. The proposed office building would be constructed on the same lot as the Texaco service station and convenience store, located at 3743 Challenger Avenue, in the Hollins Magisterial District. C. APPLICABLE REGULATIONS Site plan review will be required. No new entrances are proposed PART II A. ANALYSIS OF EXISTING CONDITIONS Back_ ound -In 1987 this property was rezoned to C2 with conditions as part of the proposed 14.29 acre Perimeter East Commerce Park, a mixed commercial and light industrial park. Of the 11 lots originally proposed in the park, only the petitioner's property had a detailed site plan with a specific use proposed. Because of the speculative nature of the rezoning, numerous conditions were proffered by the developer, Walrond Oil Company. The proffers prohibited some uses, restricted access, and established performance and design standards for any new development. The proffers also directed the development of the Walrond Oil Company offices and adjacent Texaco convenience store, car wash, and fuel distribution station. Some of the proffers applied only to the industrial-zoned portions of the park, but were still attached to each commercial parcel. A list of the proffers is attached at the end of this report. Since 1987, all the commercial frontage properties ~of the Perimeter East project have been ' developed. The petitioner's property was developed'in conformance with the proffered conditions. • The intent of the conditions associated with the convenience store and fueling station appears to have been met. In 1992, the same proffers were removed from the adjacent property to the west, in order to construct the Advance Auto store. In 1996, the Bank of Botetourt was developed under the restrictions of the proffers. The adjoining industrial-zoned portion of the Perimeter East project is owned by Davis H. Elliot, and remains vacant. In 1994, the proffers were also removed from the Elliot property. Surrounding Neighborhood -Property to the northeast, on the corner of Challenger Avenue and Trail Drive is zoned C2C, and has been developed as the Bank of Botetourt. Adjacent property to the southeast is zoned I1 and is vacant. Adjacent property to the southwest is zoned C2 and contains an Advance Auto store. Frontage properties across Challenger Avenue are zoned C2 and contain single family residences. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The petitioner proposes to construct a 672 square foot office building to be located in a grass area between the existing convenience store and the car wash. No parking spaces or travel aisles would be lost as a result of the construction. The 672 square foot office would require only 3 parking spaces, all of which currently exist on the site as surplus parking. Access -Access would continue via existing entrances from Challenger Avenue and Trail Drive. No new entrances are proposed for this development. Anew entrance to this development from Challenger Avenue would require a minimum separation of 500 feet from the existing entrance. Traffic Circulation - 1996 VDOT average daily traffic counts for Challenger Avenue were 29,000 vehicles per day. Additional traffic from the proposed small office would be insignificant. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The proposal conforms generally with the Transition land use designation of the Roanoke County Comprehensive Plan. Offices are encouraged in the transition areas, especially in groups of buildings which share access and parking. D. CONFORMAi~1CE WITH COUNTY DEVELOPMENT STAi~IDARDS The site appears to have ample space for the proposal to conform with all applicable development standards. PART III A. STAFF CONCLUSIONS Staff supports this request to eliminate all of the proffered conditions on the petitioner's property. The site has been developed in conformance with the proffered conditions, and the original intent of the proffers has been achieved..Some of the proffers are no longer necessary due to changes in the zoning ordinance. Other proffers are not applicable to the commercial property. In addition, the same proffers have already been removed from adjoining industrial and commercial parcels. ' PROFFER OF CONDITIONS ~ ~ f - ( ~„„. (1) All fuel storage within the distribution facilities will be underground, providing bottom loading service only. Tanks are to be buff hide-steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2)~__ AlI truck storage areas as relates to Walrond Oil company 'are to be screened from vie~.v from adjacent property owners, by landscaping, earth berm, fe.zce or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to concept plans and architectural description. (5) Walrond Oi..l Company, Inc. complex will be contained within B-2 and B-~ zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter-East Cor~anerce Park. (7) B-3 zoning to be restricted to .permitted uses under-Section 21-23-3 of the Roanoke County. Zoning. Ordinance - update August 4, 1986, to users defined under Paragraph 1 and 3. (g} B-2 zoning to exclude the following uses as set forth under Section 2].-23-2 of the Roanoke County Zoning Ordinance update P_ugust 4, 1986, public billiard_parlor and poolrooms, co_. driving range, flea markets and public dance halls. (9) M-1 zoning to exclude the following uses as set forth ur.ce.- Section 21-24-1 of the Roano'~ce County Zoning Ordinance - update August 4, 1986, automotive repair, overha~~ling or service requiring outside storage of disabled vehicles, kennels :•:it exterior runs or yards, flea markets and mini-warehouses. (10) A 35 foot buffer strip shall be maintained between Licht industrial and adjacent Residential and Agricultural Distric~s. Buffers which abut residential home sites shall be plane with Evergreen trees, interspersed with deciduous trees as set forth in Section 21-92 General standards, Subsection ~, .- F, G of the Screening and Buffering ordinance of the Count•~~ of Roanoke, as now adopted or as may hereafter be amended. (11) Middle curb cut to Lot 2 will _~rovide for-~_v_ehic_le._ entrance_ ~_I o n l y f r om Rout e 4 6 0. - t- - -- - _---~-- ~----~-~--.-- _ (12) Lot r3 and tt4 shall provide for shared access to the curb cut on Route 460. ~. Owner's name: Same Address: COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING .520': Bernard t~r.~ . P.O. Box 29800 Roanoke, VA 24018 ( 540 772-2068 P%, (540) 772-21 08 Location of propery:Chailenger Avenue Off of Route 460 E. For staff use only dater v received by• , applicatio f : ,fi , PCrcZ.+ dz:'a• id slued: placards 805 case: Case Number: ,~ / ' ~ . ~L~~~'~ ip Code; Tax Map Number: 50.01-1-2.3 ~ 2.5 ~.iagisterial District: Hollins Community Planning Area: gonsack Size of parcel (s): Existing Zoning: C-2-Conditional 2.044 acres Existing Land Use: Gas Station and Office sq.ft. .:;.....~:^ ...:.r~ .::::::::::::::: S i!- . ~..: :.:. ... J .::~ t~ ~ .::• : •.:..:~~~ ~-::::.• . • ...... Proposed Zoning: C-2 (remove conditions) ~{~r•sra,~;"us2Cr:r;~ Proposed Land Use: Any use per C-2 zoning 1~ use Type: DOeS tn2 parcel meet Lhe minlmUm IOi area, ':~~ ;:`•, end frontage regUlfements Oi tn2 regUeSteC C:S;':C;? YES g NO IF NO, A `.'~.,=;~.~~CE IS REQUIRED FircST. Dces the parcel meet the minimum criteria ;cr ;-__ requested Use Type? YFS ~ NO IF N0, A VARIr,~VCF IS REQUI;=IFD FIRST. If feZOninQ rBrUeSt. art COndltiOnS C2tnQ GrC:.c"=- 'wiih t:',i5 re~UeSt? YES iV~'1 .~'.~:'~5~.-~~~~.':.c •'~_~'iiii''i-~=i~iiiii5~i'? i'~'ii`:SiE~;ii'5i'iSiiiiiiiii5''i'' ii iiiiii i~i i is ;__::;as!:i ~~ ' '~ ~, Variance of Section(s) of the Roanok=_ County Zoning Ordinance i.. _, ~_. ;o: Is the application complete? Please check if er:c.cs2d. APPLICATIGN ~/ILL N'OT SE ACCEPTED 1= A~~:Y OF THESE ITEMS ARE fviISSING OR INCOMPLETc. ~. nrs v ws v ws v % Consultation % 8 1 /2" x i i " concept plan g Application fee" ~;:~ff Application ~ Metes and bounds description Proffers, if applicacle ,: g Justification ' ^" Water and savver application Adjoining propery owners l hereby certify that / am ei the o.~~ner o/ the property or the owner's agent or contract purchaser and am acting with the know/ dge nd c se/nt f t:: owner. ~,/ O~~~ner's Signature: d ? CT ~ ~ t'~ ~ ~-~ ~~'~ • • MAGEE, FOSTER,'GOLDS'I EIN & SAYERS ~~ A P R O F E S S I O N A L C O R P O R A T I O N „ 37 West Church Avenue, Suite 1200 • P.O. Box 404 • Roanoke, Vuginia 24003-0404 (540) 343-9800 • Telecopier (540) 343-9898 ~ E-Mail: lawmfgs®gnn.com August 22, 1997 HAND-DELIVERED The County of Roanoke Department of Planning and Zoning 5204 Bernard Drive P.O. Box 29800 Roanoke, VA 24018 RE: Rezoning Application for Jack F. Walrond, Jr. • Dear Sir or Madam: Please find attached an Application filed on behalf of Jack F . Walrond, Jr. for the rezoning of New Lot 2 A and New Lot 2 B from C-2 Conditional to C-2. I have also attached a Concept Plan for the proposed new office building, a metes and bounds description, the proffers and a list of adjoining property owners. Also enclosed is a check in the amount of $1,041.00 to cover all applicable filing fees. I would appreciate your putting trlis application on the docket for the next Planning Commission hearir_c which is October 7, 1997. r If you have any questions or if I may be of any further assistance, please do not hesitate to ask. Y s very truly, ~ ~~ r ~/ Richard R. Sayers • RRS\dak Enclosures cc: Jack F. Walrond, Jr. r.s\Walrond\County.ll ATTORNEYS 6~ COUNSELORS AT LAW For SlaH Use On/y: Case Numbcr ~" :;::;::: ~ :::::::::::::.::::::::::E;:::;:i::;:::::::::::::E:::i-::::::;:;:;:;:;::; 1;::;:;:: ~ '. `E'~"`~;-~''~~~~~` ~~~~:~'~i~i~i~~:~:~~~.~i~iasis i. is ~: ~: ~: icant Jack F. Walrond, Jr. i i'le Planning Commission will study rezoning and sYecial use permit requests to determine the need an:: justification for the change in terms of public heal;;, safety, and general welfare. Please answer the fciic•.•:ing questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as ;~:__ purpose found a: the beginning of the applicable zcr,ir~g district classification in the zoning ordinance. This rezoning would eliminate unnecessary restrictions on the property which were proffered prior to the adoption of the new zoning ordinance in 1992. The restrictions now discourage economic development activities which promote desirable employment and enlargement of the tag base. The property was zoned C-2 in 1992 by Roanoke County. The new ordinance supplants the old restrictions Therefore, removal of the proffers will enhance compliance with the current C-2 district. se explain how the project conforms to the ce:._ral guid=_lines and policies contained in the ftoar,c:~e :.our,ry ~prehensive Plan. The property was orginally zoned B-2 and B-3 with the proffers. When the county adoopted the new zoning ordnance in 1992, the property was zoned C-2. The proffers are now unnecessary because the new C-2 ordinance addresses these requirements. Please describe the impact(s) of the request on th~~ rr~per`y itself, the adjcir,ing ~roperies, and the sur:c::ndir:g ar=_a, as well as the impacts on public services anc f_ciiities, including water/se'r~er, roads, schools, parks/recreation; and fire/rescue. The property is currently restricted by proffers made obsolete by the new zoning ordinance. Removing the proffers will have min~mal effect, if any, on adjoining properties, the surrounding areas and existing utilities and services. -_ • ,~ ~ PRIVATE 15' SAI~IITAFZY Sf=WEL2 EASEMEI.IT ~~i O -~- O N 40 ° 30' 2~1" E i 13 I . l t' ~ ' y,L OB -- cO iJ 85° 0'1' ICv" E~ coa.7o' ~~ ` CO---OO 5 52°04' SCo" Ei 42.29' 0--~-OE I.l B2° 55' Oa" E , 5."i 1' ~~ OE ---0 N 38° 25' 2Z" E, 5 i.Og' ~~i ~-`~ 5 SI°3d'33" E~ 3o.2Cc' 3 50' R/W • 2.CoT' l S S I° 3A' 33" E - 29 1.45' ' PIN 2~;~ ~^.~• I 5ET in F I G ) V j.00 ~Q V 0 . CY ~ W Y Z Q K O i 1 CONC. ~ MoN . U 35° 20' l~l" E - 5.9 S' -9 -tit 51 ° 3= ' 33" W r LOT 3 1~ u u~t e. cAl.o~ll. Na 1335 ~ i~'1'D .,,:~'.~ NEW N ~ I PtN N LOT ZA GONC. = SET ' Q ~.. N^W PUPS _ - S.aNITAFCY _/ 15.1 CONC. SEWErT / ~ D 'o E3M'T / / ~ / CI IJDER m ~~ 3 ~ ~ ' ' , ~ / •. o I.. d• ~9 - BLOCK GiR w, K ( WASH le' ~ 1. I - ~ N ~ I ~ CINDER BLDC3~ ~ N 41.2' BUILDING ~ r h ° I I ~ I '~I ~ m NEW ,~`!~ ~ coNC. ~I I Irk L I N E5 I/ U~ 123.4' 1 W w9 2 2O`I•'~ '. i N S I° 34' 33" W PIN VV r- V~ N 53Ca°51'44"W ~ 6ET, N ~'^ ~ 33'SG~' I I oRIG I UAL LoT 2 N z (~1 I I I 2-OV4 ~.C. 0 to 3 m ~ ~ Q '3 0 ;P V4.4' ' nz.a' N EW Z ~ ~ zJ CINDER BL~.X LOT ZB m r' OFFICE BL1, p 1.108 ~ d' .9 AC. 2 .~ \ dO.i4' Z + 102.0• 3o I .coo' PIN SET PINS ~3~.~j SET THIS PLAT 02 SUBDI'{ISIC:: IS SUOJECT TO INPORMATIOti ::RICH MAY BE DISCLOSED 8Y ,. ____: REPORT. BY A LICENSED ATTOR`iEY. OLD PtN 3 0 0 =. }' ~ N O N ~ ~O m~ oQ~ N ~ 3a 1 (L ~ YN U m ~ Qa W iY OLO PtN APPROVED: AGENT ROANOKE COUC7TY PGA;fC7ING COMMISSION DATE SURVEY FOR JACK WALROND SNOWINCs' -THE REDIVISIOI.1 OP LOT 2, PERIMETEfZ E~.ST COMMERCE CEI.]TERI P}-{ASE = P.B. 10, PCz. 113 AND CREATI}~1G I.IEW LOT 2.A(O_g3Co ~.G.) A}~1D UEW REYISEO: JULIE 0, 1g8g --IOLLI{.15 MAGISTERIAL DISTRICT T° SHOW IS' S.S.E. ~ SIC,1,1 _ SZUAF1o1Gl= couNT`f VIRGINIA sY: T. P. PARKER & SON SCALE: t'^ Co0' D.A.P. oATE: MARCH 31 ENGINEERS 8. SURVEYORS , ITD. 19 SALEA~ VIRGINIA W.O. ~!$'040~ p_ 4 2. ,~ PROFFER OF CONDITIONS 3~ 7-y (1) All fuel storage within. the distribution facilities will be underground, providing bottom loading service only. Tanks .. are to be buff hide-steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2) R11 truck storage areas as relates to Walrond Oil Company are to be screened from vie~.~ from adjacent property owners, by landscaping, earth berm, f~:~ce or combination. (3 ) Retail facilities to be of si:<<i lar design to Te:<aco 2000 Outlet. Landscaping per concept plan. (~) Office design-to be in substantial conformity to concep t plans and architectural description. r ~ } tda t rond Oi..1 Company, Inc . co:<<olex will be contained ldi thin _ II-2 and II-~ zoned areas as set forth on the concept plan. (6} Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park_ (r) B-3 zoning to be restricted to .permitted uses under-Sectien 21-23-3 of the Roanoke County. Zoning Ordinance - update August 4, 1986, to users defined under Paragraph 1 ar.d 3. (5) B-2 zoning to e:cclude the following uses as set forth under Section 21-23-2 of the Roane:ce County Zoning Ordinance undat~ Pugust 4, 1986, public b=~~iard .parlor and poolrooms, got= driving range, flea markets ana public dance Halls. (~) M-1 ZOning t0 exclude the .C!lOWing u5e5 aS Set LOrth llnd=' .c_,eCt10R 21-24-1 OL theIZOa_^_C'.c= COUI'ity Zoning Or~'+i nanC° - uDCaL.~ Aucrust 4, 1986, automotive repair, OVerhaul?ng or SerV'C=. requi rinc outside storage of disabled vehicles, kennels ~•:~ t`: exterior runs or yards, flea .~.`rkets and mini-'.pare:^.ouses . ;~;' ) ~ 3~ ~UCt buffer Strlp Snal1 be ma? nta_nea between 1 i C.'' _ ? ncustr_al and adjacent Res_ce..~? al ana Ag:.~ cultural Drstr_C~~ . Buffers '~+h1Ch abLlt res'-Ce-t_=_ home 51te5 Shall ce plant=C W'_tn ~VerCr@en tie@S, 1:1terS~=rSeC. W1 t)1 CcC;CUOUS tie°_5 ._~ set forth in Section 21-92 General standards, Subsection -, • F, C Of the Screening anc ~~=Lering ordnance oL the COUnt_'•' Of ROdnO~:C', dS HOW adopted Cr a5 maY hereafter be amended. (11 ) P1icdle curb cut to Lot 2 will rovide_ for . vehicle ~ entrance - -p ----- -- - -- ------ -- - only from Route 460. --•- --- r"•~-~".~_ .-- (12) Lot r3 and n4 shal- provide for shared access to the curb cut on Route 460. • %~ is a+o G~~„ ~ o ! I 3 - ~ . ~ ~ ~ ~ ~~ ~ -moo :_,a,~s~.,FYaT.~NTy~~-.:.,..' V1CI~ITY ~~-iA~ . }.~ ~ 4 ~ „ ~y ~~~ `~ --_l c;,y c~Ty ~oF L -/c / I~ f :GL~ :.t c_:~~ ~~~ a 1 St ~ °'" Pc~1"l770A1CR," UHI,K F-. W~ILKUN - Dr"3ART~ ~T of P~.ArrN~ . ~ :_ 50.01-1- 2.3 & 2 ..S _ '" AND ZONING .. "~'~ 'SAP `' REMOVE CONDITIONS - - •- i~ '~> ~ i ~~ _ i C ; :\ ~'' / \ ' O `C` / .~ 4 /~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 2.044-ACRE TRACT OF REAL ESTATE LOCATED AT 3743 CHALLENGER AVENUE (TAX MAP NOS. 50.01-1-2.3 AND 50.01-1-2.5) IN THE HOLLINS MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF C-2, CONDITIONAL, TO THE ZONING CLASSIFICATION OF C-2, UPON THE APPLICATION OF JACK F. WALROND, JR. S- r( WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 2.044 acres, as described herein, and located at 3743 Challenger Avenue, (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5 ) in the Hollins Magisterial District, is hereby changed from the zoning classification of C-2, Conditional, General Commercial District, to the zoning classification of C-2, General Commercial District. 2. That the conditions imposed upon the 1987 rezoning of a certain tract of real estate containing 2.044 acres and located at 3743 Challenger Avenue (Tax Map Numbers 50.01-1-2.3 and 50.01-1-2.5) in the C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WALROND.FRM 1 S-7 Hollins Magisterial District, are hereby REMOVFsD as follows: (1) All fuel storage within the distribution facilities will be underground, providing bottom loading service only. Tanks are to be buff hide-steel with fiberglass sealer. All corners of the storage areas are to be monitored with seepage detectors. (2) All truck storage areas as relates to Walrond Oil Company are to be screened from view from adjacent property owners, by landscaping, earth berm, fence or combination. (3) Retail facilities to be of similar design to Texaco 2000 Outlet. Landscaping per concept plan. (4) Office design to be in substantial conformity to concept plans and architectural description. (5) Walrond Oil Company, Inc. complex will be contained within B-2 and B-3 zoned areas as set forth on the concept plan. (6) Development of the entire tract will be within restrictions as proposed for Perimeter-East Commerce Park. (7) B-3 zoning to be restricted to permitted uses under Section 21-23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, to users defined under Paragraph 1 and 3. (8) B-2 zoning to exclude the following uses as set forth under Section 21-23-2 of the Roanoke County Zoning Ordinance - update August 4, 1986, public billiard parlor and poolrooms, golf driving range, flea markets and public dance halls. (9) M-1 zoning to exclude the following uses as set forth C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WALROND.FRM 2 S- 7 under Section 21-24-1 of the Roanoke County Zoning Ordinance - update August 4, 1986, automotive repair, overhauling or service requiring outside storage of disabled vehicles, kennels with exterior runs or yards, flea markets and mini-warehouses. (10) A 35-foot buffer strip shall be maintained between light industrial and adjacent Residential and Agricultural Districts. Buffers which abut residential home sites shall be planted with evergreen trees, interspersed with deciduous trees as set forth in Section 21-92, General Standards, Subsection E, F, G of the Screening and Buffering ordinance of Roanoke County, as now adopted or as may hereafter be amended. (11) Middle curb cut to Lot 2 will provide vehicle entrance only from Route 460. (12) Lot #3 and #4 shall provide for shared access to the curb cut on Route 460. 3. That this action is taken upon the application of Jack F. Walrond, Jr. 4. That said real estate is more fully described as follows: Starting at a point in the easterly right-of-way of U.S. Route 460 East, said point being the northeasterly corner of Lot 3 and the southwesterly corner of New Lot 2B as shown on Survey for Jack Walrond prepared by T. P. Parker & Son, dated March 31, 1988, a copy of which is attached, which point is the Point of Beginning; thence N. 35° 20' 19" E. 5.95 feet to a concrete monument in the easterly right-of-way of U. S. Route 460; thence N. 40° 23' 27" E. 296.91 feet to a point, said point being at the intersection of the easterly right-of-way of U.S. Route 460 and the southerly right-of- way of a 50' access road; thence leaving U.S. Route 460 and with the southerly line of said access road, S. 51° 34' 33" E. 291.45 feet to a point; thence leaving the said 50 foot access road, S. 38° 21' 11" W. 300 feet to a point; thence N. 51° 34' 33" W. 301.60 feet to the Point of Beginning, containing 2.044 acres and being designated C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WALROND.FRM 3 ~~ as New Lot 2A and New Lot 2B. 5. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\WALROND.FRM 4 ~* AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-19 TO CHANGE THE ZONING CLASSIFICATION OF A 22-ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 220 AND VALLEY AVENUE (TAX MAP NO. 87.08-1-VARIOUS) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-3, C-2C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF LOWE'S COMPANIES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22 acres, as described herein, and located on Route 220 and Valley Avenue (Tax Map Numbers 87.08-1-VARIOUS) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, R-3, C-2C, Low Density Residential District, Medium Density Residential District, General Commercial District (Conditional), to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Lowe's Companies, Inc. 3. That the Petitioner, who is the contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of 1 Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. Except that Lowe's will flip the location of the garden center and the truck loading docks to the northern property area of the proposed project. (2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of--way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 00° 53' 06", a chord of 86.79 feet bearing S. 17° 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 17° 12' 43" E. 266.43 feet to a point; thence S. 59° 16' 34" W. 33.60 feet to a point; thence S. 30° 2 43' 26" E. 20.00 feet to a point; thence, S. 17° 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 59° 57' 51" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of--way of Washington Road and the line of Leo, Inc. N. 29° 17' 28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jemigan N. 29° 17' 30" W. 466.32 feet to a point; thence N. 64° 20' 39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jernigan N. 28° 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jernigan N. 82° 40' 36" W. 275.75 feet to an iron rod found; thence N. 75° 52' 47" W. 140.97 feet to an iron rod found, comer to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 65° 59' 50" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. 14° 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 24° 28' 26" E. 25.00 feet to a point in the southern right-of-way line of Valley Avenue; thence with said right-of-way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 16° 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 73° 34' 51" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effect thirty (30) days after Lowe's Companies, Inc. becomes the fee simple owner of the entire 21.686 acre tract described above. 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. On motion of Supervisor Minnix to adopt the ordinance with condition #1 amended, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3 Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 ~`~,/ / / Sri /1 -:YA &.ruo.. c,acvr Y -~~" ^'~`~' ~J• tl ~ •~c..•m tE.u v, Lx ~ r-;• T:r~'i,.: AOi~ /,'•-;weEUyut'[~~,t•+r5-"..1,,. 419 tea,^~ a ""` ~' -' ° 5 _„ 'J.vxt ' r rJ'. . • .~e~ .~, 0. i , z .. ,,,_- '~'~ ..1 9tt. ; :•~~'~~,~4~ r '} '1`oy rr.w ~w " " Cvv~ 1`~:~nrw-; L. :~r.l~<ni„ t~S,a ~, .r qy• ~ -~'~Y,a q'-'O~ ~o l . ~ ~li.r.'~ Aga / ~ ~ •: l- ~,..ur ~'.`+~ ti/! ,, ~ ~~~~~:.,,,,~ nor, • \y ~ 04'. ."' I. r AS7OR AV. Y~.:::'r •n~. r.•'f.'. ` 4i:r ~ ~ ~~, ~~~ ~: '. `~ ~7'r o . EoEty,E S7 h~si~ n•.:.n~: r..P if .r:::~1 f., c f.4 AV 1':Y ~C~ ....----- "Y-IC~lfY~1'I' -'1Y1"AY i~ V~~" t \ / r~ ~• V ..r \ q !!r i.1 '.~ .. ~ `~ i ~' ~. ~! ~ rr. • ., .. ,. . -; y" C ~~~Q ~ ~~uc1 Q (~ p. ._ _... .~ >~ ®~Do ~. =;; ~•.- ~'1rG =2 •, n.. :~ :: . ,;_,~, a \'3 . ._ LOW~'S.COMPANIES INC. _ DEPP.RTM.~'T OF PLA.l~~tl~tG ~ ~R=T;R=3•&'•C-2C TO C-2 - ~,rrD zoNZVG 87.08-I- , :~ - • "„ - - - -~ ~-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-19 TO CHANGE THE ZONING CLASSIFICATION OF A 22-ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 220 AND VALLEY AVENUE (TAX MAP NO. 87.08-1-VARIOUS) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-3, C-2C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF LOWE'S COMPANIES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22 acres, as described herein, and located on Route 220 and Valley Avenue (Tax Map Numbers 87.08-1-VARIOUS) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, R-3, C-2C, Low Density Residential District, Medium Density Residential District, General Commercial District (Conditional), to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Lowe's Companies, Inc. 3. That the Petitioner, who is the contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. Except that Lowe's will flip the location of the garden center and the truck loading docks to the northern property area of the proposed project. (2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of--way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 00° 53' 06", a chord of 86.79 feet bearing S. 17° 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 17° 12' 43" E. 266.43 feet to a point; thence S. 59° 16' 34" W. 33.60 feet to a point; thence S. 30° 2 43' 26" E. 20.00 feet to a point; thence, S. 17° 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 59° 57' 51" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of--way of Washington Road and the line of Leo, Inc. N. 29° 17' 28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jernigan N. 29° 17' 30" W. 466.32 feet to a point; thence N. 64° 20' 39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jemigan N. 28° 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jemigan N. 82° 40' 36" W. 275.75 feet to an iron rod found; thence N. 75° 52' 47" W. 140.97 feet to an iron rod found, comer to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 65° 59' S0" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. 14° 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 24° 28' 26" E. 25.00 feet to a point in the southern right-of-way line of Valley Avenue; thence with said right-of-way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 16° 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 73° 34' 51" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effect thirty (30) days after Lowe's Companies, Inc. becomes the fee simple owner of the entire 21.686 acre tract described above. 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. On motion of Supervisor Minnix to adopt the ordinance with condition #1 amended, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: 3 ~'~-`~....Jd~ Q-e.1.~.~/ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Terry Harrington, Director, Planning & Zoning Arnold Covey, Director, Engineering & Inspections John W. Birckhead, Director, Real Estate Assessment Paul M. Mahoney, County Attorney 4 ~r/ / ~ 1. `• D ruw CW -i R%'h _ ~'"t"'N•i "Cii ~r~~P0 ~1 1. f h H /„~ ~ eEtnyw~,r~rs..: ~''f ° 419 •a: ~- 0. ^"` ..csc y '~. Tug i t _ "s~ ,JA~Xt _ e ;. M •~ ` .:1 a ,. ; .. ]~i}.-~.~4~~ ;`{yi ~y~ - rr.w r?`~G _~.~_ArNi~ I '~ \ cc nc..~~ ~' Oil g ~-i ~~ .ou / o ~ +$, X\I~ ^ ` o+~ • .pq.. ~ S ...] Der: +'wn \., ,r ~^ pd ~iI ~ ~.' ) fir .~ '• ~sL;,,.,rcY ~:' ~ ,'. o4"?O ~~~~ .ASiOR AV. Y'.:~t'i ~..'. N•:/'. G`~-r ~t ~i ~!`~ ~~'`~ r~r. ° EOECS.[RC`,'rst~~n:.r:.: •:r.,R~lj i~-6J'.-..: ~-, c° 'Yr.-~' ~ i~ .~ .~,~ ,~ r •r r -, ~ rl~ r, 1 .. ~~ ~- _' 3 s~ • LUWt ~ J .I,UI~lYNIV 1 CJ 1 IVI.. _ DEP.AR~T OF •PLANNZT'G - ~ • R=T;R=3 •&'• C-2C TO C-2 - arrD zoNZVG 87.08-1- . :? - (1) Petitioner Proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. Except that Lowe's will flip the location of the garden center and the truck loading docks to the northern property area of the proposed project. (2) Petitioner proffers that if any out parcel, that requires C-Z zoning, is proposed on the site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. i /~ ~~ / , Donald E. ~4inn, P.E. Site Assessment Manager Real Estate Department Lowe's Companies, Inc. October 28, 1997 _ ~, 10/28/97 ROANOKE COUNTY BOARD OF SUPERVISORS MEETING CHAIRMAN JOHNSON, BOARD OF SUPERVISORS, COUNTY ADMINISTRAOTR AND COUNTY ATTORNEY GOOD EVENING. MY NAME IS ALVIN NASH AND I LIVE AT 1627 LONNA DRIVE. I AM HERE REPRESENTING TOTAL ACTION AGAINST POVERTY, BLUE RIDGE HOUSING DEVELOPMENT CORPORATION AND THE COMMUNITY OF PINKARD COURT. ALTHOUGH TRAFFIC AND ECONOMIC IMPACT ARE IMPORTANT ISSUES, I WANT TO TAKE A COUPLE OF MINUTES TO REPOjZT TO YOU ON THE SOCIAL IMPACT AND THE DESTINY OF THIS NEIGHBORHOOD. IF YOU APPROVE THIS REQUEST THE ENTIRE PINKARD COURT COMMUNITY WILL BE REMOVED AND TRANSITIONED INTO OTHER AREAS OF THE ROANOKE VALLEY, MAINLY IN ROANOKE COUNTY. AS YOU KNOW WE OCCUPY THE OLD PINKARD COURT SCHOOL AND IN COOPERATION WITH THE COUNTY AND THE RESIDENTS OPERATE OUR HOUSING PROGRAM OUT OF THIS FACILITY. FROM THE VERY BEGINNING OF THIS PROJECT (IN FEBRUARY) OUR POSITION HAS ALWAYS BEEN THAT WE WILL SIGN AN OPTION TO SELL UNDER THE FOLLOWING CONDITIONS, AND I MIGHT ADD THAT THESE CONDITIONS ARE BEING MET OR HAVE BEEN MET: 1) THAT 99% OF THE PROPERTY OWNERS AND RESIDENTS AGREE TO SELL. 2) THAT THEY ARE PROVIDED ENOUGH ECONOMIC AND TECHNICAL ASSISTANCE TO PROPERLY TRANSITION THEIR HOMES TO OTHER PART'S OF THE COUNTY --- OR TO PUT IT ANOTHER WAY---THAT HISTORY NOT REPEAT ITSELF WITH REGARD TO URBAN REVITALIZATION OF THE SIXTIES IN OLD N.E. AND THE GAINSBORO COMMUNITY OF THE EIGHTIES. IN ORDER THAT HISTORY NOT REPEAT ITSELF, TWO THINGS HAVE TO HAPPEN. ONE, YOU MUST DO SOMETHING DIFFERENT THAN BEFORE AND SECOND, THE DEVIL IS IN THE DETAILS. THEREFORE ALL RESIDENTS WILL BE PROVIDED WITH INFORMATION AND TECHNICAL ASSISTANCE TO MAKE SURE THAT THEY AT LEAST UNDERSTAND THEIR OPTIONS AND OPPORTUNITIES. WE HAVE COMMITTED OURSELVES TO TRY AND HF,LP BECAUSE IF THEY WIN, WE ALL WIN. 3) THE RESIDENTS RECEIVE RELOCATION ASSISTANCE SUCH AS MOVING EXPENSES ---ACCOUNTING AND LEGAL OPTIONS ---IT IS EXTREMELY IMPORTANT THAT HOMEOWNERS AND RENTERS GET EQUAL TREATMENT IN THIS ASSISTANCE. 4) THAT THE PROCEEDS FROM THE SALE OF THE SCHOOL BE USED TO PRODUCE AN AFFORDABLE HOUSING PROGRAM IN ROANOKE COUNTY WITH A MINIMUM CONSTRUCTION/REHABILITATION VALUE OF AT LEAST $ I MILLION DOLLARS. IF APPROVED THE DETAILS OF THAT PROGRAM WILL BE MADE PUBLIC IN THE NEXT 60 DAYS. OUR COMMITMENT IS TO IMPLEMENT A PROGRAM THAT IS UNIQUE TO ROANOKE COUNTY. ONE THAT IS FAMILY FIRST, AFFORDABLE, HIGH QUALITY, AND EASY TO ACCESS. THE MOST IMPORTANT CHARACTERISTICS ARE INTEGRITY AND ACCOUNTABILITY. 5) A TRANSITION TEAM BE PUT IN PLACE TO NOT ONLY OVERSEE THE RELOCATION PROCESS, BUT EVALUATE THE PROCESS OVER TWO YEARS -- - A "WHERE ARE THEY NOW"TYPE THING? FINALLY, THE LAST EIGHT MONTHS HAVE BEEN A TEST OF HUMAN ENDURANCE AND PERSONAL SACRIFICE. THERE ARE MANY DETAILS TO THIS UNDERTAKING THAT WILL NEVER BE MADE PUBLIC HOWEVER, THE COLLECTIVE BARGAINING AND NEGOTIATING POWER HAS PROVED PRODUCTIVE AND POSITIVE. IF THIS IS MEASURE IS APPROVED, I WANT YOU TO KNOW THAT NOT ONLY WILL THERE BE A SIGNIFICANT ECONOMIC DEVELOPMENT WITH JOBS AND ADDITIONAL REVENUE, BUT ALSO IT CREATES A NEW OPPORTUNITY FOR THE 26 FAMILIES AND PRODUCES AN AFFORDABLE HOUSING PROGRAM THAT WE ALL CAN BE PROUD OF. THERE IS ONE LAST CONCERN. WE ASK THAT THE BOARD OF SUPERVISORS ENCOURAGE THE COUNTY ADMINISTRATION TO ASSIST US WITH LOCATING ANOTHER FACILITY BECAUSE IRONICALLY AT THIS TIME WE DO NOT HAVE ANOTHER BUILDING IN WHICH WE CAN OPERATE OUR PROGRAMS. IF AT ALL POSSIBLE WE WOULD LIKE TO REMAIN IN THE COUNTY. THANK YOU ~ltttttttttttttttttttttttttttttttttttttttttttttttttttttlttttttttitttlttittlliltllttiltllilllilil11111~111fllliltllilllflillllllli~ _ e o ~ ~~ _ -- s AGENDA ITEM NO. S~' _. APPEA~~'-A~TCE R~QVE~T A ~_ ~V ~. ~~ PUBLIC HEARING ORDINANCE CITIZENS COMMENTS c s_ ~ w.. ~ s_ ~~ ~-o(~.CS ~ . ,~N C , -- SUBJECT: ~~ ~ ~~ s ~ ~ ~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. v WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAli2E AND ADDRESS o FOR THE RECORD. I AGREE TO ABIDE BY~ THE GUIDELINES LISTED e BELOW: c o ~ ~ ss .~ ~~ .~ ® Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speakin on an issue, and will enforce the rule unless instructed by the majority of~the Board to A do otherwise. ~ _ ~. _ ~ s ® Speaker will be limited to a presentation of their point of ~ view only. ,= - Questions of clarification may be entertained by the Chairman. v `_ ® All comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ~. ~, ® Both speakers and the audience will exercise courtesy at all times. _. ^ Speakers are requested to leave any written statements and/or comments .: with the clerk. ® ... ® ..- ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. o PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK a .~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s v ~. ~ ~ ~ - ~ .~r m[Illllltlli111111i111111111111i11111111111111111111i1111111111111111111111111f11111i11l111111i1111111111i11i111111i1111111111t1im ~ttttt:ttttttttttttttttttttttttttttttttt:titttttittittiiiiiiitiiiiiitititttitttltlltlttltlllitllllltt~llllltllltlillllllllllilllil,,l,- _ _ s ~~ a ~~ o r c AGENDA ITEM NO. ~ c _ -_ c .E-~.[" ~E ~.E R~iQ U E~T o c PUBLIC HEARING ORDINANCE CITIZENS COMMENTS _~ SUBJECT: LCD ~-~~ ~ .~ ,,~ ~ Z C: ~.)) N 1~,~ s _. ~~ ~~ I would like the Chairman of the Board of Supervisors to recognize me during the ,= meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL G1VE MY NAME AND ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY~~ THE GUIDELINES LISTED ._ BELOW: ® Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will ,_ decide the time Iimit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to A do otherwise. _ _. _ v ® Speaker will be limited to a presentation of their point of ~ view only. Questions of clarification may be entertained by the Chairman. 4 ® All comments -must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. v .~ ,.. ® Both speakers and the audience will exercise courtesy at alI times. e s ~ ® ~ Speakers are requested to Ieave any written statements and/or comments ' with the clerk. .~ ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP c SHALL FILE WITH THE CLERK AUTHORIZATION FR0112' THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. a=- PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK a i _. l~ ~~ ~ ~~ ~~ .. ~ ~~ a ~~ ss~ ~~ .~ ~~ ~ ~ ~~ ~ - ~~ ~~ ~liilIII1111111IliiiII11111111lIIIIII11I111111lIl1111111111111II11111111111111llltlliliiltlliilllllllllflilliiilillilllltlillllil~ll ~ttttttttttttttttttttt-ttttttttttttittttttttttttttttitilititiiiiliiillil11111111111i11111111illlllill~lilfllllliillllllltlllllllll'1I e (~ -_ ~ -__ s AGENDA ITEM NOS ... l Si A JJ ~~ i. ~./Q~~~T v ~ ~~ ~ ~~ a ~ ~. PUBLIC HEARING ORDINANCE CITIZENS COMMENTS =_ s ~~ s ~_ s °_ SUBJECT: ~~ ~.~~~' =S ~~~ v i/~f'7 ~:-- I would like the Chairman of the Board of Supervisors to recognize me during the .- meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS c FOR THE RECORD. I AGREE TO ABIDE BY~ THE GUIDELINES LISTED _. BELOW: s ~. i ® Each speaker will be given between three to five minutes to comment ,_ whether speaking as an individual or representative. The Chairman will - decide the time Iirnit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. - ~~ • s ® Speaker will be limited to a presentation of their point of ~ view only. c ~° Questions of clarification may be entertained by the Chairman. • ® ... ® Ail comments must be directed to the Board. Debate between arecognized speaker and audience members is not allowed. ® .~ ~ a ~: ® Both speakers and the audience will exercise courtesy at alI times. .~ ® ~ Speakers are requested to leave any written statements and/or comments with the clerk. o ®_ ~. ,.® ® INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP c ALLOWING THE INDIVIDUAL TO REPRESENT THEM. c ~- PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK c a ~ ,~ A ~ ~~ .. ~~ s.~ ~ ~~ s a~ a~ s ~~ ~. ~~ ~ ~ .. ~ ~~ ~. mlilt11111111IIIllll11111111f11i1111111i111111111llliilllli[1111111l11111111i1111111111111l111111111111fllllil11111111i1f1i111111~ S-8 PETITIONER: LOWE'S CO. INC. CASE NUMBER: 43-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 A. REQUEST Petition of Lowe's Co. Inc. to rezone approximately 22 acres from R-1, R-3, C-2C to C-2 in order to construct a retail store, located on Route 220 and Valley Avenue, Cave Spring Magisterial District. B. CITIZEN COMMENTS Arthur Jernigan, Lawrence Goldstein, Eric Balow, Micheal Hylton, Joseph Dyer, James Arend, Dennis Hancock, Jack Kempster, Gayle Muse, J.B. Goria, George Barnett, Rick Seidel, Clarence Richardson cited the following concerns: increased traffic on Hunting Hills Drive and Crossbow Circle, devaluation of property, safety concerns during construction, lighting at site, access for school buses, proposal not needed, expanded problems with water run-off, impact on surrounding neighborhoods, damage to the environment, further study needed to minimize impact, location of detention pond, need to look at larger area of Route 220 south and commercial proposals in the City. David Williamson questioned whether the property had been posted. Mr. Harrington stated that three notice signs had been properly posted on the property as required by the zoning ordinance. Margaret Carrington said that the proposal would be good for the area. Sam Darby (representing adjoining mini-warehouse owner) requested a copy of the traffic study. During citizens' comments, Lee Osborne spoke: insufficient information on potential impacts to make the decision that was made; traffic study not available; action should be deferred. Referenced the land use designation (Neighborhood Conservation) in the Comprehensive Plan to support his comments. Rick Seidel spoke a second time expressing his concerns about abandoning the Pinkard Court neighborhood and his regret that the County had not made the needed capital improvements in that community. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt asked staff for information on the rezoning proposal across Route 220 in the City. Staff replied that the request was to rezone that property to commercial for fast- food restaurants, sit-down restaurants and a hotel. Mr. Witt expressed concern for the quality-of-life of the residents on Washington Road whose homes may not be purchased by Lowe's and strongly encouraged Lowe's to purchase all of the homes. D. PROFFERED CONDITIONS 1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. If the Lowe's building is flipped to locate the garden center and loading docks on the north side, rather than the south side, this specific change will be reviewed and approved administratively and will remain in substantial conformity with the proffered preliminary site plan. 2 2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. 3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. 4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition with proffered conditions. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report ~L Other j R ~~~ ~ Si Terrance Harri ton, Se etary Roanoke Co my Planning Commission STAFF REPORT '' .,~ Case Number: 43-10/97 Prepared by: Janet Scheid Applicant: Lowe's Companies, Inc. Date: October 7,'1997 PART I A. EXECUTIVE SUMMARY Petitioner proposes to build a Lowe's store along a major commercial corridor in Roanoke County that carries approximately 25,000 vehicle trips per day. Significant traffic impacts souls result from this proposal and other commercial proposals in the vicinity. A traffic study is being conducted to analyze some of these impacts but will not address the issue of additional traffic in surrounding neighborhoods. Petitioner's preliminary site development plan leaves three homes remaining in Pinkard Court. The access to these homes, situates behind the proposed store, will be via a private access roar through the parking lot of Lcwe's. • B. DESCRIPTION This is a request to rezone 21.7 acres from R-1, R-3 and C-2 to C-2 General Commercial to build and operate a Lowe's retail he<<:e improvement store and garden center. Sixty-seven parcels of land are involved in this rezoning and tc date the petitioner has optio-:s to purchase all of these. There a~-e three other houses that are ~hvsically outside of the prelimir_ar~~- site plan area, but whose sole access is through the area .of t^~ proposed development. The petitioner has options to purchase two o= these properties. A decisior_ has not been made at this time o whether or not those options will be exercised. The owner of the remaining house and property is unwilling to sell her property. Her property is currently accessed via Valley Avenue, a State owned right-of-way, portions of which are not :maintained by the State. The proposed development would remove this access. Petitioner is proposing to provide an alternative access road to her property. -. S-8 • C. APPLICABLE REGULATIONS ~1. The C-2 District allows retail sales as 'a by-right use. :~ 2. Site plan review will be required. 3. On-site stormwater management will be required per Roanoke County's Drainage Manual and the Virginia Erosicn & Sediment Control Handbook. 4. Commercial entrance permits will be required from the Virginia Department of Transportation. A traffic signal at the intersection of Rt. 220 and Valley Avenue may also be required. PART II • A. ANALYSIS OF EXISTING CONDITIONS 1. Lot Area - The subject property currently consists of '7 parcels totaling 21.7 acres. The majority (53) of these parcels are zoned R-1, Single-family residential, twelve are zoned C-2, General Commercial and C-2 conditional and t~:~o parcels are zoned R-3, Multi-family Residential. The property contains a small cemetery which is located ir_ the northwest corner of the oroperty, but outside the develooec area shown on the preliminary site plan. Access to t'r__s cemetery is provided from Slate Hill and not through t~_e subject property. A seccnd cemetery is located to the sout~_ east of this property. This cemetery is outside the .subject property but is accessed through this property. The easement to this cemetery will be required to remain open. • 2. Description of Existing Community - The single-family residential community is known as. Pinkard Court. This neighborhood was developed in the late 1920's, by John Henry 2 S- ~ Pinkard, as a subdivision exclusively for African-Americans. In 1961 Pinkard Court Elementary was built and operated until integration forced its closing in 1968. At that time the school became a special education center. In the 1980's the facility was operated as the Leisure Arts Center for the -Roanoke County Department of Parks and Recreation. In 1993 ~~=~ this school building was donated to the current owner, Total Action Against Poverty. The property is now used by the Blue Ridge Housing Development Corporation (BRHDC), which operates all of it's housing programs from this site. 3. Location - This site is located on Route 220 South to the southwest of the intersection of Rt. 220 and Valley Avenue. In addition to Valley Avenue (State Route 862) the site includes the following State roads: Meadowview, Pinkard Avenue and Booker Road and two private roads: Washington Road and Summit Street. The site adjoins Quaii Valley Condominiums, zoned R-3, to the south. To the west are three existing single-family residences, zoned R-1, which are part of the Pinkard Court neighborhood. These property owners access their property through existing Pinkard Court streets but are located outside of the proposed development plan. To the north of this site is undeveloped property zoned R-3. To the northeast is property zoned C-2 and developed as a mini-warehouse storage facility and a bank. 4. Buildings/Structures -The existing site contains numerous residential homes and accessory residential structures as well as the old Pinkard Court~Elementary School building now cwnec by Total Action Against Poverty and used by BRHDC. 5. Access - Access to the site is from Valley P_venue and Rout 220 South. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. -Use - Petitioner proposes to develop a 129,000 square foot Lowe's retail store with a 35,560 square foot garden center for a total square footage of approximately 165,500. The retail sales area of this proposed store would be approximately.25% larger than the existing Lowe's store near Valley View Mall. S-Y 2. Access to Site - Petitioner is proposing two access points. Based on site plan in~ormation that the petitioner has provided, the primary access will be from Valley Avenue. Lowe,'s proposes to leave the first 520 feet of Valley Avenue as a State road. Under this scenario, Valley Avenue would terminate at the northeast corner of the Lowe's parking lot and would provide access to Lowe's as well as continued access to the bank, optical store and mini-warehouses. The preliminary site plan does not show a cul-de-sac or T- turnaround at the terminus of Valley Avenue. Staff is r_ot aware of any correspondence between Lowe's and the V~OT regarding this proposal. Based on this, staff is unsure exactly where the primary access to the proposed Lowe's will be, whether from Valley Avenue or from Rt. 220, or what the Virginia Department of Transportation will require in terms of a reconfigured Valley Avenue. A second acce:.s is proposed at the southern end of the property. This access point is near Southern Lane, which is ___ the City across Rt. 220 from this site. This access does rot align with Southern Lane. In addition, VDOT's preliminar~r comments regarding the proposed Lowe's rezoning state that if a new traffic signal is installed at Valley Avenue and Rt. 220 it will probably necessitate closing of the existinc crossovers on Rt. 220 to the north and south of the ne:a traffic signal. The closing of the existing crossover at Southern Lane would increase traffic safety at this acce=s point but would have necative impacts on the properties on t^e east side of Rt. 220. 3. Circulation - Petitions- is proposing to vacate three Sta~~ roads (Booker Road, Meacowview and Pinkard Avenue) and a portion of a fourth (Valley Avenue). Two private roads,.Summ_~ Street and Washington Road, are included on the preliminary site plan and would continue to serve as access to the three .remaining homes. The majority of the 648 parking spaces shown are in front of the store with the remainder (approximately 80) to the south of the proposed building along the .Quail Valley side of the site. Customers will enter the site from either one of the two • S-S entrances and proceed west to the parking lot and the store entrance. Based on the total square footage of the retail store ar_d garden center, the parking shown on the preliminary site plan is inadequate, by approximately 15 spaces, to meet the parkinc requirements of the Roanoke County Zoning Ordinance. \; It is staff's understanding that Lowe's has considered the acquisition of the mini-warehouse property just to the north of this site. A portion of this additional property could be used to expand the parking area that is shown on the preliminary site plan. The mini-warehouse property is currently zoned C-2 with conditions. Based on staff review o- these conditions it is not necessary for this property to be rezoned to accommodate an expansion of the Lowe's site. 4. Traffic Count - The Roanoke County Department of Economic Development is coordinating a traffic study to determine the impacts from this proposed development a_id a proposed retail development in Roanoke City across from this site. The stt:dv will analyze the areas of Pinkard Court, Valley Avenue a^.d Southern Lane (in the City). The study will determine whether a traffic signal is required at Valley Avenue and Rt. 220 a-:c what types of improvements will be required on Rt. 220 tc accommodate these proposed developments. The results of this traffic impact study are not available at this time. The traffic i mpact study area does not include the area c= Crossbow Circle in Hunti^g Hills and possible increased cut- through traffic from Starkey Road and the southwest Cou~t-:' area. Traffic counts on Route 220 South are approximately 2~,000- 27,000 vehicles per day. The proposed rezoning could generates 3,500-7,000 additional vehicle trips per day. The Virginia Department of Transportation has requested additional information to adequately review and address this rezoning request. In VDOT's opinion, the installation of a traffic signal on Rt. 220 at the intersection with Valley Avenue could necessitate closing of existing crossovers on Rt. 220, • 5 5- ~ particularly those to the immediate north and south of this site. VDOT also comments that right and left turn and deceleration lanes will be required to serve this site necessitating the acquisition of additional right-of-way (for right-turn lanes). VDOT has expressed concern_ about the abandonment-_of State roads and access problems Ito existing properties that may result. ~-=~VDOT states, "Additional information is needed to adequately review this proposed rezoning request. At this time, it is difficult to address all potential items for this request until informatics concerning traffic generation and impacts to Rt. 220 can be reviewed." Current traffic counts on Crossbow Circle are 2000 vehicle trips per day. This street, via Hunting Hills Drive ar_d Starkey Road, is used to access the Wal-Mart shopping center, the Blue Ridge Parkway ar_d Rt. 220 South while avoiding the traffic lights and heavy traffic in the Tanglewood Mall area. Crossbow Circle intersects Rt. 220 at a traffic signal acress from Wal-Mart. Increased traffic on this street as a result of the proposed development is anticipated, but is undetermined at this ti,::e. The Route 220 corridor has been determined to be part of the 5-mile wide study corridor for the future I-73. 5. Other Site Issues - The preliminary site plan does not shc:o any out parcels. Conversations with Lowe's representatives indicated no plans to de-relop out parcels. The existing White House Antiques store at the corner c= Valley Avenue and Rt. 220 is currently zoned C-2. ___~ petitioner has an oDt_o-_ to purchase this property. ____ existing antique store :•r 11 remain until the current lease expires. 6. Public Services - Public water and public sewer can be made available to this site. Tn_e proposed development will require the upgrading and improving of the existing water and sewer facilities. ~~ 7. Stormwater Management - Stormwater run-off has historically been a significant problem in the Pinkard Court residential • 5 s^~ neighborhood and across Rt. 220 in the City. Petitioner will be required to construct on-site stormwater management- facilities in accordance with County regulations. The preliminary site plan does not show any stormwater management facilities. Staff has been informed by Lowe's representatives` that stormwater facilities will likely be underground. 8. Sianage - Petitioner, with approximately 355 feet of road frontage, would be allowed a maximum of 500 square feet of total signage. Sign height is restricted to 25 feet. The preliminary site plan indicates one pylon sign near Route 220. No other information on proposed signage is currently available. 9. Screenincr and Bufferinc - Petitioner has indicated their intention to retain the existing landscape vegetation between the south side of the subject property a.d Quail Valley condominiums. This existing vegetation is riot sufficient to fully screen the proposed Lowe's facility from Quail Valley condominiums. The Roanoke County Zoninc Ordinance requires a 15 foot buffer yard between C-2 and R-3 zoning districts. To the west, petitioner will be required to maintain a 25 foot buffer zc~e between the R-1 district. 10. Liahtina - Petitioner has indicated that all outside lightinc on this site will be in conformance with the Roanoke Count. Zoning Ordinance. In addition, petitioner has stated than within one-half hour of store closing, most of the outdecr lighting will be minimised. 11. Noise - Based on the preliminary site plar_ the loading docr~ for the proposed buildir_c are located at the southwest side cf the site. This is the side closest to the Quail Valley condominiums. Petitioner has stated that most of their .loading and unloading activities will occur during daylight hours and not typically before lam. This general area is also where the garden center is located on the preliminary site plan. • ~'~ Petitioner has indicated that they are exploring the option of flipping the building so that the garden center and loading docks would be on the ooposite site of the site plan. This would give the garden center more visibility from the primary site entrance and also provide more of a buffer between these noise generating activities and existing residential areas. 12. Community Meeting - A community meeting was held on September 30, 1997. Approximately 50 residents from Pinkard Court, Quail Valley and Hunting Hills attended along with representatives from Lowe's and Roano'.{e County staff from the Plannirc Department and the Department of Economic Development. Comments and concerns included the following: 1)noise generated from the loading docks; 2)landscaping between the proposed use and existing residential uses; 3)increased traffic in the surrounding neighborhoods including Quail Valley and Hunting Hills; 4)outdoor light pollution;' and 5)stormwater rum-off issues. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN This site is designated Neighborhood Conservation in the 1985 Roanoke County Comprehensive =tan. This designation was appropriate at that time due to the lone time existence of a well-established single-family neighborhood. she uses that are encouraged in this designation are single-family houses and other uses that serve the neighborhood residents' needs such as parks, churches, schools, ar_d recreational facilities. The petitioner's request is rot consistent with this designation nor with the land use guidelir_es for Neighborhood Conservaticn. If in 1985 the Pinkard Court ~°ighborhood had not existed and t:^e land was vacant this site :~~o~~ld have been analyzed to determi ~=e which land use designation was the most appropriate. Factors suc:_ as topography, location alone Route 220, size, availability o= public utilities, etc. would wave been considered and may have lead to a designation of Core or Transition. ~ 9 PART III STAFF CONCLUSIONS a""'~ Petitioner has succeeded in obtaining options to purchase on E7 parcels in Pinkard Court,: These parcels represent a significant block of property on a major commercial corridor in Roanoke County. Staff has the following questions and issues regarding the proposea. rezoning: Traffic and Access 1. Although Rt. 220 provides adequate access to this site questions remain regarding the reconfiguration of Valley Avenue, whether the primary Lowe's access will ne from Rt. 220 or from Valley Avenue and whether Valley- Avenue will be vacated in it`s entirety or only a portion of it. 2. A traffic engineering study is being done on this project and the proposed oroject across Rt. 220 in the City. Staff and VDOT have not seen the results of this study and were not involved in setting the parameters of the study. VDOT has commented that they do not have adequate information to review this request at this time. Ore important issue to be dealt with in this study is whether or not a new traffic signal at Valley Avenue and Rt. 220 will be required and approved by VDOT. One issue that this study will net address is the anticipated increase in traffic in the :tenting Hills neighborhood as a -resu_c of this proposed store. 3. The second access tc this proposed Lowe's store does net align with the existing City road across Rt. 220. This is a staff concern for traffic safety reasons. ~n addition, the preliminary comments from VDOT indicate that they may recommend that the cross over that would serve this access, and allow left hand .turns in and out, be closed. If this recommendation was followed it would alleviate staff concerns regarding the lack of alignment between the two roads. • 9 Access to Remaining Pinkard Court Residences ,~~* • 1. The preliminary site plan shows that three residences will remain on the west side of the proposed retail store. Lowe's has options to purchase two of these homes. The owner_of the third home is unwilling to sell. With this homeowner unwilling to sell -~owe's has indicated to staff that they may not exercise their options to purchase the other two homes. Staff has several different concerns about this situation. ~-! general, it is less than an ideal situation to have the access for these three private residences through a busy commercial site. Secondly, the property whose owner is unwilling to sell, is now accessed via a public right-of- way, portions of which are not state maintained - Valley Avenue. The petitioner is proposing to provide her with an alternative private access. General Site Plan Issues 1. The preliminary site plan has not been proffered. Logistically, with '7 property owners, proffers beco<i~e cumbersome. At the same time, without a proffered site • plan, if this property is successfully rezoned to C-2, any number of different commercial uses and arrangemen~s could be built by right on this site without any further Planning Commission or Board of Supervisors review. Staff is pursuing =with the County Attorney's office tie possibility of having any proffers recommended by t~~ Planning Commission, agreed to by the petitioner a- approved by the card of Supervisors, signed by the property owners at ~~e time that the petitioner closes c__ each individual property. The rezoning action would .-_c_ become effective. until such time that the petitioner closes on the properties ar~d has all the proffers .signed. 2. The noise generated from the loading dock area is a neighborhood concern. 3. The number of parking spaces shown on the preliminary site plan does not meet County ordinance. This problem can be resolved in a number of ways. One of the ` 10 S-8 solutions being explored by the petitioner is the acquisition of additional land and a parking lot expansion. This may not require any further rezoninc action and revisions to the site plan may be approved administratively but remains an unknown at this time. The parking lot~co~ld also be redesigned to provide more spaces for compact cars. This may allow the petitioner to meet the parking requirements. 4. Although the petitioner has not indicated any plans to build out parcels on this site they do have an option tc purchase the adjoir_ing commercial site at the corner o- Rt. 220 and Valley Avenue. This site, the White House Antiques store, is not a part of the preliminary site plan and is currently zoned C-2. Out parcels could be built on this site without further Planning Commissior_ and Board of Supervisors review of the traffic impacts c such development. Suggested Proffers 1. Petitioner proffers to exercise the options to purchase that it has obtained on two properties and identified cam: • Roanoke County tax maps as 87.08-3-8 and 87.08-3-9. 2. Petitioner proffers to build the Lowe's store ___ substantial conformity with the preliminary site plan, dated August 12, 1°97. If the Lowe's building is flipped to locate the garcon center and loading docks on the north side, rather than the south side, this specific change will be revie•r~ed and approved administratively a~:d will remain in subs~antial conformity with the profferec preliminary site olan. 3. Petitioner proffers twat if any out parcel, that requir`s C-2 zoning, is prcposed on this site or the adjoini~-c site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review~~traffic impacts, circulation and access issues.. 11 S-~ 4. Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existinc ~, residential properties. -, 5. If any of the residential homes on Washington Roaa remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during t'r_e site plan review process. PREPARED BY: JANET SCHEID DATE PREPARED: OCTOBER 3, 1997 C 12 S-~ Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. If the Lowe's building is flipped to locate the garden center and loading docks on the north side, rather than the south side, this specific change will be reviewed and approved administratively and will remain in substantial conformity with the proffered preliminary site plan. Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. COUNTY OF RORNOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Or.~ P.O. Box 29800 Roanoke, VA 24018 ( 540' 772-2068 FAX (540) 772-2108 For staff use only ~,.. Q date i ~ rcccivcd b• applicatio ( c CrSZA da~G, placards issued: 505 data: r Casc Number: Does the parcel meet the minimum lot area, wicth, and frontage requirements of the requested district? YES x NO IF N0, A VA=1 ;UCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for t`e requested Use Type? YES x NO IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proff=_'=d with this request? YES NO :::: ~ ';':~ •Variance of Section(s) of the Roanoke County Zoning Ordinznc~ in c...ar to: li Is the application complete? Please check if enclosed. APPLICATION W1LL~i~tOT SE ACCEPTED IF r,NY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v wi ~' v ws v x Consultation 8 1 /2" x l i" concept plan x Application fee Application x-~~; Metes and hounds description ~;; Proffers, if applicable Justification x'~j water and sewer application x Adjoining property owners /hereby certify that / am either the owner o/ the property or the owner's agent of contract puichase~ and am acting with the knowledg and con"se~nt o/ the owner. Owner's Signature: " And son & Associates, Inc.-Agent for Lowes Companies E:~i':?? _ >:' s :::si:=:s::::::i :::::::::::::::::::::::::::::::::s~:::~:::~:::~:::~:::~'::~:::;:~::::::: :: .~~~ .~'r ~. ::~ F -: ~~.•~:~~ Proposed Zoning: C2 ~~ r=or Sra1;` Use Criy Proposed Land Use: Commercial ~~u5e Type: This rezoning request will further the purposes of the Roanoke County Zoning Ordinance by expanding the area of an existing commercial zone to provide for the i development of a large retail commercial enterprise that will be consistent with the ongoing commercial development along this area of Route 220. This development will be located on an existing arterial transportation corridor that is necessary to support the scale of this project. There will be a significant economic benefit to the County in terms of employment and tax receipts from this proposed development, and the new Lowe's store will provide a convenient source of goods and services for the residents of south Roanoke County. This project will conform to the general guidelines of the Roanoke County Comprehensive Plan. The purpose of this rezoning request is to provide sufficient site area to allow the development of the proposed retail store. The Comprehensive Plan recognized the Route 220 corridor area as a retail commercial zone. It is the desire of the developer and it is the purpose of the County that the site development regulations of the C-2, General Commercial Zoning District ensure the compatibility of this development with the adjacent land uses. This development will have a significant impact on the existing use of the Pinkard Court neighborhood. The developer will be acquiring all of the properties in the Pinkard Court Subdivison. The existing residential homes will be removed and the entire site will be developed for the Lowe's Store. The proposed development will necessitate upgrading and improving the water and sewer facilities for the site. This will be accomplished cooperation with Roanoke County. There will be new traffic entrances to the site from Route 220 and Valley Avenue. It is anticipated that a new traffic signal will be required at the intersection of Route 220 and Valley Avenue to provide safe ingress and egress to the project. This development will have no impact upon schools, parks and recreation, and fire and rescue services. The upgraded water service and the stores sprinkler system will enhance fire protection in this area of the county. Impacts to the adjoining properties will be minimized by the Site Development Regulations for the C-2 General Commercial District. There is an existing, mature vegetative screen and security fence between the Quail Valley Condominium and this site. The developer will provide additional screening and minimize the disturbance to the existing screening to minimize the visual impact and noise levels from this project upon the residents. The store will be constructed at an elevation that is significantly lower than that of the Condominiums. This will also limit the impact of this development upon the residents. There are three residential homes that adjoin the project on the west. Streets that are not publicly maintained serve these homes. This development will provide improved access to these properties. The screening and transitional setbacks required by the Site Development Regulations will be utilized to minimize the impact of this of this development upon these properties. The property to the north west of this project is undeveloped, wooded hillside and will not be affected by the development of this project. -There are existing commercial enterprises along the northerly right of way line of Valley Avenue. These existing uses are consistent with and compliment the proposed zoning and use. These businesses . will benefit from the improvements to streets, and utilities. J//V/ v vVU .~ I ' ~^~~~ ~ ~2i0! Allli~tld 321015 M3N V I' Sp a7r»~~ d ° i NVId 3115 A2IYNIYtll321d 1x/~t ~ ~ ~ ,a ~.~,a .~ r~ ~. • _.~ ~, J i' -~~ ~ ~ ~ ~ g ~~ ~ . 21 . ~ I ~I l ~ ~~ ~ g~~~4~p~~s pp & ~.~ y.5 ~.~ ~ ~ y~ a 4 a c g J }}F .Y % k j Y it~~ O V ~ f y ! ~.y `yd \, '-~ ~,~`~~`, Y S ~ a ~ ~7M ~`~ i Y~ I-~ ~ € ~ ~Y~~Y ~ ~~ ;~ Y : $`.~ ~.:.,: / ,; ~d ~~'~`~a "~~ Y~ N ~FF ~ FF~~'~ h ~ 3~3 -- S~ ° I ~~a ~~~~~ . ~~~~$~~ ~ `'` ' 2 \\\~ a ~~i r~ ' ~ ~~ ~ i ~ ~~s~, i~~ ,~ u~ `~ ~_ /;• ~ ~_ ;, ~ .. - - ~ \ I ~= r ` ` I Ifll IIII II IIII - .~~~ ~~., c 1 1f- - \~ /;~~~~ ~~////t/~ ~ ~~-~ ~~~~~~~.~-T__~ = .. Sri ~~~/, ! yam= 72l^' ~~ /~, ~~ ` ^~r _ / I rr ~~^- i/~'~. `.rte--~~J _~-~-:~~ _-~~~..~~---r~_~__ /~~~•,, ,~.\~ I 1 ~ ~i: I-r _~ Ole Fi '_ -- `_ ~~~ ~-"-'_ _~-~~1~~~~~~ i ~C; ~ -~,_~~ -~--~ ~_ __~_~- Ali \~ ~ I ___~ .. ff//~~~~ ~ _ ~ t ~ ,.r-- r •, - . r ~ I I lip r ~ i i \ l.l. i i~ ' F ~ ~ ~i_ ~ p,o~j./nova - ~~ ~\ - I / i~ ' \\\ O .~_ c i _ ~ ~ _ 4 ' ' i __ ~ •.•// , ~ r ~~%~ I ~l i i, r - --F.~sr it -,,zs~, .3a[" ~'z.a=_~ t ~ 1 ~p '~~I ' ~' -~- -~7r" i "LL r ~ i l V l =='~-- ~ ~~._ .alt. ~J ea ~: ~ _ QQ J x vZ ~ " ~'~I;I ',1,f .i~.a . 7 ~ l"Z1C `~ J W W tt S f i Fi e1 i I . 9 ~' ~ i i fi`` f ILf~i t:i i I ~,I:~.~,( I' ~ i `, : j (~ ~L) i ~ lftt ~~~t I I ,_~ #Ei #~~ ~~. ; ... ~ ~ / ' ~1 l ( ~ _ I~ I I~ ~ i ~ I ~ n lJ II I I ~ i I I . _ I! ~ ~i ~ ~ i ~~ I ~ ~~ ~ ) I ~ ~ ., I I I i I I` ~ , ~~ I a ,~ . L 1 Z z Z Z o ~ ;' } a < J ~ o < J w W > ~ W W W t- .. <~ `N W ' ~ _ W = ~ 2 Q ` '" ,, 5 s: 0 ~ Z Z ; ~ - J ~ ~ _ * , n r "' Q n i m _ ""` - . October, -1, '1997 - . ~' Mr . Terry Harrington ~ ~ " ~ - - - ~\=.: _ . , Roanoke County Planning and Zoning Dept. P. 0. BOX 29800 Roanoke, Virginia 24018 Dear Sir: As a resident and owner of a condominium in Quail Valley I strongly oppose the construction of a Lowe's Retail Store in the Pinkard Court area. After a visual inspection and tour of the Pinkard Court area, I think the property owners would be very anxious to sell due to the monetary gain they would experience. Quail Valley consists of 108 condominiums, alT privately owned. Due to the close proximity of the Lowes location, I oppose this rezoning and construction. It will be impossible for me to attend the formal meetings that are scheduled. Many thanks for your your consideration. Sincerely, ~• ~ -. E. B.,~hnson Jr. ~~ • COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 52p4 Bernard Or. P.O. Box 29800. Roanoke, VA 24018 ( 540' 772-2068 FAX (540) 772-21 08 For stat( use only ,~ date i /y received b• applieatio ( e CiSZA da~G, placards issued: BOS data: r Case Number ~; Does the parcel meet the minimum lot area, wicth, and frontage requirements of the requested district? YES x NO IF N0, A VA=I:.NCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for t'=_ requested Use Type? YES x NO IF NO, A VARIANCE IS REQUIRED FIRST. It rezoning request, are conditions being proff~r~~ with this request? YES NO ... ~~ :.'.~f~ ~~ : ~~ . -`~~~~ ~~ ~..~ ~~ .:~'. ~t~t:' :::::::tom :.:~ :.::::::.:.:...:.................:.....~........:.........:......... Variance of Section(s) of the Roanoke County Zonine Ordinzr:ce in crc~r to: Is the application complete? Please check if enc:osed. APPLICATION WILL 1~tOT 6E ACCEPTED IF ?.NY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ws v ws ~ v ws v x Consultation 8 1 /2" x i - " concept plan x Application fee Application x~" Metes and bounds description r~:; Proffers, if applicable Justification x <T Water and sewer application x Adjoining property owners /hereby certify that / am either the owner o/ the property or the owner's agent or contract purchaser and am acting with the knowledg and consent o! the owner. Owner's Signature: And son & Associates, Inc.-Agent for Lowes Companies :::::~::::=:s;:lj :::.::::::::::: .. . ::z._ 7 .~ ~ ~ . '.. c Proposed Zoning: C2 ~~r"orStaf• UseGn:;! Proposed Land Use: Commercial ~~use Type: s- This rezoning request will further the purposes of the Roanoke County Zoning Ordinance by expanding the area of an existing commercial zone to provide for the . development of a large retail commercial enterprise that will be consistent with the ongoing commercial development along this area of Route 220. This development will be located on an existing arterial transportation corridor that is necessary to support the scale of this project. There will be a significant economic benefit to the County in terms of employment and tax receipts from this proposed development, and the new Lowe's store will provide a convenient source of goods and services for the residents of south Roanoke County. This project will conform to the general guidelines of the Roanoke County Comprehensive Plan. The purpose of this rezoning request is to provide sufficient site area to allow the development of the proposed retail store. The Comprehensive Plan recognized the Route 220 corridor area as a retail commercial zone. It is the desire of the developer and it is the purpose of the County that the site development regulations of the C-2, General Commercial Zoning District ensure the compatibility of this development with the adjacent land uses. This development will have a significant impact on the existing use of the Pinkard Court neighborhood. The developer will be acquiring all of the properties in the Pinkard Court Subdivison. The existing residential homes will be removed and the entire site will be developed for the Lowe's Store. The proposed development will necessitate upgrading and improving the water and sewer facilities for the site. This will be accomplished cooperation with Roanoke County. There will be new traffic entrances to the site from Route 220 and Valley Avenue. It is anticipated that a new traffic signal will be required at the intersection of Route 220 and Valley Avenue to provide safe ingress and egress to the project. This development will have no impact upon schools, parks and recreation, and fire and rescue services. The upgraded water service and the stores sprinkler system will enhance fire protection in this area of the county. Impacts to the adjoining properties will be minimized by the Site Development Regulations for the C-2 General Commercial District. There is an existing, mature vegetative screen and security fence between the Quail Valley Condominium and this site. The developer will provide additional screening and minimize the disturbance to the existing screening to minimize the visual impact and noise levels from this project upon the residents. The store will be constructed at an elevation that is significantly lower than 'ghat of the Condominiums. This will also limit the impact of this development upon the residents. There are three residential homes that adjoin the project on the west. Streets that are not publicly maintained serve these homes. This development will provide _ improved access to these properties. The screening and transitional setbacks required by the Site Development Regulations will be utilized to minimize the impact of this of this development upon these properties. The property to the north west of this project is undeveloped, wooded hillside and will not be affected by the development of this project. There are existing commercial enterprises along the northerly right of way line of Valley Avenue. These existing uses are consistent with and compliment the proposed zoning and use. These businesses will benefit from the improvements to streets, and utilities. ' i~\\~. _ .~~ -~.~1~~~ v-~-- ~/!) '~ . ~~ ~,. :~. S-~ i ;/ ~;`~`^`~~ _ ~ - ~ 1 ~.____~..~ - ~•''~ - ~~J7 / l l /~ ~~~jll~' r 1. r, ~--- ~ ~ 1'~`'':~~ ~ J/I ~r/I/ f r 1, 1 { ~~ is ~/!~l (!J( -~ rr_j ~~, r / ~.~\~/ S-i.~li _riJ-z~:~i~..r•-- .may,-:- ~-.=-I~T3v'Yx^i-,~ / l r!/j;i?I /// lir 1, I h 1~1' %~ %~\j. /. /:.~/~~`~~~~~~?y\~_•-----~._-~~1 ~~'-/' ~•~!/ ~'( 111'!1 rr , t ~ ~ /r ~~ i ~ ~ i - ii/~ ~I;--Yom'--~`'~` \_ /II (/r!/ !~~/ 1~ ill~llll(/.r~l 1~(I' ~' \_ ~/~/ 'r~ i ~...!-~Tt 1. "i-~= -~r~`:~~`~ ~'~t~l. 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ROANOKE Co i~ RGLINOKE, NRClNA ...~5.. .. c n.r al `,_ ~' ~ ,~ j ~~~ 1`t { ~' '~, ~ 6 N ~ v_a ~ vvv ra a • - 1 . ~ 7 t g ~ -~ r _ ; i~ G t ~ - - ~ E _ _ - ~ ~~- i; _ ~' * a /, __ _ _ S-S Vii= s I'_ ~ , - ~ N a -~~_ ~ S `' 1 O , ~-- - ]] 1~.~ . w ~ IR.Tjfi1 ~ -~"`i'-~l._ ~ I +y ~J. BAR I n :a{ ~% - 1.-t _ ~ I I :-~ j(_- t " - - fay I ,. ;a 3 - I , - 1 - .~ : t{ f : I -- s C a ~ - mo ,. - ~ ~.. '= _ i • 2 ] _ 3' I ~ i, - { - .{ I - L ..-~------.~. ~ - - JL =jam -~ ; _. ..- ..-.; - ------~ _ +~-K. 7S 49 ,nay ~' ai' ~ 7^W ....we,n -- .~. . -7_-..-.-~ _._-. _- -.. r: -I I "'e Y ` ~ ` I I YE ~~~~ ~:; .. ~; r ~3:t~ } 7~ /, ` G~ i i~~- /' ~. S ~ I?~ ~ {{ {~ ~ ra ~s 17 6~ ~~:. 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U 11L1 I Y 1JtF' I I tL ~ (US-S - r ' a •. ,8,8 • Lowe's.Companies, Inc. 1203 School Street Wilkesboro, NC 28697 Re: Availability No. 97-193 •~ ~ „ •, - Lowe's Facility Pinkard Court Area Tax Map No. 77.20-1-42 and 43 87.08-01-03 through 69, . 87.08-03-10 and 11 Water/Sewer C7 • UTILITY DEPARTMENT August 1 S, 1997 Dear Sir/Madam: Public water and sanitary sewer can be made available to the subject property. ~.{ Publicwater currently exists within the subject property which is suitable for only domestic service with a maximum fire flow of approximately 500 gallons per minute (gpm). At the intersection of Valley Avenue and Booker Road, the static water pressure will fluctuate between 115 and 100 pounds per square inch (psi). Currently the.-e is a limiting section of approximately I,000 feet of small domestic pipe in the water system supplying this property which will require upgrading to allow commercial development of the subject property. A table providing connection fees per water meter size follows. The fee includes the connection to the main, meter box, setter and water meter at the property line. It is your responsibility to irutall the service lateral from the meter to the building under the provisions of the plumbing code. - Sanitary sewer can be provided by connecton to the sewer main along Route 220 adjacent to this property. The owner would be responsible for the complete installation of the sewer lateral from t~`~e building to the sewer main and cleanout at the public easement property Iine. You must verify that there is a minimum of two feet of fall from the building service elevation to the top of the sewer main. The Roanoke County Utility Department would make the actual connection to the sewer main after excavation and shoring per OSHA regulations by your contractor. To schedule the actual tap of the sewer mair>y you should contact the Roanoke County Utility Department two (2) working days prior to installation of the sewer lateral and excavation to the sewer main. Since this is a commercial facility, you will be required to complete and submit anon-residential sanitary sewer checklist (enclosed) prior to occupying the building and to install a sampling manhole on the sewer lateral. 1206 KESSLER MILL ROAD • SALEM, VIRGINIA 241 53 • (540) 387-6104 . ® PArtod on Rscyded Pep•r ..:~. .• .,,';;;i~. 7G1'i "'ti~7 ~7ZC+ PC]r~ Gil AUG 21 ' 97 1 Gi ~ 19 " ROK. CO. UTILITY DEPT. TEL:703-387-6230 ~. .~~ ~ . • i• i• August 15; 1997 Page Three Aug 21 97• ., 10 ~ 03 No .003 P . 04 ~~. S-~ Ifyou should have questions or need additional clarification of the above information, please call me at 387-6102. Sincerely, . . ~~-a•- Robert C. Fron1~ P.E. Utility Engineer RCF/sgh cc: Arnold Covey, Engineering Tim Gubala, Economic Development ~ . {. ; -Tit!' ,- ~•(,•i y i ':, <• •~ . ~.:', of ,.,.,, .~ . ->,.~ /„r ~ w eEtnaN~+'.,r1T5.'•:' f •. 419 ,d."~ "." ~..,.. ,csis '4 T~" _.~ :JAlxc T.~ _ :~rQ .o. "T~t.' ~/.. r,• -...:./ PINSCA$Ef~G"C~ ': /, ~` ~ / ~,w~r ~io~?dye, ~ ~~~ ~ - j ~..... ~~ .o.~ O^~ ~• I.~ .', ASiOR AV. Y'.:.t,~•-. r•: !.•. r ~4„ „ ~•- ~:•'~ I `i .' ~7"r1C ~ • EoECSp¢{ Sr I',fnEjL.,,:.r. :r:n~'+ ~ •.,,~;~ ti~ ,,.~ \ :. _.r : '` `_ . - -=-- - --• '" Y-11;1 n~i'I~ -.IY1~A Y S-S F NORTH .~ ` M ~ != a N •r r~ ~ ;~, I I c ~ ~• r i?1fL r} _:,':1 ~'. - ,`' ; 3 \= ~. _" \= ~~ DEp~RTM~Pr OF PI,ANNI2~'G - x - AND ZONING :~ - LOW~'S.COMPANIES INC. "R=T;R'-3 •&-~ C-2C TO C-2 87.08-1- S- ~ MEMORANDUM DATE: October 7, 1997 TO: Planning Commission ~T'"' FROM: Janet Scheid/cam.. RE: Traffic Impact Study - Lowe's rezoning proposal As mentioned in the staff report a stu.iy has been done to assess the traffic impacts on rranklin Road (Route 220) from the proposed Lowe's and other commercial establishments proposed in the City in the same, general vicinity. This study was conducted by Mattern & Craig, Inc. and received by staff on Monday, October 6, 1997. The study determined that the combination of the two developments proposed along both sides of Rt. 220 will result in approximately 8,000 new vehicle trips per day in this comdor. This increase will necessitate the signalization of the Franklin Road/Valley Avenue-Southern Hills Drive intersection. In addition, it will be necessary to widen Franklin Road and Valley Avenue to accommodate additional turning movements. A summary of the study conclusions is attached for your review. S- TRAFFIC IMPACT STUDY FOR COMMERCIAL DEVELOPMENT ON FRANKLIN ROAD (U.S. ROUTE 220) BETWEEN NORTH ENTRANCE OF SOUTHERN HILLS LANE & CROSS BOW CIRCLE For Lowe's Companies, Inc. 1203 School Street Wilkesboro, North Carolina 28697 and Copty & Company, Real Estate Crestar Bank Building, Suite 450 310 First Street, S.W. - Roanoke, Virginia 24011 September 30, 1997 MATTERN & CRAIG, INC. - CONSULTING ENGINEERS • SURVEYORS 701 FIRST STREET, S. W . - ROANOKE, VIRGINIA 24016 (540) 345-9342 FAX: (540) 345-7691 RECEII~ED SITE ASSESSMEN'!I" Gp~~ 10 ~ l - q ~ SUMMARY Genera S-- S This study was undertaken to determine the traffic impact on Franklin Road (U.S. Route 220) from the construction of commercial establishments proposed to be constructed along both sides of Franklin Road as shown on Figure 1. Additionally, this study is to determine whether traffic signals would be required for a common intersection on Franklin Road that would serve as the primary access for both developments, and what, if any, type of improvements will be required on Franklin Road due to the developments. ~' Conclusions The development of the Lowe's site is projected to generate 5,030 trips per day; 2,515 entering the site and 2,515 exiting the development. Comparable data for the full development of the 220 South Project is 9,860 trips per day, with 4,930 trips entering and leaving the development each day. The complete development of both sites is expected to be completed during 1998. Of the total number of trips to be generated, only about 53 percent (7,950) will be new trips added to Franklin Road. Except for the fast-food restaurants in the 220 South Project, the weekday peak hour for traffic generated by the developments is not anticipated to coincide with the p.m. peak hour for traffic on Franklin Road. To accommodate the additional traffic expected to utilize Franklin Road as a result of the developments, it will be necessary to widen Franklin Road to provide, as a minimum, separate right turn lanes for both north and southbound traffic at the intersection with Valley Avenue/Southern Hills Drive. Valley Avenue will need to be widened to accommodate one lane for westbound traffic and three lanes for eastbound traffic, marked to accommodate an exclusive right turn lane, a shared thru and left turn lane, and an exclusive left turn lane. In addition to the lane improvements, it will be necessary to signalize the Franklin Road/Valley Avenue -Southern 1 K:\PFM\1608-1.RPT ~~ K !.~ Hills Dive intersection. By signalizing the intersection, Level of Service D operations can be obtained, otherwise, if left unsignalized, Level of Service F operations can be anticipated. Along with the improvements made at the Franklin Road/Valley Avenue intersection, it is reconunended that the median open be closed and the southbound left turn lane be eliminated at the existing Franklin Road/Southern Entrance Southern Hills Lane intersection. There will be no need for these features in the future since the 220 South Project eliminates this intersection. 11 K:\PFM\1608-S.RPT SS AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 22-ACRE TRACT OF REAL ESTATE LOCATED ON ROUTE 220 AND VALLEY AVENUE (TAX MAP NO. 87.08-1-VARIOUS) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, R-3, C-2C TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF LOWE'S COMPANIES, INC. WHEREAS, the first reading of this ordinance was held on September 23, 1997, and the second reading and public hearing were held October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 22 acres, as described herein, and located on Route 220 and Valley Avenue (Tax Map Numbers 87.08-1-VARIOUS) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, R-3, C-2C, Low Density Residential District, Medium Density Residential District, General Commercial District (Conditional), to the zoning classification of C-2, General Commercial District. 2. That this action is taken upon the application of Lowe's Companies, Inc. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\LOWES.FRM 1 S-8 3. That the Petitioner, who is the contract purchaser of the property, has voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) Petitioner proffers to build the Lowe's store in substantial conformity with the preliminary site plan, dated October 7, 1997. If the Lowe's building is flipped to locate the garden center and loading docks on the north side, rather than the south side, this specific change will be reviewed and approved administratively and will remain in substantial conformity with the proffered preliminary site plan. (2) Petitioner proffers that if any out parcel, that requires C-2 zoning, is proposed on this site or the adjoining site of White House Antiques, it will be subject to a Special Use Permit regardless of the C-2 use proposed. This will allow the Planning Commission and Board of Supervisors the opportunity to review traffic impacts, circulation and access issues. (3) Petitioner proffers to retain the existing vegetation between the petitioner's site and the property of Quail Valley condominiums. The only exception to this will be the removal of vegetation that is necessary for improvements to the access road for the existing residential properties. (4) If any of the residential homes on Washington Road remain, petitioner proffers to upgrade, pave and maintain Washington Road C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\LOWES.FRM 2 S~ 8` to provide continuous, adequate and safe access to these houses. This upgrade will be to a standard acceptable to the County and reviewed during the site plan review process. 4. That said real estate is more fully described as follows: Beginning at a point in the westerly right-of-way line of Franklin Road, U. S. Route 220, common corner to Lots 3 and 4, Block 1, Pinkard Court; thence with the westerly right-of-way line of U. S. Route 220 on a curve to the right having a radius of 5677.58 feet, a delta angle of 00° 53' 06", a chord of 86.79 feet bearing S. 17° 39' 16" E. along the arc a length of 87.69 feet to a point; thence S. 17° 12' 43" E. 266.43 feet to a point; thence S. 59° 16' 34" W. 33.60 feet to a point; thence S. 30° 43' 26" E. 20.00 feet to a point; thence, S. 17° 12' 43" E. 8.32 feet to a point in the said right-of-way line of U. S. Route 220; thence leaving Route 220 and with Old Heritage Corporation and Quail Valley Condominium S. 59° 57' 51" W. 1022.17 feet to a point in the line of said Quail Valley Condominium; thence along the westerly right-of-way of Washington Road and the line of Leo, Inc. N. 29° 17' 28" W. 156.01 feet to a metal fence post found; thence with the line of Balow, St.Clair, Old Heritage Corporation and Jernigan N. 29° 17' 30" W. 466.32 feet to a point; thence N. 64° 20' 39" E. 9.76 feet to a point; thence across the end of Valley Avenue N. 25° 39' 21" W. 24.84 feet to a fence post; thence continuing with Jernigan N. 28° 10' 03" W. 177.32 feet to a point; thence with Jernigan and the Roanoke County Board of Supervisors and Jernigan N. 82° 40' 36" W. 275.75 feet to an iron rod found; thence N. 75° 52' 47" W. 140.97 feet to an iron rod found, corner to Hairston Cemetery and Craighead Real Estate; thence with Craighead Real Estate N. 65° 59' 50" E. 1059.30 feet to a point in the line of R. C. Gallagher; thence with Gallagher S. 14° 33' 05" E. 406.07 feet to a point; thence across Valley Avenue S. 24° 28' 26" E. 25.00 feet to a point in the southern right-of-way line of Valley Avenue; thence with said right-of-way N. 65° 31' 34" E. 400.21 feet to a point; thence leaving Valley Avenue and with the lines of Lots 1, 2, and 3, Block 1 of Pinkard Court, S. 16° 25' 09" E. 123.37 feet to a point; thence with the line of said Lot 3, N. 73° 34' 51" E. 122.64 feet to the point of beginning, and containing an area of 21.686 acres of land according to a plat of survey revised date 22 August 1977 by Anderson & Associates, Inc., Document No. 14675-002. 5. That this ordinance shall be in full force and effect thirty (30) days after Lowe's Companies, Inc. becomes the fee C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\LOWES.FRM 3 S-&~ simple owner of the entire 21.686 acre tract described above. 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\LOWES.FRM 4 PETITIONER: OHIO STATE CELLULAR CASE NUMBER: 44-10/97 Planning Commission Hearing Date: October 7, 1997 Board of Supervisors Hearing Date: October 28, 1997 s-~ A. REQUEST Petition of Ohio State Cellular Phone Co. Inc. to obtain a Special Use Permit to construct a 190 ft. self-supporting broadcast tower, located at 5585 Catawba Hospital Drive, Catawba Magisterial District. B. CITIZEN COMMENTS Jerry Caldwell, volunteer chief, said they had not been consulted and expressed opposition to the proposed site since there is not sufficient room should the fire station expands its building. He said they have no objection to the tower if it is located behind the building. Wayne Perkins said that during construction of the tower, equipment might block access into and out of the building which could interfere with our calls. David Klum, representing Ohio State Cellular said that they would work with the Fire Department during construction to insure that no blockage or impeding of traffic was possible. C. SUMMARY OF COMMISSION DISCUSSION Ms. Hooker agreed with Mr. Caldwell saying that he and the volunteers should have been consulted with regard to the proposal. D. RECOMMENDED CONDITIONS Mr Harrington highlighted the proposed conditions that were being negotiated as part of the lease of the site to Ohio State Cellular. The Commission recommended that the conditions of the SUP parallel the conditions of the lease. E. COMMISSION ACTION(S) Ms. Hooker moved to recommend approval of the petition with conditions. The motion carried with the following roll call vote: AYES: Thomason, Hooker, Witt, Robinson, Ross NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report ~ Other _ / `` Terrance Har ' gton, S etary Roanoke unty Planning Commission ~~ • STAFF REPORT PART I PETITION: Ohio State Cellular~_ PREPARED BY: T. Harrington A. EXECUTIVE SUMMARY FILE NO.: 44-10/97 Y';DATE PREPARED: 10/1 /97 This is a petition of the Roanoke County Board of Supervisors on behalf of Ohio State Cellular Corporation for a SUP to allow the construction of a 190 foot broadcasting tower on the Catawba fire station property. The site is proposed as part of a possible negotiated settlement of litigation between Ohio State Cellular and the County over the 1996 denial of a proposed tower location at the intersection of Newport Road and Route 311. The proposed site addresses many of the negative findings of fact determined by the Board. B. DESCRIPTION AND BACKGROUND This is a Special Use Permit petition filed by the Roanoke County Board of Supervisors on behalf of Ohio State Cellular Co. Inc. The petition is for a Special Use Permit to allow the siting of a 190 foot self supporting broadcasting tower on property owned by the Roanoke County Board of Supervisors located at 5585 Catawba Hospital Drive. The property is the current site of the Catawba Volunteer Fire Department. The property, approximately 1.25 acres in size, is zoned AR. Broadcasting towers are a permitted use in this district provided the Board grants a special use permit. This application is being considered as a possible settlement to litigation. Ir. 1996, the Board of Supervisors denied a SUP application of Ohio State Cellular to locate a similar tower on property owned by Buddy Garman located at 5949 Newport Road. In it action, the Board cited findings of fact indicating the proposed tower was incompatible at that location due to its proximity to the Appalachian Trail, Route 31 1 Scenic Byway, and the identified Catawba Rural Historic District. Subsequent to the Board's denial of the original request, Ohio State Cellular filed suit in Federal Court requesting that the court overturn the Board's action. During 1997 the Court requested that the parties to the litigation attempt to negotiate a settlement to the case. Over the ensuing months, other locations were evaluated by the County and Ohio State Cellular. The fire department property meets the siting criteria of Ohio State Cellular and appears to staff to address many of the original findings of fact used as a basis for the original denial. • ~~ C. APPLICABLE REGULATIONS 1. Section 30-34-2 (B) 5 permits Broadcasting Towers by SUP in AR districts. 2. Section 30-87-2 list the Use and Design Standards for Broadcasting`Towers. Compliance with these standards will be verified at the time of site plan review, with the exception of tower height which must be set as part of the SUP approval. 3. Approval of a site plan must be granted prior to constructing the tower on the property. • • PART I I A. ANALYSIS OF EXISTING CONDITIONS ,~ ~ ~., .~ This County property was originally acquired as a gift from Catawba Hospital as a site for a public safety building. The property is now used as a fire station. Development on the property consists of the station and associated related site improvements such as parking, generators, fuel tanks and an existing communication tower used by the fire department. The developed portions of the site are flat. The property rises gradually at the rear of the site. This area at the rear is now wooded and adjoins a wooded undeveloped portion of the Catawba Hospital property. Narrow rows of vegetation also exist along both sides of the lot, as the property adjoins the hospital site. Access to the site is directly from Catawba Hospital Drive (Route 320). It is accessible via Route 799 at the far end of the hospital property, or via Route 698 directly off of Route 311 by the Catawba Grocery. The neighborhood surrounding the site is a mixture of hospital property/uses and low density rural residential uses in the Catawba Community B. ANALYSIS OF PROPOSED DEVELOPMENT A 190 foot lattice tower is proposed for the site. Based upon the site evaluation and discussions with county staff, the tower and associated improvement such as an equipment building and fencing are proposed to be located in the left rear corner of the site, which will be leased by Ohio State Cellular. (See concept plan) In discussions with Ohio State Cellular, other tower designs are possible, such as a steel monopole, or a four leg wood laminate design. Tower design chosen may affect the flexibility of the tower to support other co-location users. Representatives of the volunteer fire department have expressed some concern that the proposed tower may interfere with the use of the property or any future proposed expansion of the building. At the time this report is being prepared, staff is awaiting receipt of a more formalized site plan that will show the exact location of the tower and equipment. Due to the existing orientation of the building towards the back right of the site, staff believes that~the back left corner is desirable, and less likely to interfere with any future expansion of the station. (Note: no expansion of the station is contemplated at this time) • sy The tower will not be lighted due to its height and lack of proximity to the Roanoke Regional Airport. The proposed tower, will of course, be visible from a variety of locations in and around the Catawba Valley. Staff intends to hoist the helium balloon afi=the site on Tuesday morning so that the community can see the proposed height of the tower. The balloon will be left in place, weather permitting, all day Tuesday so that the Commission can observe the balloon on your site visit Tuesday afternoon. As part of this request, Ohio State Cellular will remove the existing tower from the site and will relocate County communication facilities to the new tower, which will be provided at no cost to the County. Ohio State Cellular will also be responsible for placing all communication lines serving the towers underground, and will repair or replace any portion of the site that is damaged as a result of construction. The actual extent and nature of these improvements is being negotiated by the county attorney and will be described in the lease for the property. The use of the property as a tower site will generate no measurable traffic. Once construction is completed, visits to the site will be very infrequent for routine maintenance type of activities. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The site is located in a rural village land use category of the comprehensive plan. Although broadcasting towers are not specifically addressed in the plan, the plan is supportive of low density rural development in these areas in a manner that is compatible with the rural character. Also encouraged are community facilities of a scale that are supportive of this level of development. The Telecommunications Act of 1996 preserved local government zoning authority over the siting of wireless (broadcasting) towers but limited a local government's scope of authority. A local government cannot deny a cellular provider the right/responsibility to provide cellular service, nor can we favor one provider over another. Ohio State Cellular has stated a need to enhance/provide service in this area. The use of existing structures such as AEP towers was evaluated but ruled out due to their location and low height relative to the terrain and needed Catawba Valley service area. 4 File No.: PART III S-9 STAFF CONCLUSIONS • The staff believes that the proposed site is a much more reasonable location for this tower than the original site at the intersection of Newport Road and Route 311. Although the tower will certainly be visible from many locations within the Valley, its location removed from the 311 corridor will, in the staff's opinion, minimize the visual impact in this rural community. At your meeting on Tuesday, the staff will recommend a series of conditions for the permit. These conditions will parallel the lease requirements currently being negotiated by the Ohio State Cellular and the County. 5 File No.: For staff use only ~"~ CJ COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 24018 ( 540 772-toss Fax (540 ~ 772-2108 date rec ived:" re y: 12 application fee: PCiBZA date: ~ ~ ~ 7 placardsissued: B 5 ate: c .28 ~ Case Number: ,,._ /'O ~~`/~ Proposed Zoning: AR / SUP For Statt Use c~~~ Proposed Land Use: use Type: 190ft Self Supporting Broadcast Tower Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES NO IF NO, A VAnIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for tie requested Use Type? YES NO IF N0, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being proffered with this request? YES NO Variance of Section(s) of the Roanoke County Zoning Ordinance in cr~~r to: Is the application complete? Please check if enclosed. APPLICATION WILL f~tOT BE ACCEPTED IF ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ars v ws v ws v Consultation 8 1 /2" x 1 1 " concept plan Application fee • Application ~`'~~ Metes and bounds description « Proffers, if applicable Justification ~.~ f Water and sewer application ,Adjoining property owners l hereby certify that l am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and copse the ow r. i ~j~ ,/ .Owner's Signature: ~ ~ /" 1 _- r ,~ Y - vi - ) ~W _ _ >< -' ~~ <~ a o ~ . •a` _ _ :U = W Q ~ •. ' - -~ ~ s _ o >m _/ < ~ o ~ Z ~' i a° J ~ v ~ a x ~ N - o o , o w a `n aF OHO ~ _i ~ g. < ~~ 1 ~. U ~: ~ •p - C 1 U '1 .i -) ^ - ~ O ~' U / - Z Q C ~a W N Z ( '\/ V Q .'~. i "_ _~ =. o? ~~ as \I - _ . a~ e 0 N r~ W 1- ~ ~ ao ~ ~.~ • ~ a ~~ a Q k ~ . ~ Z .~ 059 3ta ~' ~ U A e ~< ~ i ~ ~ t O ~s -~ o i'1 ~~ ~ ~ O ~ ~ 'O r N z ~ a J Q O Z 4 3 a v ---ba o, r`~X/ ~ ' \ I~ I ` \ "tT4WgA NQ ~ ` 9PITAL TAL I ~ •I 900 G7i ~6 RESNE 0 EO a+ _ 32~ 1 ~ aea ~'- , RQ t `, , ~r9c9 ~.~ .- ~ a `~ I `\ ~ ~ R _ >v ~ r ~ D~spasnl a^ ~-r~ E~ 698 , ~ ~ P ',o - - ~ a .~. I 220 C,7T7waA r ,~ ~ - 1 J r 0~NE1'~'?f `~ ~CATAW9A ~ GLENVAR P I ~ 0 • ' - I------ -•-- ~--, -_ I C ~ _na\,=./. . X11 ,, s-9 NORTH 735.21 4.c (D) _.j I025.29Ac (C) Cyrrraon~eoHh of Virgm~o Coto+.bo Hof 3423 ` 34/S s ~- ro ~ ~ r /. 1 3463 3430 \t 5 0 // / c0jowbo ~ ~4S 0 j / / 9ST5 5s 55N°i~~ ~~ ~~ ss~ c r ~o/ 1 r~ 534 ) PV °or G% 2~, Ssso ss3o ~oy.~~ tJ Ree-o~., Yiipinra (RC6S.1 Csq.e• ire SA~na. /\ ~~~3 ~ _.a6 ~S.OOAc. ~6• , ~~~ 4.65 ,r4 2.OOac ~ I~",~ ~~ w n an 3Z~ ~yf 3.26 Rc 1~ 3J 24 ~ ~ ~t~ dt S • 6 f _ ~" :~~ DEPARTMENT OF PZ~~1II~'G - P.ND ZONING ~~ - - ~. OHIO STATE CELLULAR PHONE CO.INC. SPECIAL USE PERMIT 7.00-1-29~ S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE GRANTING A SPECIAL USE PERMIT TO OHIO STATE CELLULAR PHONE CO., INC. TO CONSTRUCT A COMMUNICATIONS TOWER AT 5585 CATAWBA HOSPITAL DRIVE (TAX MAP NO. 7.00-1-29), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Ohio State Cellular Phone Co., Inc. has filed a petition to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on October 7, 1997; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on September 23, 1997; the second reading and public hearing on this matter was held on October 28, 1997. NOW, THEREFORE BE IT ORDAINED 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 Ohio State Cellular Phone Co., Inc. to construct a communications tower located at 5585 Catawba Hospital Drive (Tax Map No. 7.00-1-29) in the Catawba Magisterial District is substantially in accord with the adopted 1985 Compre- hensive Plan pursuant to the provisions of § 15.1-456 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (1) The height of the tower structure, excluding any antenna attached to the structure, shall be not more than 190 feet. No microwave or other dish type antenna shall be allowed on 1 s-y the tower. (2) The tower structure and all attached support hardware shall be painted a flat matted color so as to better blend into the landscape and reduce visibility and light reflection. (3) No lighting shall be installed on the tower structure or equipment building except for security lighting not to exceed a height of 25 feet in height. (4) This tower shall be structurally designed to carry sufficient loading and the site developed to accommodate the additional buildings necessary to accommodate co-locating of communications equipment of at least one other vendor/provider in order to minimize the proliferation of towers in the vicinity of this site. In addition, by executing the special use permit requested, the applicant agrees to make the tower available for lease within the structural capacity of the tower and at reasonable costs adequate to recover the capital, operating and maintenance costs of the tower location required for the additional capacity. (5) If the use of the tower structure for wireless communications is discontinued, the tower structure shall be dismantled and removed from the site within 30 days of notice by the County and the special use permit shall become void. (6) Any damage to the existing paving for the parking lot, apron, or access to the fire station resulting from the construction or operation of the tower, shall be repaired at the expense of the petitioner. (7) Public emergency communications equipment shall be accommodated at no expense to the County. 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONZNG\OHI0.2ND 2 iliilllillililllllllilllllllllillllllllllllllllllliiilillllllll liillllllllllllillllllllilllllllilllllllllllllllllllllllllillllll,r,() s / ^..~ ° s ° s ° ~~ ° a~ ~ AGENDA ITEM NO S~ ,.._ ° ,° APPEA~;ANCE REQUEST .-_ -_ - - /UBLIC HEARING ORDINANCE CITIZENS COMMENTS SUBJECT: .~ ° ° I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND'ADDRESS FOR THE RECORD. I AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW: ,° -_ ^ Each speaker will be given between three to five minutes to comment e whether speaking as an individual or representative. The Chairman will ° decide the time limit based on the number of citizens speaking on an issue, _ and will enforce the rule unless instructed by the majority of the Board to do otherwise. - ` - .° ° a ~ ^ Speaker will be limited to a presentation of their point of view only. ,~ Questions of clarification may be entertained by the Chairman. s. ° ^ All comments must be directed to the Board. Debate between a recognized e ,.~ speaker and audience members is not allowed. ° ^ Both speakers and the audience will exercise courtesy at all times. -- ^ Speakers are requested to leave any written statements and/or comments with the clerk. =_ ^ INDIVIDUALS SPEAKING ON BEHALF OF AN ORGANIZED GROUP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. ° a PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK -- ° s ° i ~~ ~ ° ~~ ~ ~~ ~~ ~~ ~ ~~ ~ ° ~ ° ~illlllllllllllllillllllllllllilllllilllllllillliilllllllillllllllllllllllillllillllilllllilllllllllllilllllllllllllllliliflllllim ~~ - / v ~. ~ ; ~mr~ October 28, 1997 Chairman and Members of the Board of Supervisors of Roanoke County, Virginia P.O. Box 29800 Roanoke, VA 24018 Re: Rezoning Request-Ernest Clark Dear Chairman and Members: This matter once again comes before the Board of Supervisors for consideration at its meeting on October 28. I would once again like to ask for a continuance in this matter and will attempt to explain the reason in this letter. One of the Proffers associated with the rezoning was the installation of a sidewalk connecting the development with the school property. The School Board has indicated that they do not want this sidewalk connecting the properties. Mr. Terry Harrington has been involved in some discussions with the School Board relating to this matter. Therefore, it is requested that the Board at its meeting on October 28, 1997 reject the Proffer relating to the sidewalk. Once this Proffer is deleted and the School Board is satisfied that it is not to be included in the rezoning, the School Board will be asked to execute an Easement for a waterline for the development. This Easement is necessary for the total development package. We have been advised that the School Board will not sign the Easement unless the Proffer relating to the sidewalk is removed and without the Easement the development will not go forward. Therefore, in order to accommodate the time schedule, it is requested that the Board at its meeting on October 28, 1997 reject the Proffer relating to the sidewalk and thereafter continue the matter until the next scheduled public hearing date for the Board. This will enable us to request the School Board to grant the necessary Easement for the waterline. Chairman and Members of the Board of Supervisors of Roanoke County, Virginia October 28, 1997 Page 2 Your cooperation in this matter is appreciated. Very truly yours, ~~ v Ernest Clark EC/laf cc: Edward A. Natt, Esq. Mr. Bradley Graham S-Jv PETITIONER: ERNEST CLARK CASE NUMBER: 22-7/97 Planning Commission Hearing Date: July 1, 1997 Board of Supervisors Hearing Date: October 28, 1997 1~-~' ~~~e~nbe~t£s~1~1~r'~ A. REQUEST Petition of Ernest Clark to rezone 9.77 acre from R-1 Conditional to R-1 to construct single family residences, located at the south side of Woodhaven Road, approximately 0.5 mile east of its intersection with Green Ridge Road, Catawba Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt questioned if sewer and water were available to the property. Ms. Scheid said that it is. Mr. Robinson asked what the lot sizes would be. Mike Webb, representing the petitioner, said they would be 80-85 feet. D. PROFFERED CONDITIONS 1) One 20-foot wide pedestrian easement is to be provided between the public roads system and the property of the Roanoke County Board of Supervisors in a location acceptable to the developer and School Administrative staff that would be suitable for pedestrian and non-motorized traffic. Any and all improvements with this access shall be the responsibility of County. E. COMMISSION ACTION(S) Ms. Hooker moved that the Commission recommend approval of the rezoning request with proffered conditions. The motion carried with the following roll call vote: AYES: Hooker, Robinson, Thomason, Witt NAYS: None ABSENT: Ross F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Terrance H ington ecretary Roanoke ounty anning Commission 1 . ~ ~ !~ 0821 Ardmore Drive Roanoke, VA 24019 July 3, 1997 Mr. Terry Harrington Director of Planning & Zoning County of Roanoke T.C. Bcx 29'00 Roanoke, VA 24018 Re: Rezoning of Tax Parcels 37.05-1-1 and 37.05-1-2 Comm: 97-94 Dear Mr. Harrington: As agreed at the July 1, 1997 meeting of the Roanoke County Planning Commission, I, as owner, voluntary agree to the following as a condition of rezoning Tax Parcels 37.05-1-1 and 37.05-1-2: One twenty foot wide pedestrian easement is to be provided between the public roads system and the property of the Roanoke County Board of Supervisors in a location acceptable to the developer and School Administrative staff that would be suitable for pedestrian and non- motorized traffic. Any and all improvements with this access shall be the responsibility of County. Please attach this proffered condition to my rezoning application for presentation to the Board of Supervisors on August 19, 1997. If you have any questions, please call. y truly yours, Ernes Clark EC:mgs Copy to: Mr. Brad .Graham r .~ l/ l ~ 5-e tJ County of Roanoke Department of Planning and Zoning Memorandum TO: Planning Commission FROM: Jon Hartley DATE: June 19, 1997 RE: Request of Ernest Clark to rezone 9.77 acres from R-1 with conditions to R-1 to construct single family residences, located on the south side of Woodhaven Road, 0.5 mile east of its intersection with Green Ridge Road. The property in question was originally rezoned in April 1988 from R-1, Single Family Residential, to R-5, Residential to allo~r~ the construction of 70 townhouse units (35 duplex units) to be constructed on public roads. This proposal was approved by the Commission and Board with the follov~~ing conditions. 1. Project will be in substantial conformity with the site plan of T. P. Parker & Son, submitted; _ 2. Streets will be developed in accordance with state standards and submitted for acceptance into state secondary system; 3. Units will be similar to design submitted; 4. A pedestrian footpath easement in at least two locations from the public streets within the subdivision to the adjoining school property will be shown on the recorded plat of development; and 5. Ten year storm detention will be provided with a two year storm release. The site plan submitted ~is attached as are copies of the submitted building designs. -~-~ Since 1988, the property has remained undeveloped, although more detailed .plans were reviewed by the County. In 1992 the property was rezoned under the ~- i ~ Comprehensive Countywide rezoning. To remain consistent with all of the surrounding areas, the property was changed back to R-1, but retained the right to develop townhouses under the conditions cited above. Since the concept plan was proffered as a condition, no other layout or scheme of development can be considered until the conditions are revised or removed. The owner is asking that all of the proffered conditions be removed in order to allow the development of 32 single family residences. Staff has reviewed conceptually the proposed development plan and inspected the site. Some of the issues addressed in the 1988 conditions are now handled administratively, including requirements for the design and construction of public roads, and construction of a storm water detention basin. Other conditions, such as the proffered layout or design, are not normally addressed in single family developments. Given. these factors, removing the conditions would reduce the density of development, consistent with the surrounding area, and in turn reduce the overall impacts on roads and community facilities that the development of this property might have. The one existing condition ~ staff would suggest retaining in some form is the requirement for pedestrian access between the public roads in the development and the school property to the south. Frequently properties which are adjacent to a school on a dead end street become an unofficial corridor for student foot and bicycle traffic during school session. Attempts to control this type of access has been somewhat controversial and problematic to the school administration. To meet what the staff and school administration perceive as a critical need, it is recommended that one pedestrian access easement be provided. STAFF RECOMMENDATION Staff recommends that the proposed request be approved with the suggestion t..at the following statement be substituted as a condition: 1. One twenty foot wide pedestrian easement is to be provided between the public roads system and the property of the Roanoke County .Board of Supervisors in a location acceptable to the developer and School Administrative staff that would be suitable for pedestrian and non-motorized traffic. Any and -all improvements associated with this access shall be the responsibility of County. ;• • ~ 1' . ~ ' 1 " t s x. ~~ - a9 < a z~;~ ~ „ a z ~ ~. ,.4 o~=- cy, ~~4` ~ - ~ \ \4`~o i ~ n rk e .] ~i, ~ \ .,\ / ~ o __ \~ \ N /~ S ~ U 2 _ n 9 0~9 _ ~ \' R ` -.~ ~~99 ~ ~I ~ I I _ ~ ~-- ~ =o i9~~ - ~ -- Ij 'L J q V ~xt7M 7nvn~ n ~~ ° - - ~ I I v.~,~ ~s ~ _- Z ~~ -- III ~ I (^i-~_ ~- ~~`~''') .~ ~ _ ~~ ~ 9 ~ ~ ~ - J- 3 t 3 --- ` 1 --,~ ~ ~^- - ~a . - l! -~---~ ~ I =--~ / °3~- >3:~ °yOb ~ ~ r~°~ -- N3~yH ~-~ 4~~h `~~M~ A Y a~ ~~ ~o M O T ~ - ~~d~ og~0 :2~n ~ ~s - L S! 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C~ ®~ L.1 . ~ +~ ,~/( ~'~~,<Y^~ ~ =lC~C.'-emu 1 7~~/' ~~?a7.:_. ~..~ t ss -,, ~s lr~~~~ ;, ~ ~ ~ - ~J~~~i~ r _ .~ 1,~ y S:'Y- ~~ - - - . j irk^'_~r~ 'y__ ~S_;~^.~,_ _ _ __ ') :' i '~, Y.. - ~~.~_ ,I.. ' .. _~R~+ - _ _!~ • t _ ~ tic.. --+.: ~ _ ~ _-- __ ^~?r -_- - 's=- _ _'_ `Ss _ _ _' _ 'k r Yi ~.'C- 4 -_ - r..~~G .'Y ~tv --~_' _ - _,~ .. _ J ^ 'Std ~>~'~r.`-- - _' ..t_ .a%i:7:.` _ _ _ _ _. _y Check type of application filed (checSc ail that apply): ® REZONING ^ SPECIAL USE ^ VARIANCE Applicant's name: Ernest Clark Phone:563-5605 Address: 6821 Ardmore Drive Zip Code:2 ' 019 Roanoke, VA Phone: 563-605 Owner's name: Ernest Clark re Drive 6821 A Zip Code: 2•'_019 tmo Address: Roanoke, VA Location of property: ~ South side of Tax Map Number: 37.05-1-1 & 37.05-1-2 Woodhaven Road approximately on Magisterial District: Hollins halfmile east of its intersects Community Planning Area: Size of parcel (s): Existing Zoning: R-l, Conditional ' 9.77 acres Existing Land Use: One single family home sq.ft. f- `~`.:r ,-~- , r; .:: • - Proposed Zoning: ; R-1 Proposed Land Use: Single Family Re=i dential Foy Starr us- c-::~ ~~ us° 'Y~°~ Does the parcel meet the minimum lot area, ti•~icth, and frontage requirements of the requested c:_:;;c;? YES Y _ NO IF NO, A Vr,~:~•NCE IS REQUIRED FIRST . Does the parcel meet the minimum criteria .or :-.a requested Use Type? YES x NO IF NO, A VARIANCE IS REQUIRED FIRST. If rezoning request, are conditions being pr•c;'--_~ with this request? YES NO :'~•~••7:'~• .. . . ... I'E i Variance of Section(s) of the Roanoke County Zonin g Ordinanc=_ ~.. _.~_r to: Is the application complete? Please check ii encicsed. APPLICATION WILD.' NOT EE ACCE?TED i= ,^-,NY OF THESE ITEMS ARE MISSING OR (NCOMrLi-i ~- ' Ft/S V X Consultation x Application x Justification NS V x' - g ~ /2- x ; i ' concept plan x ~` Metes and bounds description x:~;~ Water ar.d szwer application . _ ws V Application fee Proffers, if applicable x Adjoining propery owners /hereby certify that l am either the owner of the ~~ope~ty or the owner's agent or contract p~~chase~ and am acting with the knowl~dQe aid con ,ent of the owner. ~~ ~/ , __~ ~ <~ _ Ov~~ner's Signature: ~ ~ f ._ ~ r~ ~. For S~aH Use Only: . ,pplicant Ernest Clark Casc N~mbcr ~;~ .' i he Planning Commission will study rezoning and special use permit requests to determine the need a-~ justification for the change in terms of public health, safety, and general welfare. Please answer the ~clc•::ing questions as thoroughly as possible. Use additional space if necessary. ;Lease explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well ~s tie purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. 1. The rezoning reduces the density of~possible development on the ~-operty 2. The rezoning will reduce the amount of traffic and possible develeoment on the property. •3. The rezoning will reduce the demands on water and sewer for possi~le development on the property. 4. .The rezoning will establish consistent zoning in the area. ?lease explain how the project conforms to the g=~=_ral guidelines and policies contained in the Roar.c<~ County ~mprehensive Plan. 1. The rezoning creates consistent zoning in the area. i ?;ease descrioe the impact(s) of the request cn tip rropertY itself, the adjcining properies, acid the s•.r~ ~::ncing area, as vv e!! as the impacts on public services ar •c «ciiities, including water/se~r~e r, roads, schocls, parScs/recreation, and fire/rescue. 1. The rezoning reduces the density of possible deve:l~opment on the ~=operty_ 2. The rezoning will reduce the a:«ount of traffic for possible dez:elooment on the property. 3. The rezoning will reduce the demands, on water and sewer for possible development on the property. 4. The rezoning will establish consistent zoning in the area. _ O i -~ • i~ .. ~ ~ ~' ~ r /-: ~. ~ N ,,- ~ LU • r ~ ~\ m ~~ / ~ ~ I ~ r ~ ~ / i ~ / /`~~ ~~N _ ~ \ ~ ~ _ ~\ / ~~' M i .~ /~ __ ` ~~ ~ o ~ ~ ~ ___--~. , , _ ., ~, ~, ~_ ~ --~ ~ ~1~- D unoTU ~~ v n ~ ~- ~i ~~ j-~V _ i .-M . ~ ROANOKE COUNTY " Ernest Clark, DEPARTMENT OF DEVELOPHEN7 R1 Conditional to R-1 ~. . ~._._ ~,. ^ ~v~ii~ i i nine 5°!0 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, OCTOBER 28, 1997 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 9.77-ACRE TRACT OF REAL ESTATE LOCATED AT THE SOUTH SIDE OF WOOD HAVEN ROAD APPROXIMATELY .05 MILE EAST OF ITS INTERSECTION WITH GREEN RIDGE ROAD (TAX MAP NOS. 37.05-1-1 AND 37.05-1-2) IN THE CATAWBA MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1, CONDITIONAL, TO THE ZONING CLASSIFICATION OF R-l, WITH CONDITIONS UPON THE APPLICATION OF ERNEST CLARK WHEREAS, the first reading of this ordinance was held on June 24, 1997, and the second reading and public hearing was continued from September 23, 1997 to October 28, 1997; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 1, 1997; and WHEREAS, legal notice and advertisement has been provided as required by law. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the zoning classification of a certain tract of real estate containing 9.77 acres, as described herein, and located at the south side of Wood Haven Road approximately 0.5 mile east of its intersection with Green Ridge Road (Tax Map Numbers 37.05-1-1 and 37.05- 1-2) in the Catawba Magisterial District, is hereby changed from the zoning classification of R-1, Conditional, to the zoning classification of R-1, Low Density Residential District. 2. That this action is taken upon the application of Ernest Clark. ~~ ~ v 3. That in 1988 rezoning of this property the owner of the property voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, accepted and the Petitioner/Owner is now requesting be removed: ~~-ai~-'e~~-PcZ1r~Fcrr c+..,-, ~ ,L•Trrcc'cc ~' ~ ec: vixcrcr , T3-~i3r~~}l~c~l~rrl~~ ~e dew}g"., .,~....,.: ~~..,a _ 4. That the owner of the property voluntarily proffers in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) One 20-foot wide pedestrian easement is to be provided between the public roads system and the property of the Roanoke County Board of Supervisors in a location acceptable to the developer and School Administrative staff that would be suitable for pedestrian and non- C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\CLARK.RZN 2 ., .,d- ~ i~ motorized traffic. Any and all improvements with this access shall be the responsibility of the County. 5. That said real estate is more fully described as follows: BEGINNING at a point on the southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) being a common corner of the property of Minnie G. Lewis and Stafford Lewis, as recorded in the aforesaid Clerk's Office in Deed Book 589, page 196, the northwesterly corner of the point of Beginning in the herein- described tract; thence leaving the aforesaid southerly right-of-way of Wood Haven Road (Virginia Secondary Route 628) with the common line of the aforesaid Lewis property (DB 589, page 196) and the herein-described tract, S. 48° 42' 49" E. passing the common corner of the aforesaid Lewis property (DB 589, page 196) and the property of Ebenezer Baptist Church as recorded in the aforesaid Clerk's Office in DB 1125, page 664 and passing the a common corner of the aforesaid Ebenezer Baptist Church Property (DB 1125, page 664) and the property of Roy E. Lewis and Christine E. Lewis, DB 1120, page 161, in all a total distance of 888.35' feet to an existing set stone; said point being a common corner of Roanoke County School Board as recorded in DB 597, page 112 and the northeasterly corner of the herein-described tract and on the southerly line of the aforesaid Roy E. Lewis property (DB 1120, page 161); thence leaving the property of the aforesaid Roy E. Lewis (DB 1120, page 161) and with the common line of the aforesaid Roanoke County School Board (DB 597, page 112) and herein-described tract, S. 37°59' 18" W. a distance of 244.27 feet to an existing set stone, said point being the southeasterly corner of the herein-described tract; thence continuing with a common line for the aforesaid Roanoke County School Board (DB 597, page 112) and the herein-described tract, N. 73° Ol' 00" W. a distance of 890.55 feet to a point, said point being the common corner of the aforesaid Roanoke County School Board (DB 597, page 112) and the property of the Roanoke County Board of Supervisors as recorded in the aforesaid Clerk's Office in DB 1120, page 228 and the southwesterly corner of the herein-described tract, being on the northeasterly line of the property of Duane Williams and Alice D. Williams, as recorded in the aforesaid Clerk's Office in DB 947, page 572; thence leaving the aforesaid Roanoke County School Board (DB 597, page 112) and with a common line of the aforesaid Williams property (DB 947, page 572) and herein-described tract, N. 02° 54' 07" W. a distance of 253.23 feet to a point, said point being a common corner of the aforesaid Williams property (DB 947, page 572) and the westerly corner of the herein-described tract and being situated on the southerly right-of-way of the aforesaid Wood Haven Road (Virginia Secondary Route 628); thence leaving the C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\CLARK.RZN 3 -, ~~~~ Williams property (DB 947, page 572) and with the southerly right- of-way of the aforesaid Wood Haven Road (Virginia Secondary Route 628) and herein-described tract, N. 52° 35' 33" E. 437.29 feet to the point of Beginning, and containing 9.603 acres, more or less, and being further described as Tax Map Nos. 37.05-1-1 and 37.05-1-2. 6. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 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. C:\OFFICE\WPWIN\WPDOCS\AGENDA\ZONING\CLARK.RZN 4 ~ -- i v y '~~ } L L ~ w"" ~~ October 28, 1997 Chairman and Members of the Board of Supervisors of Roanoke County, Virginia P.O. Box 29800 Roanoke, VA 24018 Re: Rezoning Request-Ernest Clark Dear Chairman and Members: This matter once again comes before the Board of Supervisors for consideration at its meeting on October 28. I would once again like to ask for a continuance in this matter and will attempt to explain the reason in this letter. One of the Proffers associated with the rezoning was the installation of a sidewalk connecting the development with the school property. The School Board has indicated that they do not want this sidewalk connecting the properties. Mr. Terry Harrington has been involved in some discussions with the School Board relating to this matter. Therefore, it is requested that the Board at its meeting on October 28, 1997 reject the Proffer relating to the sidewalk. Once this Proffer is deleted and the School Board is satisfied that it is not to be included in the rezoning, the School Board will be asked to execute an Easement for a waterline for the development. This Easement is necessary for the total development package. We have been advised that the School Board will not sign the Easement unless the Proffer relating to the sidewalk is removed and without the Easement the development will not go forward. Therefore, in order to accommodate the time schedule, it is requested that the Board at its meeting on October 28, 1997 reject the Proffer relating to the sidewalk and thereafter continue the matter until the next scheduled public hearing date for the Board. This will enable us to request the School Board to grant the necessary Easement for the waterline. ,w ~ • Chairman and Members of the Board of Supervisors of Roanoke County, Virginia October 28, 1997 Page 2 Your cooperation in this matter is appreciated. Very truly yours, ~ ~`~, ~.~ Ernest Clark EC/laf cc: Edward A. Natt, Esq. Mr. Bradley Graham 5 !~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE 102897-20 AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW 15-FOOT DRAINAGE EASEMENT ACROSS 3.07 ACRES OF LAND ON THE WEST SIDE OF DORSET DRIVE (TAX MAP #76.10-5- 33.1), PROPERTY OF DANNY A. GILBERT AND LINDA K. GILBERT WHEREAS, by subdivision plat entitled "Plat of Section No. 1 SUGAR LOAF MOUNTAIN ESTATES", dated November 18, 1968, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 24, a 15-foot (15') drainage easement was shown and created across the remaining property of Double-R Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, consisting of 3.07 acres of land and lying on the west side of Dorset Drive in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, and designated on the Roanoke County Land Records as Tax Map No. 76.10-5-33.1, was conveyed by deed dated April 30, 1987, and recorded in the aforesaid Clerk's Office in Deed Book 1261, page 1433, to Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, the current owners of the property; and, WHEREAS, in connection with a County drainage improvement project to reduce and/or eliminate storm water runoff from an existing inadequate system, designated as Drainage Project P-164, the drainage across the Gilbert property is to be redirected, which requires relocation of the drainage easement; and, WHEREAS, by deed of easement dated April 25, 1997, Danny A. and Linda K. Gilbert have conveyed a new drainage easement to the Board of Supervisors of Roanoke County, subject to and in exchange for vacation of a portion of the existing drainage easement; and, WHEREAS, the County's engineering staff has recommended and approved the relocation, which will allow for improved storm water management and will serve the public interest; and, WHEREAS, §15.1-482(b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on October 14, 1997; and the public hearing and second reading of this ordinance was held on October 28, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 15' drainage easement across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, shown cross-hatched and designated as "EXIST. DRAINAGE EASEMENT (P.B. 7, PG. 24) TO BE VACATED" upon the'Plat Showing Drainage Easement Being Granted To The Roanoke County Board Of Supervisors By Danny A. Gilbert & Linda Kay Gilbert', dated 28 December 1994, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, in exchange, acquisition and acceptance of a new 15' easement for drainage purposes across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, 2 husband and wife, designated and shown as "NEW DRAINAGE EASEMENT" upon the above-described plat attached hereto as Exhibit A, be, and hereby is, authorized and approved; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482(b) of the Code of Virginia (1950, as amended). On motion of Supervisor Eddy to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: y~-h-,-~...,.~ Q.~-t~~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Engineering and Inspections Terry Harrington, Planning and Zoning John Birckhead, Real Estate Assessment Paul Mahoney, County Attorney 3 a .. ~ m N H • ~ U' Cn H U W W H Q a a ~ ' ~ F W W h W fn H ~ ~ H H W (~ ~ F- Li a21 F-- W RC ~ Q H Q a w z W H O 1- W [:, ~ O~ a c~v z O~ D ~ m O W .. H H ' W S< H a S 3¢ H O -i C7 O O rS H ~ a r~ NSW ' E Q Cal z~¢ Y O W F~ O - Q N Z ~7 Z 2 0 >- O C7 W a d CJ ~ W o o p.i ~ H U Z Z 2 m 0 ~l W p W ~ W ~~ 3 W V H 0 ~~ W z O U x W~~~~ W Z cn O O a O ~ "~ a _. ~zoa ~ 2 H O D w `~gaaH = Q w S ~ E- x Q E h ~ aC ~ = ~ h ti ti ~ z ~ ~~~ ~ W -~ 0 ~ h .. O d O~ Q h ~~ ~ w ~" ~ W ~ Z D O Z ~ p ¢ (Q W rii co~~ tio~ ~ ~ N ~ Q ~~ ~~~~ ~ 6 ` U.Q~~1 rr ~ ~" o ~ O ~ j'YO~ . c- ~- c' h ~•.6 ~ W o o~ 62 '.. ~ ~ ~~ \ Y d ~ r a ~ ri dC a~ ~ ! ~ ~'~ ~- ~.a y\~ C ~ r i1. s o \ , a. o 6 O~ ~y b 3 , ~ ~ ~\ O/ • , ~ ,r aC` '~ ~ '~.Q \ ''.r \- - ~ n w Z ~, - -_ ~~- ~,o ~' `-1 x ~e 2d~' ~ ~._ s ~ ¢N _ ti~ ~ ..: ewe - ~ .n ~4.~ ~ C u _ jVi 3~u. 66'.9 ~. W~ jKa \ 0 hR ~ V ~?- ~W N . ~QN ~Zm , W `.h~ a~ cZc~ ti+ ~~ ~ ~~ ' Q ~~ ~ ~~ 'ti ~ v ~ E%HIBIT A U ygw ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: October 28, 1997 AGENDA ITEM: Request to vacate a portion of an existing 15 ft. drainage easement and acceptance of a new 15 ft. drainage easement recorded in Plat Book 7, Page 24, across 3.07 acres on the west side of Dorset Drive, situated in the Windsor Hills District. COUNTY ADMINISTRATOR'S COMMENTS: G~~~ j~~~ EXECUTIVE SUMMARY: The petitioner, Roanoke County Engineering and Inspections Department, on behalf of Mr. and Mrs. Gilbert, the property owners, is requesting that the Board of Supervisors vacate a 15 ft. drainage easement and accept a new 15 ft. drainage easement, as described by ordinance (see attached map). SUMMARY OF INFORMATION: The current property owners have been experiencing stormwater runoff from an existing inadequate system. Roanoke County as a part of our maintenance program agreed to improve the stormwater system, and vacate the 15 ft. drainage easement, in return for the property owners granting a new 15 ft. drainage easement to Roanoke County. The drainage improvements have been completed, and the new 15 ft. drainage easement has been conveyed to the County. Therefore, Roanoke County as a part of our contractual agreement with the property owners is requesting the Board of Supervisors to vacate the existing 15 ft. drainage easement, as shown on the attached plat and accept a new 15 ft. drainage easement. S-~~ Roanoke County staff is requesting that the described drainage easement be vacated in accordance with Chapter 11, Title 15.1-482(b), Code of Virginia, 1950, as amended, by the adoption of the attached ordinance. Roanoke County staff has no objections to this vacation. A public hearing and second reading is scheduled for October 28, 1997. A first reading of the proposed ordinance was held on October 14, 1997; STAFF RECOMMENDATION County staff recommends that the Board of Supervisors adopt the proposed ordinance to vacate the 15 ft. drainage easement and accept a new 15 ft. drainage easement located on the west side of Dorset Drive (Tax Map No. 76.10-5-33.1). U Arno`Id'Covey, Director of Engineering & Inspec ons ACTION Approved () Motion by: Denied ( ) Received ( ) Referred To c: Paul Mahoney, County Attorney APPROVED BY: s~~ ~~ Elmer C. Hodge County Administrator VOTE Eddy Harrison Johnson No Yes Abs Minnix Nickens 2 f~ W ti 2 ~`QN o~~ oo~ ~ ~~~~ h F ~~ J r Q Q 0 ~ ~ ~ ~ o 1 ~ h Z 0 p W v j ~ ~ ~.. ~ O ~ ~ o r ~~ ~~~ O ti ~ ,; v ~.. ~ ~a ti ~ .c. w Q Er y _ 2 ~.c- P ~ '~ 2 Z -~ ~ .r \ r` .ilk ~ ~ j o- o. dG 2,\ ~ r ~ Wis. ~ :~ a\ y\~ c` ~ r J~~ O\\ O ~r.~ _ ~ s O ~+C- _ F~ ~ 'd' ~ 1 '~,O r ~ `s ~ ~, 1 c ~~~~ - ~ - \ ~=-~ l"==~.. ~ ~`'1 Z y --~- ~ ~. ~,~ _ ° ~ i,,.~ y ~ 2 ~_~ ?~~~.~ ~~ ~ ~ ~: ~~~ ~. . ~~ ` .. 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YV1 .C ~ ~\ O/ ~( ~. 4Y ~ 1 '~O s~ ".r r F ` ~~ -- " - ~6 f _,~~ \ ~ Z~ --_ ~ W ~ s \ / w ° ~~ i 2ti ~ ~~ ~ ~ W _- ~ o` c~~. ~ o r~nv \ - ~~ = ~ Q `F' ~ ~v~ C ' ~` ~ ~ -,,r ~S6 jvi 3~u. 66:9 ~ W H ,., '~ a° ~ ~ 6y w ~~ ~~' u \ r. W ~ J ~ R 0 r~ ~ V R )- ~W N ~ ~ 1 ~ Q N ~ ~~- ~¢C 04 c7 c, ~'C \ Z M Q ~ ~ hc~ ° ~ ~ s. Z ~ ~4 ~~ v r~ ~ Q ~ m~ t~U ~q v E%HIBIT A S~ 11 S-II AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EXISTING 15-FOOT DRAINAGE EASEMENT AND ACCEPTANCE OF A NEW 15-FOOT DRAINAGE EASEMENT ACROSS 3.07 ACRES OF LAND ON THE WEST SIDE OF DORSET DRIVE (TAX MAP #76.10-5-33.1), PROPERTY OF DANNY A. GILBERT AND LINDA K. GILBERT WHEREAS, by subdivision plat entitled "Plat of Section No. 1 SUGAR LOAF MOUNTAIN ESTATES", dated November 18, 1968, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 7, page 24, a 15-foot (15') drainage easement was shown and created across the remaining property of Double-R Corporation; and, WHEREAS, a portion of said remaining property, over which the drainage easement is shown, consisting of 3.07 acres of land and lying on the west side of Dorset Drive in the Windsor Hills Magisterial District of the County of Roanoke, Virginia, and designated on the Roanoke County Land Records as Tax Map No. 76.10-5-33.1, was conveyed by deed dated Apri130, 1987, and recorded in the aforesaid Clerk's Office in Deed Book 1261, page 1433, to Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, the current owners of the property; and, WHEREAS, in connection with a County drainage improvement project to reduce and/or eliminate stormwater runoff from an existing inadequate system, designated as Drainage Project P-164, the drainage across the Gilbert property is to be redirected, which requires relocation of the drainage easement; and, WHEREAS, by deed of easement dated April 25, 1997, Danny A. and Linda K. Gilbert have conveyed a new drainage easement to the Board of Supervisors of Roanoke s-~ ~: County, subject to and in exchange for vacation of a portion of the existing drainage easement; and, WHEREAS, the Counts engineering staff has recommended and approved the relocation, which will allow for improved stormwater management and will serve the public interest; and, WHEREAS, § 15.1-482 (b) of the 1950 Code of Virginia, as amended, requires that such action be accomplished by the adoption of an ordinance by the governing body; and, WHEREAS, notice has been given as required by §15.1-431 of the 1950 Code of Virginia, as amended, and first reading of this ordinance was held on October 14, 1997; and the public hearing and second reading of this ordinance was held on October 28, 1997. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That a portion of a 15' drainage easement across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, shown cross-hatched and designated as "EXIST. DRAINAGE EASEMENT (P.B. 7, PG. 24) TO BE VACATED" upon the 'Plat Showing Drainage Easement Being Granted To The Roanoke County Board Of Supervisors By Danny A. Gilbert & Linda Kay Gilbert', dated 28 December 1994, made by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A, be, and hereby is, vacated; and, 2. That, in exchange, acquisition and acceptance of a new 15' easement for drainage purposes across property owned by Danny Arthur Gilbert and Linda Kay Gilbert, husband and wife, designated and shown as "NEW DRAINAGE EASEMENT" upon the 2 ~' above-described plat attached hereto as Exhibit A, be, and hereby is, authorized and approved; and, 3. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish this vacation and acquisition, all of which shall be on form approved by the County Attorney. 4. That this ordinance shall be effective on and from the date of its adoption, and a certified copy of this ordinance shall be recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in accordance with Section 15.1-482 (b) of the Code of Virginia (1950, as amended). c:\wp51 \doc\agenda\drainage\gilbert.ord 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, OCTOBER 28, 1997 RESOLUTION 102897-21 CERTIFYING EXECUTIVE MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such executive meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each members knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Johnson to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson NAYS: None A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Executive Session i~ttttttttttttttttttlttlttt~ttttttttttttttttttltltt!!!!!ltil!!t!!1!!!!l11111111111111111111lliilllllll~llillllflflllillllllliillliilll _ -_ O ~~ O ~~ o ~~ ~ ~ ~~ c AGENDA ITEM NO. ._ _. - - APE (.~ R~QVE~T . -_ - s PUBLIC HEARING ORDINANCE CITIZENS COMMENTS - s ~~ s_ ~~ v SUBJECT: ~ 0 ~ ~~C~ - I would like the Chairman of the Board of Su ervisors to reco nize me Burin the P g g _. meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS .` ®: FOR THE RECORD. I AGREE TO ABIDE BY~~ THE GUIDELINES LISTED BELOW: s e~ 4 . ~~ ® Each speaker will be given between three to five minutes to comment c whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, ,= c and will enforce the rule unless instructed by the majority of the Board to = do otherwise. ~ _ =.. ~ s r ~ ® Speaker will be limited to a presentation of their point of view only. ;= Questions of clarification may be entertained by the Chairman. ® __ ® All comments must be directed to the Board. Debate between arecognized = speaker and audience members is not allowed. s~ - ® - ® Both speakers and the audience will exercise courtesy at alI times. e - - ^ ~ Speakers are requested to Ieave any written statements and/or comments e wath the clerk. o - - ® IND.IVID UALS SPEAKING ON BEHALF OF AN ORGANIZED GRO iIP SHALL FILE WITH THE CLERK AUTHORIZATION FROM THE GROUP ALLOWING THE INDIVIDUAL TO REPRESENT THEM. - ~- _. ~ .~ PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK - a ~ .~ ~ ~ .n. - ~ as - a ~~ a~ ~~ s~ ~~ ~~ ~ ~~ .® ~~ ~~ ~~ ~~ ~iiiiiiiltiiiii[Illiliililllllllllllili11111!lliiilllll11111111ti11111i1ii11illlltlii111111/lltilliillltllliilltilllllllliillliilm O~ ROANp~~ ~' A z c> 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 24018-0798 CLERK TO THE BOARD (703) 772-2005 FAX (703) 772-2193 November 3, 1997 Mr. Henry H. Wise 7594 Countrywood Drive, SW Roanoke, VA 24018 Dear Mr. Wise: BRENDA J. HOLTON DEPUTY CLERK The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Grievance Panel. Citizens so responsive to the needs of their community and willing to give of themselves and their time are indeed all too scarce. I am pleased to inform you that, at their meeting held on Tuesday, October 28, 1997, the Board of Supervisors voted unanimously to reappoint you as an alternate member of the Grievance Panel for another three-year term. Your new term began on October 21, 1997 and will expire on October 21, 2000. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, `,nau~, ~~ p.~c-e.e-," Mary H. Allen, CMC Clerk to the Board of Supervisors MHA/bjh Enclosures cc: Joseph Sgroi, Director, Human Resources ® p~~ p~ O~ ROANp~.~ z ~~ o ~z 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 October 30, 1997 Mr. David Shelor 5502 Glenvar Heights Boulevard Salem, VA 24153 Dear Mr. Shelor: BRENDA J. HOLTON DEPUTY CLERK am pleased to inform you that, at their meeting held on Tuesday, October 28, 1997, the Board of Supervisors voted unanimously to appoint you as the member representing the Catawba Magisterial District on the committee to establish guidelines and policies for placement of communications towers. This committee was established by the Department of Planning and Zoning and is being expanded to include an additional citizen representative from each of the five magisterial districts. Mr. Terrance L. Harrington, Director of Planning and Zoning, will be in contact with you regarding the date and time of the meetings. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Terrance L. Harrington, Director, Planning and Zoning ® Recyded Paper O~ ~OANp~~ G ti :, Z '> L7 z ~ a~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (703) 772-2005 FAX (703) 772-2193 October 30, 1997 Mr. David Jones 5207 Burnt Quarter Drive Vinton, VA 24179 Dear Mr. Jones: BRENDA J. HOLTON DEPUTY CLERK I am pleased to inform you that, at their meeting held on Tuesday, October 28, 1997, the Board of Supervisors voted unanimously to appoint you as the member representing the Vinton Magisterial District on the committee to establish guidelines and policies for placement of communications towers. This committee was established by the Department of Planning and Zoning and is being expanded to include an additional citizen representative from each of the five magisterial districts. Mr. Terrance L. Harrington, Director of Planning and Zoning, will be in contact with you regarding the date and time of the meetings. State law provides that any person elected, re-elected, or appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. We are also sending you a copy of the Conflict of Interest Act. On behalf of the Supervisors and the citizens of Roanoke County, please accept our sincere thanks and appreciation for your willingness to accept this appointment. Sincerely, Mary H. Allen, CMC Clerk to the Board of Supervisors bjh Enclosures cc: Terrance L. Harrington, Director, Planning and Zoning ® Recycled Paper o~'~OANp~~ ~ , A `: 9 2 ... , L7 2 v a~ 1838 MARY H. ALLEN, CMC CLERK TO THE BOARD P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (7031 772-2005 FAX (703) 772-2193 October 29, 1997 Mr. William F. Caton, Acting Secretary Office of the Secretary, Room 222 Federal Communications Commission 1919 M Street, NW Washington, DC 20554 Dear Mr. Caton: BRENDA J. HOLTON DEPUTY CLERK Attached is a copy of Resolution 102897-03 opposing the proposed ruling by the federal Communications Commission to preclude local government authority in determining the location of digital television towers. This resolution was unanimously adopted by the Board of Supervisors at their meeting on Tuesday, October 28, 1997. If you need further information, please do not hesitate to contact me. Sincerely, `~-t-~r-'~~ c-`.c-c-~`' Mary H. Allen, CMC Clerk to the Board of Supervisors Attachment cc: The Honorable John W. Warner, U. S. Senate The Honorable Charles S. Robb, U. S. Senate The Honorable Robert W. Goodlatte, U. S. Representative The Honorable Rick Boucher, U. S. Representative Wayne Strickland, Executive Director, 5PDC Participating localities: Alleghany County Administrator Botetourt County Administrator Clifton Forge City Manager Covington City Manager Craig County Administrator Roanoke City Manager Salem City Manager Vinton Town Manager ® RecyGed Paper ~~"~' ,i. GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 September 12, 1997 Mr. Elmer C. Hodge County Administrator County of Roanoke P.O. Box 29800 Roanoke, Virginia 24018 Dear Mr. Hodge: f. !, 1_.~~ ff We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended June 30, 1996 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: The Finance Staff, County of Roanoke, VA. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1996 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICEAR'9SnASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 September 12, 1997 NEWS RELEASE For information contact: Stephen Gauthier (312) 977-9700 (Chicago)--The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: COUNTY OF ROANOKE by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: THE FINANCE STAFF, COUNTY OF ROANOKE, VA The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: 804/890-3399 James O. McReynolds Finance and Management Director County of York P.O. Box 532 Yorktown, VA 23690-0532 804/890-3700 ROANp~ ~ F ti '^ A Z J a 7838 ~ ';~~`~-'~ is ~~xx~~a.~.~e ~ ~W~ ~. _.}_~~ ~ ~~ ~'~` ~ ~ ~~~ ~~~ ,.'.rt FIRE AND RESCUE DEPARTMENT /7 ~ - ~~n ~R+E+i~rRE?~~: Bt1RC1-i;-,~R:--- t~. ~-i CHIEF TO: FROM: DATE: Assistant County Administrator John Chambliss - County Attorney Paul Mahoney Chief Richard E. Burch, Jr. Q g.Q October 10, 1997 SUBJECT: Nomination to Code Appeals Board ~~~ : ~ ~~ . l I have received the attached memo from Fire Marshal Donald Gillispie recommending J. A. Hendricks to the fire prevention code appeals board. Please review this nomination and let me know how we need to proceed with this appointment. If you have any questions, please contact me. Thank you. c: Willie Howlett Donald Gillispie - ~~~-S ~~ , 3568 PETERS CREEK ROAD NW • ROANOKE. VA 24019 • (540) 561-8100 FAX TELEPHONE (540) 561-8108 ® Recycled Paper O~ FtOANp~~ ~ ~~ ~ (-r1~ ~-~2 ~ 2 v a ~"~ FIRE AND RESCUE DEPARTMENT RICHARD E. BURCH, JR. CHIEF TO: Chief Richard E. Burch, Jr. ~~ FROM: Battalion Chief Donald Gillispie~~ DATE: October 2, 1997 SUBJECT: Nominee to Code Appeals Board I would like to submit the following individual for nomination to the building code appeals board, to serve as an alternate for fire prevention code appeals: J. A. Hendricks, Jr. 8214 Hunters Trail Roanoke VA 24019 Phone 362-5352 Mr. Hendricks is very qualified to serve in this position and has agreed to do so if appointed. He is retired from the Virginia State Fire marshal's office where he served as building code supervisor. He presently is employed part-time at Virginia Tech, as project engineer for fire protection systems. His work experience includes the following: Virginia State Police as officer on the road Virginia State Fire Marshal's office performing arson investigation, plan reviews, inspections and code enforcement Nationwide Insurance Company as investigator and adjuster 3568 PETERS CREEK ROAD NW • ROANOKE, VA 24019 • (540) 561 -8100 FAX TELEPHONE (540) 561 -8108 ® Recycled Paper ,. Hendricks Page 2 Education includes: Associates Degree in Architecture Engineer Technical Assistant -certificate Code Administrator -certified Building Inspection -certified Plans Review Fire Protection Equipment -certified Inspector II -certified I feel that this individual has credentials that more than qualify him to serve on the County's appeals board. Thank you. CLERK TO THE BOARD N T E R MEMO O F F I C E To: Board of Supervisors, Elmer Hodge, Paul Mahoney, John Chambliss, Don Myers, Anne Marie Green From: Mary H. Allen Subj: Joint Meetings with Roanoke City Council Date: January 30, 1997 The joint meetings with Roanoke City Council have been scheduled for 1997. Please calendar them as follows: Tuesday, March 11, 1997 (Roanoke County Host) Monday, July 7, 1997 (Roanoke City Host) Tuesday, October 28, 1997 (Roanoke County Host) Please note that when Roanoke County hosts, the meeting is scheduled for our regular meeting date, and when Roanoke City hosts it is scheduled for their regular meeting date. Specific times and places will be determined closer to the meeting date, but they will probably begin around noon with lunch. Call me if you have any questions. CC: Brenda Holton O~ ROANp~.~ ~. ~~ 2 ~' a~ 1838 C~~~xx~# ~a~ ~~xx~~.~.~e DEPARTMENT OF ECONOMIC DEVELOPMENT MEMO To: June Stephenson From: Timothy Gubala, Director ~~~' Subject: Barnes & Noble grand opening Date: September 22, 1997 /~ - r28 - q~ 7 I am forwarding a draft agenda for the ribbon cutting at the preview/soft opening of the new Barnes & Noble Bookstore at Tanglewood Mall in Roanoke County scheduled for 6 p.m. on Tuesday, October 28, 1997: Welcome - Jeanette Arsenault, Store Manager Comments - O. H. "Fuzzy" Minnix, Roanoke County Board of Supervisors Comments - Corporate representative, Barnes & Noble Comments - Judy Tullius, Kane Realty (Tanglewood Mall Manager) Ribbon Cutting Ceremony Our office will work with you on the details and logistics of the ribbon cutting. We have mailing lists for various elected officials, media contacts and business leaders that you may wish to invite to the soft opening. I have also shared information about the opening with Ms. Pat Avise, Executive Director of the Roanoke Symphony Orchestra, since I am aware of their interest in Barnes & Noble. I understand that they will be contacting you separately about their interest in participating in the preview event. P.O. BOX 29800 • ROANOKE, VIRGINIA 24018-0798 • (540) 772-2069 • FAX NO. (540) 772-2030 ® Printed on Regcled Paper To: "Elmer Hodge" < ADMO1/ECH > Subject: Re: Work session on Oct 28 Date sent: Thu, 16 Oct 1997 11:39:52 I'll add. Maybe we can move some stuff into Nov. or Dec. Diane Hyatt said they also asked for work session on Gainsharing. Is that correct? > From: "Elmer Hodge" < ADMO l /ECH > > To : adm01 /mha > Date: Thu, 16 Oct 1997 10:49:53 +0000 > Subject: Work session on Oct 28 > Cc: adm01/pmm > Harry Nickens has requested a work session on the 28th (I know it is > busy) on BPOL. Please place on agenda; this is important. Mary allen -- 1 -- Thu, 16 Oct 1997 11:39:53 From: To: Date sent: Subject: Gainsharing -yes "Elmer Hodge" < ADMO1/ECH > "Mary allen" < ADMO1/MHA > Thu, 16 Oct 1997 14:01:09 + 0000 Re: Work session on Oct 28 Mary alien -- 1 -- Thu, 16 Oct 1997 16:28:19 MEMO To: Mary Allen, Clerk to Board of Supervisors From: A. W. Workman, Engineering and Inspections Subject: Legal Notice Date: October 9, 1997 Please advertise the following notice in The Roanoke Times: Request to vacate a portion of an existing 15 ft. drainage easement, and acceptance of a new 15 ft. drainage easement recorded in Plat Book 7, Page 24, across 3.07 acres on the west side of Dorset Drive, situated in the Windsor Hills District. Thank you. PLEASE BILL: COUNTY OF ROANOKE ENGINEERING AND INSPECTIONS DEPARTMENT P.O. BOX 29800 ROANOKE, VA 24018 From: "Pete Haislip" < GUPO1/TSH > To: "Mary allen" <ADMO1/NII3A> Date sent: Thu, 18 Sep 1997 08:58:01 + 0000 Subject: Re: Award from VPRS Copies to: adm01/ech Mary Allen, Yes, I would love to have staff do it on the 14th. I'll have Debbie take care of the details. From: "Mary alien" < ADMO 1 /MHA > To: gup01/tsh Date: Thu, 18 Sep 1997 08:11:19 +0000 Subject: Award from VPRS Cc: adm01/ech Elmer forwarded your email to me -Congratulations! Do you want to be recognized at the October 14 Board meeting? It's a big late to plan for next Tuesday. Also, I'd like to include this in the next issue of the County Signal. Can you have someone get me more info both for the recognition at Board meeting and the County Signal. M~Y~, ~ a Mary Allen, Clerk to Board 772-2003 ~D _ ~ Mary alien -- 1 -- Thu, 18 Sep 1997 10:46:57 From: "Elmer Hodge" < ADMO1/ECH > To: adm01/mha Date sent: Thu, 18 Sep 1997 07:37:58 + 0000 Subject: (fwd) Award from VRPS ------- Forwarded Message Follows ------- From: "Pete Haislip" < GUPO 1 /TSH > To: adm01/ech Date: Wed, 17 Sep 1997 16:42:07 +0000 Subject: Award from VRPS Cc: adm01/amg Roanoke County Parks and Recreation won another statewideVRPS award at this weeks conference. It was for best promotional efforts for our Therapeutic Prrograms' braile and big print reproduction of our program brochure, as well as for our audio efforts. I don't mean to brag (yes I do!) but this is the third year in a row that we have won an award. I do not know of another department in the state that has done that. Also, the city of ranoke is jealous of our success. I'm extremely proud of our T.R. staff and hope to be able to recognize them and their efforts at a Board meeting. Thought I'd let you know. / o~a P' Mary alien -- 1 -- Thu, 18 Sep 1997 08:06:04 September 15, 1997 (10:20am) NOTE TO: Mary Allen FROM: Brenda J. Holton SUBJECT: agenda oct 14 meeting Rick Showalter, 387-6172, called and asked to get on agenda for presentation from Marines of check from Mud Run benefitting Camp Roanoke. Asked for October 14 meeting at 3 p.m. Captain Ted Adams will be making presentation. Event is Sept 20 so can't make Sept 23 meeting. Any questions, call him. m o~~ ~a ~~la ~. Debbie Pitts called: October 28 Board meeting 3:00 p.m. Presentations: (1) Best Promotion Effort Award for marketing for Therapeutics Program. from VPSA. Won similar award for Camp Roanoke. (2) Marine Reserves present check for Mud Run on same day. To: "Elmer Hodge" < ADMO1/ECH > Subject: Re: Audit Committee Meeting Date sent: Wed, 1 Oct 1997 07:36:17 The Barnes and Noble Ribbon Cutting is also scheduled for 6 p :m. that day. Tim Gubala and I had talked about the Board members going there instead of dinner -There will be heavy snacks (can't spell h'or d'vours). This will evidently be a fancy opening with the Roanoke Symphony Orchestra, etc. We figured that since they will have already eaten lunch here, this would be an opportunity to get out of the building after a long day and an evening meeting ahead. Fuzzy will make comments at the opening. > From: "Elmer Hodge" < ADMO 1 /ECH > > To: adm01/ddh > Date: Tue, 30 Sep 1997 17:38:46 +0000 > Subject: Audit Committee Meeting > Cc: adm01/mha > You have scheduled an Audit meeting on Oct 28 at 2:00. That is the > same day that we have a joint meeting with the City of Roanoke. Will > that be a conflict? Mary alien -- 1 -- Wed, 1 Oct 1997 07:36:18 interoffice M E M O R A N D U M to: Bob Johnson Fuzzy Minnix Tom Leggette Marion Rourke Elmer Hodge Deanna Gordon Jerry Hardy Fred Anderson copy: Bob Collis, KPMG Mary Allen from: Diane D. Hyatt ~.~~, subject: Audit Committee Meeting date: September 30, 1997 There will be a meeting of the Audit Committee at 2:00 on Tuesday, October 28, 1997. This meeting will be held in the Board of Supervisors conference room on the 4th floor at the Roanoke County Administration Center. At this time the auditors will review their findings from the audit of the County and the Schools. We will review the year end operations at this time. M:\FINANCE\CAFR\AUDI'i19-30-97. WPD t LEGAL NOTICE Notice is hereby given to all interested persons that the Roanoke County Board of Supervisors will hold a public hearing at their 7:00 p.m. session on Tuesday, October 28, 1997, in the Board Meeting Room at the Roanoke County Administration Center, 5204 Bernard Drive S. W. on the petition of The County of Roanoke, requesting vacation of a portion of an existing 15 foot drainage easement and acceptance of a new 15 foot drainage easement recorded in Plat Book 7, Page 24, across 3.07 acres on the west side of Dorset Drive, situated in the Windsor Hills Magisterial District.. A copy of the documents related to this request may be examined in the office of the Department of Engineering and Inspections, located at the Roanoke County Administration Center. Given under my hand this ninth day of October, 1997. ~~ Mary H. Allen, CMC, Clerk to the Board Roanoke County Board of Supervisors PLEASE PUBLISH IN THE ROANOKE TIMES ON Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: County of Roanoke Engineering and Inspections Department P.O. Box 29800 Roanoke, VA 24018 e FAX TRANSMISSION ROANOKE COUNTY BOARD OF SUPERVISORS P. O. Box 29800 ROANOKE, VA 2401 8 540-772-2003 FAx: 540-772-2 193 To: Legal Advertising, The Roanoke Date: Times October 9, 1997 Fax #: Pages: From: Mary H. Allen Subject: Legal Notice COMMENTS: 2, including this cover sheet. Please advertise the attached legal notice on October 14 and October 21, 1997. If you have any questions, please call me at 772-2003. RKE BOARD SUPERI,lISORS TEL~s40-772-2183 Transmit Confirmation Report No . Receiver Transmitter Date Time Mode Pages Result 003 RT-LEGAL RKE BOARD SUPERVISORS Oct 09'97 1414 ao's~ Norm C2 OK Oct ©9'97 14 14 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the City of Roanoke (North Lakes) to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major), located 300 feet southeast of the terminus of Candlelight Circle, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: City of Roanoke Attn: Greg Reed 215 Church Ave Roanoke, VA 24011 (540) 853-2035 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Ohio State Cellular Phone Co. Inc. to obtain a Special Use Permit to construct a 190 ft. self-supporting broadcast tower, located at 5585 Catawba Hospital Drive, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ,,~. ~ ~`-P...~-e~LJ Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Roanoke County Board of Supervisors PO Box 29800 Roanoke, VA 24018 (540) 772-2005 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Maynard Manning to rezone .099 acre from R-1 to C-1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 rn~~~y ~ ~ ~~~~ Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Maynard Manning 3317 Valley Forge Ave. Roanoke, VA 24017 (540) 774-0721 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Shenandoah Homes to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ~'~'l~.J~.c~~ ~ Cc'-p--~.~J Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Shenandah Homes c/o Ed Natt PO Box 20068 Roanoke, VA 24014 (540) 774-1197 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Wendy's of Western VA to obtain a Special Use Permit to expand the existing restaurant with drive- thru window, located at 4369 Electric Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ,~~~ s~~~~ ~+ ~~^~ Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Wendy's of Western VA 3959 Electric Rd, Suite 206 Roanoke, VA 24018 (540) 774-9521 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Radford & Co. to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ~ L~~c., Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Radford & Co. 2740 Franklin Rd, SW Roanoke, VA 24014 (540) 343-5000 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the City of Roanoke (Montlcair) to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major), located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ~~.hr.c.~ ~ L~~J Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: City of Roanoke Attn: Greg Reed 215 Church Ave Roanoke, VA 24011 (540) 853-2035 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Jack F. Walrond Jr. to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building, located at 3743 Challenger Avenue, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 i~?'~~h_~ ~ Q~~~.J Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Jack Walrond Jr. c/o Magee, Foster, Goldstein & Sayers PO Box 404 Roanoke, VA 24003 (540) 343-9800 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Lowe's Co. Inc. to rezone approximately 22 acres from R-1, R-3, C-2C to C-2 in order to construct a retail store, located on Route 220 and Valley Avenue, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive, Roanoke, VA. Dated: October 9, 1997 ~ ~~~~ Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, October 14, 1997 Tuesday, October 21, 1997 Direct the bill for publication to: Lowe's Companies Inc. Attn: Don Winn PO Box 1111 N. Wilkesboro, NC 28656 (910) 658-4267 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY PLANNING DEPARTMENT P.O. BOX 29800, ROANOKE, VA 24018 Terri West-The RaanokeTimes 4540-981-3415 ~$i~ Oct. 13, 1997 09:42 AM X2/2 l o~ 13!97 The Roanoke Times Acct: 7722 OOSROA N Ph: 772-2005 BOARD OF SUPERVISORS P.O. BOX 29800 Name: ROANOKE COUNTY ~~ LEGAL NOTICE Class Rate: Dis Rate: ROANOKE COUNTY p BOARD OF SUPERVISORS The Roanoke County Board of C["edltStatUS: Supervisors will hold a public ROANOKE VA 24018 Paytype BL Rate LE Legals Source FX Class 10 Legals Start 10114197 Issues 2 Rate Iss Words....... Lines........ Depth....... Columns...... Graphic..... St Words. ^ BoxedAd Copy Line LEGAL NOTICE ROAN Sort Stringy ^ ManualSort TearSheets hearing at 7 p.m. on Tuesday, October 28, 1997, in the Boats Reply Request Meeting Room of the Roanoke County Administration Center, 5204 Bemard Drive, Roanoke, Rep: 31 VA, on the petition of Ohio State Cellular Phone Co. Inc. to obtain a Special Use Permit to ^ TFN construct a 190 ft. self supporting broadcast tower, located at 5585 Catawba Hos 2 Stop 1021197 pital Drive, Catawba Magisterial Distrid. A copy of this application is 105 Price 95 20 available for inspection in [he . Department of Planning and 28 Discount Q,QQ Zoning, 5204 Bemard Drive, Roanoke, YA. 2.46 Free Day 0 Dated: October 9, 1997 Marv H. Allen, Clerk 0 Net 95.20 (c58aaa> 0 St Tax 0.00 0 FedTax 0.00 Total 95.20 Payment 0.00 App Cr. 0.00 Balance 0.00 PraductCode PO # ohiostatecel ^ Receipt ^ Movable ^ OnHold ^ Kill Ad Comments Reason for Discount 658834 Editions DC, Terri West-The Roanoke Times 4540-991-3415 D$il Oct. 13, 1997 ~J10:14AM l o~ 13(97 The Roa noke Times Acct: 7722071ROAN Name: ROAN OKE COUNTY BOARD GF ~ Acid: ' LEGAL NOTICE ' Ph: 772-2071 Class Rate: Disp Rate: Notre is hereby given to all interested persons that the P.O. ROX 29800 CI`edltstatUS: Roanoke County Board of Supervisors will hold a public hearing a[ their 7:00 p.m. ses - sion on Tuesday,October 28, 1997 in the Board Meeting ROANOKE VA 24018-0798 Reply Request , Room at [he Roanoke County Paytype BL Rate LE Le~als Rep: 31 Administration Center, 5204 eernard give s.w. on the peti - Gon of The County of Roanoke, Source FX Class 10 Legals ^ TFN requesting vacation of a por - tion of an existing 15 foot drainage easement and accep- Start 10,' 14(97 Issues 2 Rste Iss 2 Stop l0i 21(97 tance of a new 15 foot dram- age easement recorded in Plat Book 7, Page 24, across 3.07 acres on the west side of Dor - Words....... 154 price 129 20 set Drive, situated in thewind- . sor Hills Magisterial District. Lines........ 38 Discount 0.00 A copy of the documents related to this request may be i d i h ffi Depth....... 3.31 ~ryeeDay ~ exam ne n t e o ce of the Department of Engineering and Columns...... 0 Net 129.20 Inspections, located at the Roanoke County Administration Graphic..... 0 St Tax 0.00 center. St Fords. 0 FedTax 0.00 Given under my hand this ninth aay ~ oaober, sss7. ^ BoxedAd Total 129.20 Mary H. Allen, CMC, Clerk to Roanoke County Board of Y t SUperVISOfB Copy Line LEGA L NOTICE Notic ~s5aa7a~ A Cr. 0.00 PP SortString Balance 0.00 ^ ManualSort TearSheets ProductCode PO # ^ Receipt ^ Movable ^ OnHold ^ Kill Ad Comments Reason for Discount f~ 2/2 658873 Editions DC. Terri West-The Roanoke Times 10113'97 Acct: ??~1198SHF,N Ph: ?74-119? F.O. BOX 20068 4540-981.3415 I~j Oct. 13, 1997 ~10:08AM The Roanoke Times Adid: Name: SHENANDOAH HOMES LEGAL NOTICE Class Rate: Dis Rate: ROANOKE COUNTY p BOARD OF SUPERVISORS The Roanoke County Board of CreditStatUS: Supervisors will hold a public ROANOKE VA 24014 Pay ,type BI. Rate LE Le~als Source FX Class 10 Le~als Stall 10114,'9? Issues 2 Rate Iss Words....... Lines........ Depth....... COIUmnS...... Graphic..... _ __ St Words. ^ BoxedAd Copy Line LEGAL NOTICE ROAN Sort Stringy ^ hlanualSort TearSheets hearing at 7 p.m, on Tuesday, October 28, 1997, in the Board Reply Request Meeting Room of the Roanoke County Administration center, 5204 Bernard Drive, Roanoke, Rep: 31 YA, on the petition of Shenan - doah Homes to conditionally rezone 5 acres from R-3 to C-2 ^ TFN and obtain a special Use Per- mit to bring a nonconforming use into conformity, located at 2 Stop 102119? 5300 Hawthorne Road, Hollins Magisterial Distict. A copy of this application is 108 price 95 20 available for inspection in [he . Department of Planning and 28 D15COUnt 0.00 Zoning, 5204 Bemard Drive, Roanoke, YA. 2.46 FreeDay 0 Dated: oaober 9, 1997 Mary H. Allen, Clerk 0 Net 95.20 «~~ 0 St Tax 0.00 0 FedTax 0.00 'Total 95.20 Payment 0.00 App Cr. 0.00 Balance 0.00 ProductCode PG #~ shenandoahho ^ Receipt ^ Movable ^ OnHold ^ Kill Ad Comments Reason for Discount 212 658868 Editions DC, Terri West-The Roanoke Times 4540-981-3415 ~RilOct.13,1997 ~'~10:06AM X2/2 I or I3i97 The Roa noke Times Acct: 32897000 Name: WENDYS OF WESTERN VA INC A,didc 658863 ' LEGAL NOTICE ' Ph: 7749521 Class Rate: Dis Rate: p ROANOKE COUNTY BOARD OF SUPERVISORS 3959 ELECTRIC RD CredltStatus: OK The Roanoke County Board of Supervisors will hold a public SUITE 206 hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board ROANOKE VA 24018-0000 Reply Request Meeting Room of the Roanoke County Administration Center, Pay ,type BL Rate LE Legals Rep: 31 5204 Bemard Drive, Roanoke, vA, on the petition of the ' Wendy s of Western VA to Source FX Class 10 Legals ^ TFN obtain a Special Use Permit to eland the existing restaurant wtth drive-thru window, located Start 1011497 Issues 2 Rate Iss 2 Stop 10/21/97 at 4369 Electric Road, Cave Spring Magisterial District. A copy of this application is available for inspection in [he Words....... 104 80 Price 91 Department of Planning and . Zoning, 5204 Bemard Drive, Lines........ 27 Discount 0 00 Roanoke, va . Gated: October 9, 1997 Depth....... 2.36 F+`reeDgy ~ Mary N. Allen, Clerk ~s5sas3~ Columns...... 0 Net 91.80 Graphic..... 0 St Tax 0.00 St Words. 0 FedTax 0.00 ^ BoxedAd Total 91.80 Payment 0.00 Copy Line LEGAL NOTICE ROAN App Cr. 0.00 SortString ^ M lS 13alance 0.00 anua ort TearSheets 1 ProductCode PO # wendy's ^ Receipt ^ Movable ^ OnHold ^ Kill Ad Comments Reason for Discount Editions DC, Terri West-The Roanoke Times 10/13/97 4540-981-3415 ~ Oct. 13, 1997 !910:03AM ^2/2 The Roanoke Times Acct:34350011ZADF Name: RADFORD & CO. Ph: 343-5000 Class Rate: Disp Rate: 2740 FRANKLIN RD. S.~'V. CreditStatus: ROANOKE VA 24014 Pay ,type BL Rate LE Le~als Source FX Class 10 Le~als Start 10114197 Issues ? Rate Iss Words....... Lines........ Depth....... Columns...... Graphic..... St Words. ^ Boxed Ad Copy Line LEGA L NOTICE ROAN SortString ^ ManualSort TearSheets Reply Request Rep: 31 ^ TFN 2 Stop 10121197 100 price 88.40 26 Discount 0.00 2.26 FreeDay 0 0 Net 8$.40 0 St Tax 0.00 0 FedTax 0.00 Total 88.40 Payment 0.00 App Cr. 0.00 u..t....,.,, n nn ProductCode PO ~ tadford&co. ^ Receipt ^ Movable ^ OnHold ^ Kill Ad Comments Reason for Discount LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 2$, 1997, in the Board Meeting Roam of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Radford & Co. to amend conditions on 1.14 acres zoned C-2C to con - struct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Planning and Zoning, 5204 Bernard Drive. Roanoke, YA. Dated: Odober 9, 1997 Mary H. Allen, Clerk (658861) Adid: 658861 Editions DC, Terri West -The Roanoke Times l0i 13197 Acct: 658426?LOWE Ph: 658-4267 P. O. BOX 1111 4540-981-3415 Q~ Oct. 13, 1997 ~?9:58AM X212 The Roanoke Times Name: LOWE'S COA-IPANIES, INC. Class Rate: N. WTLKESI30R0 NC 28656 Pay ,type BL Rate LE Le~als Source FX Class 10 Legals Start 1011419^, Issues 2 Rate Iss Words..... Lines........ Depth....... Columns...... Graphic..... St Words. ^ Boxed Ad Copy Line LEGAL NOTICE ROAN SortString ^ ManualSort TearSheets ProductCode PO # to ^ Receipt ^ Movable ^ On Comments LEGAL NOTICE Dis Rate: S U p BOARD O PERYISORS The Roanoke County Board of CCedltStatUS: Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 2g, 1997, in the Board Reply Request Meeting Room of the Roanoke county Administration center, 5204 Bemard Drive, Roanoke, Rep:31 YA, on the petition of Lowe's Co. Inc. to rezone approxi - ma[ely 22 ayes from R-1, R-3, ^ T FN C-2C to C-2 in ceder to con - struct aretail store, located on Route 220 and Valley Avenue, 2 Stop 10121/97 Cave Sprang Magisterial as<ria. A copy of this application is 108 Price 95 20 available for inspection in the . Department of Planning and 28 Discount 0.00 Zoning, 5204 Bemard Drive, Roanoke, VA. 2.46 Free Day ~ Dated: October 9, 1997 Mary H. Allen, Clerk 0 Net 95.20 cs5saa2> 0 St Tax 0.00 0 FedTax 0. UO Total 95.2 0 Payment 0.00 App Cr. 0.00 Balance 0.00 we's Hold ^ Kill Ad Reason for Discount Editions DC, Adid: 658842 Terri West -The Roanoke Tirnes 10/13/97 Acct: 8532035CITY ' Ph: 853-2035 215 CHURCH A~'E. 4540-981-3415 Q$~ii Oct. 13, 1997 m9:55AM The Roanoke Times Name: CITY OF ROANOKE Class Rate: Disp Rate: CredltStalil5: ROANOKE VA 24011 Pay ,type BL Rate LE Le~als Source FY Class 10 Legals Start 10'1419',' Issues 2 RateIss Words....... Lines........ Depth....... Columns...... Graphic..... St Words. ^ BoxedAd Copy Line LEGAL NOTICE ROAN SortString ^ Manual Sort TearSheets LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, October 28, 1997, in the Board Meeting Room of the Roanoke Reply Request county administration center, 5204 Bernard Drive, Roanoke, Rep: 31 vA, on the petition of the City of Roanoke (Montclair) [o obtain a Special Use Permit to ^ TFN construct a regional stormwa - ter management basin (utility services, mator), located 400 2 Stop 1012119`,' feet northwest of the intersec - tion of Ambassador Drive and Envoy Drive, Catawba Magiste - 113 price 102 00 rial District. . A copy of this application is 30 Discount 0.00 available for inspection in the Department of Planning and 5204 Bernard Drive Zoning 2.64 FreeDay 0 , , Roanoke, VA. 0 Net 102.00 Dated: odober s, 1997 Mary H. Allen, Clerk 0 St Tax 0.00 (s588S1> 0 FedTax 0.00 Total 10 2.00 Payment 0.00 App Cr. 0.00 Balance 0.00 ProductCode PO # roanokemontc ^ Receipt ^ Movable ^ (7n Hold ^ Kill Ad Comments Reason for Discount Adid: 212 658851 Editions DC, OCT 21 '97 ~8~45AM CGL HEALTH SCIENCES P.1 FRAM :~ GCkOD SAMARITAN HOSPICE ,PHONE N4. :548 775 8641 Oct. 28 1997 11:43AM P1 . fir' '. ''' lnl ~I'~ l j'~./~.7i 1~~ li ~~• .. . ~ ~ . ,. , . ,. ~, ~ I'' 1 . ~ ~ . i ~ . • i r I ,, ~ stir t 1~ `, „+ ~.. • ~ • ~.,,.~ ~ . .. . , , • . , •,~~ ~ ~ I'S1 `~~•.r' '+' ~ ~ ~,~~/ / /~~7~ ~ ~ ant ~ •,r~ ~y ~ ~ I~ ' ' ~' •^1 ~a , ~ .``~'~~ /inn : d. /~~' ~ ~• . ~ + ' ~ ~' ° ~ r ' ~ ' PAGES Y'NCI,~~ID1NG GLOVER PAC,~:,~, . ~ ~ !~ ~' ~, ~`~~ ~G ~, ~. ~ C ' ~~ ~' . Ti~isfiox A~as=ae ~' ~~ r~edad ~a/~llip~. ~'i~ icy ~ 1n ~s+ar, , • 1~ ~+ay i~r~~fj mrd e~A Goad Sama~e l~a~pfae tt. (~./0~ 7l8•AIIB ~'3sasEfettricRoa~ S.A, •,~uf~~~, • Roanoke Yl~g~faa4or8 ~ s4a77~or}$ ~ paxs4o•T7~os4r OCT 21 '97 08~45AM COL HEALTH SCIENCES FROM C+'OOD SAMARITAN HOSPICE PHONE N0. 548 776 0641 i coop x we ,' , .. A~ Cart~eq, Gonepdssto-ra~e 1~tnfat~y P.2 Oet. 28 1997 11:43RM P2 ' ' Dr. H$ny Nickeaos RoaaokeCauaty>3oaxd:of$upe~visors , ~ ~ ~ , ' ~ ~tober,ao, x997 ., ,~ >Rea~r i~x. ~iv~a>~e~s: ~ , . I 1 ' r ,' . ' , .' ~ I spoke with'you last week about obtaiairig a resolutfoa from ltosnoke ' ~ , Ndtional Hya:pica, Month. ~ ~ ~ ~ Cauaq+ regarding .' Nsttfonsl Igo ice M~ont'h~has ~ , sP been celebrated since N4vem~ber of.1978. ~r ' .Ngtional T~ospice Iviv ~ pronsoted zemeins one.of thaprimary ednaationat . . , ' gns'for 8aspica o~ ''gaaizatio~s around~ttte country. It allows #'or hei ~ ~ . ' eos~hmumty awareness, prbYideB a gxea#~r uad~ts~dia~ o#'~tl'e lmspfce co~ t tlaraucghvut coutmu~aitiea,, aad'hQnors pa#ierits and famil~+ r~aembers that h~ been Served by hospice programs. . , T13eare' ~ fou; hospice pros is tha Raaaakc 'V~lley., Good Samaritan Hospice is the ' oaly corr~aunity-based; aot-fbt~profit hospice is the itoaaolta'Valiey. We are a 50](c)(3) ~~ ' anion.' We pmvi,de m~edi~eal care srd suppai~ive services for, terminall~r-i11 patiants ' ' and~their famflies in ts~eir~hames or. a home,Iilce~ setting. In addition, we pxovids grief support services ~to the eoa3m~iitity through support groups, gief reooveiy props} ' . . 'duos couaselir~g, end pc~scatat;,ous. ~ We offer luispice care send grief support ' services regardless of ability ~ spay. ' ., ' R.erogaition of National hospice Month in the aunty of noanoke will has ' aitiuas~e,about the h ~ ice ~ A t0 ~ Qsp ac?nCep#.' IL v--i11 greatly banef~t all of the hogpice'lung~s, that cuxrently serve hoanol;e County,, , ~ ~ , we, appreciate Yawn heip' it prauiotx~g hospice c~ro., As wo had discussed, Y will' ~bave a represeatative of our. organization attet>,~ the board meeting on, Oebober 2g, ' 1997 to ~ ' recaivo the reaolutiori on behalf of Eraod ffiamarltan,Haspice. . Our hospice moatfi lsicko~Pc~lebrati tt is~aa S , p.m. at ~a~ur' p~ii'ce buildamg . Thie ~ov~ is off' November 2, I99? frond 2:00-5:0p , ` open the public at~d we woi:ld love to bsve ' , aayoae frornl the'boadrd'nf, supet'vi~s atte,~nd ~ ~ ~ ~ ' , ~ .~ ,. ~ . 1~oa:a~ .~ ~ • .Staff A ~~•,~Roa~ake- 'V~rgttt~s~,Z~' 18 ' ', ,' ~ , ' ' ' ' , ~ , 0 ' ~411`776.019~P • 3,90•yy~QS~1 , . OCT 21 '97 08~46Ah1 COL HEALTH SCIENCES P•3 FRAM : GgOD SAPIAR'ITAN HDSPIC6 PFIOhE tom. S40 776 0641 Oct. 2® 1997 11:4~4AM P3 I atn faxuig a sample resolution aioag with this lottar,~ Pleaso feel free to use this or to cxe~te yaar own xesoIution flrom ttie ir~,fforenatlort I have provided is this letter. Galt me if you have asy gteesti0~ at 776.0198. We look forward to warlcirtg with you. Thank you . ,for supporting our ragse. , Sincerely, i~e~ther xi. Plu~k®tt Comtztunity O,nreach Coordla,ator E~nciosl~res OCT 21 '97 08~46AM COL HEALTH SCIENCES FRAM GODD SAMARYTAN HOSPICE PHONE N0, :540 77fi Q041 ,. Baard'of Supervisors. P.4 Oct. ~ 1997. 11:4QAM p4 Roanoke Courtt~y rn~~~. sir WhenAS, .hospice care is the most humane tradition of health sar~~ doli~+ery in the 'United' States, providiisg 24hour palIiatir!e m~edicax Laze atsd speiai, enaotioaal at~d spiritual servictes for the terminally„ill, as well as support for the fimidy, end 'Wher+eas, hospice care helps patiiens live fulty during their $na~l days by~alleviatit~g the fears associstod with terminal illness st~h as dying in Pain, alone, and as a burden to the firmly; and by ,enibliag diem to rem,aia is the coaz£ort and security of homo or h,omc-like setti~gs• and Whereas,~mor+e than 39,000 l1~ll~time professioaala and 140,000 volwnteers iA association with as esdmated x,000 hospices work together to seurve more than 390,DOG iaadividuala throughout the nation; and Whereas, an ia~cresae is public awarea~e$s and uad+srstar,diag of hospice care will bette~c aerv~e the iie6 who ate faced with a tir~min#1 illa~ess ia~our community and help er~urv that hospice :avices are a guaranteed beae$t for ail citi,zeaa; and Whereas, C}ood Samaritan Hospice has joined the Hospice Association of Aiae:iica, tke National Hospice Organization, and an elated 3,000 haspiro agencies, in declaring the month of Novembex.1997 as National 1:Iospice Month and are calling oa all Americans to obses•ve this occasion with appropriate ceremonies and ac#vities; Now tlwot'~are, be it resolved that 1, do hereby proclaim November 1999 as NA1'xONAL ~U~P~CE MONT13 in tl~ cauwty of Roanoke and a~Owcage fire support and participation of friends, neighbors, colleagues, sod fellow citi7.et;s' in'assoaiatod hospice programs now and throughout the year. ll! w wl~reofll~svs l~eresrrua,tet ~+ IreN-t1 mrd oa~ss~ thu sea! sv bs q~:ed OCT C1 '97 ~8~47AM COL HEALTH SCIENCE5 FRAM " ~ 5 Whs-t 1[s Hospice? Hospice care involvra a ec~ra interdiacipliaaryieam v[ proFessicrosts and volontcers who provide medical, psyck~ological, and spiritual support for the terminally iII, and ~+sisrance ro their families. Focuaeti oa pain man~ement and symptom cuna~ol, the care is pi~aarily based ~ ~~ home, enabling fa~nilic$ to,rernairt ro eiher in 8 peace, cuti~fort, artc3~ dignity. What Are tbt Advantotges of >i~ospice Care? • I~espice treats the person, instead of the dL~ea~e; fo~~uses on the fam;iy, in5teacl of~ust the fndiviQual; and errtpliasl:ee6 the quality of life, instead of ies duration, • hospice care allows try ill patients and their faxnflies to experietue tha cr,d,of life together, in the comfort az~d seC~trity of 17Otrse 8r a hornE-likE glLCittg. • Hospice uses the concbirted kttowled~ arul skins hf~an interdisciplinary team of professionals, including physicians, nurses,llame care aides, social workers rituxi caregi vets, muriselc>rs, and volnataets, • 'Hospice cat+e is a cast-eflec:dve altet~r~adve to sarv;rxs provided {n hospi~is ntr TES homes, and ocher iz~titutional smogs, • Hospice is the pxotanied choke of health care delivery for the tecrnfoally tIl and-theft lamiliea. Wit ServECes Do Hospices Ps~iid~e? . Medicare-ceztii'ied lu-sptces are required to provide 1rtueafr~ carp; social services;,phyoiciar, services; counseling ser~-ices (including spiriru$] and.dietary); home care alde.and bomerttakcr services; bexeavemerit Services; physical and occupa- tional~ thezapics; and speech•Ianguage p*thUlogy services. 5horc~tertn, tti.pacfe:st care {for respite, pain control, and syrt:ptoa~ rna>sagemenc7~ continuous earn in the borne, sad raedieai equipment and suppl9es (includitg dzugs aYtd bio- logicals) also arc available, Addiiional services can be offered. ~'herefare, ibe rar+,~o of hospice services trtsy vary from program to p:agt~,tn. Care i$ structured co keep families Loge:lter ire the lest restrietiv~e eaviroument possible. Wbo ila L1~b1t four Hospice? A person u eligible for hospice under toe Medicare Hospicr Benefit once he. or she is cerripied by a physician ~ kavirtg a terrnirwl illness r~vith tt life expectancy of six months or less. Hospice is available eo all terminally ill indivici~sstls and their families regardless of Their age, gender, race, nationaIiry, creed, sexual arieatatioa, physical condition, availability of a pri- mary earegivex, or ability to pq~C Alth~usgh rt€arly 5996 u[ the patierts who werr adm;tted to hospice agencies in' IO44 had cand~tiorss related to rainier, ocher frequent admission diagnoses incIctided heart and lung disease, AIl?5, ~-nd tteuralogical disorders such as Alaheimer~s disease and t1LS, Wbo Pays far Rospfee Care? Hospice services are covered by Medicare, the Medtcaici prograttis of 41 states acid the. District of Columbia, and moss private assurance uzd managed c~ p~~, la addition, military personnel and chair dependents ~ receive hospice under the Civilieri Health ar,d Medical Program of the Uniformed Services (GRAMPUS), I~c~spices hexvlly rely art grants and cornmuaity support to fund sexvicas for patiert~s wick tittle or no insurance. N0. :540 77fi 0841 P.5 Oot. 2s 1997 11:45AM f'S ~ospice act sheet . ~~r,,~~.w.~.,..^'.'rr~-,...~r.~.,.,rr„r„YRY,~,~,. *.,;.,.~..~~,..n•~5,,,:.r From: "Brenda Holton" < ADMO1/BJH > To: adm01/mha Date sent: Thu, 23 Oct 199716:47:06 +0000 Subject: DINNER Mary B. called and said OK to dinner on the 28th. She is going to charge us $6.00 each and Tracey is charging $7.25 each. Need to call them back Monday morning and give them count. They are each supplying silverware but we are supplying paper products. I will probably have to make a run at the grocery store Monday. Let me know if you need anything special. Brenda Holton Deputy Clerk 772-2005 Mary Allen -- 1 -- Fri, 24 Oct 1997 07:36:17 ~~ - G ~~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA October 28, 1997 Welcome to the Roanoke County Board of Supervisors meeting. Regular meetings are held on the second Tuesday and the fourth Tuesday at 3:00 p.m. Public hearings are held at 7:00 p.m on the fourth Tuesday of each month. Deviations from this schedule will be announced. Individuals with disabilities who require assistance or special arrangement in order to participate in or attend Board of Supervisors meetings or other programs and activities sponsored by Roanoke County, please contact the Clerk to the Board at (540) 772-2005. We request that you provide at least 48-hours notice so that proper arrangements may be made. A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call. 2. Invocation: 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 1. Recognition of Parks and Recreation Department for winning Best Promotional Effort awards from the Virginia Recreation and Parks Society. a. Camp Roanoke Fundraising Campaign b. Therapeutics Program 2. Acceptance of donation from the U. S. Marines from their Mud Run for renovations to Camp Roanoke. 3. Proclamation declaring the month of November 1997 as National Hospice Month in Roanoke County. 4. Recognition of Finance Department for receiving a Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report. D. BRIEFINGS E. NEW BUSINESS 1. Request to enter into an agreement with the City of Salem ~ .--~._ and City of Covington on behalf of Total Action Against Poverty (TAP) for the management of MicroEnterprise Loan Funds. (Tim Gubala, Economic Development Director) CONTINUED FROM OCTOBER 14, 1997 ,~ ... ~'~_ - ~'2. Report on operations for the year ended June 30, 1997. ~' ~~~~ ~~`~~ ~ (Diane Hyatt, Finance Director) 3. Request from the Police Department to accept grant for Community Crime Prevention Services. (Ray Lavinder, Police Chief) F. REQUEST FOR PUBLIC HEARING AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA 1. First reading of ordinance to rezone 10.35 acres from R-3 2 to PRD to construct a planned residential community, located 200 feet west of the Chukar Drive cul-de-sac, Cave Spring Magisterial District, upon the petition of Jackson Assoc. Limited of VA. 2. First reading of an ordinance to rezone 2.881 acres from AG-3 to AR in order to divide the parcel into three building lots located at the end of Toddsbury Drive, Vinton Magisterial District, upon the petition of Falling Creek Development, L.C. 3. First reading of ordinance to obtain a Special Use Permit to construct mini-warehouse storage facilities located in the 1900 block of Washington Avenue, west of the East Vinton Plaza, Vinton Magisterial District, upon the petition of W. J. Olive and Jacqulin Logan. G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1O. Second reading of Ordinance releasing right of re-entry and certain restrictions on the use of certain real estate previously conveyed to Total Action Against Poverty (Pinkard Court School Property), and authorizing the County Administrator to execute documents. (Paul M. Mahoney, County Attorney) n Second reading of ordinance amending and reenacting ~-~' Section 2-17 Dissemination of criminal history record information of applicants for public employment, permit or license of Article II, Chapter 2 of the Roanoke County Code. (Joseph Obenshain, Sr. Assistant County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals (Fire 3 Code Board of Appeals) 2. Grievance Panel 3. Commission for Senior and Challenged Citizens. 4. Expansion of the committee to establish guidelines and policies for placement of communication towers. 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 -September 9, 1997 2. Confirmation of Committee Appointments to the Committee to establish guidelines and policies for placement of communications towers. 3. Acceptance of water and sanitary sewer facilities serving Peters Creek Commercial Park. 4. Acceptance of water and sanitary sewer facilities serving Huntridge Road Sewer Extension. 5. Acceptance of a donation to the Police Department by the Moose Lodge #284 for night vision equipment. 6, Acceptance and appropriation by School Board of 1997-98 IDEA flow through grant fund. 7. Acceptance of donation of drainage easements to the Board of Supervisors in connection with development of Affordable Efficiency Inn on Florist Road. 4 K. REQUESTS FOR WORK SESSIONS 1. Request for Work Session on November 18, 1997 on the Secondary Road System Six-Year Construction Plan and VDOT Revenue Sharing Program. L. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS AND INQUIRIES OF BOARD MEMBERS O. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4, Accounts Paid -September 1997 5. Statement of Revenues and Expenditures for period ended September 30, 1997 6. Proclamations signed by the Chairman 7. Report of First Quarter Claims Activities for the Seif- Insurance Program 8. Report on Unpaved roads in Roanoke County P. WORK SES~SIOfN~~ f 2„~r -Ra~rt-on Revenue Projections and First Quarter Update 5 Q. EXECUTIVE SESSION PURSUANT TO THE CODE OF VIRGINIA SECTION 2.1-344 A (7) consultation with legal counsel pertaining to legal matter requiring legal advice: agreement with the Town of Vint Fer l ~~-`r EVENING SESSIO (7:00 P.M. ~/" ~-~ R. CERTIFICATION OF EXECUTIVE SESSION S. PUBLIC HEARING AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to rezone 0.99 acre from R-1 to C-1 located on Valley Forge Avenue 100 feet south of the intersection of Valley Forge Avenue and Concord Place, Cave Spring Magisterial District, upon the petition ~ ~ ~~ of Maynard Manning. (Terry Harrington, Director of Planning and Zoning) O r' ~. ~-' 2. Second reading of ordinance to conditionally rezone 5 acres from R-3 to C-2 and obtain a Special Use Permit to bring a nonconforming use into conformity, located at 5300 Hawthorne Road, Hollins Magisterial District, upon the petition of Shenandoah Homes. (Terry Harrington, Director of Planning and Zoning) 3. Second reading of ordinance to obtain a Special Use Permit to expand the existing restaurant with drive-thru window, located at 4369 Electric Road, Cave Spring Magisterial District, upon the petition of Wendy's of Western VA. (Terry Harrington, Director of Planning and Zoning) 4. Second reading of ordinance to amend conditions on 1.14 acres zoned C-2C to construct office buildings, located at 5440 Peters Creek Road, Hollins Magisterial District, upon the petition of Radford ~ Co. (Terry Harrington, Director of 6 Planning and Zoning) 5. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan, located 400 feet northwest of the intersection of Ambassador Drive and Envoy Drive, Catawba Magisterial District, upon the petition of the City of Roanoke (Montclair). (Terry Harrington, Director of Planning and Zoning) 6. Second reading of ordinance to obtain a Special Use Permit to construct a regional stormwater management basin (utility services, major) and for a Section 15.1-456 review for consistency with the Roanoke County Comprehensive Plan, located 300 feet southeast of the terminus of Candlelight Circle, Catawba Magisterial District, upon the petition of the City of Roanoke (North Lakes). (Terry Harrington, Director of Planning and Zoning) 7. Second reading of ordinance to rezone 2.044 acres from C-2 conditional to C-2 to construct an office building, located at 3743 Challenger Avenue, Hollins Magisterial District, upon the petition of Jack F. Walrond, Jr. (Terry Harrington, Director of Planning and Zoning) 8. Second reading of ordinance to rezone approximately 22 acres from R-1, R-3, and C-2C to C-2 in order to construct a retail store located on Route 220 and Valley Avenue, Cave Spring Magisterial District, upon the petition of Lowe's Co. Inc. (Terry Harrington, Director of Planning and Zoning) 9. Second reading of ordinance to obtain a Special Use Permit to construct a 190 foot self-supporting broadcast tower, located at 5585 Catawba Hospital Drive, Catawba Magisterial District, upon the petition of Ohio State Cellular Phone Co., Inc. (Terry Harrington, Director of Planning and Zoning) 10. Second reading of ordinance to rezone 9.77 acres from R- 1 Conditional to R-1 to construct single family residences, located at the south side of Woodhaven Road, approximately 0.5 mile east of its intersection with Green Ridge Road, Catawba Magisterial District, upon the petition of Ernest Clark. (Terry Harrington, Planning & Zoning Director) CONTINUED FROM SEPTEMBER 23. 1997 AT THE REQUEST OF THE PETITIONER 11. Second reading of ordinance authorizing the vacation of a portion of an existing 15-foot drainage easement and acceptance of a new 15-foot drainage easement across 3.07 acres of land on the west side of Dorset Drive, property of Danny A. Gilbert and Linda K. Gilbert. (Arnold Covey, Director of Engineering ~ Inspections) U. CITIZEN COMMENTS AND COMMUNICATIONS V. ADJOURNMENT a p Q~ ~ 4s ~ _. ~ w O Q LU Z Z 1 o ~ ~ Iwo ~~ o=~ ~ ~ a H ~ oo~C d o z r~ N m 0 ~~ ~ o ~'~to~ \ % Q' o ~ c r .Sb c- \~ , o- ~ dC `~,~~ ~ \ ter' ~~ ~-,~ ~' r. o % o- Z d r J 0\~~~~ OJ S - ~ scc\ O ...J 1 ~~ .i cc` ~ ~ l- _,. \ y ` ~,~ _ ~Q- ~o ~: ~~~ ~~ c ~ ~... v N e~: Q m vo -~~. k ti ~ != ~~ ~~ti _~ w ~` ~ ~~ o ~v q m -~ -~,~- ~ ep ua ~~ Q•~~ h~• ~~ ~ ~, h .... ~'' ~ -_ 3 F o\ w `~ `' ~~ j~ C v ~W N r `_ ~ c u'~ r . ~~ ~ Z ~ ~ N ~ z ~ ZZ ~~ ~c J ~ w~.. ~l~ "n _ M~ W ~~ \! 's6~6 .ebb /Q ~ w h 4 ~- ~, 1 y ~ ~ ,. L ~~~~jj E 4 Fl d interoffice M E M O R A N D U M COUNTY OF ROANOKE County Administrator to: Board of Supervisors from: Elmer C. Hodge, County Administrator subject: Gainsharing with Town of Vinton date: October 24, 1997 Attached is a complete package of information concerning the proposed gainsharing agreement with the Town of Vinton for executive session on Tuesday. Please remember that this is confidential, and has not yet been made public. The contract which has been negotiated is included, along with a map showing the area covered in the agreement, and various charts outlining the funding which the Town currently receives from the County, along with the proposed funding under the gainsharing agreement. State law prescribes the share of sales tax that a town receives, which is based on a population ratio formula. Under that formula, Vinton should receive 9.2% of our sales tax revenue, but we are currently operating under a 1976 agreement, which provides 11.77% of our sales tax to the Town. This results in a $128,000 difference annually. We also voluntarily provide $110,000 annually to Vinton for refuse collection and pay one-half of the cost of staffing and equipping the Vinton fire and rescue facilities. In researching this on a statewide level, we found that no other towns benefit to the degree that Vinton does from its relationship with Roanoke County. Most other sharing agreements are connected to single source revenues, such as developed areas along interstate highway interchanges. The gainsharing agreement would guarantee by contract the current payments by the County and also provide additional revenue from sharing real estate and personal property taxes from new development in the east County area. The County and the Town would split the cost of providing basic services in the affected area and Vinton would give up its right to annex during the term of the agreement. As you will note from the attached map, the projected build-out in the east County area is largely residential, which will increase the County's cost of providing schools. This is not a cost which will be shared by the Town, although the tax revenue from residential construction is shared. During the discussions, it was anticipated that this agreement would last for 15 years, but Vinton would prefer a 32 year term. The agreed-upon minimum amount of funding in the first year would be $31,000, but this could grow to as much as $439,000 by the 15th year. Board of Supervisors Page 2 October 24, 1997 The economic health and vitality of the Town of Vinton is important to Roanoke County, and we should help them prepare and plan for the future. However, we currently provide over $350,000 to the Town annually, which allows the tax rate to remain low, while enhanced services are provided to the citizens. If we provide more funding, without tying it to a performance indicator, we may find the taxpayers subsidizing services not available in the rest of the County, such as curbside recycling I would like to see a mechanism for encouraging and assisting the Town in using gainsharing funding to do such things as redeveloping the downtown, implementing the Macdonald farm master plan, improving the Rte. 24 and Hardy Road areas and rejuvenating older neighborhoods. If this does not happen, at the end of the gainsharing agreement, Vinton will again need to look outward to expand its tax base and provide the tax base for economic viability. The issues which remain to be settled are as follows: o Term of the agreement. I would prefer that the term be set at 15 years, possibly with an option to renew, in case there have been any errors in the projections or assumptions used. o Sales Tax. We currently provide 11.77% of our sales tax revenue to Vinton, instead of the 9.2% which state funding mandates. Vinton would like to include in the contract that the rate be set somewhere between those two figures, probably around 10%. I believe we should set the amount at 9.2%, which would still provide a greater return that mandated by state law as the County grows, and Vinton's population becomes less of the whole. o Performance Indicators. The revenue which will be provided to Vinton under the terms of this agreement should be invested in the well-being of the Town. We should include language which ties the payments to increased growth and economic stability within the Town limits, so that Vinton can survive on its own tax base. If we can get assurances on a redevelopment plan, which is the most important of the three issues, then perhaps we can afford to be flexible on the sales tax percentage and length of the agreement. We will discuss these issues on Tuesday, along with any other questions or thoughts which you may have about this proposed agreement. Summary of Current Payments to Town of Vinton Projected Over the Next 32 Years Current Payments to Vinton Fire & Excess Total Refuse Rescue Sales Current Year Credit (Personnel) Tax Payments 1 110, 000 120, 000 128,148 358,148 2 110,000 124,800 133,530 368,330 3 110,000 129,792 139,139 378,931 4 110, 000 134, 984 201, 693 446, 677 5 110, 000 140, 383 210,164 460, 547 6 110,000 145,998 218,991 474,989 7 110, 000 151, 838 228,188 490, 026 8 110,000 157,912 237,772 505,684 9 110, 000 164, 228 247,759 521,987 10 110, 000 170, 797 258,165 538, 962 11 110,000 177,629 269,008 556,637 12 110,000 184,734 280,306 575,040 13 110,000 192,124 292,079 594,203 14 110,000 199,809 392,386 702,195 15 110, 000 207, 801 408, 867 726, 668 Subtotal 1,650,000 2,402,831 3,646,195 7,699,026 16 110, 000 216,113 426, 039 752,152 17 110,000 224,758 443,933 778,691 18 110, 000 233, 748 462, 578 806, 326 19 110, 000 243, 098 482, 006 835,104 20 110, 000 252, 822 502, 250 865, 072 21 110,000 262,935 523,345 896,280 22 110,000 273,452 545,325 928,777 23 110,000 284,390 568,229 962,619 24 110, 000 295, 766 663, 080 1, 068, 846 25 110, 000 307, 596 690, 930 1,108, 526 26 110,000 319,900 719,949 1,149,849 27 110, 000 332, 696 750,186 1,192, 882 28 110, 000 346, 004 781, 694 1, 237, 698 29 110,000 359,844 814,525 1,284,369 30 110, 000 374, 238 848, 736 1, 332, 974 31 110,000 389,208 884,382 1,383,590 32 110,000 404,776 921,527 1,436,303 Tota I 3, 520, 000 7, 524,176 14, 674, 909 25, 719, 085 OF PoAN~'YF ~.~ Z ~~ ~ a? 1838 PAUL M. MAHONEY COUNTY ATTORNEY ~soo~ ~n-zom May 5, 1997 C~.~r~xxY# ~~ aor~~ ~ ~.~.~ OFFICE OF THE COUNTY ATTORNEY P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (540) 772-2089 B. Clayton Goodman, III Town Manager -Town of Vinton Post Office Box 338 Vinton, VA 24179 John S. West, Esquire Mays & Valentine, L.L.P. Post Office Box 1122 Richmond, VA 23218-1122 Re: Town of Vinton/Roanoke County Gain Sharing Agreement Gentlemen: JOSEPH B. OBENSHAIN SENIOR ASSISTANT COUNTY ATTORNEY VICKIE L. HUFFMAN ASSISTANT COUNTY ATTORNEY csao~ ~~z-zo~I Based upon the meeting held on Monday, Apri128, 1997, the following is suggested to implement the discussion of the parties: 1) Section 2 will be renumbered to reflect the deletion of Section 2.02, Sales and Use Tax Revenue. 2) Addition of a new Section 2.06 as follows: Section 2.06, Reduction for Excess Sales Tax Payments. The revenue sharing payments set forth in Section 2.01 shall be reduced by an amount equal to fifty (50%) percent of the amount of local sales and use tax that the Town is receiving pursuant to Section 2.03 (a) in excess of the amount required by Chapter 191 of the 1966 Acts of Assembly. (For example, if the Town's actual population ratio is 9.2 % , then the reduction will be computed at 50 % of the difference between the annual local sales and use tax calculated at the 11.77% and 9.2% population ratios.) ® Recycled Paper B. Clayton Goodman, III John S. West, Esquire Page Two May 5,1997 3) Addition of a new Section 2.07 as follows: Section 2.07, Minimum Payment. In no event shall the net gain sharing payment for any fiscal year of this Agreement be less than $31,000. Estimate of Gain Sharing Payments to the Town of Vinton is attached as Exhibit . 4) Amendment VII is deleted from my letter of March 27, 1997, listing recommended amendments to your draft of the Gain Sharing Agreement dated March 14,1997. Once you have had an opportunity to review these changes, please give me your comments. Ve trul yours, Paul M. Mahoney County Attorney PMM/spb Attachment c: Diane Hyatt DRAFT: 3/14/97 GAIN SHARING AGREEMENT This AGREEMENT is made and entered into this _day of , 1997, and executed in quintuplicate originals (each executed copy constituting an original) by and between the TOWN OF VINTON, VIRGIlVIA, a municipal corporation of the Commonwealth of Virginia (the "Town"), and the COUNTY OF ROANOKE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"). WHEREAS, the Town and the County have reached this Agreement, pursuant to Title 15.1, Chapter 26.1:1 of the Virginia Code, providing for the sharing of certain revenue, for the sharing of costs of certain public services, for joint advisory review of certain planning and zoning matters, for the waiver of certain annexation rights, and for other matters; and, WHEREAS, the ability of the Town to meet the future service needs of its citizens and to increase and to stabilize its revenues is of critical importance; and, WHEREAS, the ability of the County to preserve its tax revenue base, to protect its jurisdictional boundaries, and to meet the demands for public services is also of critical importance; and, WI~REAS, the Town and the County have reached this Agreement to address the mutual concerns of each jurisdiction, to promote strong and viable units of local government, and to encourage economic growth and development. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree with each other as follows: SECTION 1. DEFINITIONS The parties hereto agree that the following words, terms and abbreviations as used in this Agreement shall have the following defined meanings, unless the context clearly provides otherwise: 1.01 "Town" shall mean the Town of Vinton, Virginia. 1.02 "Code" shall mean the Code of Virginia of 1950, as amended. 1.03 "Commission" shall mean the Commission on Local Government. 1.04 "County" shall mean the County of Roanoke, Virginia. 1.05 "Court" shall mean the Special Three-Judge Court appointed by the Supreme Court of Virginia pursuant to Title 15.1, Chapter 26.2, § 15.1-1168 of the Code. 1.06 "Section" or "subsection" refers to parts of this Agreement unless the context indicates that the reference is to parts of the Code. 1.07 "Consumer Price Index" shall mean the index of consumer prices as determined by the U.S. Department of Labor and disseminated.by the Virginia Department of Labor. 1.08 "East Roanoke County" shall mean that area of Roanoke County located south of Stewart Knob, north of the Roanoke River, west of the Roanoke/ Bedford county line, and east of eastern corporate line of the Town of Vinton. A map showing the boundaries of this area is attached hereto as Exhibit A. 1.09 "Newly Constructed Property" shall mean any real property in East Roanoke County on which any improvements (residential, commercial or industrial) are made after July 1, 1997 r,~quiring the issuance of a building permit and a certificate of occupancy; however, it shall not include any property on which repairs, reconstruction or additions to existing structures are -2- made, unless the cost of the repair, reconstruction or addition exceeds twenty-five percent (25%) of the assessed value of the existing structure. Once a particular property is designated as Newly Constructed Property for purposes of this Agreement, that property shall be considered such for the remaining period of this Agreement. 1.10 "Local Sales and Use tax" shall mean that tax provided for in Chapter 6 of Title 58.1 (§ 58.1-605 et seg.), or any successor provision, of the Code of Virginia. 1.11 "Local Real Estate tax" shall mean that tax provided for in Chapter 32 of Title 58.1 (§ 58.1-3200 et seg.), or any successor provision, of the Code of Virginia. 1.12 "Local Personal Property tax" shall mean that tax provided for in Art.1, Chapter 35 of Title 58.1 (§ 58.1-3500 et seg.), or any successor provision, of the Code of Virginia. 1.13 "Business, Professional, and Occupation License (BPOL) tax" shall mean that tax provided for in Chapter 37 of Title 58.1 (§ 58.1-3700 et seg.), or any successor provision, of the Code of Virginia. 1.14 "Machinery and Tool tax" shall mean that tax provided for in Art. 2, Chapter 35 J `\ c~ .r , ~v ;~,~~. of Title 58.1 (§ 58.1-3507 et seg.), or any successor provision, of the Code of Virginia. 1.15 "Motor Vehicle License tax" shall mean that tax provided for in Art. 11, Chapter 6 of Title 46.2 (§ 46.2 -752 et sec .), or any successor provision, of the Code of Virginia. 1.16 "Bank Franchise tax" shall mean that tax provided for in Chapter 12 of Title 58.1 (§ 58.1-1200 et sec .), or any successor provision, of the Code of Virginia. ___~ 1.17 "Public Service Corporation tax" shall mean that tax provided for in Chapter 26 of r Title 58.1 (§ 58.1-2600 et sec .), or any successor provision, of the Code of Virginia. 1.18 "Food and Beverage tax" shall mean that tax provided for in Art. 7.1, Chapter 38 of Title 58.1 (§ 58.1-3833 et s_g.), or any successor provision, of the Code of Virginia. -3- 1.19 "Admission tax" shall mean that tax provided for in Art. 5, Chapter 38 of Title 58.1 (§ 58.1-3817 et sue.), or any successor provision, of the Code of Virginia. 1.20 "Transient Occupancy tax" shall mean that tax provided for in Art. 6, Chapter 38 of Title 58.1 (§ 58.1-3819 et seg.), or any successor provision, of the Code of Virginia. SECTION 2. REVENUE SHARING 2.01 Tax Revenues: (a) The County agrees to pay to the Town fifty percent (50%) of those revenues collected annually based on certain local taxes imposed by the County on the assessments and activities associated with Newly Constructed Property during the term of this Agreement, except as otherwise provided for in Section 2.06. This provision shall apply to the following taxes: Local Real Estate tax, Local Personal Property tax, Business, Professional and Occupation License Z (BPOL) tax, Machinery and Tool tax, Motor Vehicle License tax, Bank Franchise tax, Public Service Corporation tax, Food and Beverage tax, Admission tax, Transient Occupancy tax, and - ` ~ o ~`- `- ~`, z any other taxes of general application which the County may imyose during_the term of this- - ~.~~~^-~ ~~" ~ - ~. Agreement. The County's obligation to make payments under this section shall be subject to the ~ / annual appropriation of sufficient funds by the County Board of Supervisors. P„~.~ ~ ~,~rJ r i (`:."~ (b) Because some businesses may conduct operations at more than one location, the parties further agree that only those tax revenues generated by the location or locations designated as Newly Constructed Property shall be subject to this Agreement. (c) The parties further agree that the Town will not share in any designated tax revenues which are returned to the County by the Commonwealth for special governmental -4- purposes and which are not available to the County to use for general fund expenditures (e.g., funds for education). 2.02 Sales and Use Tax Revenue . The County further agrees that, in addition to those revenues received by the Town pursuant to Section 2.04(x), the Town will receive fifty percent (50%) of the Sales and Use tax revenue attributable to the number of people in the East Roanoke County. The amount the Town shall receive will be calculated as follows: The number of New Homes constructed within East Roanoke County after July 1, 1997 multiplied by the average number of persons residing in owner-occupied units within East Roanoke County (as determined by the most recent decennial census) and by the per capita Sales and Use tax revenue collected by the County and divided by two. An example using this methodology is attached hereto as Exhibit 2.03 Tax Revenue Payment Schedule: The County shall calculate the Town's share of revenues based on the County's audited financial records of the prior year. On December 31 and June 30 of each year, the County shall make a payment to the Town in an amount equal to fifty percent (50%) of the Town's one-half share of those tax revenues, less fifty percent (50%) of the cost of providing certain services as calculated Section 3.01. At the end of each fiscal year, the County shall determine, based on its audited financial accounts, the actual amount of tax revenues subject to this Agreement. On or before November 1 of each year, the County shall make a third payment to the Town for an amount equal to fifty percent (50%) of the difference, if any, between the projected tax revenues and the actual tax revenues received by the County. If the actual tax revenues received by the County are less than the projected tax revenues, the Town shall pay to the County fifty percent (50%) of the difference between the two amounts. 2.04 Discretionary Payments: The County further covenants and agrees to continue making the following payments to the Town: ,fi ~'~%~ -5- (a) The County shall pay the Town its share of revenues generated from all Local Sales and Use taxes collected within the entire County, as required by Chapter 191 of the 1966 Acts of Assembly. However, in calculating the amount of revenue to pay the Town, the County shall use 11.77% as the ratio of the Town's population to the population of the entire County The parties agee that this payment shall be in addition to the Town's fifty percent share of a~l~ L local sales and use tax revenues, as provided for in Section 2.02 of this Agreement. The County agrees to make this payment to the Town on a monthly basis. w ~ `~,~, J 2~4"~ , ~~ ~Lt~ .~ J L l~ ~~~~J -~ (b) The County shall pay the Town for the solid waste collection and disposal services (excluding recycling services) provided by the Town to Town residents eac nyea In +t~. ~,~J ,';~ ~~'~ Tl.r.i_ ?C~ ,~ 1997, the County's payment shall be $110,000. The County further agrees to pay one-half of its payment to the Town by October 1 of each fiscal year and the remaining one-half by April 1 of the same fiscal year. (c) The County shall pay the Town for one-half of the cost of the annual salaries and benefits of the Town's paid firefighters and emergency medical care personnel in return for the fire and emergency medical services provided by the Town to residents of the Town and East 4 ~ b.l-~1 ~ County Area each year. The County agrees to make this payment to the Townson a quarterly basis. 2.05 Conditions of Discretionary Payments: The payments set out in Section 2.04 are subject to the following: (a) The County's obligation to make such payments shall be subject to the annual appropriation of sufficient funds by the County Board of Supervisors. -6- (b) If the Virginia General Assembly amends Virginia Code Section 58.1-605(B) after the effective date of this Agreement so as to increase or decrease the sales and use tax rate which a county may levy to provide for general governmental purposes (currently, the rate is 1 %), then the County's payment to the Town , as provided for in Section 2.04(a), shall be calculated based upon the amount of revenues collected by the County pursuant to the new rate taxation. ~ (c) The County's covenant to make the annual payments provided for in Sections 2.04 (b) and (c) is conditioned upon the Town itself continuing to provide solid waste collection and disposal (excluding recycling), fire, and emergency medical care services, and the County continuing to use any general funds to provide these services. If the Town changes the method of delivery of any of these services which reduces the Town's cost of providing such service, then the County's discretionary payments to the Town for the affected service(s) may be reduced proportionally. (d) The County's payments pursuant to Section 2.04(c) shall be further limited by any annual increase in the salaries and benefits for the fire and emergency medical care personnel not exceeding the Consumer Price Index or ten percent (10%), whichever figure is less. Any proposed increase in the number of paid fire or emergency medical care personnel which would result in a need to increase funding for the service must be approved by both the Town and the County. Section 2.06 Preemptive Taxes: The Town and the County agree that so long as the Town imposes any of the local taxes listed below in subsection (c) which prevent the County from assessing and collecting the same tax within the corporate limits of the Town (hereinafter referred to generally as a "Preemptive Tax"), the revenue sharing payments made by the County i~ n ~s _/ A ~ ~~ d" .~ ~ J ~~_ Z -7- to the Town pursuant to Sections 2.01 and 2.02 of this Agreement shall be adjusted in the following manner: (a) If the Town assess a Preemptive Tax, with a rate lower than the County's rate for that same tax, the County shall deduct from the Town's share of tax revenues an amount equal to any difference between the tax revenue collected based on the Town's tax rate and the tax revenue that would have been collected based on the County's tax rate. The parties agree that the provisions of this subsection shall not become effective until three years after the effective date of this Agreement. (b) If, at anytime during the term of this Agreement, the Town repeals a Preemptive Tax so that the County is then able to assess and collect such tax within the corporate limits of the Town, the County agrees to make an annual payment to the Town for an amount equal to the revenues the Town would have collected based on its tax rate in effect at the time the tax is repealed. The remaining difference between the amount of tax revenues which would have been collected by the Town and a higher amount of tax revenues collected by the County shall then be included in the amount of total revenue to be shared between the Town and the County, as provided for in Section 2.01. (c) The Town and the County agee that the terms of this section shall apply to the Town's Local Sales and Use taxes, Consumer Utility tax, Food and Beverage tax, Admissions tax, Motor Vehicle License tax, and T nsient Occupancy tax, as they are identified in Section 1 above, or any other taxes authorized \y statute and imposed by the Town subsequent to July 1, 1997, which preempt the County from i~osing the same tax within the corporate boundaries of the To .vn. \ S h.~,U ~d c~ ISo ~~ :.~~ ~ 9 // , ~tib/~ T V -8- SECTION 3. REDUCTION FOR SERVICE COSTS 3.01 The revenue sharing payments set forth in Sections 2.01 and 2.02 shall be reduced by an amount equal to fifty percent (50%) of the County's cost to provide law enforcement and traffic control, sanitation and waste removal, and fire and rescue services to Newly Constructed Property in East Roanoke County. The Town's annual cost share responsibility for such services shall be calculated as follows: The estimated number of Newly Constructed Properties in East Roanoke County multiplied by the estimated number of persons per new household in Roanoke County (as determined by the most current decennial census) multiplied by the County's per capita cost to provide law enforcement and traffic control, sanitation and waste removal, and fire and rescue services (based on the County's Comprehensive Annual Financial Report (CAFR)) divided by two. An example of the methodology to be used by the County in calculating the Town's annual cost share responsibility is attached as Exhibit The parties agree that at no time shall the reduction for the cost of such services exceed the revenues the Town receives from the County pursuant to Sections 2.01 and 2.02. 3.02 Any increase in the Town's annual cost share responsibility shall not exceed twice the Consumer Price Index or ten percent (10%), whichever is less. 3.03 The Town's covenant to share in the cost to provide certain services to Newly Constructed Property in East Roanoke County, as provided for in Section 3.01, is conditioned upon the County itself continuing to provide such services and the County continuing to fund those services at least partially through its general fund. 3.04 The Town and the County covenant and agree to negotiate the joint funding of the costs of providing public improvements for each commercial or industrial development built in -9- East Roanoke County after the effective date of this Agreement. The parties acknowledge that this Agreement does not bind either of them to share in the cost of any such public improvement project. 3.05 The Town and the County further covenant and agree to negotiate the joint funding of the costs on all future publicly funded and owned capital projects, costing $100,000 or more, proposed for construction in the Town or East Roanoke County. The parties acknowledge that this Agreement does not bind either of them to share in the cost of any such capital project. SECTION 4. SUMMARY OF ANNUAL GAIN SHARE 4.01 The County agrees to create and maintain all those records necessary to make the revenue and expenditure calculations called for under this Agreement. 4.02 The County agrees to prepare a summary of the annual gain share between the Town and the County. The summary shall provide the following information: (a) the method by which the County calculated the amount of revenue to be shared with the Town for each revenue source, pursuant to Section 2.01 of this Agreement; (b) the adjustments the County made, if any, to the amounts owed to the Town due to the Town's imposition of any Preemptory Taxes, pursuant to Section 2.05 of this Agreement; (c) the method by which the County calculated the Town's annual cost share responsibility to the County for providing certain services, pursuant to Section 3.01 of this Agreement; -10- (d) the costs, if any, shared between the Town and the County relating to the construction of public improvements for any commercial or industrial developments, pursuant to Section 3.04 of this Agreement; (e) the costs, if any, shared between the Town and the County for publicly funded and owned capital projects, pursuant to Section 3.05 of this Agreement; and, (f) a list of all property designated by the County as Newly Constructed Property. 4.03 The County shall provide the Town with a copy of this report no later than November 1 of each year during the term of this Agreement. 4.04 The County agrees to maintain all memoranda and working papers relating to, or used in preparation of each annual report in accordance with the regulations concerning financial records retention and disposition promulgated pursuant to the Virginia Public Records Act (Va. Code § 42.1-76 et seg.) by the State Library Board. SECTION 5. PLANNING AND ZONING 5.01 The Town and the County covenant and agree to encourage and promote residential and commercial development in East Roanoke County. 5.02 The County further agrees to permit the Town to undertake an advisory review of all rezoning applications, variance applications, special use permit applications, proposed site plans, and proposed amendments to the County's comprehensive plan for property located within East Roanoke County. The County shall notify the Town within 5 business days of the filing or _.__.,_. _.._,..._.,_.___._._ ___._.. __...,~._.w_._a___ __ _ . _ submission of any such application, plan or amendment. ~ The Town shall provide comments, if -------__ ._..._____...__.__.._____._._ J I' any, nn less than 5 business days before public hearings of the County Planning Commission and -11- ~~ ..~ the Board of Supervisors and before final action is to be taken to approve or disapprove of such application, plan or amendment. 5.03 The Town agrees to permit the County to undertake an advisory review of all rezoning applications, variance applications, special use permit applications, proposed site plans, and proposed amendments to the Town's comprehensive plan for property located within one- J/,~ quarter of a mile of the Vinton-East Roanoke County boundary line. The Town shall notify the ~°~ County within 5 business days of the filing or submission of any such application, plan or amendment, and the County shall provide comments, if any, no less than 5 business days before public hearings of the Town Planning Commission and the Town Council and before final action is to be taken to approve or disapprove of such application, plan or amendment. SECTION 6. REMEDIES AND ENFORCEMENT 6.01 The Town and the County covenant and agree to comply with all the terms and conditions of this Agreement. 6.02 Subject to the provisions of Section 7.01 of this Agreement, the County's obligation to make payments required by this agreement shall be subject to the annual appropriation of sufficient funds by the County Board of Supervisors. If the County declines to appropriate funds sufficient to make any of the required payments, or appropriates such sufficient funds, but fails to make any of the required payments, the Town may annex by ordinance into its corporate limits the area herein defined as East Roanoke County. The Town agrees to attach as an exhibit to any such ordinance a plan which specifies how the Town will extend its general government services to the newly incorporated area. The incorporation of East Roanoke County -12- into the Town shall automatically take effect on the date specified in the ordinance without any further action of the Commission or any court. ~~ ,~~ o~. t~ and cr~l .uce.~~ 6.03 If the Town files an annexation suit in violation of Section 8.01 herein the County th ~ ~,,,z~ shall be authorized to stop all payments made to the Town required by this Agreement, including the three discretionary payments set forth herein in Section 2.04. The Town's failure to withdraw the annexation suit shall also render the 1979 Utility Service Area Agreement between the Town and the County null and void. SECTION 7. RESOLUTION OF DISPUTES 7.01 ~ If a dispute arises between the Town and the County with respect to the o ~ any o+l,~ ~ 11 erl z~ b~ a~--~ calculation of any revenues or costs to be shared between them,nthe parties agree that the disputed issue shall be settled by arbitration in accordance with the terms of the Uniform Arbitration Act, Article 2, Chapter 21 of Title 8.01 of the Code of Virginia, unless the parties jointly agree to resolve the matter by some other process. The Town and the County further agree that judgment on any award rendered as a result of an arbitration may be entered in any court having jurisdiction thereof. SECTION 8. 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