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HomeMy WebLinkAbout6/27/2000 - RegularROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA JUNE 27, 2000 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. 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 JPM AND HCN ABSENT AT 3:02 P.M. HCN ARRIVED AT 3:05 P.M. 2. Invocation: John M. Chambliss, Jr. 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 ECH ADDED WORK SESSION ON 2 PETITIONS IN CLEARBROOK AREA FOLLOWING THE AFTERNOON SESSION. 1 ECH ADDED CLOSED MEETING ITEM 2.1-344 A(3) ACQUISITION OF REAL ESTATE FOR PUBLIC PURPOSES. C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS NONE D. BRIEFINGS ECH INTRODUCED JILL BARR NEW COMMUNITY RELATIONS DIRECTOR E. NEW BUSINESS 1. Request for approval of issuance of up to $6,500,000 in industrial revenue bonds by the Industrial Development Authority for the benefit of Friendship Manor. (David Porter, Economic Development Director) R-062700-1 BLJ MOTION TO ADOPT RESO URC WITH JPM ABSENT 2. Request to accept additional state revenues and appropriate to the Sheriff's FY1999-2000 budget. (Brent Robertson, Budget Director) A-062700-2 HOM MOTION TO APPROPRIATE FUNDS URC WITH JPM ABSENT F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning acfions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by fhe Planning Commission. BLJ MOTION TO APPROVE 1ST READING 2ND READING AND PUBLIC HEARING - 7/25/00 URC WITH JPM ABSENT 1. First reading of ordinance to obtain a Special Use Permit for a pet 2 crematorium, located in the 8800 block of Starlight Lane, Cave Spring Magisterial District, upon the petition of P. D. Jackson/Donna Mason. 2. First reading of ordinance to obtain a Special Use Permit to construct a 180 foot broadcasting tower, located in the 300 block of John Richardson Road, Hollins Magisterial District, upon the petition of U. S. Cellular, Inc. G. FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing execution of an agreement to clarify easement rights and ownership in connection with a Utility Department reservoir lot on Dorset Drive. (Gary Robertson, Utility Director) HOM MOTION TO APPROVE 1ST READING 2ND READING - 7/25/00 URC WITH JPM ABSENT H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing quitclaim and release of access, water, sanitary sewer, public utilities and drainage easements within boundaries of South Concourse Drive located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe in the Hollins Magisterial District. (Arnold Covey, Community Development Director) 0-062700-3 BLJ MOTION TO ADOPT ORD URC WITH JPM ABSENT 2. Second reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days. (Joseph Obenshain, Senior Assistant County Attorney) 0-062700-4 JBC MOTION TO ADOPT ORD URC WITH JPM ABSENT I. APPOINTMENTS 3 1. Building Code Board of Adjustments and Appeals 2. Highway and Transportation Safety Commission 3. Industrial Development Authority HCN ADVISED THAT PERSON HE RECOMMENDED HAS DECLINED BLJ WILL CONTACT HIS RECOMMENDED APPOINTEE 4. League of Older Americans -Advisory Board 5. Parks and Recreation Advisory Commission 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-062700-5 HCN MOTION TO ADOPT CONSENT RESO URC WITH JPM ABSENT 1. Approval of minutes for May 9, 2000, May 23, 2000. 2. Confirmation of committee appointment to Parks and Recreation Advisory Commission. A-062700-5.a 3. Request for authorization to execute an operating contract with the Roanoke Valley SPCA. A-062700-5.b 4. Request from Schools for $4,917,338 appropriation to the Regional Special Education Fund. A-062700-5.c 5. Request for acceptance of a $9,565.02 grant by the Police Department to 4 continue the Cops for Coaches Program. A-062700-5.d 6. Acceptance of three grants for the Roanoke Valley Greenway Commission, authorization to expend the funds, and authority to execute the grant contracts. A-062700-5.e 7. Closeout of Youth Haven II petty cash fund. A-062700-5.f 8. Approval and appropriation of $42,331 Family Preservation Act monies. A-062700-5.g 9. Acceptance and appropriation of $17,388 Juvenile Accountability Incentive Block Grant. A-062700-5.h K. REQUESTS FOR PUBLIC. HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS HOM MOTION TO RECEIVE AND FILE - UW WITH JPM ABSENT 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts paid -May 2000 5 6. Status Reports on County projects 7. Proclamations Signed by the Chairman 8. Statement of Treasurer's Accountability per investments and portfolio policy as of May 31, 2000 RECESS - 3:35 P.M. O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work Session on petitions requested in the Route 220 Clearbrook area HELD FROM 3:40 P.M. TO 4:20 P.M. AND PRESENTED BY ARNOLD COVEY AND TERRY HARRINGTON DISCUSSION ON ZONING. LAND USE DESIGNATION. ROAD IMPROVEMENTS. STORMWATER MANAGEMENT AND DEVELOPMENT OF A MASTER PLAN FOR THE COMMUNITY. P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344A (7) consultation with legal counsel pertaining to actual litigation, County of Roanoke v. Lee; 2.1-344A (5), discussion concerning a prospective business or industry where no previous announcement has been made. BLJ MOTION TO GO INTO CLOSED MEETING FOLLOWING WORK SESSION AT 4:20 P.M. -URC WITH JPM ABSENT CLOSED MEETING HELD FROM 4:20 P.M. TO 4:30 P.M. RECESS AT 4:30 P.M. CLOSED MEETING HELD FROM 4:40 P.M. TO 5:00 P.M. EVENING SESSION 7:00 P.M.) Q. CERTIFICATION RESOLUTION R-062700-6 HOM MOTION TO RETURN TO OPEN SESSION AND ADOPT CERTIFICATION RESO -URC WITH JPM ABSENT 6 R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation to Jeremy Ford, Patrick Greer and Jesse Janney for exhibiting honesty and integrity in turning in found money to the Police Department. R-062700-7 BLJ MOTION TO ADOPT RESO URC WITH JPM ABSENT ALL THREE WERE PRESENT TO RECEIVE RESO AND RICHARD FELLER WHO LOST THE MONEY WAS ALSO PRESENT S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to obtain a Special Use Permit for a religious assembly, located in the 6800 block of Thirlane Road, Catawba Magisterial District, upon the petition of Connelly Memorial Baptist Church. (Terry Harrington, County Planner) 0-062700-8 JBC MOTION TO ADOPT ORD URC WITH JPM ABSENT 2. Second reading of ordinance to rezone .891 acre from I-1 with conditions to C-2 with conditions to construct a professional office with retail, located at 4903 Starkey Road, Cave Spring Magisterial District, upon the petition of Nancy Meyer-Barker. (Terry Harrington, County Planner) 0-062700-9 HOM MOTION TO ADOPT ORD URC WITH JPM ABSENT 3. Second reading of ordinance to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Road, Cave Spring Magisterial District, upon the petition of James R. Walker. (Terry Harrington, County Planner) 0-062700-10 HOM MOTION TO ADOPT ORD URC WITH JPM ABSENT 1 CITIZEN SPOKE IN SUPPORT 4. Second reading of ordinance to obtain a Special Use Permit to construct a 140 foot lattice tower and associated facilities, located on 7 the southern end of Brushy Mountain off of Route 311 and Route 794, Catawba Magisterial District, upon the petition of Valley Communications. (Terry Harrington, County Planner) 0-062700-11 JBC MOTION TO ADOPT ORD WITH CONDITION #1 AMENDED THAT ANY ANTENNA ATTACHED TO THE TOWER SHALL NOT EXCEED 120 FEET ABOVE GRADE. URC WITH JPM ABSENT 5. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Road and east of Indian Grave Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. (Terry Harrington, County Planner) 3 CITIZENS SPOKE HOM MOTION TO CONTINUE PUBLIC HEARING TO JULY 25 2000 AND STAFF TO WORK WITH PETITIONER TO BRING BACK MORE DETAILS ON COST OF ROAD IMPROVEMENTS AND EFFORT TO RESOLVE TRAFFIC ISSUES AND STORMWATER MANAGEMENT. URC WITH JPM ABSENT 6. Second reading of ordinance to amend a condition, attached to a Special Use Permit related to landscaping at a miniwarehouse facility, located in the 7200 block of Barrens Road, Hollins Magisterial District, upon the petition of Three W Corp. (Terry Harrington, County Planner) 0-062700-12 BLJ MOTION TO ADOPT ORD WITH CONDITION #1 AMENDED TO INCLUDE PLANTING OF RED TIP PATINAS TO TAKE PLACE ON OR ABOUT OCT .1.2000 ON THE PETITIONER'S PROPERTY URC WITH JPM ABSENT 7. Second reading of ordinance amending and reenacting Sections 21- 150 "Definitions", 21-151 "Levy of Tax; Amount", 21-152 "Payment and Collection of Tax", 21-154 "Report of Taxes Collected'; Remittance; Preservation of Records", 21-156 "Tips and Service Charges", 21-163 "Violations of Article" and 21-164 of Chapter 21 "Taxation" of the Roanoke County Code in order to provide for uniformity in enforcement of meals tax ordinances across the 8 Commonwealth. (Joseph Obenshain, Senior Assistant County Attorney) 0-062700-13 HCN MOTION TO ADOPT ORD URC WITH JPM ABSENT T. CITIZENS' COMMENTS AND COMMUNICATIONS NONE U. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Johnson• (1) Suggested recognizing Mayor Hill Town of Vinton, and Mayor Bowers City of Roanoke at a July meeting MHA advised that Mavor Hill will attend the July 13 meeting and staff is working with Roanoke City to schedule recognition of Mavor Bowers (~ Advised he had a conflict and was not able to attend the groundbreaking ceremonies at Glenvar Middle School and South County High School He further explained that the reason he did not support the Glenvar project is because there was no final footprint of the renovations and asked that people look at his past record of support for schools Supervisor Church: (11 Reported that he has received many phone calls about bulk and brush collection and asked staff to communicate to the public what people need to do to have their bulk/brush collected ECH explained that weekly bulk-brush was eliminated when refuse collection was automated and staff is looking at ways to improve the service ~2) Advised that he was happy for the residents of Glenvar and South County as the County moves forward on the schools Supervisor Nickens• (1) Announced that the reason he did not attend the groundbreakina ceremonies was because it was his birthday and he was attending a birthday celebration (2~ Announced that the three judge panel approved the aainsharing agreement with the Town of Vinton which will be retroactive to July 1 1999 (3) Report that as a member of the VACo Board of Directors he is serving on a VACoNML Committee that is looking at ways to increase in working with the General Assembly on local issues The first meeting was held in Richmond (4) Announced that reporter Cindy Murphy will be leaving the Roanoke Times to take a job with a Little Rock Arkansas newspaper and wish her well (5) Asked that the June 13 action on funding for the human service agencies be brought back for reconsideration to the July 11 meeting.: Supervisor Minnix: (1) Also offered best wishes to Cindy Murphy (2) Commended those who serve on School Boards Planning Commission. Boards of Supervisors and City/Town Councils and noted that the people who serve are genuinely concerned about serving the Roanoke Valley, and that he was very proud of the Roanoke County Board of Supervisors He pointed out that everyone needs to realize that it is "all about public service" and to treat everyone with courtesy V. ADJOURNMENT TO THURSDAY, JULY 6, 2000 AT 9:30 A.M. AT THE ADMINISTRATION CENTER FOR A MEETING WITH THE HONORABLE BOB GOODLATTE, U. S. CONGRESS. ECH ASKED FOR ITEMS TO DISCUSS AT THE JULY 6 MEETING AND ADVISED THAT THERE WOULD BE AN UPDATE FROM CONGRESSMAN GOODLATTE ON FEDERAL LEGISLATION AND THAT I-73 WOULD BE DISCUSSED. HOM ASKED THAT FEDERAL FUNDING FOR SCHOOL CONSTRUCTION BE ADDED TO THE AGENDA. HOM ADJOURNED MEETING AT 9:04 P.M. 10 . , ~ R AN ,~.~ .. ~ 9 z ~ z v a~ rsa C~o~~xx~#g a# ~.a~x~.a~~~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JUNE 27, 2000 rffvr cF n¢ ewe xmr~ 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. 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, Jr. 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 D. BRIEFINGS E. NEW BUSINESS 1 ® iiecycled Paper 1. Request for approval of issuance of up to $6,500,000 in industrial revenue bonds by the Industrial Development Authority for the benefit of Friendship Manor. (David Porter, Economic Development Director) 2. Request to accept additional state revenues and appropriate to the Sheriff's FY1999-2000 budget. (Brent Robertson, Budget Director) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. 1. First reading of ordinance to obtain a Special Use Permit for a pet crematorium, located in the 8800 block of Starlight Lane, Cave Spring Magisterial District, upon the petition of P. D. Jackson/Donna Mason. 2. First reading of ordinance to obtain a Special Use Permit to construct a 180 foot broadcasting tower, located in the 300 block of John Richardson Road, Hollins Magisterial District, upon the petition of U. S. Cellular, Inc. G. FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing execution of an agreement to clarify easement rights and ownership in connection with a Utility Department reservoir lot on Dorset Drive. (Gary Robertson, Utility Director) H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing quitclaim and release of access, water, sanitary sewer, public utilities and drainage easements within boundaries of South Concourse Drive located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe in the Hollins Magisterial District. (Arnold Covey, Community Development Director) 2 2. Second reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days. (Joseph Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals 2. Highway and Transportation Safety Commission 3. Industrial Development Authority 4. League of Older Americans -Advisory Board 5. Parks and Recreation Advisory Commission 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 for May 9, 2000, May 23, 2000. 2. Confirmation of committee appointment to Parks and Recreation Advisory Commission. 3. Request for authorization to execute an operating contract with the Roanoke Valley SPCA. 4. Request from Schools for $4,917,338 appropriation to the Regional Special Education Fund. 5. Request for acceptance of a $9,565.02 grant by the Police Department to continue the Cops for Coaches Program. 6. Acceptance of three grants for the Roanoke Valley Greenway Commission, authorization to expend the funds, and authority to 3 execute the grant contracts. 7. Closeout of Youth Haven II petty cash fund. 8. Approval and appropriation of $42,331 Family Preservation Act monies. 9. Acceptance and appropriation of $17,388 Juvenile Accountability Incentive Block Grant. K. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts paid -May 2000 6. Status Reports on County projects 7. Proclamations Signed by the Chairman 8. Statement of Treasurer's Accountability per investments and portfolio policy as of May 31, 2000 O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344A (7) consultation with legal counsel pertaining to actual litigation, County of Roanoke v. Lee; 2.1-344A (5), discussion concerning a prospective business or industry where no previous announcement has been made. EVENING SESSION 7:00 P.M.) 4 Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation to Jeremy Ford, Patrick Greer and Jesse Janney for exhibiting honesty and integrity in turning in found money to the Police Department. S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to obtain a Special Use Permit for a religious assembly, located in the 6800 block of Thirlane Road, Catawba Magisterial District, upon the petition of Connelly Memorial Baptist Church. (Terry Harrington, County Planner) 2. Second reading of ordinance to rezone .891 acre from I-1 with conditions to C-2 with conditions to construct a professional office with retail, located at 4903 Starkey Road, Cave Spring Magisterial District, upon the petition of Nancy Meyer-Barker. (Terry Harrington, County Planner) 3. Second reading of ordinance to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Road, Cave Spring Magisterial District, upon the petition of James R. Walker. (Terry Harrington, County Planner) 4. Second reading of ordinance to obtain a Special Use Permit to construct a 140 foot lattice tower and associated facilities, located on the southern end of Brushy Mountain off of Route 311 and Route 794, Catawba Magisterial District, upon the petition of Valley Communications. (Terry Harrington, County Planner) 5. Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Road and east of Indian Grave Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. (Terry Harrington, County Planner) 6. Second reading of ordinance to amend a condition, attached to a Special Use Permit related to landscaping at a miniwarehouse facility, located in the 7200 block of Barrens Road, Hollins Magisterial District, upon the petition of Three W Corp. (Terry 5 Harrington, County Planner) 7. Second reading of ordinance amending and reenacting Sections 21- 150 "Definitions", 21-151 "Levy of Tax; Amount", 21-152 "Payment and Collection of Tax", 21-154 "Report of Taxes Collected'; Remittance; Preservation of Records", 21-156 "Tips and Service Charges", 21-163 "Violations of Article" and 21-164 of Chapter 21 "Taxation" of the Roanoke County Code in order to provide for uniformity in enforcement of meals tax ordinances across the Commonwealth. (Joseph Obenshain, Senior Assistant County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS V. ADJOURNMENT TO THURSDAY, JULY 6, 2000 AT 9:30 A.M. AT THE ADMINISTRATION CENTER FOR A MEETING WITH THE HONORABLE BOB GOODLATTE, U. S. CONGRESS. 6 -w AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 RESOLUTION 062700-1 AUTHORIZING ISSUANCE OF UP TO $6,500,000 IN INDUSTRIAL REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR THE BENEFIT OF FRIENDSHIP MANOR WHEREAS, the Industrial Development Authority of the County of Roanoke, Virginia ("Authority"), has considered the application of Friendship Manor, Inc. ("Borrower") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $6,500,000 ("Bonds"), $4,200,000 of which will be used to assist the Borrower in financing renovations, improvements and equipment for the Borrower's 373- bed nursing home facility (the "Facility") located at 327 Hershberger Road, N.W., in the County of Roanoke, Virginia and $2,300,000 of which will be used to refund a prior 1979 bond issue of the Authority, the proceeds of which were used to (a) finance improvements to the Facility and an addition thereto and (b) defease a prior 1974 bond issue of the Authority, the proceeds of which were used to finance the original construction of the Facility ("Project"), and has held a public hearing on June 7, 2000; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Roanoke, Virginia ("County"); the Project is located in the County and the Board of Supervisors of the County of Roanoke, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. -~ 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f.103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Roanoke, Virginia this 27th day of June, 2000. On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: `TYC~.~.~-- ~ . Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File David R. Porter, Director, Economic Development, Secretary-Treasurer, IDA Ed Natt, General Counsel, IDA 2 Item No. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, ROANOKE COUNTY ADMINISTRATION CENTER, 5204 BERNARD DRIVE, SW., ROANOKE COUNTY, VIRGINIA ON TUESDAY, MEETING DATE: June 27, 2000 AGENDA ITEM: Resolution to approve the issuance of up to $6,500,000 in industrial revenue bonds by the Industrial Development Authority (IDA) for Friendship Manor for renovations and improvements of facilities and to refinance a prior bond issue. COUNTY ADMINISTRATOR'S COMMENTS: ~~~.Gt~7nrry vet ~~ .' y~~%rJ •'=- EXECUTIVE SUMMARY: Friendship Manor, Inc. is a skilled and immediate-care nursing home (373 beds) located on Hershberger Road in northwest Roanoke. It is operated as atax-exempt 501(c)(3) corporation. The business was founded in 1966. The bonds will be used to assist Friendship Manor in financing renovations, improvements, and equipment; and to refund a prior year (1979)-bond issue. At a public hearing of the IDA on June 6, 2000 the Authority passed an Inducement Resolution authorizing the issuance of revenue bonds up to the $6,500,000 requested. No one spoke in opposition to the Resolution. SummarX of Information: The Roanoke County Industrial Development Authority (IDA) was formed in 1970 under the provisions of the Code of Virginia to promote economic and industrial development within Roanoke County and the Town of Vinton. One role of the Authority is to assist new and expanding manufacturing companies by the issuance of tax exempt Industrial Revenue Bonds (IRB's) which can be used to finance up to 100% of the costs of constructing and equipping eligible facilities. The Internal Revenue Code of 1986 also allows the Authority to issue bonds on behalf of eligible non-profit 501(c)(3) corporations such as education institutions and certain medical facilities. -- The Authority functions as the vehicle through which bonds are authorized and issued by a private financial institution. Neither the Authority nor the County are liable for the repayment of bonds, nor do they co-sign the bonds when issued. Since 1970, bonds totaling more than $90 million have been issued by the Authority in Roanoke County. The Authority has a separate Board of Directors appointed by the Board of Supervisors. Friendship Manor is requesting bonds in an amount up to $6,500,000 which includes $4,200,000 for use in financing renovations, improvement and equipment and $2,300,000 of which will be used to refund a prior 1979 bond issue of the Authority, the proceeds of which were used to (a) finance improvements to the facility and (b) defease a prior 1974 bond issue of the Authority, the proceeds of which were used to finance the original construction of the facility. FISCAL IMPACT Friendship Manor, Inc. is a tax exempt 501(c)(3) organization. There will be direct and indirect economic impact from local purchases, new employment and related wages as shown on the attached fiscal impact statement. Under the agreement dated February 23, 1987 between Friendship Manor and Roanoke County, Friendship Manor Apartment Village Corporation pays Roanoke County an annual fee which constitutes 20% of the real property taxes on their property in Roanoke County. Under this same agreement, Friendship Manor, Inc. which operates its nursing home operations, pays 100% real property tax on buildings and improvements and 100% personal property tax. This will amount to $122,700, of which $40,680 is new ($3,600,000 x $1.13 per $100), based on taxable value of the facility's improved real property and $33,719 in personal property tax, of which $21,000 is new ($600,000 x $3.50 per $100). This represents $61,680 in new taxes when improvements are completed. STAFF RECOMMENDATION Staff recommends that the Board of Supervisors approve the attached resolution as requested by the Industrial Development Authority for up to $6,500,000 of industrial revenue bond financing on behalf of Friendship Manor, Inc. Respectfully submitted: Approved: David R. Porter lmer C. Hodge Director of Economic Development County Administrator ~_/ ACTION Approved ( ) Denied ( ) Received to Referred to Motion by: No Yes Abs Church _ _ _ Johnson McNamara _ _ _ Minnix _ Nickens Minutes of Industrial Development Authority of Roanoke County 9:30 AM June 7, 2000 MEMBERS PRESENT: Bill Branch, Chairman Carson Quarles, Vice-Chairman Carole Brackman Ronald Martin Steve Musselwhite STAFF: Ed Natt, General Counsel David Porter, Secretary-Treasurer GUESTS: Calvin Lilly Vincent Copenhaver MEMBERS ABSENT: J. Richard Cranwell Neil Gallagher Chairman Bill Branch called the meeting to order at .9:30 a.m. in Room 420, Roanoke County Administration Building. Minutes of the IDA meeting on May 3, 2000 were approved as written. UNFINISHED BUSINESS: Mr. Porter advised that a "Performance Agreement" with Springwood Associates has yet to be approved by all parties. At issue is language used to describe how the County Administrator will process requests from Springwood Associates for approval of development plans. Chairman Branch will review final draft of "Performance Agreement" prior to its execution. NEW BUSINESS: Calvin Lilly, CFO, Friendship Manor, Incorporated, presented a request for revenue bond financing up to $6,500,000 for his organization. Copies of the Application and the Inducement Resolution were provided. Funds will be used in part for renovations and improvements to Friendship Manor's facilities on Hershberger Road and in part to refinance a prior bond issue. Resolution was approved by unanimous vote with Mr. Quarles abstaining. ~-I TREASURER'S REPORT: Mr. Copenhaver, Roanoke County Finance, provided a report of revenues and expenditures through 05/31/00. He stated that all accounts were in order and that a balance of approximately $12,100.00 remained in the operating expense account. The meeting was adjourned at 10:O5AM. NEXT MEETING: July 12, 2000 Respectfully Submitted: David R. Porter Secretary-Treasurer E-I June 7, 2000 Board of Supervisors County of Roanoke, Virginia 5204 Bernard Drive Roanoke, Virginia 24018-0798 Industrial Development Authority of Roanoke County, Virginia Proposed Financing for Friendship Manor, Inc. Friendship Manor, Inc. ("Borrower") has requested that the Industrial Development Authority of Roanoke County, Virginia ("Authority"), issue up to $6,500,000 of its revenue bonds ("Bonds"), $4,200,000 of which will be used to assist the Borrower in financing renovations, improvements and equipment for the Borrower's 373-bed nursing home facility (the "Facility") located at 327 Hershberger Road, N.W., in the County of Roanoke, Virginia and $2,300,000 of which will be used to refund a prior 1979 bond issue of the Authority, the proceeds of which were used to (a) finance improvements to the Facility and an addition thereto and (b) defease a prior 1974 bond issue of the Authority, the proceeds of which were used to finance the original construction of the Facility ("Project"). As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the issuance of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. ,l ~GZtif~,/'' ~ G/~ Secretary, Industrial Development Authority of Roanoke County, Virginia ~~ .m CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Roanoke County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on June 7, 2000, at 10:00 o'clock a.m. in Room 420 at 5204 Bernard Drive, in Roanoke, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of Friendship Manor, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Roanoke, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. A-062700-2 ACTION N0. ITEM NUMBER ~"~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 AGENDA ITEM: Request to Accept Additional State Revenues and Appropriate to the Sheriff's FY1999-2000 Budget. COUNTY ADMINISTRATOR'S COMMENTS: '~ ~.. i~'~- ~~ n ~~ V`~' SUMMARY OF INFORMATION: During FY 1999-00, as in previous years, the inmate population at the Roanoke County Jail has remained above capacity. In addition, the average inmate population increased from 193 to 217, an increase of 12% over the prior calendar year. As a result, operational costs such as food, utilities, medical costs, etc. continue to consume a substantial portion of the Jail's budget. After reviewing the Sheriffs year-to-date expenditures, a year-end deficit of $136,000 is projected. Administration & Civil $12,000 Care and Confinement 148 000 Total $(136, 000) Roanoke County is reimbursed by the state for salaries, mileage, office expenses, and for housing state prisoners. The reimbursement for state responsible inmates varies between a rate of $6 and $8/day. In addition, the City of Salem reimburses the County for housing its prisoners on a per diem basis. State reimbursement for commonwealth responsible prisoners is subject to state prisoner population, general assembly appropriations, and political factors, variables difficult to consider in revenue projections. Given this fact, revenues for these items are estimated conservatively with the intention of seeking additional appropriations from the Board of Supervisors if the inmate population increased expenses and the related reimbursements. f • ~ C- Based on the conservative revenue estimates versus the projected revenues anticipated to be collected from the state and from the City of Salem for the Sheriff's Department for FY99-00, revenues in excess of budget for these categories should total approximately $300,000. STAFF RECOMMENDATION: Staff recommends an appropriation adjustment to recognize an additional $136,000 of state revenue for personnel and operations reimbursement and increasing the Care and Confinement budget within the Sheriffs department by $136,000 to cover increased operational costs of the jail caused by increased inmate population, staffing requirements, and capital reimbursements. Respectfully submitted, Approved by, ~ 11 --~~ ~ ~ 1""" ~, W. Brent Robertson Elmer C. Hodge Budget Director County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to appropriate Church _ x Denied () funds Johnson _ x _ Received () McNamara- _ x Referred () Minnix _ x To () Nickens _ x cc: File W. Brent Robertson, Director, Budget Sheriff Gerald Holt 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: June 27, 2000 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 July 25. 2000. The titles of these ordinances are as follows: 1) Petition of P.D. Jackson/Donna Mason to obtain a Special Use Permit for a pet crematorium, located in the 8800 block of Starlight Lane, Cave Spring Magisterial District. 2) Petition of U.S. Cellular Inc. to obtain a Special Use Permit to construct a 180 foot broadcasting tower, located in the 300 block of John Richardson Road, Hollins Magisterial District. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. ~1~~ 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 July 25. 2000. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Item 1, 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, C~~ rn. Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by No Yes Abs Church Johnson McNamara Minnix Nickens County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P O Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (540) 772-2108 F- / Fnr .4taff TTca only Date receiv Received by: e ~ ~ ~~ ~'( S' Z~ s~. Application fee: ~ ~ Q. ~ ~ P /BZA date: ~ to ~ Cr Placazds issued: BOS date: x'43 ~.~~`~ ~ 2.}` Zy:i=~ Case Number ~I_ ,,_ ALL APPLICANTS Check type of application fi, l~,d (check all that apply) ~ Rezoning Special Use O Variance Applicants name/address w/zip Phone~_~~. ~ZS, 2oeo v. a~~seN PO Q o.~c 2 oSo2 ~ flO,Qi.,o KF vA 2 yo/ $ , p psi Fax No. Owners name/address w/zip Phone: 541Q, 776 7(os( , Ou~N4 L, ~SoaJ ~3~3 Gx.~-~~~,,~ ~eo~FO~ 8oarf5 i-~t ~c.c. tn/.}. aypbS x No. S~/d, 7~~, 7~~~ ~ Property Location ~ ~~ ~°' (~ f'C -, ~ ~ S ? q~tri Gs~T ~~ aT F Magisterial District: . . /~~/K uN ROAD ~ ~~'/"d/~ GavNT Community Planning area: Tax Map No.: ~~ ~,, ~~ ~ ~ , Existing Zoning: ~~ ~' Size of parcel(s): Acres: OZ7• y$ Existing Land Use: ~ - /~- , REZONING AND SPECIAL USE.PERMIT APPLICANTS (R/S} ~~ Proposed Zoning: '~~-~ Proposed Land Use: ~'~'~? ~ ~%~ ~' (~r`y,~.~-~„-; u ~ Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? ~ 0 Yes No IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes ~ No 0 IF NO, A VARIANCE IS REQUIItED FIRST If rezoning request, are conditions being proffered with this request? Yes O No ~ VARIANCE APPLICANTS (V) - 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. R/ V R/ V R/ V Consultation 8 1/2" x 11" concept plan Application fee Application Metes and bounds description Proffers, if applicable Justification ^~ Water and sewer application Adjoining property owners I hereby certify that I am either the owner of the property or the owner s agent or contract purchaser and am acting with the knowledge and consent of the owner. /~ L- • ~--~r Owner's Signature JUSTIFICATION FOR' REZONING OR SPECIAL USE PERMIT REAL-EST Applicant ~ ,~. ~~~Su./ ~ ~ y/`•~•- ~. C.. /y1~5o,~1 ~~ 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 welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. T f~ ~irrr f aSFD P ~T C ~tF-~7v~a.Y ST/w ~~ v 2F TO 4 E E2 Fc Tye ~•• ~ t c. /-i/.~ VE T ~ !-1~°P F/~'jC A rv t G OF' 4- T/.FST FFv ~- l~+ 5 Tt C 12 F 5 / !J ~•+Tr ~-L r}~ i-~i 6 ~T/f+f.-,~ I F~'AN ONF OF /kN /NpuSt+'L/~q-t_. /V/~Tv2C , q.(Lf~q-S /~'J'lovw+n ~(C~ STlZvC7v!2C- W / L[~ I,S ~ G-.~'n~0 S C.~C~ ~4^/~ ,G} n~/.~~v2~ w,ey,,~G w r ~ ~- ~ F M~i-iiVTi}-/ MC-~ 'I Td Ptit-s C~ ~ F TffF ~v.4fi•,r.~L ~},e(a#-, Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. Ti-t~ Piro Pos ~0 S ! TF wr u i/t ,~}'I ~T~1'/N /fi"~D E'N rF-ii N C ~ T7~F ~+ R- /~ L S~l7i~(s of r ~~i 5 ~ro ~NTy C o~t~» vim' TY. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. /ll•~f~/C fd ?!~ 5 !?E W! c.t~ ~ f~ /Y!/N/M1.}~L ~jlQH'1 ~C ~ STj.v(T ~i/k~S , j7-IG (~QopvS Eo st 1'C ! 5 C ~',Q 2tivT ~ y /kN n v ~G 20 u-~ FI EL D , THE ~,~}craifY ANA St,R/ivcrp~~G 6t1~pt-~•s/l~on,p ~uauLp t-FiWF q ~u s ~ re vE I ~ P~ cT AEs T'HcT/ c ~ ~~ r, ~ siil~ ,i~;. I ,,il i. ~'~ ; E il' I~. ONE-LEVEL LIVING SPACE PERFECT FOR GUEST HOUSE OR OFFICE PLAN 9937 (REFER TO PRICE LEVEL L11 ^ Independent living is easy with this unique design. It allows for one-level of living space and another for amulti-car garage. ^ A vaulted ceiling tops the living room, and creates an open gathering space. ^ The kitchen provides full amenities and sits adjacent to the dining room, which has French doors. ^ The bedroom offers a closet (2'0" x 5'0") and a full bath (5'0" x 10'0"). ^ An 834 square-foot garage below adds plenty of space to keep cars and use as a storage area or work space for a hobbyist or handyman. ^ Plan includes a slab foundation. TOTAL LIVING AREA: 659 sg. fi. BEDROOMS: 1 BATHS: 1 G~~~ ~xT~,c, oR ~-~Pc-~"~~c- ~nTr~'ovT REvtslo~5 - /~' 36'0" ~~' BOTTOM LEVEL C Kitchen 6'9" x 9 3 I`1~ Dining Room 9'4` x 13'0" Living Room ' 4 12'5 x 12 Bedroom 10'0" x 13'0" TOP LEVEL 106 BEST SELLING HOME PLANS • April 2000 To order blueprints or Customization Kits, phone toll free 1-800-526-4667; _- - - ,~ ,:~. ~,~„, _ • "M"I~'~wVIN10HIA'3NONY021 V~ SN3NNtl1d-S80A3ANf 1S-SN33N I JN3 '~'d'S3,LdIJOSSV N945Wf1'i VMllIIA ~AL7fg0 HfIONVOtl M O1Yfl1i~ NYId NOSN~Yf '0 'd Al~VNIW1~3Hd uor muv.uur AdVf11dOW 13d 3A0li0 N3dSV ~i I Isu I \'~ ~~~ ~~~a~ ~~ ~~ l~ae5~ i I / _ i / ~ ~ ~~ ~ ~ ~ i ~ ~ ~ ~ i ~ ~ ~ ~y ~\ '~ i '~ ~ yy ~ ~ ~ ~ J I ~ ii+~S~a ~ ~~ ~ ® '~~ \ ` \ ~ ~ ~ I i I \ ~\ ~ I ~ ~ I 1 ~ ® ® ~ ~ 1 ~ ~ ~ ~ \ b • / `` 1~ 11~ ~~ I ~~ / ~ h`g~~ II~Q I ~ ~y \ a ~~y II , ~~ ~~~a 1'~; ~ a ~a~~~~ ~ a ~~~ ~ ~~ , Oia~sre ~ >> ~~ ~ ~r ~ ~~~-i-- ~ ~ ~~ ~ ~~ ~~ ~~ ~~ M~~ ,~~~ R ~~s ~' ~~ ~~~~ ~~ tfb/29/YOt}0 01:07 FAX 8048bt1749~ naa...... ~,. -- Fa Ctw,nty of Roanoke Comencsnity DovelapmAat Plan>aing & 2ot>Lng 5204 Heraar~t bravo P d Box 2400 goAJaice, VA 24018-0794 (S40) T!?.-2068 FAX {540) 7722106 L }}__ M\~t.. Q~ee nKrivedt iroMnd b' ,~;~ ~ rcnzr, a.w: Jh~ ~: t~oa ~' c... Nambw Cbeelc type of application !fled tobeck ali then iPFiY) D Variants D Aetopias 1~ Uza App1lcarmr ssarndaddre~a wlzrip U . S . C e 11 u l a r , Inc . ~ ~ ~ - ~ ~F-8.6,L c/o Atlantic Tower C E~pNo,~7493 10197 Maple Leaf Court, Ashland, VA Oanu'e a~addtoee wlsip Len F . &Dorothy A . Pbos>e .,,~7? 1.~.2L1]li DeShano Fan ~ Shoreline Marina Circle, #115,Moneta,~~A 24121 rope -Locadad New Plantation & I-Ra6irterlal Dittrlct: ~ n Hershberger Roads Coasmsiaity Plannio6 area: T~ ~p ~•~ 3 8.1 6 -1- 7 ]atl~ Zoattsi: C - 2 Sim aipasoel(0: Anse' ,~,~,1 1 F~l~da8 ~ ~~ Unim roved :,~ „ ~ s~ :~::::;:'~:s:~;er`~twi,.;n~+tr'.oi[i~~,~)R',~tPPlt~i~t2VTs;(3i~$fr: .'. _ ~. Preooeed I.aod Qw: Dou the paeel tstsex she mtairnsvm is uaa, widtla, and ikoats6e ta4uire,neaa of the regtutood dletzics? Yea ~ No O It!' NO, A VAf~ttIANCR TA )I~QL'IILED F~$T. Does t>Sa pa[oel meat the adotmuta arltarta ibr dte requested U~'type? Ya ~! No 0 IF N0. A VA~A»iC6 CB AY~[JIIL»CD F'~JpP if caoain= re9nnt. are ooadit~oa be~i psolfered wits thin requen7 Yee Q No D ,~ t~ Vtrianoa of Secsba(sj ._._...1--.--~-- Of siu Roanoke COUnsy Zoait~ OLd6n~3ce in order so: ITSMB AA>611~61NG OSt ~• RJB Y V ~aatatutbe i ln" x li ~ aooccpc p1sA Applis.doa~ee Ap,p[ica,;o,e a[c+a ana decrtpeioa Prc[lbra, it 1ppt~eahle JufdAnselOQ Wear And Dawes apptloattoa ~Wls'~i F~tY ~'~~' sr and on actin= with tb~ lmowlod{e Aed I berbY eDetity apt 1 aan either tJue owner of me ar the owtru~A a ooetnct ~ cooaeta a3 tin oaea. ~ ~ C9rnm'e S18aaours .~~ ZQ'd S'iLb TZZ 0bs 1N31 ONIQ1If1H 3WOH SddHO Wtt Tom: L0 y0-9Z-ACW +. I JUSTIFICATION FOR'. REZONING' OR SPECIAL-.USE PERMIT REQUEST : I Applicant U.S. Cellular 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 welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. (See Attached) Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. (See Attached) Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation and fire and rescue. (See Attached) Fa Justification for Rezoning or Special Use Permit I. Please ezplain 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 applicant's proposal conforms with all of the general standards identified in the zoning ordinance. The tower is a monopole type structure, of flat matte finish, is less than the maximum permitted height of 199', meets all setback requirements, will not be illuminated unless required by the FAA or FCC, is designed such that the structure and the site can accommodate at least three (3) additional communication operators, and does not infringe on the Blue Ridge parkway or Appalachian Trail viewsheds. II. Please ezplain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. The applicant's proposal conforms with the general guidelines and policies of the Comprehensive Plan in that the applicant has made every reasonable attempt to minimize impacts associated with the development of the proposed tower and site on the surrounding scenic beauty of the area. The applicant unsuccessfully pursued co-location at several alternate locations. The site that was finally selected is zoned C-2, and as such the development of a tower is an appropriate use. Development of this site represents an important part of the applicant's communication network providing coverage where none currently exists. As such, an important public service will be provided vis-a-vis wireless communication for public safety, business and personal needs. To this extent, space on this structure is available to the County for locating public safety communication equipment or to fulfill other communication needs. III. Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. Great caze has been taken on the part of the applicant to minimize impacts on the proposed site and other concerns surrounding the site. A monopole type structure, of flat matte finish, has been proposed which will have the least visual impact as compared with other type tower structures. The proposed tower height is the minimum height required to meet the applicant's objectives. The site is designed to minimize the area to be disturbed. Appropriate erosion control measures will be taken to contain any run-off. Upon completion, all disturbed areas will be reseeded. Landscape screening will be provided around the entire perimeter of the fenced area. This site does not require water/sewer service and thus will have no impact on these services. The proposed site will not impact upon any school, parks or recreational areas, fire/rescue facilities and will have little to no impact on traffic. ~~ JUSTIFICATION FOR. 'VARIANCE REQUEST Applicant The Board of Zoning Appeals is required by Section 15.2-2309 of the Code of Virginia to consider the following factors before a variance can be granted. Please read the factors listed below carefully and in your own words, describe how the request meets each factor. If additional space is needed, use additional sheets of paper. 1. The variance shall not be contrary to the public interest and shall be in harmony with the intended spirit and purpose of the Zoning Ordinance. 2. The strict application of the zoning ordinance would produce undue hardship; a hardship that approaches confiscation (as distinguished from a special privilege or convenience) and would prohibit or unreasonably restrict the use of the property. 3. The hardship is not shared by other properties in the same zoning district or vicinity. Such hardships should be addressed by the Board of Supervisors as amendments to the Zoning Ordinance. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. ' I CONCEPT PLAN CHECKLIST ', A concept plan of the proposed project must be submitted with the application. The concept plan shall graphically depict the land use change, development or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the applicant may proffer conditions to limit the future use and development of the property and by so doing, correct any deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a building permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and accepted in a rezoning or imposed on a special use permit or variance, the concept plan may be altered to the extent permitted by the zoning district and other regulations. A concept plan is required with all rezoning, special use permit and variance applications. The plan should be prepared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suggest the addition of extra items, but the following are considered minimum: ALL APPLICANTS / a. Applicant name and name of development / b. Date, scale and north arrow / c. Lot size in acres or square feet and dimensions / d. Location, names of owners and Roanoke County tax map numbers of adjoining properties / e. Physical features such as ground cover, natural watercourses, floodplain, etc. / f. The zoning and land use of all adjacent properties ./ g. All property lines and easements i/ h. All buildings, existing and proposed, and dimensions, floor area and heights / i. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the development / j. Dimensions and locations of all driveways, parking spaces and loading spaces Additional information required for REZONING AND SPECIAL USE PERMIT APPLICANTS / k. Existing utilities (water, sewer, storm drains) and connections at the site i 1. Any driveways, entrances/exits, curb openings and crossovers / m. Topography map in a suitable scale and contour intervals / n. Approximate street grades and site distances at intersections / o. Locations of all adjacent fire hydrants .~ p. Any proffered conditions at the site and how they are addressed q. if project is to be phased, please show phase schedule I certify that all items required in the checklist above are complete. ~_ a STATEMENT OF JUSTIFICATION FOR ROANOKE COUNTY, VIRGINIA MAY 26, 2000 APPLICANT: UNITED STATES CELLULAR PURPOSE: CONSTRUCT A 180' TELECOMMUNICATIONS MONOPOLE TOWER AND FACILITY Applicant, United States (U.S.) Cellular, develops and operates telecommunications towers and sites as part of the infrastructure of their wireless communications business. NATURE OF THE REQUEST U. S. Cellular seeks to construct a 180' monopole tower with antennas on a 3 sector platform, a 12'x24' unmanned equipment shelter, a 7' high chain link fence, and an access driveway to the facility on property owned by Len F. and Dorothy A. DeShano near the intersection of Plantation and Hershberger Roads in Roanoke County, Virginia. The details of the site development are set forth on the enclosed site plan. The subject property is zoned C-2. In order to construct .and operate a telecommunications facility in this zoned category, U.S. Cellular must use the criteria found in Section 30-87-2 of the Roanoke County Zoning Ordinance as a guideline and obtain a Special Use Permit under the provisions of Section 30-19. U.S. Cellular seeks to construct this facility in order to improve the quality of wireless service offered in this portion of Roanoke. This area is roughly 2.5 to 3.5 miles from the nearest U. S. Cellular site, and as a result suffers from blurred voice service on Digital and crosstalk on Analog. By breaking up the distance between all of these sites with the proposed cell, the "cell size" of the surrounding sites will be reduced, interference will be reduced, multipath will be over-ridden and calling capacity in the Valley will be increased. Please refer to the enclosed U.S. Cellular Engineering Statement for the Cellsite at Plantation &Hershberger and coverage maps for the Roanoke Valley. On April 24, 2000 the applicant met with county planning staff. During this consultation, the applicant presented information to county staff outlining system objectives, proposed coverage areas, and other sites that were considered. U.S. Cellular considered several sites within their target search area for co-location. A site next to Star City Roller Skating Center was initially considered. This site was rejected by the applicant after appeals by the owners of the Harshbarger House; a registered historical building located approximately 200' from the skating rink site. Other carriers are located ~~ on the roof of Friendship Manor (care center), but there is not any additional space or antenna mounting positions available on their rooftop. The tower, as planned, will be a monopole with a galvanized and flat matted finish unless otherwise required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC). The monopole tower will contain no signs and will not be lighted unless FAA or FCC requirements so mandate for safety reasons. The tower will contain space for use by the Roanoke County Public Safety Departments (Sheriff, Fire, and Rescue) to enhance their coverage of the Roanoke valley. Enclosed please find the Visibility Analysis and photo simulations, which depict the actual visibility of the monopole structure from various locations. U.S. Cellular is currently in the process of filing with the FAA. The FAA findings upon receipt will be provided to the Roanoke County Planning Department. APPROVAL CRITERIA Site Selection Suitability The site is located in a C-2 zone, which is appropriate use for commercial tower development. The Statement of Justification sets forth the need for the approximate location. The site plan shows that the tower will be located on the property in conformance with the setback requirements proposed for the communications facilities ordinance. 2. Shared Use of Facilities The applicant will provide for County access to the facility for its own emergency services radio system. U.S. Cellular has made accommodations for three (3) potential collocations available on a first come first serve basis to all users of communications facilities in this area of the County. 3. Traffic Impact There is little or no traffic impact. The proposed site will be located at the end of a private access easement to be constructed by the applicant. 4. EnvironmentalImpacts There are no water or sanitary facilities to be located on the site. There will be no substantial increase in storm water runoff. Appropriate erosion control devices will be provided where required. Upon completion of the site, disturbed areas will be seeded. Landscape screening will be provided around the entire perimeter of the fenced area. 5. Public Health and Safety The proposed tower will be a monopole type structure. It is designed to significantly minimize the likelihood of the tower collapsing. There are no permanent structures, occupied or otherwise, within two hundred (200) 2` feet of the base of the tower. There are no known health or environmental hazards associated with the radio frequencies anticipated on the antennas to be located on this tower. This use will not result in harmful fumes, noise, vibration, odors, dust, glare or physical activity from the equipment or tower. 6. Special Use Permit This tower application meets all the requirements of Section 30-87-2 of the Roanoke County Zoning Ordinance. 7. Other The facility will operate on a 24-hour per day basis. There will be no employees or other visitors except occasional maintenance personnel. Enclosed hereto please find eight (8) copies of the site plan and other materials required for this application. Sincerely, Atlantic Tower Corporation (ATC) By: Shawna Ashenden Agent for Applicant, U.S. Cellular I ~~ _~~® ~ 1 ;f fi~w.r~!! ~`'~ d msterdam ~ ~ +, Glebe Mills ~ ~' tildrth Mbunt~1n3062 c ~r :fi,~ee ~\ yGra•,relly Ridge ;~~ ` rOUL111 1 zzo ,~,/~ ~~ \ ~ ~• ~~~~ ~~ ~~ :b~~l ~ ~ ~. ~ r, 1 Mc~ Knob 3197 ~1 ~~~~ ~ ~ ~v x , > ~ ~ 'v: ~~`~. ,i„ ~~ a- ,- ~ .;ata~wba Mountain ti360 .r, \ ~• ti. \ p&ushy Mountain 2428 ' ~Z' 31 +: it, ~ I ,~` _~ Ma < n Cove Bennett Springs ~ ~ Coyner Mounta u ~ I ~~_ ® lover ~ ale „s ., ; ~ reen; edge .. ~ ~Wel3ster _ _, ,v/:ry 11 ~~ ~ 2211 . 4 - -- 1i~ .H0111115 ° ead Mo ain 2353 fi Friendship Manor ark-Rollo - , , 327 Hershburge Rd NW l - ~'`~ / ..:_ ~ 540-2G5-2117 ~lorlaf oodrur~}-Field. ,;; onfiack. ~ '' -- - 311 .: ~, 118, - ; , '. - -' , ~ ~ ' ' - . ediey r _-., et`s Mill 41s = _ .,~' ,,r' ~ ' ~ ~, - ,17 , . ; ~ Star City Skating Center ~ zzoA ~~~~ tewart Knob 2435 ~ ~ 101 140 Hershburger Rd NW `~- ~`~ weaver Knob ,~ n ~\fllage 1is ' ' 546-362-)500 ~ ~ / Salim 11A a ood El.irta -~ .. -- - - - - ,, 4 .~~ ~.._ ... ,_ I~i~„~i _ :~~-~-._ ~~in °Eurpk~ 1t' T~irp~eF,Rark ~~ ..~ -, 24 ~ ~ - - ._ , ,.~ Gfl~t+oln~ , ~ ~ bNorsepen ..' ~ _ - ~_' " ~ ~~ `' Roanoke 7 ~ --- - `^` ,. ~rd ~+urY Park* i - Mag 12.(X1 11 ~ s~ ~ ° ~:~~ ~'f2oanoke Vtt~s~#`P _ ~Q~e _ Thu May 2516:43 2000 _~. 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ACTION # ITEM NUMBER v AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 SUBJECT: First Reading of an Ordinance to Authorize Execution of an Agreement to Clarify Easement Rights and Ownership in Connection with a Utility Department Reservoir Lot on Dorset Drive COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: A deed between Hidden Valley Corporation, Richard Hamlett Construction Company and Hidden Valley Water Corporation reserved a tract of ground showing a reservoir and a 30-foot drive and utility easement as shown on Preliminary Plat of Section 5, Hidden Valley Homes. (See attached map.) This deed dated April 15, 1967 was recorded in D.B. 825, pg. 219 and was later transferred to Roanoke County when the County purchased the assets of Hidden Valley Water Corporation. The preliminary plat was never recorded and there are no metes and bounds description of the property acquired by Roanoke County. It is unclear if the 30-foot easement is County property and was intended for access to Lots 5 & 6 as shown on the preliminary plat or is a private property and was intended as access to the reservoir. SUMMARY OF INFORMATION: This situation came to staff's attention in May of this year when Dr. Peter Kelly (owner of what is now called New Tract "A") requested clarification of the easement and permission to use the easement for access to his property. The County Attorney staff has reviewed the available information and is recommending an agreement between the three property owners (Roanoke County, Peter Kelly, and Paul and Bernice Chaney). This agreement would allow Mr. Kelly to use and maintain the easement and provide a recorded clarification as to ownership of the property. -. STAFF RECOMMENDATION: -1 Staff recommends that the County Attorney's Office be allowed to secure a property line agreement between the three property owners, which will also grant easement rights to Mr. Kelly. SUBMITTED BY: Gary Robe tson, P.E. Utility Dire for APPROVED: I~~ Elmer C. Hodge County Administrator ACTION VOTE Approved () Motion by: No Yes Abs Denied () Church Received () Johnson Referred McNamara _ to Minnix _ Nickens ,. ~, /., QC Y•.:~•..C.~ ;.~. ci W ~ :'1 ~ yf ~ y' w •' ~'' ~ t ~" t b~z~ ~ ~ ~ ~'" Mfr ~ •~.'c : ~r ~ • , :.. •,, ~ ,: to •'t •~s~;~• ,~•~w: .,. ,.,~ Z91 N I I 'r~ .~<<.. '~• ~ A~ I ~V ~/ ^~ 111 ,~ , o, ,,, ~ N ~'~d, N ~ N ~ ~t~~ ~X~\ ! ~ ~ .~ . ~ ,, f p •~ \ s` 1 ' ,,, _ w~M~lll~ ,~ ___I i' J .._. a0 Q ~ • 4' .S~ ~ ~ ~ ~ 0 W ' --' p F- .,. -- a ~3 ' ~, ~.. • 1 ~~~~~~ ~3 ~ \~ N ~ I~ 1. J v ~ Q ~ o ~ v ~ ~ r •• ~ ~ Ctrl v „r G-I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT TO CLARIFY EASEMENT RIGHTS AND OWNERSHIP IN CONNECTION WITH A UTILITY DEPARTMENT RESERVOIR LOT ON DORSET DRIVE WHEREAS, by deed dated May 6, 1966, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, between Hidden Valley Corporation and Richard R. Hamlett Construction Company, Incorporated, Hidden Valley Corporation reserved unto itself "the tract of ground showing a reservoir and a thirty (30) ft. drive and utility easement as shown on Preliminary Plat of Section No. 5, Hidden Valley Homes, made by C. B. Malcolm and Son, dated October 1, 1963, and further reserved a right of way fora 10 ft. easement for water pipe line from a well on the 1.591 acre tract of Hidden Valley Water Company, Incorporated, to the reservoir, as shown on the aforesaid preliminary plat; and, WHEREAS, by deed dated April 15, 1967, and recorded in the aforesaid Clerk's Office in Deed Book 825, page 219, Hidden Valley Corporation conveyed said "reservoir, a thirty foot drive, and utility easement", and the 10 foot easement for water pipe line, as shown on said preliminary map, to Hidden Valley Water Corporation; and, WHEREAS, by deed dated April 29, 1967, and recorded in the aforesaid Clerk's Office in Deed Book 829, page 112, Hidden Valley Water Corporation conveyed all of its assets, including but not limited to the above-described real estate, easements and rights of way, to the Roanoke County Public Service Authority, predecessor in title to the Board of Supervisors of Roanoke County, Virginia; and, WHEREAS, the preliminary plat referenced above did not include a metes and bounds description of the property conveyed and now owned by Roanoke County, and a final plat of Section 5, Hidden Valley Homes, has never been recorded; and, WHEREAS, the current owners of the surrounding properties identified on the Roanoke County Land Records as Tax Map #76.10-5-33.2 and Tax Map #76.10-5-32 are Peter F. Kelly and G. Michael Burke and Donna Burke, respectively; and, WHEREAS, Peter F. Kelly has requested the right to use the 30' drive and utility easement for access to his property; and, G-I WHEREAS, the proposed right of access does not conflict with the present or proposed County use of the reservoir lot; and, WHEREAS, it would be in the best interests of the County to obtain clarification among the property owners of an accurate description of the lot owned by Roanoke County and the rights of the adjoining property owners to the use of the 30' drive and utility easement. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of the County of Roanoke, Virginia as follows: 1. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition, disposition and/or exchange of interests in real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 27, 2000, and a second reading was held on July 11, 2000. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the proposed agreement does not conflict with other public uses and will ultimately serve a public purpose, and the above-described access easement is hereby declared to be surplus; and, 3. That staff is authorized to proceed with a survey and preparation of a plat to delineate as nearly as possible the accurate boundaries of the reservoir lot, the 30' drive and utility easement, and the 10' water line easement on Dorset Drive. 4. That the County Administrator, or any Assistant County Administrator, is authorized to execute an agreement with the adjoining property owners, Peter F. Kelly and G. Michael Burke and Donna Burke to clarify the accurate boundaries of the reservoir lot and to further grantor quit- claim any rights of access or utility easements over the 30' drive and utility easement to said property owners as they may require for their respective properties. 5. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such other documents and take such further actions on behalf of Roanoke County as may be necessary to accomplish the purpose of this action, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-3 AUTHORIZING QUIT-CLAIM AND RELEASE OF PORTIONS OF A 20' PRIVATE ACCESS AND UTILITY EASEMENT, A 20' DRAINAGE EASEMENT, AND A 20' SANITARY SEWER AND WATER EASEMENT, ALL AS CREATED ON PLAT BOOK 10, PAGE 149, AND A VARIABLE WIDTH DRAINAGE EASEMENT CREATED ON PLAT BOOK 12, PAGE 33, AND A 15' WATER LINE EASEMENTAND PUBLIC UTILITY EASEMENT CREATED ON PLAT BOOK 18, PAGE 97, WITHIN THE BOUNDARIES OF SOUTH CONCOURSE DRIVE IN VALLEYPOINTE, SITUATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, in order for South Concourse Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that the right-of-way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release to the Commonwealth of Virginia of all existing easements within the boundaries of South Concourse Drive, namely the following: a portion of a "2O' PRIVATE ACCESS & UTILITY EASEMENT", a portion of a "20' DRAINAGE EASEMENT", and a portion of a 20' "SANITARY SEWER & WATER EASEMENT", dedicated and shown on the `Plat Showing The Subdivision of Property (52.036 Ac.) Of Gestalt Properties, ...,'dated June 6, 1988, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, page 149; a portion of a variable width "NEW DRAINAGE EASEMENT" dedicated and shown on the'Plat Showing New Tracts 1 D, 1 E, 1 F, 3A, 3B, & 4A, ...,' dated September 12, 1989, and recorded in the aforesaid Clerk's Office in Plat Book 12, page 33; and a portion of a "NEw 15' W.L.E. & P.U.E." [water line easement and public utility easement] dedicated and shown on the `Plat Showing the Resubdivision of Tract 3D (10.644 Acres), Tract 1 D1 (2.473 Acres), and Tract 3E (5.955 Acres) Property of Liberty Property Development Corp....,' dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and, ~. WHEREAS, it will serve the interests of the public to have South Concourse Drive accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 13, 2000; and a second reading was held on June 27, 2000. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of South Concourse Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of the portions of the "2O' PRIVATE ACCESS & UTILITY EASEMENT", "2O' DRAINAGE EASEMENT", and 20' "SANITARY SEWER & WATER EASEMENT", dedicated or created by the above-described plat recorded in Plat Book 10, page 149, and the portion of the variable width "NEW DRAINAGE EASEMENT" dedicated by the above-described plat recorded in Plat Book 12, page 33, and the portion of the "NEw 15' W.L.E. & P.U.E." dedicated by the above-described plat recorded in Plat Book 18, page 97, within the boundaries of South Concourse Drive at Valleypointe as shown on Exhibit A, is hereby authorized, subject to the following conditions: 2 a. VDOT issuance of a permit for any or all private utilities, drainage lines or pipes, sanitary sewer lines or pipes, water lines or pipes, and public utility company lines or pipes and any related appurtenances or facilities. b. The facilities located within the 50-foot right-of-way for South Concourse Drive may continue to occupy the street or highway in the existing condition and location. c. The release would be for so long as the subject section of South Concourse Drive is used as part of the public street or highway system. 4. That the subject public easements are not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: fib` .~.[.t.e.,~.~_ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Vickie Huffman, Assistant County Attorney Gary Robertson, Director, Utility 3 • t~ 0 ItOA}I(H(E i~ tF.4 f ` • ~~aa a~~~ ~~~ F0~0 t0~~•50H ~~f, ~1'} Yd • tµ~ r 581 ~ ~` , f RO~MOKE ~ ~. CiSY - r V~CII,TI1 ~ ~IAP' N=~ IV OP ~`.F~ • NEW TRAC~• 1D1-2 ot-- 2.408 Ac. • i , t I 1 NEW TRACT 1D1-1 ~ . • - • - . - . ,~ I ~ I 8..592 Ac, r ~~ , - . ~ ~ •: ~ EXIST. 15' W.E . & P.U.E. ~ ~ / /~ - , ` ` ~ ~ • ~ ~ • EX15t. D•E .` • P.B. 18, PG. 97 PC. 33~ ~ Q / ~ .. ~ .1. • ~ s EXtSr- " ' g exsr ~ P.a sF gyp. 1. lsr ~• p~cSS~¢ ~RJVgr$ J ~' f_ • f r la C~ 49, ~ J t~ JO p- G/rr `_`/~ FeJSr• zG. ~ ..ice . •C r49 ~ l~ l r~. P~, QT 9• ~~ ~ •~-~ //r PROPOSED ACCESS, WATER, SANITARY SEWER ,PUBLIC UTILITY AND • DRAINAGE EASEMENTS TO BE VACATED ARE CROSS HATCHED 4 DESCRIPTION: Easements within the boundaries of South Concourse Drive and located from the ; intersection of Va1leyPark Drive to its cul-de-sac, the development of valleyPointe • 20' Private Access and Utility Easement - P.B. 10, PG. 149 - 20' Drainage Easement - P.B. 10, PG. 149 • 20' Sanitary Sewer and Water Easement - P.B. 10, PG 149. Variable width Drainage Easement - P.B. 12, PG. 33 i 15' Water Easement and P.I~E. - P.B. 18, PG. 97 RDANOKE COUN~'Y ACCESS, WATER, SANITARY SEWER, PUBIC UTIL ~~~•,~~~~~,y~ ~~ AND DRAINAGE EASEMENTS TO BE VACATED CO~~U~YITY ID~'Y~'I~Q:PrI~~TNT VALLEYPOINTE ACTION NUMBER ITEM NUMBER IT " AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 AGENDA ITEM: Ordinance authorizing quitclaim and release of access, water, sanitary sewer, public utilities and drainage easements within boundaries of South Concourse Drive located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe in the Hollins Magisterial District. OOUNTY ADMINISTRATOR'S COMMENTS: ~hL~ C This is the second reading of the proposed ordinance to authorize quitclaim and release of the access, water, sanitary sewer, public utility and drainage easements within the boundaries of South Concourse Drive and located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe. In the process of the development of ValleyPointe, access, water, sanitary sewer, public utility and drainage easements were created to fulfill the state and local requirements of the site development. The easements that were created and are within the boundaries of South Concourse Drive and located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe and upon an easement plat recorded in the Clerk's office of the Circuit Court of Roanoke County, Virginia, are; 20-ft. private access and utilities easement, P.B. 10, Pg. 149, 20-ft. drainage easement, P.B. 10, Pg. 149, 20-ft. sanitary sewer and water easement, P.B. 10, Pg. 149, variable width drainage easement, P.B. 12, Pg. 33, 15' water easement and P.U.E., P.B. 18, Pg. 97. 1 /~~ / In order for South Concourse Drive to be accepted into the State Secondary Road System, the Virginia Department of Transportation (VDOT) requires that the right-of- way be free and clear of any third party rights or encumbrances. The quitclaim and release of the subject portion of the access, water, sanitary sewer, public utility and drainage easements to the Commonwealth of Virginia would be subject to VDOT issuing a permit for such facilities and the condition that the facilities located within the 50-foot right-of-way, from the intersection of ValleyPark Drive to its cul-de-sac, may continue to occupy the street in the existing condition and location. The release would be for as long as the subject section of South Concourse Drive is used as part of the public street or highway system. However, said easements would not be vacated by the Board and would revert to the County in the event of abandonment of the street or highway. The Utility Department is in agreement with this request. (1) Adopt the proposed ordinance authorizing the County Administrator to execute the necessary documents for quitclaims and release of the access, water, sanitary sewer, public utility and drainage easements within the boundaries of South Concourse Drive from the intersection of Valley Park Drive to its cul-de-sac, the development of ValleyPointe. (2) Decline to adopt the proposed ordinance, which would result in South Concourse Drive remaining a private road. Roanoke County staff recommends that the Board of Supervisors adopt the proposed ordinance as provided in Alternative 1. SUBMITTED BY: APPROVED BY: a ~~. ~~ ~. Arnold Covey, Director Elmer C. Hodge Department of Community evelopment County Administrator ~~ 2 "` Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: pc: Vickie Huffman, Assistant County Attorney Gary Robertson, Director, Utility Department VOTE Church Johnson McNamara Minnix Nickens No Yes Abs 3 ~ . -- , ytP ~,R~' w 4• yA~~6 ~ROANOKQ CWNTY 0 t0 ~ ~ tyCP ~ ~ ~~ 4EN~~ i 11 . P f ~RUANOKE i~. CITY ~ - V~~'INI ~'~ 11~AP~ ~; - IVEt+>r TRAC'~~ 1D1-2 ' lae-~-- 104.910 Sq. Ft. I . .or,-- 2.4x8 Ac. . t i 1 ~~~IEW TRACT 1D1-1 _ E ~ - - ~- ._ _. ~ - ~ 3x.131 Sq. F t. ~ - ~~ ~ ~ x_.692 Ac. / _- _ .. -1..-~ / ~ _ ~ ~J ~ ~ '' r L7 ~- D ~Nc - . ~ ~ 7 l .- -. ~rvEO~E ,, • ~ _--: ___ -. EXIST. 15' W.E . & P.U.E. ~ ~ / ~ EX15T. 'D ~. ~ ~~ ~ ~ P.B. 18, PG. 97 ~ PC. 33~ ~ '@' I ~ l~ 5 Ex~Sr' ~ .1. g .~ PC~~$5~~.~R1V41£ ~ ) •,t `ZA.B_S~ C~~~g J~. ~ ~. )a pC r/49r / ' "l~ ~ pg 50 pC D-E ~ "~ ~~ '~~~!~! T49 / ~ PROPOSED ACCESS, WATER, SANITARY SEWER ,PUBLIC UTILITY AND DR-AINAGE EASEMENTS TO BE VACATED ARE CROSS HATCHED I, ~• DESCRIPTION: Easements within the boundaries of South Concourse Drive and located from the intersection of Va1leyPark Drive to its cul-de-sac, the development of ValleyPointe 20' Private Access and Utility Easement - P.B. 10, PG. 149 20' Drainage Easement - P.B. 10, PG. 149 20' Sanitary Sewer and Water Easement - P.B. 10, PG 149. r Variable width Drainage Easement - P.B. 12, PG. 33 15' Water Easement and P.L~pE. - P.B. 18, PG. 97 ' ROAN'O~~' COUNTY DEPA,~T.~~'.NT aP C032'~fUNITI' D~nV~'~QP~~'NT VALLEYPOINTE ACCESS, WATER, SANITARY SEWER, PUBLIC UTIL AND DRAINAGE EASEMENTS TO BE VACATED rf "~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE AUTHORIZING QUIT-CLAIM AND RELEASE OF PORTIONS OF A 20' PRIVATE ACCESS AND UTILITY EASEMENT, A 20' DRAINAGE EASEMENT, AND A 20' SANITARY SEWER AND WATER EASEMENT, ALL AS CREATED ON PLAT BOOK 10, PAGE 149, AND A VARIABLE WIDTH DRAINAGE EASEMENT CREATED ON PLAT BOOK 12, PAGE 33, AND A 15' WATER LINE EASEMENT AND PUBLIC UTILITY EASEMENT CREATED ON PLAT BOOK 18, PAGE 97, WITHIN THE BOUNDARIES OF SOUTH CONCOURSE DRIVE IN VALLEYPOINTE, SITUATED IN THE HOLLINS MAGISTERIAL DISTRICT WHEREAS, in order for South Concourse Drive to be accepted into the state secondary road system, the Virginia Department of Transportation (VDOT) requires that theright-of--way be free and clear of any third party rights or encumbrances; and, WHEREAS, VDOT has requested quit-claim and release to the Commonwealth of Virginia of all existing easements within the boundaries of South Concourse Drive, namely the following: a portionofa" 20'PRIVATEACCESS&UTILITYEASEMENT", aportionofa" 20'DRAINAGEEASEMENT" and a portion of a 20' "SANITARY SEWER & WATER EASEMENT", dedicated and shown on the `Plat Showing The Subdivision of Property (52.036 Ac.) Of Gestalt Properties, ...,' dated June 6, 1988, and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Plat Book 10, page 149; a portion of a variable width "NEW DRAINAGE EASEMENT" dedicated and shown on the `Plat Showing New Tracts 1D, lE, 1F, 3A, 3B, & 4A, ...,' dated September 12, 1989, and recorded in the aforesaid Clerk's Office in Plat Book 12, page 33; and a portion of a "NEw 15' W.L.E. &P.U.E." [water line easement and public utility easement] dedicated and shown on the `Plat Showing the Resubdivision ofTract 3D (10.644 Acres), Tract 1D1(2.473 Acres), and Tract 3E (5.955 Acres) Property of Liberty Property Development Corp....,' dated December 12, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 97; and, N/ WHEREAS, it will serve the interests of the public to have South Concourse Drive accepted into the state secondary road system and the release, subject to the issuance of a permit and other conditions, will not interfere with other public services and is acceptable to the affected Roanoke County departments. THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 18.04 of the Roanoke County Charter, the acquisition and disposition of real estate can be authorized only by ordinance. A first reading of this ordinance was held on June 13, 2000; and a second reading was held on June 27, 2000. 2. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the interests in real estate to be released are hereby made available for other public uses by conveyance to the Commonwealth of Virginia for acceptance of South Concourse Drive into the state secondary road system by the Virginia Department of Transportation (VDOT). 3. That quit-claim and release to the Commonwealth of Virginia of the portions of the " 20' PRIVATE ACCESS & UTILITY EASEMENT", " 20' DRAINAGE EASEMENT", and 20' "SANITARY SEWER & WATER EASEMENT", dedicated or created by the above-described plat recorded in Plat Book 10, page 149, and the portion of the variable width "NEW DRAINAGE EASEMENT" dedicated by the above-described plat recorded in Plat Book 12, page 33, and the portion ofthe "NEw 15' W.L.E. & P.U.E." dedicated by the above-described plat recorded in Plat Book 18, page 97, within the boundaries of South Concourse Drive at Valleypointe as shown on Exhibit A, is hereby authorized, subject to the following conditions: 2 f~"! a. VDOT issuance of a permit for any or all private utilities, drainage lines or pipes, sanitary sewer lines or pipes, water lines or pipes, and public utility company lines or pipes and any related appurtenances or facilities. b. The facilities located within the 50-foot right-of--way for South Concourse Drive may continue to occupy the street or highway in the existing condition and location. c. The release would be for so long as the subject section of South Concourse Diive is used as part of the public street or highway system. 4. That the subject public easements are not vacated hereby and shall revert to the County in the event of abandonment of the street or highway. 5. That the County Administrator, or an Assistant County Administrator, is hereby authorized to execute such documents and take such further actions as may be necessary to accomplish this conveyance, all of which shall be on form approved by the County Attorney. 6. That this ordinance shall be effective on and from the date of its adoption. 3 . ,~? AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 13, 2000 ORDINANCE 062700-4 EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke Countywhich franchise expired on October4, 1999, and was extended for a period of ninety (90) days by action of the Board of Supervisors on September 28, 1999, and for additional ninety (90) day periods by action of the Board on January 11, 2000 and March 28, 2000; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about July 1, 2000; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the second reading of this ordinance was held on June 27, 2000. 1 I BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after July 1, 2000, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/ Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on July 1, 2000, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequentlytransferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Joseph B. Obenshain, Senior Assistant County Attorney 2 Item No. AT A REGULAR MEETING OF THE ROANOKE COUNTY, VIRGINIA BOARD OF SUPERVISORS, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ROANOKE COUNTY, VIlZGII~TIA MEETING DATE: June 27, 2000 AGENDA ITEM: Second Reading of Ordinance Extending the Current Franchise Agreement with Adelphia (Salem) Cable for Ninety Days COUNTY ADMIN TRATOR' S COMMENTS: ~"~ BACKGROUND: In 1994, the County entered into an extension of its franchise agreement with Adelphia (formerly known as Salem) Cable, in order to make the term coincide with Adelphia's agreement with the City of Salem. The franchise agreements both terminated this year, allowing Roanoke County and Salem to negotiate a new agreement together, as the County, the City of Roanoke and the Town of Vinton have done with Cox Communications. On September 28, 1999, the Board of Supervisors appointed a negotiating team to work with the County Attorney's office and the City of Salem in reaching a new franchise agreement. This negotiating team has met to discuss those issues which should be addressed in the new agreement, but neither the City of Salem nor Roanoke County has reached final agreement with Adelphia. Therefore, since the current agreement with the previous ninety day extensions granted on January 11, 2000,and March 28, 2000 is set to expire on July 1, 2000, an extension must be approved so that negotiations can be successfully completed. SUMMARY OF INFORMATION: The cable franchise in the Glenvar and Masons Cove area of Roanoke County was originally held by Salem Cable, which was owned by Booth Communications. Booth was purchased by the Adelphia system in April, 1997, and this Board approved a transfer of the franchise to Adelphia at that time. The Board of Supervisors has appointed a cable television committee to deal with franchise issues with Adelphia. The committee consists of a representative from the Roanoke Valley Cable Television Committee (Dr. Harry Nickens), the supervisor from the Catawba district (Butch Church), a representative from the school system (Dr. Jane James), the staff person overseeing the cable television operations (Anne Marie Green) and a citizen representative (James Dickey). During the negotiations for the extension of the franchise, Booth provided a capital grant of $40,000 to the County, free basic cable service to government and school facilities, and an interconnect with the Cox system to allow RVTV to cablecast on Channel 3 in the Booth system. Both Booth and Adelphia have provided a high quality of service to Roanoke County residents, and staffhas received very few complaints about the cable provider. The cost to residents is comparable to that of Cox customers, and the channel selection is almost identical. Adelphia is currently working on expanding µ-a its service into the field of Internet service, which should be available to its customers in the near future. The franchise agreements in both localities were to expire on October 4, 1999, and were extended for ninety days until January 2, 2000, and again for additional ninety day periods until July 1, 2000. In addition to the preliminary staff discussions between the local governments and with Adelphia, there has been one meeting of the negotiating committee with the local general manager of Adelphia, Mr. Carruth. At this time, the City of Salem is close to reaching final agreement with Adelphia on the terms of their franchise renewal and anticipates completing that renewal process by the end of July. Therefore, formal negotiations have not been completed between Roanoke County and Adelphia. An ordinance approving the extension of the franchise agreement is attached to this Board Report. FISCAL IMPACT: None anticipated at this time. The County may receive a capital grant from Adelphia, which will provide funding for cable or Internet related equipment. STAFF RECOMMENDATION: Staff recommends that the Board approve the attached ordinance, extending the current franchise agreement by ninety days. Assistant County Attorney ,, Elmer C. Hodge County Administrator ACTION No Yes Abs Approved Denied Received Referred to ()Motion by: ~) O Church Johnson _ _ _ McNamara _ _ Minnix _ _ Nickens 2 Respectfully submitted, ~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE EXTENDING THE FRANCHISE OF BLACKSBURG/SALEM CABLEVISION ,INC. D/B/A SALEM CABLE TV TO OPERATE A CABLE TELEVISION SYSTEM IN ROANOKE COUNTY FOR A PERIOD OF 90 DAYS WHEREAS, Blacksburg/Salem Cablevision, d/b/a Salem Cable TV, a wholly owned subsidiary of Adelphia Communications Corporation, currently holds a franchise granted by the Board of Supervisors of Roanoke County, Virginia, to operate a cable television system within portions of Roanoke County which franchise expired on October 4, 1999, and was extended for a period of ninety (90) days by action of the Board of Supervisors on September 28, 1999, and for additional ninety (90) day periods by action of the Board on January 11, 2000 and March 28, 2000; and WHEREAS, negotiations are currently under way between Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, and the County of Roanoke for the renewal of this franchise agreement, which negotiations may not be concluded sufficiently prior to such date to permit adoption of a new franchise agreement by the Board of Supervisors of the County of Roanoke prior to the expiration of the current franchise agreement on or about July 1, 2000; and WHEREAS, Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, is prohibited by federal law from operating a cable television system within any jurisdiction without a franchise agreement or extension as defined by federal law; and WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the second reading of this ordinance was held on June 27, 2000. ~-~. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That in order to permit Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, to continue to operate a cable television franchise within the territorial limits of Roanoke County, Virginia, after July 1, 2000, and to prevent any interruption of cable television services to customers of Salem Cable TV, the franchise of Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, for the operation of a cable television system within Roanoke County, Virginia, is hereby extended for a period of ninety (90) days beginning at 12:00, midnight, on July 1, 2000, under the same terms and conditions as contained in the existing franchise agreement originally granted by the Board of Supervisors of Roanoke County, Virginia, to Booth American Company, d/b/a Salem Cable TV, in October, 1994, and subsequently transferred to Blacksburg/Salem Cablevision, Inc., d/b/a Salem Cable TV, as of April, 1997. 2. This ordinance shall be in full force and effect from its passage. 2 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: June 27, 2000 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS The four-year of Buford E. Butts will expire April 27, 2000. Mr. Butts passed away recently. These appointments should represent different occupational or professional fields and at least one member should be a licensed professional engineer or architect and one should be a builder. 2. HIGHWAY AND TRANSPORTATION SAFETY COMMISSION The four year term of Jay E. Gaylor, Legal Representative, James M. Martin, Senior Representative, and one-year term of a youth representative who must be attending a Roanoke County high school. The four year terms of Thomas A. Abbott, Citizen at Large; Gordon E. Saul, Neighborhood; and Hank Gregory, Citizen at Large, Jr., will expire 06/30/2000. The four year terms for a medical representative, legal representative, and youth representative are vacant. Mr. James Martin has notified the Clerk's Office that he does not wish to serve another term. 1 .. ~! "' 3. INDUSTRIAL DEVELOPMENT AUTHORITY Mr. J. Carson Quarles, a member of the IDA since 1986, and who lives in the Hollins Magisterial District, has notified the Board that he is resigning from the Authority as of 06/30/2000. The IDA appointments are not required to be made by magisterial district, but traditionally, each magisterial district is usually represented.) 4. LEAGUE OF OLDER AMERICANS -ADVISORY BOARD The three-year term of Elizabeth Bogle expired March 31, 2000. The Advisory Board member is appointed by the League of Older Americans but must be ratified by the Roanoke County Board of Supervisors. 5. PARKS & RECREATION ADVISORY COMMISSION The three year terms of Wayne Gauldin, Catawba District; and Donna Wooldridge, Catawba District; will expire 06/30/2000 Supervisor Church has contacted Mr. Gauldin and Ms. Wooldridge and both are willing to serve another term. Their confirmation is on the Consent Agenda. SUBMITTED BY: APP OVE Y: `', Mary H. Allen, CMC/AAE Elmer C. Hodge Clerk to the Board County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ Received () McNamara- Referred () Minnix _ _ _ To () Nickens 2 ~ _ f AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 RESOLUTION 062700-5 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 June 27, 2000, 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 9, inclusive, as follows: 1. Approval of minutes for May 9, 2000, May 23, 2000. 2. Confirmation of committee appointment to Parks and Recreation Advisory Commission. 3. Request for authorization to execute an operating contract with the Roanoke Valley SPCA. 4. Request from Schools for $4,917,338 appropriation to the Regional Special Education Fund. 5. Request for acceptance of a $9,565.02 grant by the Police Department to continue the Cops for Coaches Program. 6. Acceptance of three grants for the Roanoke Valley Greenway Commission, authorization to expend the funds, and authority to execute the grant contracts. 7. Closeout of Youth Haven II petty cash fund. 8. Approval and appropriation of $42,331 Family Preservation Act monies. 9. Acceptance and appropriation of $17,388 Juvenile Accountability Incentive Block Grant. 1 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 Nickens to adopt the Consent Resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File John Chambliss, Jr., Assistant Administrator W. Brent Robertson, Director, Budget Ray Lavinder, Chief of Police Patricia M. Radcliffe, Regional Director Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board Liz Belcher, Greenway Coordinator Paul M. Mahoney, County Attorney Vincent K. Copenhaver, Finance Manager John M. Chambliss, Jr., Assistant Administrator Betty McCrary, Director, Social Services 2 ~~~ May 9, 2000 241 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 9, 2000 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 May, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:01 p. m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix, Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Mary H. Allen, Clerk to the Board; John M. Chambliss, Assistant CountyAdministrator,Anne Marie Green, Community Relations IN RE: OPENING CEREMONIES The invocation was given by the Reverend Samuel W. Crews, Coopers Cove Baptist Church. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD T0, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge requested that Item 2 under New Business be deferred until May 9, 2000 243 NAYS: None IN RE: NEW BUSINESS 1. Request from the School Board for approval of the Fiscal Year 2000-2001 School Board Budget. ~Dr. Linda Weber, School Superintendent) A-050900-1 Dr. Weber advised that a balanced budget was submitted to the Board of Supervisors as of April 1. After meeting with County staff and Supervisors, the budget has been revised and addresses the priorities outlined by the School Board to reduce K- 12 pupil/teacher ratios, provide an average 4% salary increase for employees, signing bonuses for new teachers, increases in substitute teacher and bus driver pay, expansion of the nursing day, expansion of the elementary SAP program, additional funding for custodians, and inservice days for instruction aides. Dr. Weber further advised that Elementary Assistant Principals and Language Arts Coordinators will be spending a portion of everyday in the classroom to reduce pupil/teacher ratios, and central office and secondary schools have reduced their staffing to reassign personnel. Health insurance benefits have been modified and the year-end balance will be used to fund school buses and other non-recurring expenses for the KPMG software upgrade and GASB #34 implementation. Dr. Weber reported that the FY2000-01 School Operating Fund budget is $95,277,499 and the total school fund budget is $103,247,046. The County will reserve $1,500,000 for the future operating cost of the new high school and the Glenvar Middle school addition and will fund another $2,000,000 for Phase 1 capital projects. Supervisors McNamara and Church commended Dr. Weber and School May 9, 2000 245 In response to questions from the Board members, Sheriff Holt explained that he met with his staff advisory committee which represents each division in the Sheriff s Office earlier in the day to explain his request and several deputies offered to attend the meeting in support of his request. He also plans to have a special notice advising the employees how the change will affect them. He further explained that he hired an attorney from his department funds to assist him in this request. In response to other questions, County Attorney Paul Mahoney advised that the employees will receive the fringe benefits provided by the State Compensation Board, and additional benefits would have to be appropriated by the Board of Supervisors; and that Human Resources will continue to handle the personnel issues from the Sheriff's Office. Supervisor Nickens offered suggested changes to the resolution and also suggested that the other County Constitutional Officers follow suit. Supervisor McNamara advised that he would like to hear from some of the Sheriff s employees on how they feel about the change before taking action. He moved to defer action until the May 23, 2000 meeting at the 7 p.m. session. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: FIRST READINGS OF ORDINANCES 1. First reading of ordinance amending and reenacting Section 18- 168, "Schedule of Charges" of Chapter 18, Sewers and Sewage Disposal, Article IV. "Sewer Use Standards" and Section 22-82, "Rates and Fees" of Chapter 22 Water, Article II. "Water Systems", Division 2. "County Water System", of the Roanoke May 9, 2000 247 and Technology designed several road access points to the park. The first phase of the access from Glenmary Drive is now under construction and a second access option is an extension of Dow Hollow Road. The Dow Hollow right-of-way is based upon a known center line and is designated to be 100 feet in width. State law provides that localities may prepare and adopt an official street map showing any existing or proposed right-of- ways within the County. The official map would be a formal plan showing the future proposed right-of-way of Dow Hollow Road, and would serve as a formal notice to the community of the County's eventual intention to construct the road. If the right-of- way is shown on the official map, the County would have additional time to negotiate and acquire a property if the property within the right-of-way was proposed for development. If the right-of-way is designated as part of an official map, the County would have 60 days to make a decision on any building permit request within the right-of-way, and if it's denied, the County would have 120 additional days to purchase the property or initiate other action. Mr. Harrington advised that a community meeting was held on April 25, approximately 50 property owners were notified, and five property owners attended. Staff met with one property owner whose property would be affected by the proposed alignment. Supervisor Church advised he had received calls about Grey Fox Lane and asked if this action will help those living there. Mr. Harrington responded that there will be redesign at the intersection with Dow Hollow Road but no actual road improvements to Grey Fox Lane. Supervisor Church moved to approve the first reading and set the second reading for May 23, 2000. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None May 9, 2000 249 0-050900-2 Mr. Mahoney advised that there were two changes from the first reading of the ordinance. Reverend Agders has provided two sketch maps: (1) as the property currently exists; and (2) his proposed changes. Also, the name of the church has been changed and the text of the ordinance should be amended to remove the words "of Prophecy," because the church severed their relationship with that church organization in December 1999. Supervisor Church advised that he had photographs of the site and explained that it would be very difficult to chop up the property and leave part for a playground. He also explained that the playground equipment was in very poor shape and not used. Supervisor Nickens noted that the Board is only removing the restriction and asked that if the church wishes to build a new facility, would they have to come back for a Special Use Permit. Mr. Mahoney advised that the property is subject to the current zoning restrictions and would have to come back to the Board for any changes. Mr. Mahoney also advised that the church could not secure financing if the restriction remains. Supervisor Church moved to adopt the ordinance modified to remove the wording of "of prophecy". The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ORDINANCE 050900-2 AUTHORIZING THE RELEASE OF A RESTRICTION REQUIRING CONTINUATION OF USE OF PARK AREA BY THE COMMUNITY WHICH WAS IMPOSED ON PROPERTY CONVEYED TO THE CHURCH OF GOD - "OLD CATAWBA RECREATION CENTER" WHEREAS, Section 18.04 of the Roanoke County Charter provides that the May 9, 2000 zsi use impacts and opportunities that the road improvements might provide. Over the last year, staff has held several community meetings in each of the project areas and the proposed Community Plan re~tisions reflect citizen input from these meetings. Ms. Scheid explained that an ordinance has been prepared for each interchange project area, and the amendments would be incorporated into the Economic Development Plan of the 1998 Roanoke County Community Plan. Supervisor Johnson suggested that the official ~ map should have a designation for the Hanging Rock greenway and recommended a land use designation specifically for Greenways. Supervisor Church agreed and Supervisor Nickens suggested that appropriate language be developed for all greenways in the future. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, McNamara NAYS: None ABSTAIN: Supervisor Nickens ORDINANCE 050900-3.a AMENDING ORDINANCE 011299-6, "ROANOKE COUNTY COMMUNITY PLAN" -ADOPTION OF A NEW FUTURE LAND USE MAP FOR THE DIXIE CAVERNS (EXIT 132) I-81 INTERCHANGE AREA, AND THE INCORPORATION OF DEVELOPMENT GUIDELINES FOR THIS AREA, AND THE ADOPTION OF A MAP ENTITLED "ECONOMIC OPPORTUNITY AREAS -WEST COUNTY" WHEREAS, by Ordinance 011299-6 the Board of Supervisors adopted the "Community Plan for Roanoke County, Virginia;" and WHEREAS, as a result of increased traffic along the Interstate 81 corridor, the Virginia Department of Transportation has proposed improving the interstate to provide increased carrying capacity and to address safety concerns; and WHEREAS, these proposed improvements include the enlargement of Exit 132 at Dixie Caverns; and WHEREAS, the Planning Commission has prepared amendments to the Community Plan for Roanoke County comprised of the following component parts: ( A) Dixie Caverns Interchange District, and May 9, 2000 253 AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ORDINANCE 050900-3.b AMENDING ORDINANCE 011299-6, "ROANOKE COUNTY COMMUNITY PLAN" -ADOPTION OF A NEW FUTURE LAND USE MAP FOR THE HANGING ROCK (EXIT 141) I-81 INTERCHANGE AREA, AND THE INCORPORATION OF DEVELOPMENT GUIDELINES FOR THIS AREA WHEREAS, by Ordinance 011299-6 the Board of Supervisors adopted the "Community Plan for Roanoke County, Virginia;" and WHEREAS, as a result of increased traffic along the Interstate 81 corridor, the Virginia Department of Transportation has proposed improving the interstate to provide increased carrying capacity and to address safety concerns; and WHEREAS, these proposed improvements include the enlargement of Exit 141 at Hanging Rock; and WHEREAS, the Planning Commission has prepared amendments to the Community Plan for Roanoke County comprised of the following component parts: ( A) Dixie Caverns Interchange District, and ( B) Hanging Rock Interchange District. WHEREAS, a Planning Commission Public Hearing on the proposed amendments was held after advertisement and notice as required by 15.2-2204 of the Code of Virginia, on April 4, 2000; and WHEREAS, the first reading and public hearing of this ordinance was held on March 28, 2000, and the second reading and public hearing was held on April 25, 2000, and continued to May 9, 2000. NOW THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Ordinance 011299-6 adopting the "Roanoke County Community Plan" dated September 30, 1998, is hereby amended to include the following: (A) The adoption the Land Use and Economic Opportunity Area map revisions as shown on a map prepared by Whitesell Orisson, Inc. dated 3/7/00 and entitled "I-81 Interchange Study HANGING ROCK PROPOSED LAND USE," said map is attached hereto as Attachment A. (B) The adoption of text amendments entitled "Hanging Rock Interchange District"attached hereto as Attachment B. 2. That the effective date of this Ordinance is May 9, 2000. On motion of Supervisor Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. Second reading of ordinance to vacate a public 20 foot May 9, 2000 255 Crossing Lots 9A and 10A'; and, WHEREAS, this vacation will not involve any cost to the County, and County staff has field inspected the subject easement and determined that the requested vacation is acceptable; and, WHEREAS, notice has been given as required by § 15.2-2204 of the Code of Virginia (1950, as amended), and the first reading of this ordinance was held on April 25, 2000; the public hearing and second reading of this ordinance was held on May 9, 2000. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the existing 20' drainage easement, extending across Lots 9A and 10A, designated as "20' D.E. TO BE VACATED (P.B. 18, PG. 125)" and shown highlighted on the `Easement Vacation Plat for Wexford of Roanoke, Inc., and Jackson Associates, Ltd., Showing the Vacation of 20' Drainage Easement Crossing Lots 9A and 10A', dated April 11, 2000, attached hereto as Exhibit A, said easement having been dedicated by subdivision plat entitled `SUBDIVISION PLAT OF WEXFORD PHASE III', dated February 13, 1995, and recorded in the aforesaid Clerk's Office in Plat Book 18, page 125, located in the Windsor Hills Magisterial District of the County of Roanoke, be, and hereby is, vacated pursuant to § 15.2-2272 of the Code of Virginia (1950, as amended), subject to the conditions contained herein. 2. That all costs and expenses associated herewith, including but not limited to publication, survey and recordation costs, shall be the responsibility of the Petitioners. 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 the provisions of this ordinance, 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 §15.2-2272.2 of the Code of Virginia (1950, as amended). On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: APPOINTMENTS 1. Board of Zoning Appeals Supervisor Nickens asked that the report be corrected to reflect that Herbert Snyder has resigned, and Eric Thomas was appointed to fill his unexpired term. 2. Parks and Recreation Advisory Commission May 9, 2000 257 5. Resolution of Support ~to Apply fora Land and Water Conservation Grant through the Virginia Department of Conservation and Recreation for the North Roanoke Park. 6. Request to ratify and confirm execution by the County Administrator of an option to purchase agreement on a shell building and 17.3627 acres at Valley Gateway. 7. Resolution of Appreciation to Villafans, France for erecting a memorial in memory of the heroism of Roanoke Valley soldiers from the Roanoke Valley. 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 Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 050900-5.c EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF TOY W. BOWEN, SOCIAL SERVICES DEPARTMENT WHEREAS, Toy W. Bowen was first employed by Roanoke County on October 22, 1973, as an Adult Service Supervisor in the Social Services Department; and WHEREAS, Mr. Bowen retired from Roanoke County on April 1, 2000, as a Social Work Supervisor after more than twenty-six years of service; and WHEREAS, Mr. Bowen has devoted his career to providing services to the elderly population in an effort to maintain individuals in their own home and insure safety for those incapable of caring for themselves; and WHEREAS, for the past nine years, Mr. Bowen has also supervised the foster care program for children, and has supported the development of special needs foster care and the foster parent training program; and WHEREAS, Mr. Bowen, through his 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 TOY W. BOWEN for more than twenty-six 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. On motion of Supervisor Minnix adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None May 9, 2000 259 WHEREAS, by Resolution #062596-8, the Board of Supervisors of Roanoke County urged the Greater Roanoke Valley Development Foundation to select Valley Gateway as the best site for a shell building because the site offered multiple opportunities for additional commercial and industrial development to increase the economic base and employment within the Roanoke Valley; and WHEREAS, by an Agreement dated December 20, 1996, the Board of Supervisors of Roanoke County, the Industrial Development Authority of Roanoke County, F&W Properties II, Inc., and the Greater Roanoke Valley Development Foundation agreed to commence the Valley Gateway Business Park Project; and WHEREAS, this Project included the acquisition of real estate and the construction of a 75,000 square foot shell building by the Greater Roanoke Valley Development Foundation; and WHEREAS, the Board of Supervisors proposes to secure an option on certain real estate from the Greater Roanoke Valley Development Foundation to further promote and encourage commercial and industrial development opportunities in Roanoke County; and WHEREAS, by Option to Purchase Agreement dated May 4, 2000, the Greater Roanoke Valley Development Foundation granted unto the Board of Supervisors of Roanoke County, Virginia, an option to purchase 17.326 acres, more or less, being further shown on the Roanoke County land records as Tax Map Number 50.01-1-5.7, ("the Property"); and, WHEREAS, under the terms of said agreement, the option fee is $5,000.00, the purchase price for the Property is to be $1,535,760.00 and the option must be exercised on or before July 31, 2000; and, WHEREAS, at such time as said option is to be exercised, this matter will be brought back to the Board of Supervisors of Roanoke County, Virginia, for adoption of an ordinance to authorize exercise of the option and acquisition of the real estate. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: (1) That the Option to Purchase Agreement dated May 4, 2000, between the Greater Roanoke Valley Development Foundation, Grantor, and the Board of Supervisors of Roanoke County, Virginia, Grantee, and the terms and conditions provided for in said agreement, is hereby approved and the execution of said agreement by the County Administrator is hereby authorized and ratified. (2) That the County Administrator or assistant county administrators are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as may be required to determine the feasibility and necessity of exercising the option and acquiring said Property, all of which shall be approved as to form by the County Attorney. (3) That this resolution shall be effective on and from the date of its adoption. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 050900-5.f OF APPRECIATION TO THE CITIZENS OF May 9, 2000 261 AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Report on Safety of the Bent Mountain Branch Library Mr. Hodge reported on the results of the investigation by Library Director Spencer Watts, and Fire and Rescue staff. 6. Statement of the Treasurer's Accountability per Investments and Portfolio Policy as of April 30, 2000 7. Oral Report on the closing of the Ingersoll Rand facility_ Mr. Hodge reported that staff did not receive any advance information until a fax was received the day before the closing. The major impact is the loss of a manufacturing industry with a good reputation and the spin-off effects from the closing. The closing will begin in March 2001. IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church: He congratulated the candidates who were elected to office in the Cities of Roanoke and Salem and the Town of Vinton, and advised that he looked forward to future discussion with them. He announced that he believes that regional cooperation can be advanced to a higher level and issued an invitation to schedule joint meetings. Supervisor McNamara: (2) He advised that he sent congratulatory letters May 9, 2000 263 major prospects who have expressed an interest in establishing businesses in Roanoke County. Public/private partnerships are again funded at $250,000. The Economic Development Partnership and the Convention and Visitors' Bureau will each receive $112, 500. Public Safety: Fire and Rescue will lease/purchase two pumpers and two ladder trucks using $652,000 budgeted for vehicle replacement. Savings realized from reduced maintenance, multi-unit discounts, and engineering cost savings will fund the ambulance replacement program. The County will also apply for state grants to fund four more School Resource Officers that will allow officer assignments at all County middle schools. Solid Waste: Tonnage increases require that $170,000 be added to the budget to cover landfill tipping fees. Six automated vehicles and one rear loader will be acquired through lease/purchase agreements which will result in substantial savings through reduced maintenance and down time. Annual lease payments will be covered with the existing $165,000 solid waste allocation for vehicle replacement. Court Services: The Regional Detention Home agreement gives the County 12 beds at the renovated facility. Due to the anticipated increase in utilization of detention facilities, the budget for detention services has been increase $260,000. Employee Compensation: The FY 2000-01 proposed budget includes a 4% salary increase for County and School employees. Additionally, $170,000 is included to partially offset higher health care rates. Employees will assume an equivalent increase in deductibles and co-payments. There will also be funds to make the Police Department salaries more competitive. Mr. Hodge reported that the most significant increases in revenue were personal property taxes ($1,550,000) and meals tax ($265,000). May 9, 2000 265 adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 050900-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 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 closed 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 closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor McNamara to adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: NEW BUSINESS 1. Request to execute a performance agreement approving a Public Private Partnership with Springwood Associates. LLC. A-050900-7 (David Porter, Economic Development Director Mr. Hodge reported advised that the agreement terms were discussed in the closed meeting and he is requesting that the Board authorize the staff to execute a contract in accordance with guidelines given by the County Attorney's office. This will provide up to $500,000 of incentive funds from the County to Springwood primarily to be May 9, 2000 performance agreement. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Nickens NAYS: Supervisor McNamara ABSTAIN: Supervisor Church IN RE: ADJOURNMENT At 5:50 p.m. Chairman McNamara adjourned the meeting. Submitted by, Approved by, Mary H. Allen, CMC/AAE Clerk to the Board Joseph McNamara Chairman 267 ._...~ May 23, 2000 69 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 May 23, 2000 The Board of Supervisors of Roanoke County, Virginia, met this day at the Roanoke County Administration Center, this being the fourth Tuesday and the second regularly scheduled meeting of the month of May, 2000. IN RE: CALL TO ORDER Chairman McNamara called the meeting to order at 3:02 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Joseph McNamara, Vice Chairman H. Odell "Fuzzy" Minnix (Arrived 4:00), Supervisors Joseph B. "Butch" Church, Bob L. Johnson, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: Elmer C. Hodge, County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; John M. Chambliss, Assistant County Administrator IN RE: OPENING CEREMONIES The invocation was given by John M. Chambliss, Jr., Assistant County Administrator. The Pledge of Allegiance was recited by all present. IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS Mr. Hodge added an item to the Closed Meeting pursuant to the Code of Virginia Section 2.1-344 (1) personnel matter involving layoff of two individuals in the May 23, 2000 271 towards a direct purchase of vehicles or added to the school debt fund. Mr. Hodge advised that the 6.25% figure is based on the general fund balance as of this year, and as of July 1, this figure would be adjusted and the difference would be about $2,000. Supervisor Johnson advised that the County usually has a surplus at year end of at least $750,000 to $1 million and thought it appropriate to adjust the fund balance to 6.25%. Supervisor Nickens advised that he was in agreement for lease purchases, but suggested that the number be reduced by three, purchase these out of the unappropriated fund balance, and replenish the balance after the year end audit. Supervisor Johnson advised that he did approve of purchasing the vehicles in the budget and his concern was with the lease purchase method. Supervisor Nickens advised that at the request of the Board, he distributed earlier a document with suggested contributions to local agencies to the Board members and staff, and the only change on that list was to increase it by $3,000 for the Salem- Roanoke Baseball Hall of Fame. There were no objections to this minor change to the document. Supervisors Nickens asked when the question of purchase versus lease purchase will be resolved if the budget is approved now. Mr. Hodge advised that staff plans to bring this item back to the Board for approval when the bids for the trucks are actually received and the amount known, and if there are any reductions from the amount approved in the budget, this amount would go into the fund balance. On motion of Supervisor Nickens to approve adoption of the budget and Capital Improvement Program, with contributions to local agencies as amended. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix May 23, 2000 273 County of Roanoke Budget Adoption FY 2000-2001 Adopted FY 2000-01 Revenue Estimates General Fund General Government General Property Taxes 76,610,000 Other Local Taxes 22,305,000 Permits, Fees & Licenses ~ 656,500 Fines and Forfeitures 570,500 Interest Income 720,000 Charges for Services 377,000 Commonwealth 7,519,517 Federal 2,387,401 Other 713,786 Total General Government 111,859,704 Comprehensive Services 1,817,115 E-911 Maintenance 800,000 Law Library 41,975 Recreation Fee Class 983,248 Internal Services 2,218,629 County Garage 1,262,126 Total General Fund 118,982,797 Debt Service Fund 11,253,882 Capital Projects Fund 4,046,925 Internal Service Fund 899 070 Water Fund 11,852,589 Beginning Balance 3,142,680 Total Water Fund 14,995,269 Sewer Fund 7,942,507 Beginning Balance 4,273,335 Total Sewer Fund 12,215,842 School Operating Fund 95,277,499 School Cafeteria Fund 3,600,000 School Capital Fund 549,215 School Grants Fund 2 967 972 School Textbook Fund 852,360 Total School Funds 103,247,046 Total Revenues All Funds 265,640,831 Less: Transfers (74,828,046) Total Net of Transfers 190,812,785 May 23, 2000 275 County oflRoanoke Budget Adoption FY 2000-2001 The above revenues and expenditures, the following beginning balance will be appropriated to the Unapprgpriated Balances of the respective fund: Adopted FY 2000-01 General Fund 7,400,000 Capital Fund 320,000 Future School Capital Fund 7,380,000 In addition, revenues collected for FY99-00 that exceed appropriations for the year will be re-appropriated for specific capital expenditures: Building Upgrades for Fire & Rescue Financial System Upgrade GASB 34 -Restructuring of Financial Reporting Model VA Western Community College -Site Preparation""" Investment Tracking Software for Treasurer Total ** 1/3 funding for 3 years (total of $96,800) $500,000 100, 000 50,000 32, 267 41, 000 $723,267 May 23, 2000 277 RESOLUTION 052300-2 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA APPROVING THE SUBMISSION OF APPLICATION TO THE LITERARY FUND FOR AN AMOUNT NOT TO EXCEED $7,500,000 FOR CONSTRUCTION OF NEW SOUTH COUNTY HIGH SCHOOL WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County propose to finance a portion of the cost of the construction of the New South County High School (the "Project") with a loan from the Virginia Literary Fund in the amount of $7,500,000 (the "Loan") and the School Board presented to the Board of Supervisors a proposed application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the amount of $7,500,000 for the Project to be paid in 20 annual installments and at the annual rate of 4% as set forth therein; WHEREAS, the County expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the construction and renovation of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The application of the School Board to the State Board of Education of Virginia for the Loan is hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $7,500,000 for the purposes set forth in such application. The Board of Supervisors will each year during the life of the Loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay the Loan and the interest thereon, as required by law regulating loans from the Literary Fund. 2. The County hereby declares its intent to reimburse itself with the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Project made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of such financings expected to be issued for the Project is $7,500,000. 3. This resolution shall take effect immediately upon its passage. ADOPTED this 23`d day of May, 2000. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix 3. Request to submit a literary loan application for renovations to Glenvar Middle School for an amount not to exceed $6,500,000. (Diane Hyatt, Finance Director R-052300-3 May 23, 2000 279 WHEREAS, the Board of Supervisors of the County of Roanoke, Virginia (the "County") and the School Board of the County propose to finance a portion of the cost of the renovation of the Glenvar Middle School (the "Project") with a loan from the Virginia Literary Fund in the amount of $6,500,000 (the "Loan") and the School Board presented to the Board of Supervisors a proposed application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund the amount of $6,500,000 for the Project to be paid in 20 annual installments and at the annual rate of 4% as set forth therein; WHEREAS, the County expects to pay, after the date hereof, certain expenditures (the "Expenditures") in connection with the construction and renovation of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA AS FOLLOWS: 1. The application of the School Board to the State Board of Education of Virginia for the Loan is hereby approved and authority is hereby granted to the School Board of the County to borrow a maximum of $6,500,000 for the purposes set forth in such application. The Board of Supervisors will each year during the life of the Loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay the Loan and the interest thereon, as required by law regulating loans from the Literary Fund. 2. The County hereby declares its intent to reimburse itself with the proceeds of one or more tax-exempt financings for the Expenditures with respect to the Project made on and after that date which is no more than 60 days prior to the date hereof (unless an exception is applicable). The maximum amount of such financings expected to be issued for the Project is $6,500,000. 3. This resolution shall take effect immediately upon its passage. ADOPTED this 23`d day of May, 2000. On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, McNamara NAYS: Supervisor Nickens ABSENT: Supervisor Minnix 4. Request to approve operating contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals. (John Chambliss, Assistant Administrator) Mr. Chambliss advised that this request is for the authority to enter into an agreement with the Roanoke Valley SPCA for a two year operating contract. He advised that prior contracts have been based on a per animal per day basis of $8.75 and have cost the County approximately $29,300 per year. The proposed contract includes a flat fee basis for $33,585.84 annually, payable at the rate of $2,798.92 per May 23, 2000 281 5. Request for appropriation of Governor's Opportunity Fund grant of $500,000 and the Community Development Block Grant of $700,000 to the Advance Auto project; and approval of agreement with the Roanoke Valley-Alleghany Regional Commission, providing for a payment not to exceed $38,000 for the administration of the CDBG. (Joyce Waugh. Economic Development Assistant Director) A-052300-4 Ms. Waugh advised that the Performance Agreement included provisions fora $500,000 Governor's Opportunity Fund (GOF) grant and a $700,000 Community Development Block Grant (CDBG), both of which were previously applied for and awarded. Since April 11, 2000, the requisite CDBG agreements have been finalized and executed and the Advance Auto/Boxley Hills Drainage Improvement Project is scheduled to proceed. The Roanoke Valley-Alleghany Regional Commission has agreed to administer the CDBG project for a cost not to exceed $38,000, which is included in the administrative fees of $51,834 approved by the Virginia Department of Housing and Community Development as part of the $700,000 CDBG. She asked that the Board appropriate the GOF grant of $500,000 and the CDBG of $700,000 to the Advance Auto Project and asked for approval of the agreement with the Roanoke Valley-Allegheny Regional Commission to pay up to $38,000 of CDBG funds for assistance. There was no discussion. Supervisor Johnson moved to approve the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None May 23, 2000 283 IN RE: FIRST READING OF ORDINANCES 1. First reading of ordinance appropriating the funds for the fiscal year 2000-2001 budget. (Brent Robertson, Budget Director Supervisor Johnson moved to approve the first reading of the ordinance. Supervisor Nickens suggested that the motion include approval of the classification plan that was distributed and the minor change in contributions that he requested earlier. Chairman McNamara advised that Supervisor Johnson clarified his motion to include this approval. Supervisor Johnson moved to approve the first reading with the classification plan and minor change and set the second reading for June 13, 2000. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, McNamara NAYS: None ABSENT: Supervisor Minnix IN RE: APPOINTMENTS 1. Board of Zoning Appeals Supervisor Nickens nominated W. Eric Thomas to serve another five year term which will expire June 30, 2005. 2. Industrial Development Authority Supervisor Nickens nominated Doug Chittum to replace a member who has retired from the IDA. Supervisor Johnson advised that although membership is not required to be by district, that with this nomination, the Vinton District would have two May 23, 2000 285 Supervisor McNamara moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 052300-5 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 May 23, 2000, 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 8, inclusive, as follows: 1. Approval of minute for April 11, 2000, April 25, 2000, and May 2, 2000 (Joint meeting with School Board). 2. Request to appropriate $173,234 in State funds to Social Services Budget for five service programs. 3. Confirmation of committee appointments to Parks and Recreation Advisory Commission and Roanoke Valley Convention and Visitors Bureau. 4. Ratification of member at-large appointment to the Blue Ridge Community Services Board of Directors. 5. Request from Schools for appropriation of $9,023.20 to the instructions program for use in the dual enrollment program. 6. Reques# from Schools for appropriation of donation of $1,310 from six Lions Clubs for a vision screening machine. 7. Acceptance of water facilities serving The Park at Valleypointe, Building "E". 8. Donation of storm drainage easement on property owned by Ann E. Staggs, Cave Spring Magisterial District, to the Board of Supervisors. 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 McNamara to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara May 23, 2000 287 Section 2.1-344 (1) personnel matter involving layoff of two individuals in the Sheriffs Office. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 1. Work session on amendments to the Sign Ordinance. The work session was held 4:20 p.m. until 4:45 p.m. and was presented by Mr. Hodge and County Planner Terry Harrington. There was discussion concerning flexibility and the 250 foot separation requirement waiver, and it was the consensus of the Board to amend the standard in paragraph 3 (a) as follows: No more than one freestanding sign shall be allowed for each 250 feet of lot frontage, or portion thereof, under single ownership or control. Mr. Harrington was asked to bring back a revised ordinance at the public hearing and second reading of the ordinance at the evening session. IN RE: CERTIFICATION RESOLUTION R-052300-6 At 7:00 p.m., Supervisor McNamara announced that the Closed Meeting was held from 4:50 p.m. until 6:30 p.m., moved to return to open session and adopt the Certification Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 052300-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA May 23, 2000 289 WHEREAS, the Cave Spring High School Boys Swim Team won the Group AAA State Championship on February 19, 2000, at George Mason University, edging past South Lakes of Reston, 188-183; and WHEREAS, the Knights won their first state swimming championship with eleven team members finishing in the state's top 16 in all events which showed the team's depth; and WHEREAS, Tommy Rappold led the team with a second place finish in the 100-yard butterfly; Court Freedman placed fifth in the 500-yard freestyle; Andy Bauman was sixth in the 200-yard individual medley; and the 200-yard medley relay team of Rappold Bauman, Josh Hailey and David Shoulders placed third; and WHEREAS, the Knights are coached by Christine Mastro who in her first year of coaching guided the team to the state championship. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia does hereby extend its sincere congratulations to the members of the CAVE SPRING HIGH SCHOOL BOYS SWIM TEAM, Ryan F. Adams; Andrew S. Bauman; Ryan M. Blackwell; Kevin W. Boucher; C. Daniel Eggleston; Brett D. Fonder; J. Courtland Freedman; Joshua R. Hailey; David E. Harbourt; Jason C. Nanz; Ryan Owenby; Thomas E. Rappold, Jr.; Alex R. Seamon; Joshua W. Shepherd; David W. Shoulders; Trey Watkins; Barret M. Wertz; and Adam P. Wood for their athletic ability, their team spirit, and their commitment to each other; and BE IT FURTHER RESOLVED, that the Board of Supervisors extends its best wishes to the members of the team, Coach Mastro, and the school in their future endeavors. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. Proclamation declaring the month of May, 2000 as Foster Care and Foster Home Recruitment Month in Roanoke County, Chairman McNamara presented the proclamation to Michael Metz, Supervisor for Foster Care, Department of Social Services, and Mr. and Mrs. Elbert Dovell, who are one of the nine currently approval foster homes taking care of 44 Roanoke County children. Supervisor Nickens moved to adopt the proclamation. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara May 23, 2000 291 Supervisor Johnson advised that he thinks this is a backwards approach to fairly compensating for employees who are under the State Compensation Board Classification Plan; he feels that the State Compensation Board should have been abolished years ago; and does not support withdrawing employees from the County's plan. In response to Supervisor Church's inquiries, Sheriff Holt advised that since he received conflicting information from members of the- County staff and the State Compensation Board, he hired an outside attorney with money from his budget. Sheriff Holt advised that if released from the State's plan, he would handle the employee grievances modeled after the one used by the Roanoke County School Board. Regarding the amount of attorney's fees to date, Sheriff Holt responded that he would have to bring that information back to the Board. Supervisor Nickens advised that Mr. Hodge stated in his comments on the Board report, that if the Board chooses to keep the Sheriff in the County's plan, he will work to develop a better method of reconciling State and County classification. Supervisor Nickens advised that he feels that Roanoke County and its employees can best function under the County's plan. Supervisor Minnix advised that he would support denial of the request because there is no way to provide future protection if the employees are removed from the County's plan. Supervisor Johnson advised that Sheriff Holt has made a legitimate request and asked Mr. Hodge to provide assistance towards finding a redress for the problems. Supervisor Nickens moved to deny approval of the request. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None May 23, 2000 293 RESOLUTION 052300-9 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, WATER REVENUE BOND, SERIES 2000B, IN THE MAXIMUM PRINCIPAL AMOUNT OF $820,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Water Revenue Bond, Series 20008, in the maximum principal amount of $820,000 (the "Bond"}, and to use the proceeds thereof, along with other available funds, if any, to (i) finance the costs of certain capital improvements to the County's water system incurred in connection with the extension of the water system to the Little Brushy Mountain community and (ii) pay the costs of issuance of the Bond (the "Project"). B. On May 23, 2000, the Board held a public hearing on the issuance of the Bond in accordance with the requirements of Section 15.2-2606 of the Code of Virginia of 1950, as amended (the "Virginia Code"). C. The Bond will be sold by the County to the Virginia Water Supply Revolving Fund (the "Fund"), acting by and through the Virginia Resources Authority, pursuant to the terms of a Financing Agreement (the "Financing Agreement") between the County and the Fund, to be dated as of a date specified by the Fund. D. The Bond will be issued as "Parity Indebtedness" as defined in the Master Indenture of Trust dated as of October 1, 1991 (as amended and supplemented, the "Indenture"), between the County and Crestar Bank, as Trustee. The Bond will be secured by a pledge of the revenues (as more particularly defined in the Financing Agreement, the "Revenues") derived by the County from the ownership and operation of its water system (as more particularly defined in the Financing Agreement, the "System"). The Bond will be secured on parity with the County's outstanding Bonds (as defined in the Indenture) and Parity Indebtedness with respect to the pledge of Revenues, but will not be secured by the Debt Service Reserve Fund created pursuant to the Indenture. E. The foregoing arrangements will be reflected in the Financing Agreement, a form of which has been presented to this meeting and filed with the County's documents. NOW, THEREFORE, be it resolved County of Roanoke, Virginia that: 1. The Board hereby elects to issue the Bond under the provisions of the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Virginia Code (the "Public Finance Act") without regard to the requirements, restrictions or other provisions contained in the Charter of the County. by the Board of Supervisors of the May 23, 2000 295 endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of Approval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to the Fund upon payment of the first principal advance thereunder. An authorized representative of the Fund shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and substance reasonably satisfactory to the Director of Finance, duly executed by the registered owner or by his or her duly authorized attorney-in-fact or legal representative. A new Bond delivered upon any transfer or exchange shall be a valid limited obligation of the County, evidencing the same debt as the Bond surrendered and shall be entitled to all of the security and benefits of this Resolution to the same extent as the Bond surrendered. 10. Charges for Exchange or Transfer. No charge shall be made for any exchange or transfer of the Bond, but the Director of Finance may require payment by the holder of the Bond of a sum sufficient to cover any tax or any other governmental charge that may be imposed in relation thereto. 11. Mutilated, Lost. Stolen or Destroyed Bond. If the Bond has been mutilated, lost, stolen or destroyed, the County shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon delivery to May 23, 2000 297 R-052300-10 Ms. Hyatt advised that on November 9, 1999, the Board approved the construction of an extension of the water system to the Clearbrook Lane community. This project was approved under the Citizen Participation program and the County qualified for a loan from the Drinking Water State Revolving Fund Program at an interest rate of 4% which was passed on to participating property owners. The bonds will be paid back over a twenty year period at 4% with an annual debt service of $15,389. Supervisor McNamara advised that this is a good program and that he would like to see a uniform rate for water projects. He moved to adopt the resolution, but withdrew his motion to allow Supervisor Minnix to make the motion. There was no discussion and no citizens present to speak on the issue. Supervisor Minnix moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None RESOLUTION 052300-10 OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA, AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF THE COUNTY OF ROANOKE, VIRGINIA, WATER REVENUE BOND, SERIES 2000A, IN THE MAXIMUM PRINCIPAL AMOUNT OF $207,000, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF RECITALS A. The Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and desirable to issue its Water Revenue Bond, Series 2000A, in the maximum principal amount of $207,000 (the "Bond"), and to use the proceeds thereof, along with other available funds, if any, to (i) finance the costs of certain capital improvements to the County's water system incurred in connection with the extension of the water system to the Clearbrook Lane community and (ii) pay the costs of issuance of the Bond (the "Project"). May 23, 2000 299 4. Pledge of Revenues. The Bond shall be a limited obligation of the County and, except to the extent payable from the proceeds of the sale of the Bond or the income, if any, derived from the investment thereof, is payable exclusively from the Revenues of the System which the County hereby pledges to the payment of the principal of and interest on the Bond pursuant to the terms of the Financing Agreement. The Bond will be issued as Parity Indebtedness as defined in the Indenture, and will be secured on parity with the County's outstanding Bonds (as defined in the Indenture) and Parity Indebtedness with respect to the pledge of Revenues, but will not be secured by the Debt Service Reserve Fund created pursuant to the Indenture. Neither the Commonwealth of Virginia nor any of its political subdivisions, including the County, shall be obligated to pay the principal of or interest on the Bond or other costs incident to it except from the revenues and any other money or property pledged for such purpose, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any of its political subdivisions, including the County, is pledged to the payment of the principal of or interest on the Bond or other costs incident to it. The issuance of the Bond does not directly, indirectly or contingently obligate the Commonwealth of Virginia or any of its political subdivisions, including the County, to levy any taxes for the payment of the Bond. 5. Form of Bond. The Bond shall be in substantially the form attached as Exhibit A to the Financing Agreement, with such variations, insertions or deletions as may be approved by the Chairman of the Board (the "Chairman") or the Vice Chairman of the Board (the "Vice Chairman"). There may be endorsed on the Bond such legend or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. 6. Evidence of AeProval. The Chairman's or Vice Chairman's approval or determination of all of the details and provisions of the Bond that he has been authorized and/or directed to approve under this Resolution shall be evidenced conclusively by his execution and delivery of the Bond on the County's behalf. 7. Redemption of Bond. The Bond shall be subject to optional redemption at the direction of the County, without penalty or premium, in whole or in part, at any time, upon the terms set forth in the Bond and the Financing Agreement. 8. Execution and Delivery of Bond. The Chairman or Vice Chairman is authorized and directed to execute the Bond. The Clerk of the Board (the "Clerk") or the Deputy Clerk of the Board (the "Deputy Clerk") is authorized and directed to affix the seal of the County to the executed Bond and to attest it and then to deliver the Bond or cause the Bond to be delivered to the Fund upon payment of the first principal advance thereunder. An authorized representative of the Fund shall enter the amount and date of each principal advance as provided in the Certificate of Advances attached to the Bond when the proceeds of such advance are delivered to the County. 9. Registration, Transfer and Exchange. The Board appoints the Director of Finance as its registrar and transfer agent to keep books for the registration and transfer of the Bond and to make such registrations and transfers on such books under such reasonable regulations as the County may prescribe. Upon surrender for transfer or exchange of the Bond at the office of the Director of Finance, the County shall cause the execution and delivery in the name of the transferee or registered owner, as applicable, of a new Bond for a principal amount equal to the Bond surrendered and of the same date and tenor as the Bond surrendered, subject in each case to such reasonable regulations as the County may prescribe. If surrendered for transfer, exchange, redemption or payment, the Bond shall May 23, 2000 301 On motion of Supervisor Church to adopt the resolution, and carried by the following recorded vote: , AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCE 1. First reading of ordinance to increase the salaries of the members of the Board of Supervisors of Roanoke County pursuant to Section 3 07 of the Roanoke County Charter and Section 141-46 01.01 of the Code of Virginia. (Paul Mahoney, County Attorney) Mr. Mahoney advised that this is the first reading and public hearing to increase the salaries of the members of the Board of Supervisors. The State Code and County Charter requires that any increase in Supervisors' salaries be accomplished by ordinance after a public hearing between May 1 and June 30, and that any increase be limited to an annual five percent inflation factor. The ordinance presented has a 4% increase which would result in $486.88 for each Supervisor. The second reading is scheduled for June 13, 2000. There was no discussion and no citizens present to speak on this issue. Supervisor Johnson moved to approve the first reading and set the second reading for June 13, 2000. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. First reading of ordinance authorizing the arantina of an easement to James Leslie Dugaer and Melvie Harkleroad Dugger in connection with their use of a portion of County May 23, 2000 303 1. Second reading of an ordinance to rezone from C-2 with conditions to C-2 (without conditions) and obtain a Special Use Permit for a religious assembly master plan, located in the 4800 block of Cloverdale Road. Hollins Magisterial District, upon the petition of Bonsack Baptist Church Terry Harrington, CountX Planner) 0-052300-11 Mr. Harrington advised that this is the petition of Bonsack Baptist Church for a special use permit and rezoning to remove conditions for a three phase master plan for a religious assembly and related uses. The Planning Commission recommended approval of the petition with two conditions which he described. Ms. Mary Ellen Goodlatte, representing the Bonsack Baptist Church, explained that the church owns property on both sides of Kingsmen Road near the intersection of Route 460 and Cloverdale Road. On one side of Kingsmen Drive is located the church structures and parking lot which is zoned R-1. On the other side of Kingsmen Road, is a 7.9 acre parcel purchased in 1997 by the church from the Greater Roanoke Development Foundation which is zoned C-2. She advised that Phase I is for grading and paving for the development of an additional 290 parking spaces, stormwater detention facilities, recreation field and shelter on this 7.97 acre commercial site with the projected time frame being immediate pending approval of this petition. Phase II focuses on the property across the street, and includes the addition of (2) two classrooms, administrative offices, pedestrian bridge with drop off lobby and canopy that crosses Kingsmen Road with the projected time frame being four years. Phase III completes the plan with a sanctuary addition with an 1800 seat capacity, and other renovations with the time frame being approximately 12 to 15 years. May 23, 2000 305 (c) An earthen berm will be provided to screen the loading dock area. 2. That this action is taken upon the application of Bonsack Baptist Church. 3. That a Special Use Permit is hereby approved for the Church's three phase master plan for a new religious assembly and related uses. This Special Use Permit shalt apply to Tax Map No. 40.01-1-17, 40.01-1-7, and 40.01-1-8 and is subject to the following conditions: (a) The master plan shall be in substantial conformance with the concept plan prepared by Hughes & Associates, dated February 9, 2000. (b) Any new entrances from the parking area identified in Phase I, shall be aligned with existing church-property entrances on Kingsmen Road. 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 Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 2. Second reading of an ordinance to obtain a Special Use Permit for a day .care center located at 1928 Loch Haven Drive, Catawba Magisterial District, upon the petition of Valley Word Ministries. (Terry Harrington, County Planner) 0-052300-12 Mr. Harrington advised that this is a petition for a special use permit to operate a day care center. The Planning Commission recommended approval of the petition with no proffered conditions. There was no discussion and no citizens present to speak on the issue. Supervisor Johnson suggested that any time something is done in this area, the County needs to be sure that the petitioners are aware of possible displacement and rearrangement due to expansion of Interstate 81. May 23, 2000 307 0-052300-13 Mr. Harrington advised that is the second reading of an ordinance which would designate the official map for the extension of Dow Hollow Road. As indicated at the first reading, the master plan for the RCCRT designated several road access points to the planned research park. A second access option for the park is an extension of Dow Hollow Road to the western edge of the site. He requested approval of a location for that extension based upon a known center line and is designated to be 100 feet in width. He stated that adoption of a map would serve two purposes: (1) The official map would be a formal plan of the County showing the future proposed right-of-way of Dow Hollow Road, and would serve as the formal notice to the community of the County's eventual intention to construct a second access into the park when the traffic demands justifies such an entrance; and (2) State law provides that if a right-of-way is shown on an official map, the County would have, by law, additional time to negotiate and acquire a property, if property within the right-of-way was proposed for development. The planning staff and Planning Commission recommend that the Board approve the official map amendment. There was no discussion and no citizens present to speak on the issue. Supervisor Church moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ORDINANCE 052300-13 APPROVING AND ADOPTING AN OFFICIAL STREET MAP FOR ROANOKE COUNTY BY THE IDENTIFICATION OF THE LOCATION OF A FUTURE RIGHT-OF-WAY FOR AN EXTENSION OF DOW HOLLOW ROAD TO THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY May 23, 2000 309 0-052300-14 Mr. Harrington distributed an updated copy of the ordinance based upon the discussions at the work session which was held earlier today. The County currently regulates the size and placement of signage on properties in all zoning districts including commercial. This amendment applies to parcels with more than 250 feet of frontage, and gives increased flexibility for placement of new or replacement freestanding signs on these properties. The amendment contains the minimum design guidelines for those new freestanding signs which would be required to be a monument type sign, and in exchange for this flexibility in the placement of new signs, the property owners would need to agree to undertake other types of sign improvements on the property to reduce clutter, update the signage and overall improve the appearance of the property. The Planning Commission held a public hearing on this amendment on May 2, 2000, and has recommended approval. There was no discussion and no citizens present to speak on the issue. Supervisor Johnson moved to adopt the ordinance. The motion carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None ORDINANCE 052300-14 AMENDING AND REENACTING THE ZONING ORDINANCE OF THE COUNTY OF ROANOKE VIRGINIA BY THE MODIFICATION OF STANDARDS FOR THE PLACEMENT OF FREESTANDING SIGNS IN C-2 GENERAL COMMERCIAL DISTRICTS WHEREAS, in 1992 the Roanoke County Board of Supervisors adopted a new zoning ordinance for Roanoke County ,including provisions for the display of commercial signage within the county; and, WHEREAS, The Roanoke County Planning Commission has considered options for additional flexibility in the placement of new freestanding signs in C-2 zoning districts; and, WHEREAS, this flexibility would be in exchange for updating existing freestanding signage, and more stringent size and design guidelines for new freestanding signs; and, May 23, 2000 311 e. All other sign ordinance requirements 2. That this ordinance shall be in full force and effect from and after June 1, 2000 On motion of Supervisor Johnson to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None 5. Second reading of ordinance amending and reenacting Section 18-168, "Schedule of Charges" of Chapter 18, Sewers and Sewage Disposal, Article IV. "Sewer Use Standards" and Section 22-82, "Rates and Fees" of Chapter 22 Water, Article II. "Water Systems", Division 2. "County Water System", of the Roanoke County Code to provide for adjustment of the base charges for water and sewer service and an increase in the volume charge for sewer service in the County of Roanoke. Diane Hyatt, Finance Director) 0-052300-15 Ms. Hyatt advised that this is a public hearing and second reading to reduce the water rates. As the result of an agreement with the City of Roanoke, the County will be able to reduce the water rates by an average of 6.6%. At the same time, the sewer rates will be reallocated to put a lower percentage on the base charge which will benefit the lower volume users. This action will be effective July 1, 2000. Supervisor McNamara advised that these rate reductions were not made earlier because the savings from the contract were used in a one-time payment to the City of Roanoke. There was no discussion and no citizens present to speak on the issue. Supervisor McNamara moved to adopt the ordinance. The motion carried by the following recorded vote: May 23, 2000 313 SCHEDULE OF BASE CHARGES Volume Based SEWER RATES Water. Supplied BASE CHARGE PER MONTH 1000 Gallons Per Month 0 - 1.0 8.31 11 - 1.4 12.47 15 - 17 20.78 18 - 28 34.50 29 - 39 48.20 40 - 54 66.49 55 - 69 85.60 70 - 111 138.37 112 - 153 191.1.5 154 - 210 262.20 211- 267 333.26 268 - 440 548.92 441 - 613 764.58 614 - 853 1,063.77 854 -1093 1,362.96 1094 -1400 1,745.25 1401-1707 2,127.54 1708 - 2087 2,601.26 2088 - 2467 3,074.96 May 23, 2000 315 15-- 17 30.08 18-- 28 49.91 29-- 39 69.76 40-- 54 96.21 55-- 69 123.86 70--111 200.24 1.12--153 276.60 154-- 210 379.43 211-- 267 482.25 268-- 440 794.33 441-- 613 1,1.06.40 614-- 853 1,539.35 854--1093 1,972.27 1094--1400 2,525.49 1401--1707 3 078.69 1708--2087 3,764.17 2088--2467 4,449.67 Volume charge Per 1000 Gallons 2.05 **** 3. That all subsections and provisions of §18-168 and §22-82 of the Roanoke County Code, not specifically amended herein, shall remain in full force and effect. 4. That the provisions of this ordinance and the rates established hereby shall be effective on and from July 1, 2000. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS 1. Joan Carver, 8549 Willett Lane, Bent Mountain, advised that she (1) never saw any report from the fire chief on Bent Mountain Library safety as requested recently by the Board; (2) distributed and discussed several examples of County articles/publications and library statement of goals and objectives; and asked for equal consideration for Bent Mountain Library. Chairman McNamara asked that the fire chiefs report be made available for Ms. Carver. May 23, 2000 317 Supervisor Church: (1) He reminded citizens about the Green Hill Balloon Festival planned for June 9 and 10 as part of the County's Year 2000 celebration. (2) He thanked the Virginia Department of Transportation for the sign placed on Route 311 for Mason Cove Elementary School. Supervisor Nickens: (1) He advised that he received a petition from citizens to close the Willie Martin Park which is operated and maintained by the County but not located on County property. He asked that the petition be forwarded to Mr. Hodge and Director of Parks & Recreation Pete Haislip, and asked for a recommendation within thirty days. Supervisor McNamara: (1) He advised that he thought the budget process went smoothly. (2) He advised that this meeting would be adjourned to Camp Roanoke for a meeting with the members of the Board, School Board, and administrative staffs to find ways to more effectively serve the citizens. He thanked the participants for taking their time for this meeting. Supervisor Minnix advised that he will be out of town on May 26th and unable to attend the meeting and asked for a report. Supervisor McNamara advised that they will have input from groups at the meeting and then decide how to utilize the information in a report. IN RE: ADJOURNMENT At 8:53 p.m. Chairman McNamara adjourned the meeting to 10:00 a.m. on May 26, 2000 at Camp Roanoke for Task Force 2000 retreat with School Board, staff and participants. A-062700-5.a 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: June 27, 2000 AGENDA ITEM: Confirmation of Committee appointment to the Parks and Recreation Advisory Commission COUNTY ADMINISTRATOR'S COMMENTS: ;~~ (Q ,~ ~~ SUMMARY OF INFORMATION Parks and Recreation Advisory Commission Supervisor Church is nominating Wayne Gauldin and Donna Wooldrige to another three year term representing the Catawba Magisterial District. Their terms will expire 6/30/2003 STAFF RECOMMENDATION It is recommended that the above nominations be confirmed. Respectfully submitted, ~/- Mary H. Allen, CMC/AAE Clerk to the Board ppr ed by~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Johnson _ x Received () McNamara- _ x Referred () Minnix _ x To () Nickens _ x cc: File Parks and Recreation Advisory Commission File 1 ~c A-062700-5 . b ACTION NO. ITEM NUMBER ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27,2000 AGENDA ITEM: Request to approve the proposed Operating Contract with the Roanoke Valley SPCA COUNTY ADMINISTRATOR'S COMME S: BACKGROUND: At the work session with the Board of Supervisors on June 13, 2000, you asked staff to place a report requesting approval of the SPCA contract on the consent agenda for June 27. For several years, the Roanoke Valley SPCA has provided the animal impoundment facilities for Roanoke County and most of the other local governments of the Roanoke Valley. The current contract is based on a per animal per day basis of $8.75 and is expected to cost Roanoke County approximately $29,300 this year. These monies are included in the Police Department budget which provides the Animal Control functions for the County. The proposed contract is for a period of two years and suggests that the rate be a flat fee basis in the amount of $33,585.84 annually payable at the rate of $2,798.82 per month. This same rate will apply for two fiscal years (FY 2000-01 and FY 2001-02). For several years, the fees charged by the SPCA have not covered the services provided to the localities and the subsidy was provided by the monies of the SPCA in addition to the volunteer and staff efforts of their organization. Attached is a copy of the proposed budget of the SPCA, an analysis of the costs attributed to the impoundment operation, and a comparison of the current contract to the proposed contract (by locality based on historical usage). Related to this matter, Roanoke County, Botetourt County, Roanoke City, and the Town of Vinton have been working for over a year to determine the best means of providing the animal impoundment facility. During early discussions with the Roanoke Valley SPCA, they indicated that they did not wish to provide the impoundment and euthanasia services, but planned to provide animal education, adoption, and other pet related services. In January S- 3 2000, their officials met with local government representatives to suggest that we consider building a regional impoundment facility on their property and the SPCA would continue to operate it under contract. We are now working with their architects to see if the needed facility can, in fact, be constructed on their site. We will then seek to negotiate a capital plan and operating plan for joint services. These joint discussions have resulted in this proposed two year operating contract. At this time, we do not have alternate facilities to use, however, staff feels that the SPCA has negotiated in good faith for this new contract. During our discussions for the operation of a proposed new impoundment facility, the localities must determine the services that we wish to provide ourselves and which functions and services are to be performed by the SPCA. These services are likely to cost substantially more (salaries either for the SPCA or the localities) as well as the factor for the facility debt service. We anticipate a long term contract with a greater voice in the operations at that time. Staff from Roanoke County, Roanoke City, Vinton and Botetourt County met with the Board members from the SPCA and their architect on June 14 to look at the proposed site plan and to work towards a common goal of beginning the construction of the new facility. We share the goal of the Board of Supervisors in bringing this planning process to a prompt conclusion. ALTERNATIVES: 1. Renew the contract with the Roanoke Valley SPCA to provide animal impoundment services for the two year period FY2000-02 at an annual rate of $33,585.84. 2. Establish an animal shelter of our own and assume all operating costs. (Obviously, this cannot be accomplished by July 1, 2000.) No such site or staff is available at this time and it will be more expensive to operate based on the amount of volunteer help available to the SPCA and the other donations that they receive. 3. Find another shelter to join or contract with to provide impoundment services. This alternative may require substantial cost for transportation and may not be readily accessible to County residents seeking to locate or recover a pet. Without a specific facility in mind, accurate cost estimates cannot be provided. FISCAL IMPACT: Funds are included in the Police Department budget to handle animal shelter costs. RECOMMENDATIONS: "` Staff recommends renewing the contract on a regional basis with the Roanoke Valley SPCA upon form approved by the County Attorney and authorization for staff to continue to work with the Valley governments and the SPCA to resolve the new shelter and other operational issues. Respectfully submitted, Approved , ~ C ~~ Cam: -~-~_ ~ , ~ ,r John M. Champ iss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION ---------------------------------------------- VOTE --- No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () Johnson _ x Received () McNamara- _ x Referred () Minnix _ x To () Nickens _ x cc: File John Chambliss, Jr., Assistant Administrator W. Brent Robertson, Director, Budget Ray Lavinder, Chief of Police A-062700-5. c ACTION # ITEM NUMBER ~°~ MEETING DATE: June 27, 2000 AGENDA ITEM: Request from Schools for $4,917,338 appropriation to the 2000-2001 Regional Special Education Fund COUNTY ADMINISTRATOR'S COMMENTS: ~~~ BACKGROUND: The Roanoke County School Board serves as the fiscal agent for the Roanoke Valley Regional Special Education Board. The budget for the regional board for 1999-00 was $4,404,656. The board-adopted budget for 2000-01 is $4,917,338. The Regional Program began operation during the fiscal year 1986-87. The Regional consortium is comprised of six school divisions: Roanoke County, Roanoke City, Salem City, Botetourt County, Craig County and Franklin County. Services are provided to children with autism, multiple disabilities, severe and profound disabilities and hearing impairments. Regional classes are currently housed in the following school divisions: Roanoke County Roanoke City Botetourt County Franklin County FISCAL IMPACT: Revenue received from participating school divisions is based on a per pupil cost. Program cost for each division is offset through reimbursement from the State Department of Education. •' • V r .. C / ' ~-y STAFF RECOMMENDATION: Staff recommends appropriation of the Roanoke Valley Regional Special Education Board's budget for 2000-01. Patricia M. Radcliffe Regional Director ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) ~t~"~ `" J Elmer C. Hodge NNN "'""" County Administrator Motion by: Harry C. Nickens to aeprove cc: File Patricia M. Radcliffe, Regional Director Diane D. Hyatt, Director, Finance Dr. Linda Weber, School Superintendent Brenda Chastain, Clerk, School Board VOTE No Yes Absent Church _ x _ Johnson _ x McNamara- _ x Minnix _ x Nickens _ x RegloNCounty0l t A-062700-5.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: June 27, 2000 AGENDA ITEM: Acceptance of a grant by the Police Department to provide funds to employ full time police officers to work with youth through coaching athletic teams at county secondary schools. Count Administa is Comm nts: c_ " \. \~L~ BACKGROUND: The Roanoke County Police Department applied for a grant to continue the Cops for Coaches Program. The program involves police officers coaching high school athletic teams to improve community relations. This program provides police officers many opportunities to interact with youth in positive situations. The grant has been approved by the Department of Criminal Justice Services (DCJS) in the amount of $12,753. FISCAL IMPACT: The grant is for $9565.02 in DCJS federal funds (75%) and $3188.34 in local funds(25%). The local match will be satisfied from existing police department funds. STAFF RECOMMENDATION: The staff recommends acceptance of the grant from the Department of Criminal Justice Service. Respectfully submitted, ~~ James R. Lavinder Chief of Police r ~ ~ ~~ ~ Elmer C. Hodge County Administrator i~ r ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () Johnson _ x _ Received O McNamara_ _ x Referred () Minnix _ x _ To () Nickens x cc: File James R. Lavinder, Chief of Police Diane D. Hyatt, Director, Finance •, ,~ , A-062700- . e 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: June 27, 2000 AGENDA ITEM: Request for acceptance of grants for the Roanoke Valley Greenway Commission, authorization of expenditure of said funds, and delegation to the Greenway Commission of authority to execute contracts and agreements related thereto. COUNTY ADMINIST TOR'S CO ENTS: C~' BACKGROUND: In April 1997 Roanoke County, Roanoke City, Salem and Vinton signed an Intergovernmental Agreement establishing the Roanoke Valley Greenway Commission. The Greenway Commission's role is to promote and coordinate development of a regional greenway network. In October 1997 Roanoke County signed an agreement with the Commission to provide office space for the Greenway Coordinator and serve as fiscal agent for the Commission. In October 1997 Roanoke City agreed to build a connection for Lick Run Greenway on the new I-581 Valley View interchange. This was done with the understanding that greenway supporters would raise funds to build the next section of greenway providing connection to a public right- of-way. The Greenway Commission has sought and obtained $67,500 in grants from the Fifth Planning District Regional Alliance and a $39,600 grant from the Virginia Recreational Trails Fund Program for construction of this section of Lick Run Greenway. Land for the greenway has been donated by FCD-Shenandoah Limited Partnership and Barrows Corporation to the Western Virginia Land Trust. Pathfinders for Greenways, anon-profit citizen group, has secured private donations and paid for the engineering design. When this section of greenway is completed, it will be donated to Roanoke City and will serve as match to the TEA-21 grants funding the remainder of the project. The Greenway Commission has coordinated this project with Roanoke City staff, has had plans reviewed by Roanoke City engineering, and is now ready to bid and contract for construction of the next section of Lick Run Greenway. FISCAL IMPACT: No Roanoke County funds will be expended for these purposes. • r . ACTION SUMMARY: Roanoke County serves as fiscal agent for the regional Roanoke Valley Greenway Commission. The Commission needs to expend grant funds for construction of Lick Run Greenway in Roanoke City. STAFF RECOMMENDATION: Staff recommends: 1) acceptance of said grants for the Roanoke Valley Greenway Commission, 2) authorization of expenditure of funds for purposes specified in the grants, and 3) delegation of authority to the Greenway Commission to sign contracts and documents related to expenditure of grant funds. Respectfully Submitted, z" ~_ .1 Liz e~her, Greenway Coordinator Roanoke Valley Greenways Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) cc: File ..r.. ...~ Approved, ~~~'~"_' Elmer C. Hodge County Administrator VOTE No Yes Absent Motion by: Harry C. Nickens to approve Church _ x _ Johnson _ x _ McNamara_ _ x Minnix _ X _ Nickens x Liz Belcher, Greenway Coordinator Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney V r A-062700-5.f ACTION NO. ITEM NUMBER ~J- AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 ENDA ITEM: Close out of Youth Haven II Petty Cash COUNTY ADMINISTRATOR'S COMMENTS: a~ SUMMARY OF INFORMATION: Section 15.2-1229 of the Code of Virginia of 1950, as amended, authorizes the Board of Supervisors of any county to establish one or more petty cash funds not exceeding $5,000. This request is for the specific close out of Youth Haven II's petty cash in the amount of $500.00. These funds have been verified and received by the Roanoke County Treasurer's office. If petty cash funds are needed by the Day Reporting Program (to be operated at the Youth Haven II facility), then a separate request will be generated by the Court Service Unit. FISCAL IMPACT: None. STAFF RECOMMENDATION: Staff recommends closing out the Youth Haven II petty cash fund in the amount of $500.00. SUBMITTED BY: ~ ~ ~ ~ ~~~ .~f.K.cz.,,L Vincent K. Copenhaver Finance Manager APPROVED: (,. ' ~ ~, 1~~ Elmer C. Hodge County Administrator M:\FINANC E\COMMON\Board-Reports\2000\6-27-00. YH.wpd ~J""" ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x _ Denied () Johnson _ x _ Received () McNamara_ _ x Referred () Minnix _ x _ To () Nickens x cc: File Vincent K. Copenhaver, Finance Manager Diane D. Hyatt, Director, Finance M:\FINANCE\COMMON\Board-Reports\2000\6-27-00. YH.wpd A-062700-5.g 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: June 27,2000 AGENDA ITEM: Request for the Approval and Appropriation of Family Preservation Act Monies COUNTY ADMIN STRATOR'S COMMENTS: ~~Q~ BACKGROUND: The Family Preservation Act is a grant program through the Department of Social Services used to preserve the family unit by offering specialized assistance to families and youth. For Fiscal Year 1999 - 2000, Roanoke County is slated to receive $42,331. In the past, these monies have been distributed by the Community Policy and Management Team (CPMT) to fund specialized respite care, evaluations for specialized treatments for the children served by the Comprehensive Services Act, and other unique needs of qualified youth whose cases are being administered by the CPMT. FISCAL IMPACT: The $42, 331 allocated to Roanoke County has been earmarked for multi-discipline physical and neurological evaluations for children before the CPMT. No other General Fund monies are required. RECOMMENDATIONS: Staff recommends accepting the Family Preservation Act monies in the amount of $42,331 for FY 1999-2000 and appropriating said funds for use by the CPMT to treat the needs of the youth of the County. Respectfully submitted, App oved by John M. Chamb'~iss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied ( ) Johnson _ x _ Received ( ) McNamara_ _ x Referred ( ) Minnix _ x _ To ( ) Nickens x cc: File John M. Chambliss, Jr., Assistant Administrator Steve Kleiber, Finance Diane D. Hyatt, Director, Finance Betty McCrary, Director, Social Services ' ,~ . A-062700- 5.h 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: June 27, 2000 AGENDA ITEM: Request to Accept and Appropriate a Juvenile Accountability Incentive Block Grant COUNTY ADM I~N~p11STRATOR' S COMMENTS BACKGROUND: The Federal Government established a Juvenile Accountability Incentive Block Grant program administered in Virginia through the Department of Criminal Justice Services. Roanoke County was an entitlement community because of certain juvenile crime and population statistics and was awarded a Year 1 grant of $6,600 Federal money with a $733 local match and a Year 2 grant of $10,788 Federal money with a $1,199 local match to be used for the FY 1999-2000. The County and City of Roanoke pooled their allocations to develop an inventory of programs providing juvenile justice services to the juveniles of the community and will work to develop a graduated level of sanctions to be applied in the treatment process. The proposed levels of sanctions include diversion for first time offenders, supervision for second and third time; and residential placement for four or more times. We will be working with the community organizations to establish their roles in the treatment programs. FISCAL IMPACT: The grant is for $17,388 with a local match of $1,932 to come from the Court Service Unit budget. RECOMMENDATIONS: Staff recommends acceptance and appropriation of the Juvenile Accountability Incentive Block Grant with the participation in the regional project to establish a system of graduated sanctions for juvenile offenders. Respectfully submitted, pr ved , ~, j~~ John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ~~ ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () Johnson _ x Received () McNamara- _ x Referred () Minnix _ x To () Nickens _ x cc: File John M. Chambliss, Jr., Assistant Administrator Diane D. Hyatt, Director, Finance Lesa Ward, Finance 1v-- l GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIlZGINIA of General Amount Fund Revenues Unaudited Beginning Balance at July 1, 1999 $6,750,027 5.94% Results of Operations for 1998-99 1,058,946 Audited Beginning Balance at July 1, 1999 7,808,973 Oct 12, 1999 Consultant for regional refuse collection study (17,558) Feb 14, 2000 Hardy Road bikeways and sidewalks (3,000) Aptil 11, 2000 Supplemental agreement with Advance Auto (350,000) June 13, 2000 Increased County gasoline costs ($169,156) Balance at June 27, 2000 $7,269,259 6.39% Changes below this line are for information and planning purposes only. Balance from above $7,269,259 $7,269,259 6.39% 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 1999 - 2000 General Fund Revenues $113,709,991 6.25% of General Fund Revenues $7,106,874 Respectfully Submitted, ~~~, ~. ~~ Diane D. Hyatt Director of Finance Approved By, J lmer C. Hodge County Administrator &~ ~~~. M:\Finance\Common\Board\Gen99. WK4 I"~~ CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Balance from June 22, 1999 Board meeting Dixie Caverns Recovery Sale of land and equipment during 1998-99 Unaudited Beginning Balance at July 1, 1999 ov 9, 1999 Transfer from General Fund for 1998-99 expenditure savings (with $40,646 reserved for pending rollovers) Nov 23, 1999 Allocation of rollover reserved above Sept 14, 1999 Advance Auto performance agreement (This money will be reimbursed to the capital fund from future tax collections) Oct 26,1999 Purchase of land adjacent to Vinyard Park II Feb 29, 2000 Blue Ridge Parkway Interpretive Center Balance at June 27, 2000 Respectfully Submitted, Diane D. Hyatt Director of Finance Approved By, ~V Elmer C. Hodge County Administrator $11,042.93 137,500.00 354,643.16 503,186.09 384,832.00 (40,646. (226,650. (41,000.00 (300,000. $279.722.09 ~~~~. M:\Finance\Common\Board\Cap99. WK4 ~- 3 FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIIZGINIA Amount N' y Savings from 1996-97 debt budget Transfer from County Capital Projects Fund FY97-98 Original budget appropriation June 23, 1998 Savings from 1997-98 debt fund FY98-99 Original budget appropriation FY99-200 Original budget appropriation Less increase in debt service November 9, 1999 Savings from 1998-99 debt fund $670,000.00 1,113,043.00 2,000,000.00 321,772.00 2,000,000.00 2,000,000 (1,219,855) 780,145.00 495,363.00 Balance at June 27, 2000 Respectfully Submitted, ~~~-~ ~.~ Diane D. Hyatt Director of Finance Approved By, i~ $7,3 00 Elmer C. Hodge County Administrator M:\Finance\Common\Board\Schoo199. WK4 i ACTION # ITEM NUMBER N'" Jr' ATA REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADM[NISTRATION CENTER MEETING DATE: June 27, 2000 AGENDA ITEM: Accounts Paid -May 2000 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Payments to Vendors: Payroll 5/ 12/00 Payroll 5/26/00 Manual Checks 5/26/00 Voids 5/26/00 Direct Deposit Checks $7,677,449.31 $522,030.40 $186,399.18 708,429.58 542,379.76 202,270.15 744,649.91 2,427.51 2,427.51 (2,238.45) (2,238.45) $9,130,717.86 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: ~~.~ Diane D. Hyatt Director of Finance Approved Denied () Church Received () Johnson Referred () McNamara To ~ Minnix Nickens N-5 No Yes Abs ACTION NO. ITEM NUMBER _ ~`I° AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 AGENDA ITEM: Status Report on County Projects COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Listed below are status reports on five County projects. If you have projects you would like added to this report, please let me know. REGIONAL FIRE TRAINING CENTER The substantial completion date for the project is July 9, 2000. The contractor has 18 rain days that he can add to the project. This will extend the completion date to July 27, 2000. Office partitions, classroom tables, chairs and various otherfurnishings have been ordered and delivery is scheduled for mid-July. The installation of vinyl the will begin on June 26. Most of the work is progressing very well. However, there are several items that concern the construction committee. They are: - The quarry the mechanic had a heart attack the weekend before he was to begin work and as of this date the contractor has not secured a replacement. The delay will start to affect other trades if installation is not completed in a timely manner. - Due to a problem with the classroom partitions, there has been a delay in ordering, but the problem has been resolved, and this should not delay the move in date. -The cabinets proposed by the contractor did not meet the specifications and were turned down by the architect several weeks ago, and there is concern that there will be a delay in securing them because of the time required for manufacturing. 1 N-~ CENTER FOR RESEARCH AND TECHNOLOGY Construction Contractually, Reed construction had 47% of the road completed on May 25, 2000. The cul-de-sac (connector street) was completed on June 21, 2000, and grading is complete. The property is seeded and starting to grow. The next steps are to lay base stone, build curb & gutter, and pave the road. Landscaping bids have been received and staff is waiting to see if the sign will be altered before initiating contract. Marketing Prospect package was sent to a confidential client of TIMMONS. A virtual tour proposal has been requested from Hay Seay, Mattern and Mattern. Contact has been made with Wiley & Wilson for developmental partners. Staff is identifying magazine and trade journals for a segmented advertisement campaign. Staff attended Industry Open House & Opportunities at Virginia Tech's College of Engineering ROANOKE CITY/ROANOKE COUNTY INTERCONNECT Loch Haven Drive Water Line Extension. Phase II Construction by Roanoke City personnel continues with approximately 1800 LF of 16-inch water line installed to date. Completion is anticipated late summer/early fall. 2. Pressure testing of completed portions of the project is anticipated to begin mid- July 2000. 3. Delivery of materials supplies by Roanoke County has been proceeding. Deliveries are coordinated through Roanoke City staff. 4. To date, three (3) residents have requested water service. Montclair Water Line Construction began in April 2000 with completion by July 1, 2000. Project includes installation of approximately 3,600 feet of 8-inch water line. 2. Approximately 3,000 feet of 8-inch water line has been installed to date. 2. Four easements are required for this project. Agreements for acquiring these easements have been negotiated with the property owners. Request for 2 N- ~ approving these easement acquisitions was on the March 28, 2000 Board Agenda. ROANOKE VALLEY JUVENILE DETENTION CENTER Construction of Phase I is substantially complete with the exception of the temporary cooking unit (oven). The 48 beds have been opened for use and we were housing 41 youth as of June 15. Abatement of the hazardous materials in the old section will begin in July and the gym will be finished to allow recreational opportunity for the detainees. Construction of Phase II will begin in early August with scheduled completion in July 2001. SALEM OFFICE SUPPLY BUILDING AND THE COURTHOUSE PROJECT Preliminary drawings and cost estimates have been received from the architect for final review and corrections and the project is being prepared for bid. Drawings are being reviewed with the City of Salem for any final changes. Preparation for the wiring for the computer systems and interface with other County offices is being coordinated with our Department of General Services, MIS, and the City of Salem. Demolition of the interior is complete except for the final mechanical equipment and roofing which will be removed during construction. We have been using the services of inmate labor and the juvenile community service workers to save monies on the demolition cost. Further work on the Courthouse improvements will begin when the Court Services Unit moves out of the Courthouse space. Respectfully subm' ted: 1 ~~f ~~ ~. Elmer C. Hodge County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No Yes Abs Approved () Motion by: Church Denied () Johnson _ _ Received () McNamara- Referred () Minnix _ _ _ To () Nickens _ _ 3 ~u~zttzg of ~nttttu~e n~ ~ ~ ~~~~ ~ r.~ ~ ROAN ~" F ), , L ti ~ 2 ~ 2 J d~ 38 DECLARING THE MONTH OF JULY, 2000 AS ROANOKE VALLEY CRIME LINE MONTH WHEREAS, crime is a fact of life in the Nation, as well as the communities of the Roanoke Valley; and WHEREAS, crime is a blight that eats away at our lives, our homes, our schools, our neighborhoods, and our communities; and WHEREAS, crime prevention is an ongoing task for all citizens of the Roanoke Valley; and WHEREAS, it has been determined that the most effective crime prevention technique is a proactive community approach involving actively aware citizens, active involvement of citizens, and of students to assist law enforcement with factual information for solving crimes; and WHEREAS, Crime Line and School Crime Line bring together citizens, neighborhood leaders, students, school personnel, and law enforcement officials to encourage and foster communication, understanding and cooperation, and to build safer communities. NOW, THEREFORE, WE, Joseph McNamara, Chairman of the Board of Supervisors of Roanoke County, Virginia, and Elmer Hodge, County Administrator, do hereby proclaim the month of July, 2000 as ROANOKE VALLEY CRIME LINE MONTH in Roanoke County; and FURTHER, call upon all citizens to join with us in support of the aims, goals, and programs of the Roanoke Valley Crime Line, Inc., including School Crime Line. seph McNamara, Chairman C~~~ Elmer C. Hodge, C my Administrator ATTEST: Mary H. Allen, Clerk to the Board ACTION N0. ITEM NUMBER d' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27 , 2000. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of May 31, 2000. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: BANKERS ACCEPTANCE: BANK OF AMERICA 991,044.44 BRANCH BANKING & TRUST 1,977,518.89 SUNTRUST 990,183.06 WHEAT 1ST UNION 970,572.78 4,929,319.17 CERTIFICATE OF DEPOSITS: FIRST AMERICAN 100,000.00 SOUTHWEST VIRGINIA SAVINGS & LOAN 100,000.00 200,000.00 COMMERICAL PAPER: BANK OF AMERICA 4,054,116.77 BRANCH BANKING & TRUST 987,081.94 PAINE-WEBBER 5,932,638.61 SUNTRUST 2, 962, 068.33 WACHOVIA 4,939,019.17 WHEAT 1ST UNION 3,948,085.83 22,823,010.65 LOCAL GOVT INVESTMENT POOL: GENERAL FUND 7,954,204.37 RESOURCE AUTHORITY 1,902,403.43 9,856,607.80 MONEY MARKET: CRESTAR 7,057,905.83 FIRST UNION 2,082,825.41 PAINE-WEBBER 3,218,937.22 12,359,668.46 CASH INVESTMENTS: CRESTAR 15,067,519.24 LB&T 3,220,655.14 MENTOR - G.O. 5,417,693.20 MENTOR - R.A. 5,769,749.77 WACHOV IA 2, 368, 924.61 31, 844, 541.96 GOVERNMENT: BRANCH BANKING & TRUST 984,500.00 WAC HOVIA 989, 500.00 1, 974, 000.00 TOTAL 83,987,148.04 Pg. 1 of 2 ~ , ~ ~ 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: June 27, 2000. AGENDA ITEMS: Statement of the Treasurer's Accountability per Investments and Portfolio Policy, as of May 31, 2000. COUNTY ADMINISTRATOR'S COMMENTS: STAFF RECOMMENDATION: Respectfully Submitte/d by L r d C. Anderson .;~~County Treasurer ACTION Approved ()Motion by: Denied ( 1 Received ( ) Referred ( ) To () Appr ved by' N Elmer C. Hodge County Administrator Church Johnson McNamara Minnix Nickens VOTE No Yes Abs Pg. 2 of 2 { , ~ ~ -- ^-- - ~. ; ~ , ,5 ~ i ~ i ~~ _ < ~ ~ i --~_ _ ``$ III ... ( `~~ ``` r\,`\\ i ~ 80~ ~ 1 ~ .^~: '~ 'Y ~7< ~~ i W~~@ ~ / P ~ ~ ~ N i~ ~, f- ~ ~, ~y ~~ r' ~~ i i ~ D ' ,a'Na ~ / a~ ~ ~;~ "s ~~~ a: 8 l ~ / `~ i~ ~% +\~r /r ° 'y'~~ lnV- /~/ i ~ ~ ~C~ \ { \\ ~ `~ t .- _ _ -.. \ , ..... .. ,.- .~ _...._ A _ .. . . -.. ,__ .. _ '-~ -. _ \ i ... , yy: _ `/ s ____ ' '• "-, .vt ~ ---------- -_ ~ Oy .. - ,. ..N .,...., - _- e- ~ _._ ... i ~` -~ ~ lti ~:. _ . { ~ ~V~ ~ I `( a~ $ I / ', \ ~ '~ / x;s .. c4 ~ ~ 1 `~, 1 ' ~ ~jp i~ s 3 ? ~ 5 T f ~-. *~ = ~ K.6NnIETH WRIGN'~ 3 ~1 T1' P.C. ' ` a ~ ° `~""""'" RUAA~OKE CUUN'fY, VIRGINIA °~°'•°""°•~Q~~TM~ ° o, " V I slw~ s~swre ~w~ .. sn.xr.:.. IO i1 ~ t rAi (wl 1aa-~w RNUR '~O~CUUa wl• __~i AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 RESOLUTION 062700-6 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and 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 closed 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 closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Minnix adopt the Certification Resolution; and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~• Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Closed Session File 1 ~~- ~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000. RESOLUTION 062700-7 OF APPRECIATION TO JEREMY FORD, PATRICK GREER AND JESSE JANNEY FOR THEIR HONESTY AND INTEGRITY IN TURNING IN FOUND MONEY TO THE POLICE DEPARTMENT WHEREAS, Jeremy Ford, age 13, Patrick Greer, age 14, and Jesse Janney, age 14, were target shooting with a BB gun in the woods near Cider Mill Court on April 8, 2000; and WHEREAS, during this activity they came upon two glass jars containing $2,032 in cash and $104.50 in personal checks that were dated in 1978; and WHEREAS, realizing the importance of finding the owner, they immediately contacted the Roanoke County Police Department which later found the owner of the money; and WHEREAS, Jeremy Ford, Patrick Greer and Jesse Janney should be commended for their honesty, integrity and high moral character by reporting their findings to the Police. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its sincere appreciation to Jeremy Ford, Patrick Greer and Jesse Janney for recognizing the importance of finding the owner of the money and contacting the Roanoke County Police Department; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt pride in the manner in which these young men conducted themselves in this sensitive situation. 1 ~~ On motion of Supervisor Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~~. ~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Resolutions of Appreciation File Ray Lavinder, Chief of Police 2 ~~ I AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000. RESOLUTION OF APPRECIATION TO JEREMY FORD, PATRICK GREER AND JESSE JANNEY FOR THEIR HONESTY AND INTEGRITY IN TURNING IN FOUND MONEY TO THE POLICE DEPARTMENT WHEREAS, Jeremy Ford, age 13, Patrick Greer, age 14, and Jesse Janney, age 14, were target shooting with a BB gun in the woods near Cider Mill Court on April 8, 2000; and WHEREAS, during this activity they came upon two glass jars containing $2,032 in cash and $104.50 in personal checks that were dated in 1978; and WHEREAS, realizing the importance of finding the owner, they immediately contacted the Roanoke County Police Department which later found the owner of the money; and WHEREAS, Jeremy Ford, Patrick Greer and Jesse Janney should be commended for their honesty, integrity and high moral character by reporting their findings to the Police. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby express its sincere appreciation to Jeremy Ford, Patrick Greer and Jesse Janney for recognizing the importance of finding the owner of the money and contacting the Roanoke County Police Department; and FURTHER, BE IT RESOLVED that the Board of Supervisors expresses its heartfelt pride in the manner in which these young men conducted themselves in this sensitive situation. `! S~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-8 GRANTING A SPECIAL USE PERMIT TO CONNELLY MEMORIAL BAPTIST CHURCH TO CONSTRUCT A BUILDING FOR RELIGIOUS ASSEMBLY TO BE LOCATED IN THE 6800 BLOCK OF THIRLANE ROAD (TAXMAPNOS. 37.06-1 -29 AND 37.06-1-35), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Connelly Memorial Baptist Church has filed a petition for a special use permit to construct a building for religious assembly to be located in the 6800 block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. 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 Connelly Memorial Baptist Church to construct a building for religious assembly to be located in the 6800 block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (A) The site shall be developed in substantial conformance with the site plan for Connelly Memorial Baptist Church, dated March 22, 2000, drawn by Roderick F. Pierson. 2. That this ordinance shall be in full force and effect thirty (30) days after its final 1 ~ . r 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 Church to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~~c_ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 `rl . ~s\ 'sue 55. ~°:~ ,° ti ,~ ~ s 5~0. 1ti 2'S~ 'Sg 7 1~9 52. °oR ~~° 49. 53. ~ _ 1~° rn ~' o .~~ j ~~ _a ~,° ~a, ~ti ,y6• ~~O ti 6~ 1 \ 4~ ~ s ~. ~ o 37 s° -- . ~ a ~~ ~ Ao 1 ° ~° ~s 1°0 ~ 44. 32. ~ , 30. ~° Aso ~o ~° A ~ ° 3 3. ° `'moo - ~ - ~ ss s ~ ,`~s ~ 1° ~° 37 ~° c. 34. 6° 1 ~~ ~ . 83 °`'S tie 1° ~ 3s. 38. ..r ~~ G~ `1~ ~ - . ~ 1° ~° 3 wry ° 2°? 39. ~.~o ~~' ~ ~~6 ti \ ~~ 5~, 68(S) ~ ~s ~ 35. - ~° 29. , ~~ o _ ~sJ ~ ~ ` ~ w ~^~ 1, f o 7S/a ~ a 9 ° h ~'~, 28. ~ 0 0 i aJ 4.72 Aa(C) _ S-~ 27.1 ~1 ROANOKE COUNTY Retig~iozcs Assembly (Church) DEPARTMENT OF S~aec-iat Use Permtit COMMUNITY DEVELOPMENT 37.06-1-29, 35 S_i PETITIONER: CONNELLY MEMORIAL BAPTIST CHURCH CASE NUMBER: 08-06/2000 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 A. REQUEST Petition of Connelly Memorial Baptist Church for a Special Use Permit for Religious Assembly, located in the 6800 block Thirlane Road, Catawba Magisterial District. B. CITIZEN COMMENTS One citizen spoke with concerns about the adequacy of Thirlane Road to handle future development. C. SUMMARY OF COMMISSION DISCUSSION The commission discussed location of the structure and parking lot, and stormwater management. The commission commented that this use would serve as a good buffer between the residences on Connie Drive, and more intensive development to the south. D. CONDITIONS 1) The site shall be developed in substantial conformance with the site plan for Connelly Memorial Baptist Church, dated March 22, 2000, drawn by Roderick F. Pierson. E. COMMISSION ACTION(S) Ms. Hooker moved to recommend approval of the petition with one condition. The motion carried with the following roll call vote: AYES: Ross, Witt, Thomason, Hooker, Robinson NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: ~' Concept Plan ~-Vicinity Map ~ Staff Report _ Other Terrance H ringto ecretary Roanok ounty Planning Commission STAFF REPORT PETITIONER: Connelly Nlemorial Baptist Church CASE NUMBER: 8-6/2000 PARTI A. EXECUTIVE SUMMARY PREPARED BY: David Holladay DATE: 6/6/00 S-i This is a request for a Special Use Permit to construct a church. The 2.9-acre site adjoins a residential development and Northside High School. The area is designated Neighborhood Conservation in the 1998 Roanoke County Community Plan. The proposal is consistent with the policies and guidelines of the Community Plan. B. DESCRIPTION Connelly Memorial Baptist Church plans to construct a new 3,600 square foot church building, with a 100-seat sanctuary. A 30-space parking lot is also proposed. The building would be served by public water and a private septic system. The property is located in the 6800 block of Thirlane Road, in the Catawba Magisterial District. C. APPLICABLE REGULATIONS Site development review is required Religious Assembly is allowed by Special Use Permit in the Rl zoning district. Use and design standards in the zoning ordinance require screening and buffering where parking areas and recreational areas adjoin residential land use. A commercial entrance permit is required by the Virginia Department of Transportation. A septic permit is required by the Health Department. PART II A. ANALYSIS OF EXISTING CONDITIONS Topography/Ve etation -The area where the church is proposed is relatively flat. The northeast portion of the property slopes slightly down toward Thirlane Road. The northeast portion of the property appears to have been cleared in the past. Some of the trees on the site have been cut to prepare for the church development. The remaining vegetation consists of a mix of mature and young deciduous trees and shrubs, and some scattered evergreen trees. Surrounding Neighborhood - Northside High School property adjoins to the southwest and is J'~' zoned R2. The petitioners' property, and all other adjoining properties are zoned R1. Homes on Connie Drive adjoin to the northwest. To the northeast, across Thirlane Road, are some single family residences on larger lots. Two new homes on Thirlane Road lie to the southeast. More intense commercial and industrial development exists to the southeast along Thirlane Road. A vacant, 4.7-acre tract adjoins to the south. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture - As shown on the concept plan, the petitioners propose to construct a church and parking lot in the center of the property, with a septic drainfield to the south of the church building. The concept plan shows a 2,800 square foot building. The petitioners indicated that the structure would likely be 90' X 40', or 3,600 square feet. The sanctuary seating capacity will be 100 people. The 30-space parking lot is adequate to meet Roanoke County parking requirements for the proposed sanctuary. Use and design standards in the zoning ordinance require screening and buffering between church parking areas and adjacent residential land uses. The concept plan will require minor adjustment to provide a buffer yard between the northern edge of the parking area and the adjacent residential land use. Access/Traffic Circulation -Access would be via a new driveway entrance as shown on the concept plan. The petitioners have indicated a willingness to donate additional right-of--way for Thirlane Road along their property frontage. The church currently has 60 members, and the planned seating capacity of the sanctuary is 100. According to the petitioners, most of the congregation lives within 6 miles of the property. Traffic on Thirlane Road may increase slightly before and after services and other functions. But no significant traffic impacts are anticipated. Fire & Rescue/Utilities -Fire and Rescue service would continue as presently provided. County water maps indicate a fire hydrant across Thirlane Road from the property. The petitioners plan to connect to public water service. A 12-inch water line is available at Thirlane Road. Sanitary sewer service is available, but only through a 450-foot sewer extension, private easements, and possible pump station. The petitioners have chosen to construct a septic drainfield. G CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated Neighborhood Conservation in the future land use guide of the 1998 Roanoke County Community Plan. Neighborhood institutional centers, such as churches, are encouraged land use types. The 4.7-acre undeveloped tract which adjoins to the south is designated Core in the Community Plan. If the 4.7-acre tract is rezoned in the future and developed for commercial use, the church development would provide a transition of land uses between the Connie Drive neighborhood and more intensive development to the south. 2 .,.,~. i D. CONFORMANCE WITH COUNTY DEVELOPMENT STANDARDS The site has ample space to conform with use and design standards for religious assembly, as well as other county development requirements. Screening and buffer yards will be required between the parking area and adjacent residential land use. ~VDOT approval is pending for the proposed new entrance. PART III A. STAFF CONCLUSIONS The petitioners' request for a Special Use Permit for religious assembly is consistent with the policies and guidelines of the 1998 Roanoke County Community Plan. The site has ample space to conform with all applicable development standards. No negative impacts are anticipated. ~ ^1 ~ ~~° .~~~ ~ ~ - ~~~~~ ~~ ti D ~ r ~ ~~ r~ ~'~ trs t ! •Jel~+w '-~ w a ~~ S ~ ~ ~'i' +~ ~~ ~~ ~~~ F ti ~~w~ w ~, ~~z~ ~ o `J~yy„E~ GNG~ ai ~ ~i ~~~~ s b r s~ w d ~ ear ~ . r ~e ~^ ~ +~+ ~ t s - n r ~ `> ./ k ^ ~b ~ d Y =O u° Y ~ ~ ~, z e ~s 9 ~~ . ~ W_ W nn ~ ~ ~ Z 3 ~a G p p 2 ~ ~ =~h Y o ~ 2~¢ o v~.3 ~ p2 p2 ~ e.m ~ a o A C = = R ~ ~ ~ n. ~ ^ JOI C M7 Z ~ N wl A 1 ~ b r h w ~o ~y ~~~ ~~;,4 ~ ~ ; ~~~~~m ~ oo ~ y~4i:q~ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Religious Assembly (Church) S1aecial Use Permit 37.06-1-29, 35 ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE GRANTING A SPECIAL USE PERMIT TO CONNELLY MEMORIAL BAPTIST CHURCH TO CONSTRUCT A BUILDING FOR RELIGIOUS ASSEMBLY TO BE LOCATED IN THE 6800 BLOCK OF THIRLANE ROAD (TAX MAP NOS. 37.06-1-29 AND 37.06-1-35), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Connelly Memorial Baptist Church has filed a petition for a special use permit to construct a building for religious assembly to be located in the 6800 block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. 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 Connelly Memorial Baptist Church to construct a building for religious assembly to be located in the 6800 block of Thirlane Road (Tax Map Nos. 37.06-1-29 and 37.06-1-35) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2- 2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following condition: (A) The site shall be developed in substantial conformance with the site plan for Connelly Memorial Baptist Church, dated March 22, 2000, drawn by Roderick F. Pierson. 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 U:\WPDOCS\AGENDA\ZONING\connelly memorial baptist.sup.wpd 1 • . , ~ ~ ~~~ 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. U:\WPDOCS\AGENDA\ZONING\connelly memorial baptist.sup.wpd 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 27, 2000 ORDINANCE 062700-9 TO CHANGE THE ZONING CLASSIFICATION OF A 0.891-ACRE TRACT OF REAL ESTATE LOCATED AT 4903 STARKEY ROAD (TAX MAP NO. 87.11-3-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1 WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF NANCY MEYER-BARKER WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the second reading and public hearing were held June 27, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 2000; 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 0.891 acre, as described herein, and located at 4903 Starkey Road (Tax Map Number 87.11-3-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District with conditions, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Nancy Meyer-Barker. 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: (a) The property will be developed in substantial conformity with the concept plan prepared by Craighead & Associates with revised dated 1 r 5/15/00. 4. That said real estate is more fully described as follows: All that certain property containing .89 acre as described in a deed dated September 3, 1999, by and between Jessee Albert Webster and Patricia Ann Joyce Webster, Grantors, to Patricia Ann Joyce Webster, Grantee, of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 1634 at page 1444, and further described as Tax Map No. 87.11-3-1. 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 Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~• Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 2. 1.16 Ac. ~ I• I 29.4 ~ 3. .~ ~ 294.29 III c'i' 4 . ~,~ 2.0o Ac. ~ ROANOKE COUNTY Nancy Meyer Barker DEPARTMENT OF Rezone from I-1 C to C-2 COMMUNITY DEVELOPMENT 87.11-3-1 -' ~0" ~ PETITIONER: NANCY MEYER-BARKER CASE NUMBER: 9-6/2000 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 A. REQUEST To rezone 0.891 acre from I-1 Industrial with conditions to C-2, General Commercial to construct a professional office facility. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt noted his concern that an approval for C-2 would allow a range of unconstrained retail as well as office uses and asked if a second entrance could be constructed from Starkey Road (Determined by VDOT). Mr. Ross asked how many pedestrian entrances are planned for the front of the building (4), and Mr. Robinson inquired as to stormwater management details (underground with possible connection to property on north). D. PROFFERED CONDITIONS 1. The property will be developed in substantial conformity with the concept plan prepared by Craighead & Associates with revised date 5/15/00. E. COMMISSION ACTION(S) Approved on a 5-0 vote with conditions. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: Concept Plan Vicinity Map Staff Report Other ~'+-..~, Terrance H ngton ecretary Roanoke County Planning Commission STAFF REPORT S_,1 PETITIONER: NANCY MEYER-BARKER CASE NUMBER: 9-6/2000 PREPARED BY: TIM BEARD DATE: June 6, 2000 PART I A. EXECUTIVE SUMMARY This is a request by Nancy Meyer-Barker to rezone property located at 4903 Starkey Road from I-1 Industrial with conditions to C-2 General Commercial. The site carries conditions from a 1987 rezoning that limit use and signage and require substantial conformity with a proffered site plan. Ms. Barker is asking for removal of conditions and a rezoning to C-2 in order to construct a professional office building, primarily for the practice of chiropractic medicine. The 0.891 acre tract is designated Transition by the 1998 Community Plan. The site lies in the Cave Spring Community Planning Area and the Cave Spring Magisterial District. B. DESCRIPTION This petition is a request to rezone the subject property from I-1 conditional to C-2 General Commercial in order to construct a professional office facility. The proposed building would contain approximately $,250 square feet and not exceed 28 feet in height. Purchase of the site by the applicant is subject to rezoning. In 1987, the current owner rezoned the tract from B-1 Business to M-1 Manufacturing with the following conditions: 1) The only use permitted will be a veterinary clinic with outside runs. 2) The property will be developed in substantial conformity with the site plan prepared by Hughes Associates, Architects dated July 2, 1987. 3) The sign to be constructed will be no larger than the existing Vinton Veterinary facility sign. C. APPLICABLE REGULATIONS General and medical offices in addition to a wide variety of retail and service related uses are permitted in the C-2 zoning district. No specific use and design standards apply to general office or medical office development. All construction planned for the property will require site plan review for compliance with County site development, stormwater management and building code regulations. VDOT commercial entrance permits are required prior to the issuance of building permits and prior to performing any work in the right-of-way. No sight distance or other site-related problems have been noted by VDOT. PART II A. ANALYSIS OF EXISTING CONDITIONS Location -The subject site Pies on the west side of Starkey Road 0.1 mile south of its intersection with Hunting Hills Drive and 700 feet south of the Dominion Solutions facility. The property is in the Cave Spring Community Planning Area and urban services are available. ~, ~:~~ 2 TopographyNegetation: The lot is generally flat excluding a moderate downslope near its rear (west) end. A dense stand of shrubs and deciduous trees occupy the western quarter of the site in addition to drainage and sanitary sewer easements and an existing sewer line. Currently a Goodwill Donation Center stands near the property's access to Starkey Road. Fill material was placed on-site in the mid-to-late 1980's and meets compaction tests for building construction per the applicant. Surrounding Neighborhood: In addition to the subject property, the adjoining tract to the south is zoned I-1 Industrial and is occupied by a single family dwelling. The I-2 zoned Terry Walters Precision Engines facility stands to the west across Norfolk Southern tracks. An office building has been proposed north of the subject property. A large tract of wooded, C-1 zoned property lies east across Starkey Road. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture: The applicant proposes one single-story office building (maximum 28 feet tall) containing 8,250 square feet to be internally divided into four separate units of 1,875 - 2,250 square feet each. The petitioner intends to provide chiropractic services from one of the office units and lease the other three. The building would occupy the central portion of the site and is projected to have a combination of brick and exterior insulated finish system materials with columns at the center entrance and on each front corner. A metal exterior is planned for the rear two-thirds of each side wall and along the building's rear wall. A 12/4 pitch metal roof is also projected per the applicant's concept sketch. Accessllnternal Circulation: As shown on the Meyer-Barker site layout, access to and from Starkey Road will be achieved via an existing 30-foot concrete apron at the northeast corner of the property constructed during VDOT's widening of this segment of Starkey Road several years ago. All parking will be provided in front of the proposed building - a minimum of 32 paved spaces are required per office standards. Parking space dimensions and traffic aisles indicated meet ordinance standards. Traffic Generation: Average weekday vehicle trip-ends for this proposal are estimated at 200-250 per day. 1997 AADT for the segment of Starkey Road between Hunting Hills Drive and Benois Road was 13,000 vehicles. In 1999, no accidents were reported on this 0.22 mile stretch of road. Two accidents were reported on the 0.63 mile segment of Starkey Road between Penn Forest Boulevard and Terminal Road during 1999. Fire & Rescue/Utilities: Emergency vehicle travel time is within acceptable limits (less than four minutes) with the Cave Spring Fire and Rescue Squads as the primary response units. Public water (a combination of 8" and 12" lines under Starkey Road) and sewer (an existing line crosses near the rear of the subject property and continues along the north boundary) are available and the developer will be required to connect to these services. Stormwater management for this project will be provided by a detention area under the proposed parking area. Parking/Landscaping/Amenities: Proposed parking is adequate at 35 spaces as shown (ordinance calls for seven spaces per practitioner or one space per 200 square feet of building, whichever is greater) for general or medical office uses. Only a limited amount of screening and buffering along Starkey Road frontage, for interior parking areas and for mechanical equipment is required per ordinance (site is not bordered by any less intensive zoning districts). Staff suggests that the applicant maintain as much existing perimeter vegetation as possible. ~~ 3 C. CONFORMANCE WITH THE COMMUNITY PLAN The subject site is designated Transition by the 1998 Community Plan. Orderly development of highway frontage parcels is encouraged. Transition locations often serve as developed buffers between highways and nearby or adjoining lower intensity development. Office, institutional and small-scale coordinated retail uses are most suited to Transition areas. A high degree of architectural design and environmentally sensitive site design is encouraged. At this point in time, the proposal generally meets Transition category objectives, but could benefit from close adherence to the following design guidelines (particularly in regard to development of adjacent property): 1) Parking lot interconnection and reducing the number of driveways; 2) Coordinated vehicular and pedestrian movement; 3) Incorporation of the site's natural resources into design (i.e. views from site, drainageways); 4) Insuring that exterior lighting and signs become integral architectural elements of the building -where possible, the use of shared signs for adjoining businesses; 5) Insuring unified landscape design through the use of indigenous plants and buffering adjoining incompatible uses with appropriate landscaping; D. CONFORMANCE WITH COUNTY DEVELOPMENT STANDARDS The petitioner's request generally complies with the zoning ordinance. Site and building plan, erosion and sediment control and stormwater management plan approval is required. With only limited aesthetics required per ordinance, the project would benefit considerably by incorporating as many of the innovative guidelines noted above under Community Plan conformance as possible. PART I I I STAFF CONCLUSIONS The applicant's request to construct professional offices is consistent with the Transition designation of the Roanoke County Community Plan and with C-2 zoning district provisions. Ms. Meyer-Barker and Jeffrey Barker currently operate the Barker Chiropractic Sports & Family Clinic in leased space located near the property proposed for rezoning in this petition. The Barker proposal would allow them to own and operate their own facility. However, in addition to professional offices planned for the proposed building, the complete listing of by-right C-2 uses could occur on the property. Minor traffic and land use impacts may be expected under an office development scenario. For staff use only COUNTY OF R0AIV0KE DEPT. OF PLANNING AND ZONING 5204 Bernard Dr. P.O. Box 29800 Roanoke, VA 240'18 ~~ ( 540` 772-2068 FAX (540) 772=2108 date re e~ a .- ceived b applieat' PC/BZA date: placarcJ~s issued ~ ~ BCS date: g Case Number: r.,, / - ' Check type of application filed {check all that apply}: REZONING ^ SPECIAL USE ^VARIANCE Applicant's name: I~IGtv~ ~ ~eYC'.V'-Uc~~r~~~s^ Phone: SYD~77t/-gZ/Z Address: ~ZZa ~S ~wt c>n~' ~''. l~oa-Yt t7~2, VA ~-'- Zip Code: ~~Q! r Owner's name: ~oL~v~iGCt /~- VJf=~S~"~,v- / Phone: Address: Zip Cade: Location of property: y~c> S~i~-Y~.a? (~c~- Tax Map Number: ~-7, { (- ~-- j .Stag ~~"~~ ~J~a- $~r~ ~'~~ ~u~ Magisterial District: L'c1 V ~ ,j r-~~vi ~~~ ~.WQ~C~.. c,(tt~l Community Planning Area: ~;~~~~ S~rir,c~ Size of parcel {s): Ex/fisting Zoning: -~ " ~ c ' . ~~ ( acres Existing Land Use: ~AC-c~,~,~.~' sq.ft. Proposed Zoning: G'-Z For Staff Use Oniy Proposed Land Use: ~~-~~~s~i^ca..,~. ~~c~-~{~2`~ use Type: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES ~_ NO IF N0, A VARIANCE IS REQUIRED FIRST. Does the parce( meet the minimum criteria for the requested Use Type? YES X NO IF N0, A VARIANCE IS REQUIRED FIRST. ff rezoning request, are conditions being proffered 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. Rrs Ctrs v ws v Consultation 8 1 l2" x 1 1 " concept plan Application fee Application ""~~ Metes and bounds description +~/A ~-?.:- Proffers, if applicable <_;3;s Justification ~`~~~ Water and sewer application Adjoining property owners l hereby certify that i am either the owner of the property or the owner's agent or contract purchaser and am acting with the knowledge and consent of the owner. Owner's Signature; .~. For Staff Use Only: Case Number .~: ~ ~~ . J Y•F~i~tl? i~X E:IlY:~C!~;~C:,~1 l~ I t Y 'lI'~.,31 ~,.~,, ~i..r1;.P! 5~.,.t»?...i.:.,,F,~~ :...:...:......~...-.............~:~:.:.:.:~:.:~:.:.:::::::.;:::::::..:: Applicant /~~~y'~ Me~~-'" 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 welfare. Please answer the follotiving questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Qrdinance (Section 30-3) as well as the purpose found at the beginning of the applicable zoning district classification in the zoning ordinance. ~-~ '~ 1 /~'1-i` s r~e.~.~-~-~ ~~-z~~ f cti~~~../ ~~(?. (,gyp ~.c~n~ ~ ~^,9rc~,. c'(~ _~~~ r~~, ~21 Gt7-tti ~~ ~ ~ u . ~,~V V ~ ~~ ~ bl~.i( rf'~O V ~ ~~,-°- t~'~ l y"c~~~~ u-- `~t,•vl,~~C~'M..~i~l~ // '''J .1 1' f j ~' eivti2 ~.~._. ~: lam. J l~ ~ %~jC; ~IJ~>~-~- P !`~~: v' fGvZa-~vt~'sv~a ~ ~=ei'~t. J'hze~G C~v' ~~! e~il~~~~ ~ z ~~ ;~~ i' ~ '~'v- ~ ~~ 071/1 -t' U~L'ilf.1_,~~l w~a/~ (~.i.~~ ~'J V ..i~~ ~~„~~''. ('7 ~ `' / ~~' .~ c~ d'2/L~~ eu~ ~ ~z~~ c,~~ U y ~ / .~r^ ~'~-~ f?~i G~/~ C'.c:"Zi~-~- J/L(U I ~t,J ~' ~ ~ i C:~{;1;7 0 ~ lt<~-~n C~- ~~ 1z~' f-'~-'~ `~' ' Please explain how the project conforms to the general guidelines and policies contained in the Rcanoke County Comprehensive Plan. ~~ _ (,~ ~~C;.sr~,,° E~.~~ ~,~-~~ 1~~' Z~,,-~2,~ 3-~Zrz-~,e;~~ C,r.,~ ~-{... wi zn~ ~; ~ 1 c~,~ tv(~.: 1,~--k~ ~ ~ ~, ~`Z;' ~;,' O sQ ~ C%~~'..~1,:~,. ~.C: ~11n2Q,'t~/~ C,~,rv"vt.'~~ ~~. ~ti >~ ~-'~'! Eair~i.Lt,-z-~ C.'~~v ~ ~ ~ 1 ~ { ~C7 `v S ~~~°t~v~ Please describe the impact(s) of the request on the property itself, the adjoining properies, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. ~'O i.C~~ f ~.~f >~i'3-~-(~ C;.,~~.rJ~}~'In~L~v~~ C,~t`~°Lti..~'~~.- v~~i'~1~ (,~1,~ G1~^2~~"a-~.% ~b' U ~ _(.,~ '~~ ~- I a J ~` G~1,/1 t'~.-~-C~ ~~ C~ ~~ j ~^~. C%v >~~`~P`^ F•,i(- -~ Y2. Ci? ~ ~ ~'~' ~'l. ~'v.~ C.~ . ~-~'~ ~ t f~ORnED gEZONI~C~ LaYovr for N.I.. MEY~1Z a ~~ ~P~ ~ . ~~ ~~ ~ ` ~ l0 ~ .5 . 'r=te-~~` - I 1 ~` ~' 1 ,_ ~ _"Y'~ _ EX~Jf'•~IL~.1~ I.111~c ~ , ~jCISr (Ot ~ t~FZare~Yc. -r „__` `` t ' r ~Y,.,r g~>, N~ a ~E~~OL~ 1. ~~1 E 4~. ~,~I rJb III ~0 z gxt¢~ {to r i ~' ~D(~~~ 8?Sa 5.1". i3v~rnr~ri i I r I 24'? y~`'~ ~ I i~ ~k-- T .: ~ P.~RKrF+b ~v. ~qn 32 i~cvl p. 3~' . ' 1 a~~...._._.. ._._. . ~• cb~r c~.yz ~G~ ~~. ~~ ' va ~ ~ 9aa ~~g£(7 SITS.. '~Lwd1~ Nare: R~ 5fP5 jer~ gta>zu~c >yY v~o•'pr pw6. ~, ~"~ I~ .~ t7Lt/~t.~~-~zg I..G, .. l"a~c~ 81D___ 7-4 d~ N 2o>J r~c~ G -Z ' ~ - log S.5 .~si=J~~'j" f. ~t~ ~~ f 0 3a ao IS . 4S G~,PNt~ sc-d'.~ CRAIGHEAD ASSOCIATES Atehi4eLS, De,ig~ma, Construction Mamgers RAYMOND L. CRAIGHEAD ARCFItTECT ~~ ~~ r~dy-1~-~~ ~.~: lar CRAIGH~.AD ~ CIAT~a A55o Architects. Designers, Construction Managers ' t 1 ~f7 1 ~~ .I .~~~ ~~. P_02 ~-a ~~..k~ . µ~~'. ~~ l ~ P , .-~~ ~~~.- Yr---e - 12AY t'RAICI tF.l~h, ARCI ICfE("1' 27'L l I)ltAMf~LI~: t'nN AVF.NUf;, S.W, f .O. L+C>X 46R2 1zC~ANUKF.. VA. 24015 (54n) 774 5~2 , ~M 1 7 2 ~ ~~'' NOR /1 V ~ O W (~ i !^V ~/ 25.7. 2 . ,,.~ 1.16 Ac. r+- O ~P 294 0 ~ ~ 3. , ~ 294.29 ~ 4 ~ . N 2.00 Ac. ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Nancy Meyer Barker Rezone from I-1 C to C-2 87.11-3-1 ~~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 27, 2000 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 0.891-ACRE TRACT OF REAL ESTATE LOCATED AT 4903 STARKEY ROAD (TAX MAP NO. 87.11-3-1) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF I-1 WITH CONDITIONS TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF NANCY MEYER-BARKER WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the second reading and public hearing were held June 27, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 2000; 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: That the zoning classification of a certain tract of real estate containing 0.891 acre, as described herein, and located at 4903 Starkey Road (Tax Map Number 87.11-3-1) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of I-1, Industrial District with conditions, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of Nancy Meyer-Barker. 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: (a) The property will be developed in substantial conformity with the concept plan prepared by Craighead & Associates with revised dated 5/15/00. 4. That said real estate is more fully described as follows: All that certain property containing .89 acre as described in a deed dated September 3, 1999, by and between Jessee Albert Webster and Patricia Ann Joyce Webster, Grantors, to Patricia Ann Joyce Webster, Grantee, of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 1634 at page 1444, and U:\WPDOCS\AGENDA\ZONING\nancy meyer-barker.rzn.frm 5-~- further described as Tax Map No. 87.11-3-1. 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. U:\WPDOCS\AGENDA\ZONING\nancy meyer-barker.rzn.frm 2 ~.. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 27, 2000 ORDINANCE 062700-10 TO CHANGE THE ZONING CLASSIFICATION OF A 2.9-ACRE TRACT OF REAL ESTATE LOCATED IN THE CLEARBROOK COMMUNITY (TAX MAP NOS. 88.03-1-30, 31, 32, 33, AND 34) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AV TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF JAMES WALKER WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the second reading and public hearing were held June 27, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 2000; 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 2.9 acres, as described herein, and located in the Clearbrook Community (Tax Map Numbers 88.03-1-30, 31, 32, 33, and 34) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AV, Agricultural Village District, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of James Walker. 3. That the owners of the property have voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) A. Access to Stable Road will be controlled by a gate, chain or 1 similar mechanism. B. The exit from the site onto Stable Road shall be designed to allow only right hand turns. (2) Exterior lighting fixtures shall be designed so as to shine down to the surface and not extend onto the property of adjacent owners. (3) The freestanding sign shall be a monument style sign. (4) Except for the Land Rover column, no building on the property shall be higher than 45 feet. (5) Landscaping in the required 10' buffer along Stable Road shall include evergreen trees or shrubs so as to provide year-round screening, in addition to deciduous planting. (6) The property shall be developed as an "automobile dealership, new." 4. That said real estate is more fully described as follows: All that property described as Tract One containing .5 acre, Tract Two containing 0.289 acre, Tract Three -Parcel No. 1 containing 1.0 acre, Tract Three -Parcel No. 2 containing 0.086 acre, and Tract Four containing 0.993 acre conveyed by deed of gift dated April 22, 1987, by and between John S. Brooks, Jr. and Ruth E. Brooks, Grantors, and Coleen B. Carter, Ronald S. Brooks, and Carol B. Lester, Grantees. Said deed of gift of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 1272 at page 1107. This property is also known as Tax Map Nos. 88.03-1-30, 31, 32, 33, and 34. 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. 2 On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~. ~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 .~-3 ---- -J sosa ' = - ~~ ~ ~ 127.35 ~ ~5 0 18.-' 1 Motel ~ 2 _ .a i.,+ 2~1 21. °x,06 ~e 17. 29 . `° _ 5dao a+ 1.01 Ac. ~' 3.69 Ac. o ~g 45 2p 19. ~ s 2 tll '-~ `~ > ~s o2' ~ ~ 20 . ~ NO T~` ~,~ ~~ ~, ~ oo R~ 1. ~ ~ ~ 255~s~ ~~ls .34 Ac. 5435 '~ ,s~~^d ~1~gj.~~ w • a 5443 2. 3~ ~.~ ~ 1.12 Ac. ~ o ~..) s4 ~, ~~~ 31' W; ~ s{ ~r ~, 0 6~ .~ .~d3r ~O ~ ~ 1 b~ 3 . 'R~ , ,.0551 ~ '3 3 1.00 Ac. ~ ,.. '~ °..t,`.6 Ac(p) 5 ~ ~"0:73 ~ Ac: ~C ~ ~ __ .5 ~, 293 44.~~ -4. t ~~~ .47 , 254 ~ ~1 .2 '~ 5 0 9 2 3-~ ~ c ..ds3 ., ~'~ -o s' 5. 1.99 Ac. ~,., 2~~,0$ N~ ~ 35. N 293'2 ~`~ ~ ~_._ 6 • ~s ~ ~ J' ~2 ~ .~r?94 ~ 68.2 60 38.88 ~S 34.11 5rS3 .~~ ~1 3•a Isis ~2, x T vim- 3494 3452 $~ 5. 6a '8 2 _~ 3498 4. - `° 145:3 °' ~ 34..4 ~o ~. ~2s 4.45 Ac. 1. .sr4~ \ ~ ~ 1.99 Ac. ROANOKE COUNTY Jame3 R. fYalker DEPARTMENT OF Rezone from AV to C-2 COM.MUN~TY DEVELOPMENT 88.03-1-30, 31, 32, 33, 34 ~.` ACTION NO. ITEM NUMBER ~y~~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: June 27, 2000 AGENDA ITEM: Second reading of ordinance to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Road, Cave Spring Magisterial District, upon the petition of James R. Walker COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. Mr. Walker has done an outstanding job of presenting his case and in working with the community. This was very well receive by the citizens in the area and by the Planning Commission. His dealership will be a nice anchor for development in the Clearbrook area. Elmer C. Hodge "-' County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church - - Denied () Johnson - Received () McNamara- - Referred () Minnix - - To () Nickens PETITIONER: JAMES WALKER .3'° ~' CASE NUMBER: 10-6/2000 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 A. REQUEST To rezone 2.9 acres from AV, Agricultural Village to C-2, General Commercial to construct a Land Rover dealership. B. CITIZEN COMMENTS Mr. Wray commented that this proposal is consistent with the Visioning document and the 1998 Community Plan for the Clearbrook community. Mr. Campbell expressed concern about truck traffic on Stable Road, the location of the test track and the amount of parking provided on the conceptual plan. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt expressed his opinion that this would be a high quality, low traffic volume use for this site along Route 220. He requested that the monument sign not be backlit. D. PROFFERED CONDITIONS 1. A. Access to Stable Road will be controlled by a gate, chain or similar mechanism. B. The exit from the site onto Stable Road shall be designed to allow only right hand turns. 2. Exterior lighting fixtures shall be designed so as to shine down to the surface and not extend onto the property of adjacent owners. 3. The freestanding sign shall be a monument style sign. 4. Except for the Land Rover column, no building on the property shall be higher than 45 feet. 5. Landscaping in the required 10' buffer along Stable Road shall include evergreen trees or shrubs so as to provide year-round screening, in addition to deciduous planting. 6. The property shall be developed as an "automobile dealership, new". E. COMMISSION ACTION(S) Mr. Witt moved to recommend approval of the petition with conditions. The motion carried with the following roll call vote: AYES: Ross, Witt, Thomason, Hooker, Robinson NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. • ~ ~~ G. ~ ATTACHMENTS: ._,_ Concept Plan ~ Vicinity Map ~`~,. ~~ Staff Report ~ Other Terranc arrington, Secretary Roanoke County Planning Commission .~ STAFF REPORT Case Number: 10-6/2000 Applicant: James Walker Prepared by: Janet Scheid Date: June 6, 2000 PART A. EXECUTIVE SUMMARY This petition, to rezone 2.9 acres from AV, Agricultural Village to C-2, General Commercial, to construct a Land Rover dealership in the Clearbrook community affords the opportunity for high quality development in this growing area of the County. This specific type of new car dealership will generate a relatively low traffic volume and due to its small scale and impacts will not be inconsistent with the rural residential neighborhood surrounding it. No negative impacts on the Blue Ridge Parkway are anticipated. The proposal is consistent with the Core designation of the Community Plan. B. DESCRIPTION OF PETITION Petitioner proposes to build a 3,800 square foot Land Rover dealership. This comercial facility would sell both new and used Land Rover vehicles and other trade-in vehicles. Expected inventory is approximately 12 new vehicles and 12 used vehicles on site at any one time. Service and repairs would be provided on site for Land Rover vehicles only. In addition to parking, the site would also include a small "test track" to highlight the vehicle's off-road capabilities. This proposal is in the Clearbrook Community Planning Area, Cave Spring Magisterial District. C. APPLICABLE REGULATIONS 1. Site Plan review will be required. 2. Commercial entrance permit from the Virginia Department of Transportation will be required for both Rt. 220 and Rt. 766 (Stable Road). 3. The C-2, General Commercial zoning district allows a wide range of commercial and service related uses. In addition to the site development regulations, additional use and design standards include the following: A. Outdoor display areas shall be constructed of the same materials 1 S-3 required for off-street parking areas. B. A 10-foot planting strip is required adjacent to any public street right- of-way. No storage and/or display of motor vehicles is allowed in this planting strip. C. Exterior display or storage of new or used automobile parts is prohibited. D. Body and fender repair services are permitted provided specific requirements, listed in Sec. 30-85-3 of the Roanoke County zoning ordinance, are met. 2 J "` PART II A. ANALYSIS OF EXISTING CONDITIONS Description and Location of Property -The property consists of five parcels totaling approximately 2.9 acres. Four parcels are vacant. The parcel in the northeast corner currently has a house and accessory building on it. The total acreage has approximately 450 feet of frontage on Franklin Road, Rt. 220 and approximately 430 feet of frontage on Stable Road (Rt. 766). This property does not appear to be in the floodplain. The floodplain extends to the southern border of this property. B. ANALYSIS OF PROPOSED DEVELOPMENT 1. Use -Petitioner proposes to construct a Land Rover dealership. The proposed building would be approximately 3,800 square feet. The prototypical Land Rover Center is built with high, cathedral ceilings. This main portion of the building, excluding the Land Rover column, will not exceed 45 feet in height. The existing house and accessory building will be removed. Information provided by the petitioner and found on the Internet indicate that Land Rover dealerships do not look like typical automobile dealerships either on the inside or the outside. Their inventory is considerably smaller than most dealerships so there is not the need for excessive display parking areas. The interior of the Land Rover Center is typically designed to reflect local character. The interior, including the beamed ceiling, is finished in wood and often includes a fireplace, display areas for local artifacts and a small retail component where Land Rover merchandise is sold. Petitioner has stated that inventory would typically include approximately 12 new Land Rover vehicles and approximately 6 used Land Rovers. In addition, there would typically be approximately 6 other trade-in vehicles on-site for sale. Typically these are other high end vehicles such as BMWs, Mercedes and Volvos. Petitioner has stated that he expects to sell 6 new Land Rovers a month and expects a maximum of three delivery trucks per month. Petitioner has stated that hours of operation will be gam to 7pm Monday through Friday during winter months, gam to 8pm Monday through Friday during summer months and gam to 5pm on Saturdays. He expects to employ 12-15 people including sales representatives and service personnel. ~~~ Approximately 60 parking spaces will be provided on this site. The majority of parking is situated to either side of the proposed building. Included in all Land Rover dealership site designs is a "test track" used for potential customers to test the 4-wheel drive capabilities of the vehicles. A "test track" designer constructs a small, very slow speed (5 mph) track that allows customers to climb rock hills and demonstrate the vehicles unique characteristics. Petitioner has stated that there will be minimal 24-hour lighting on this site for security reasons. All lighting will be downlit. 2. Access to Site -Primary access is currently shown on the concept plan from Rt. 220 adjacent to the existing median cut. This access drive is shown approximately 70 feet north of the southern property boundary. The Virginia Department of Transportation has commented that the 450' feet of sight distance at this site is not adequate for the 45 mph design speed on Rt. 220. In addition, they have commented that the median cut at this location is too close to the next median cut and increased use of the existing median is not desired. The site distance concern can be addressed by clearing and maintaining vegetation that is in the VDOT right-of-way. This would provide adequate visibility to the south. There is no other impediment to visibility. Two options have been discussed with VDOT to address the concern regarding the existing median crossing. One option is to require left-turn lanes for this site and the motel across Rt. 220 (Apple Valley Motel) plus aright-turn lane into the new dealership site. Each turn lane would consist of a 200 foot taper and the decel lane would also be 200 feet. The second option would be to close this existing median crossing and require traffic to both the new auto dealership and Apple Valley Motel to plan their route of travel to arrive from the appropriate direction or in the case of the dealership to turn onto Rt. 766 (Stable Road) and enter the site from the back. This option is not disagreeable to the petitioner because it is expected that the majority of his traffic will be destination traffic as opposed to impulse traffic. Conversely, this second option would in all liklihood not be desirable to the motel owner since traffic arriving from the south would have a circuitous route to travel to access his site. Petitioner proposes that delivery trucks would enter the site from Rt. 220 and exit, via a controlled, gated driveway onto Stable Road going south. This exit is to be designed in such a way to prohibit left hand (north bound) turns onto Stable Road. 3. Traffic Count - Current traffic count on Rt. 220 is 24,000 vehicles per day. Stable Road has a count of 138 vehicles per day. Traffic generation estimates for this use will be available at your public hearing. 4 .r9 "' ../ 4. Public Services -Neither public water or sewer are currently available to this site but both are in close proximity. 5. Environmental Issues - The site is not visible from the Blue Ridge Parkway. A 45' tall building on the site may be peripherally visible from the Parkway for a short period of time. 6. Amenities - Land Rover has a reputation for designing sites that are high quality in terms of both exterior and interior amenities. 7. Signage -The freestanding monument style sign on the property will be backlit. In addition, the Land Rover column will have lettering on it spelling out Land Rover Center and the location. The Land Rover column will be evaluated during site plan review to determine whether is qualifies as a sign or is considered an architectural feature of the building. 8. Community Meetina - A community meeting was held on May 16, 2000. Approximately 60 citizens attended. The petitioner was asked questions concerning truck traffic and the use of Stable Road. Many residents of Stable Road do not want delivery trucks exiting this site going northbound on Stable Road. Petitioner agreed to control the truck traffic and prohibit northbound turns onto Stable Road. Residents requested that lighting be controlled so that it did not overflow onto their properties. Petitioner agreed to design the site lighting so that all lighting was downlit and to minimize, to the extent possible, 24-hour lighting. Although these concerns were expressed by residents, it appeared that the majority of citizens in attendance appeared to favor the proposed development. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The Roanoke County Land Use Plan and Community Plan designate this site as Core. The petitioners proposal is consistent with this designation. It is located on a Rural Arterial road within close proximity to the population center. Urban services such as fire and rescue and water and sewer are currently available or can conveniently be made available to this site. During the Community Plan process the residents of Clearbrook expressed the desire to have development in their neighborhood centered around a "village" concept. The development and re-development of the petitioner's site could become the model that other developments will follow regarding quality of site design and quality of building architecture and character. The Rt. 220 South corridor has received considerable development attention over the last year. Staff, with assistance from community leaders and residents, is currently undertaking a comprehensive master planning process for this corridor. 5 S-3 Although this proposal is ahead of the schedule for that master planning process, this site will be included in that process when considering access issues and traffic flow. PART I I I STAFF CONCLUSIONS Petitioner has offered the following proffers: 1. A. Access to Stable Road will be controlled by a gate, chain or similar mechanism B. The exit from the site onto Stable Road shall be designed to allow only right hand turns. 2. Exterior lighting fixtures shall be designed so as to shine down to the surface and not extend onto the property of adjacent owners. 3. The freestanding sign shall be a monument style sign. 4. Except for the Land Rover column, no building on the property shall be higher than 45 feet. 5. Landscaping in the required 10' buffer along Stable Road shall include evergreen trees or shrubs so as to provide year-round screening, in addition to deciduous planting. 6. The property shall be developed as an "automobile dealership, new". PREPARED BY: JANET SCHEID DATE PREPARED: June 1, 2000 6 7~ - r . ~ .,~pE 3 .:gage 3~8~~~" '~}' ~t~~ ~ ~ '.. W ~ ~ ~ ~ ~ z g i Yi a~ 'j~ 6~o,{{2S25 D3iR 9f.: ~~ ~„hF ~ ~r C..I/,/~ ...1 _ '~-y ~ 33 F '~" ~: ~ ~ e Via:, :_ ~: ~ ~a " ~ rz~~ ~ _ -- - - ^~- i - _-_ -' '~ 4 _ 1 _ ~. __ _~ I p yy33 ___ i ~ ' ~~ O )s i j '° g I 79 ~~, I ° r ~ Cam,-_ ____ ; ~ _. ~~~~ - . . ~ ~ I - -` _ -_ _>. . , ,. ' ---- a y ---__-------~ -..L . ` ~\ 4 ~ I " .~1 I g / _-_~ I ~ _ `, ~ .~ ,~~ ~ ~ ~,~ ` \ ~ ~~ r `\ / \? ~ \ ~\ ~ / ~ / ~, ~ __ - b ~_ ~ ~' ~~ ~~ ~•:.~ ~~i ___~~~ ~\~~ ~ ~\ a ~ ° pin` \ ~`~ ~ ~ ~ '~ ~ ~a"s~ ~ I ~ ~ ~ ~ ~ r d ` `\ ~`\\\\ \ S ~J ~. -- ~-- % -.~ ~ _ _ p \ I \' } I i ~\ ''' ` / \ \ 1 i ~ / / /l f r I \ ~ / ~ ~ 'I ~ ` yy ' ' I r d ~` I uot0~ ~ ~ I t I i / ~ q gpq 1 ~ / ~'< / ~ ~ 5~ ~ I I 1 Ir 1 I \ II4~/ /. ' i / t ~ w I gg f 'G ``f ' ¢ i r / r I /// ~ •noc o/ i ~ ~/' / _ '~ 1 ~ r^ I - 4` ° ~- may' / ~ ~~l' ",: 1 // ~ ( / G~y~y ~---~- -(/ / / / ~~r - r i/ _ . `~ I 1 .34 Ac. 5035 5a~s ~3 \ ~~ ~~. '~ 1.12 Ac. 5u~5r' ,~ `Q 3. 1.00 Ac. 293.55 44.74 - 4.47 2g5.2~ 50E3 5. 1.99 Ac. w o h 1~ v- oi ro ui ~o 0 ~~ F'i -~ 5t7E8 "= ~ ~ .. ~ ~ 127.35 ~ ~ 5 0 18.E 1 ~ 4~ ~ - G+ 1 22. ~ 2~1 2 ~ . ~~ 1p6.45 ~ 1 ~ . rn . 29. _ 8050 ~, 1.01 Ac. -P 3.69 Ac. 0 2~9 45 2p 19 • ~ s ~ 2 0 . °~ NO ~'H 255t5~ ~1 ~ 5~~r Sl~~ln~ ",;165 ~\ ,i5oC ~ g4.5 3 ~ . N l\O .^... cJ W r ~ - ~ 165 ~ ~' ~ , pg`S~ (~ 33. 1.6 Ac.(D) ~ OJ3 Ac.(C) ,~ 2~4 ~ 5 3 4 . o'. ~o s 201 ~a ~ Zy~'• ~. 47.2 - .~ 38.88 2_:~ J ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT dames R. Walker Rezone from AV to C-2 88.03-1-30, 31, 32, 33, 34 I, ~ - ~ s 3 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, JUNE 27, 2000 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 2.9- ACRE TRACT OF REAL ESTATE LOCATED IN THE CLEARBROOK COMMUNITY (TAX MAP NOS. 88.03-1-30, 31, 32, 33, AND 34) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AV TO THE ZONING CLASSIFICATION OF C-2 WITH CONDITIONS UPON THE APPLICATION OF JAMES WALKER WHEREAS, the first reading of this ordinance was held on May 23, 2000, and the second reading and public hearing were held June 27, 2000; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on June 6, 2000; 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 2.9 acres, as described herein, and located in the Clearbrook Community (Tax Map Numbers 88.03-1-30, 31, 32, 33, and 34) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of AV, Agricultural Village District, to the zoning classification of C-2, General Commercial District with conditions. 2. That this action is taken upon the application of James Walker. 3. That the owners of the property have voluntarily proffered in writing the following conditions which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) A. Access to Stable Road will be controlled by a gate, chain or similar mechanism. B. The exit from the site onto Stable Road shall be designed to allow only right hand turns. U:\WPDOCS\AGENDA\ZONING\land rover.rzn.frm 1 ~~ (2) Exterior lighting fixtures shall be designed so as to shine down to the surface and not extend onto the property of adjacent owners. (3) The freestanding sign shall be a monument style sign. (4) Except for the Land Rover column, no building on the property shall be higher than 45 feet. (5) Landscaping in the required 10' buffer along Stable Road shall include evergreen trees or shrubs so as to provide year-round screening, in addition to deciduous planting. (6) The property shall be developed as an "automobile dealership, new." 4. That said real estate is more fully described as follows: All that property described as Tract One containing .5 acre, Tract Two containing 0.289 acre, Tract Three -Parcel No. 1 containing 1.0 acre, Tract Three -Parcel No. 2 containing 0.086 acre, and Tract Four containing 0.993 acre conveyed by deed of gift dated April 22, 1987, by and between John S. Brooks, ]r. and Ruth E. Brooks, Grantors, and Coleen B. Carter, Ronald S. Brooks, and Carol B. Lester, Grantees. Said deed of gift of record in the Roanoke County Circuit Court Clerk's Office in Deed Book 1272 at page 1107. This property is also known as Tax Map Nos. 88.03-1-30, 31, 32, 33, and 34. 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. U:\WPDOCS\AGENDA\ZONING\land rover.rzn.frm 2 o~ aoaN ,~~` '~~ _- o Z v a 1 38 AGENDA ITEM NO. 'S APPEARANCE REQUEST PUBLIC BEARING -ORDINANCE _ CITIZEN COMMENTS SUBJECT: `--°~ ^ ~ ~OVe-~ 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 TD THE LECTERN, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD. /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her 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. ^ 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 to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: m ~ ~e W ~ ADDRESS: SG Sc~ \ PHONE: q ~Q' $ d .~"6' w .~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-11 GRANTING A SPECIAL USE PERMIT TO VALLEY COMMUNICATIONS TO ALLOW THE PLACEMENT OF A 120- FOOT LATTICE COMMUNICATIONS TOWER TO BE LOCATED ON PROPERTY OFF ROUTE 311 (CATAWBA VALLEY DRIVE) AND ROUTE 794 (SYCAMORE DRIVE) (TAX MAP NO. 25.00-1-21), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Valley Communications has filed a petition for a special use permit to allow the placement of a 120-foot lattice communications tower to be located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-1-21) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. 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 Valley Communications to allow the placement of a 120-foot lattice communications tower to be located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-1-21) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following 1 1 conditions: (a) The height of the proposed lattice tower, excluding any antenna attached to the tower shall not exceed 120 feet above grade. Any extension of the proposed tower shall require a special use permit. (b) The lattice tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. (c) The tower structure comprised of the pressure treated telephone poles shall not exceed 40 feet in height. (d) No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on-site, at a height not to exceed 25 feet. (e) 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. (f) The location of the electric service transmission lines shall follow the path of the existing roadway in order to minimize loss of tree coverage. (g) The location of the tower structure and related equipment shall be as shown on the undated plan included with the application entitled "Concept Plan, Valley Communications Site, Brushy Mountain, Roanoke County, Virginia" dated 4/21/2000, as prepared by Engineering Concepts. 2 (h) The tower shall have whip antennae only. 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 Church to adopt the ordinance with Condition (a) amended that any antenna attached to the tower shall not exceed 120 feet above grade, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~- Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 PETITIONER: VALLEY COMMUNICATIONS CASE NUMBER: 11-6/2000 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 A. REQUEST Petition of Valley Communications for a Special Use Permit on a portion of a 127 acre parcel, to allow the placement of a 140 foot lattice communications tower. The property is located off Route 311, Catawba Valley Drive, and Route 794, Sycamore Drive, in the Catawba Magisterial District. B. CITIZEN COMMENTS Mr. Hugh Scruggs, who lives on Carvins Cove Road, stated that he looks directly upon this area and the tower violates the rural beauty. Mr. Dave Hatchett, also on Carvins Cove Road, stated that the tower would have a tremendous visual impact on the Carvins Cove valley. He would have concerns if the road was widened, with regards to sediment runoff during wet times. C. SUMMARY OF COMMISSION DISCUSSION The Commission discussed the technology, line of sight, needs for the communications system for Valley Communications. The Commission asked Mr. Cronk if the dragging of the telephone poles would create new scaring on the mountain, to which Mr. Cronk replied that the poles would be dragged along the existing road bed. There was discussion about the needed height of the tower, and several Commissioners wondered if the height could be lowered. The applicant replied that the height was required to get the number of antennas above the tree canopy (with optimal separation). The Commission agreed that the type of service offered; two-way communications, is necessary, but the height of the tower was unacceptable. The applicant stated that he might be able to drop the tower to 120 feet. D. CONDITIONS 1. The height of the proposed lattice tower, excluding any antenna attached to the tower shall not exceed 140 feet above grade. Any extension of the proposed tower shall require a Special Use Permit. The lattice tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. 3. The tower structure comprised of the pressure treated telephone poles shall not exceed 40 feet in height. 4. No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on site, at a height not to exceed 25 feet. 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. The location of the electric service transmission lines shall follow the path of the existing roadway in order to minimize loss of tree coverage. The location of the tower structure and related equipment shall be as shown on the undated plan included with the application entitled "Concept Plan, Valley Communications Site, Brushy Mountain, Roanoke County, Virginia" dates 4-21-2000, as prepared by Engineering Concepts. 8. The tower shall have whip antennae only. E. COMMISSION ACTION(S) Mrs. Hooker moved to recommend denial of the petition with staff conditions. the following roll call vote: AYES: Witt, Thomason, Hooker Robinson NAYS: Ross ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: X Concept Plan 'x Vicinity Map k Staff Report ~ Other `~ ~+ Terrance Harri ton, ecretary Roanoke Co my Planning Commission The motion carried with ~ _ ~.~ STAFF REPORT PETITIONER: Valley Communications CASE NiJNIBER: 11-6/00 DATE: June 1, 2000 PART I A. Executive Summary The request is for a Special Use Permit on a portion of a parcel approximately 127.75 acres, off Route 311, Catawba Valley Drive, and Route 794, Sycamore Drive, in order to construct two two-way communications towers: one being a 140-foot lattice tower and the other being a 40 foot structure composed of pressure treated telephone poles for additional antenna arrays. The property is currently zoned AG-1 Agricultural/Rural Low Density and is designated as Rural Village in the Community Plan. There is not a direct correlation between the land use determinants and policies of the Rural Village land use designation and usage of land as a tower. However, towers are not specifically mentioned in any of the Community Plan Land Use Designations. Additionally, identified ridgeline themes discourage the placement of communications structures on ridgelines and emphasize the preservation of mature foliage and scenic views throughout the County. The immediate adjacent land uses are either residential or vacant, although there are some limited commercial uses along Route 311. Access for the proposed project is via a private access easement off Sycamore Drive. The nature of the services provided by Valley Communications could be described as a lessor rather than a lessee. Valley Communications provides the strictures for the systems and then leases spaces and antennae systems to parties interested in using two-way radio communications. Because of this business position, colocation on other existing structures, because of capacity and other limitations, is not typically a viable option for this provider. B. Description This is a request by Valley Communications for a Special Use Permit on a 127.75 acre parcel of property located off Route 311 and Sycamore Drive, in the Catawba Magisterial District. The proposal is the construction of a 140 foot tall lattice tower and a 40 foot antenna structure (also defined as a tower by Ordinance) for the placement of two-way radio communications systems. The applicant also proposes the addition of a mechanical building, approximately 16 feet by 33 feet (or smaller), constructed of reinforced concrete. At this time, no architectural blueprints or plans have been submitted for the building. C. Applicable Regulations Towers are allowed by Special Use Permit in the AG-1 Agricultural/Rural Low Density district according to Section 30-33-2 of the Zoning Ordinance. The following requirements are applicable: The tower would have to meet the requirements set forth in Section 30-87, for tower design standards, lighting and airport safety, and site plan review. Site Plan review and approval by County Staff, in accordance with Section 30-90 of the Zoning Ordinance, will be required. Federal Regulations - In 1996 the Federal government, through the Federal Communications Act, amended the laws that apply to the cellular telephone industry, including guidance on local zoning authority. However, in the opinion of the Zoning Administrator, this proposal for two-way radio communications is not subject to those provisions; thus the application does not fall under the zoning .s _ ~~ regulations of the 1996 Act. Local Regulations - In the interest of preserving the scenic and natural beauty of Roanoke County the goals of the County are: to achieve a long term reduction in the number of towers, to achieve a reduction in the height of towers, especially those located along or near ridgetops of major mountains and landforms, and to relocate towers that exist within a high visual impact area. It is the official policy of the County to encourage and promote the co-location of antennas on existing public and private structures within the County. Therefore permits for new broadcasting towers should only be requested and granted when no other reasonable alternative exists for locating needed antennas. When no other reasonable alternative exists for co-location, broadcasting tower locations at elevations lower than surrounding ridge lines are preferred. PART II A. Analysis of Existing Conditions Location The property is located in the Catawba Magisterial District off Route 311. The site for the proposed towers is at the top of Brushy Mountain, approximately 3400 feet from Route 311. Lot The lot is currently vacant. Access The developer proposes access to the property off Sycamore Drive via a private prescriptive easement. The easement runs through an adjacent property. Surrounding Neighborhood The surrounding environs consist of mostly residential and vacant land. To the north is a 90 acre parcel with a 2 residences spread out on the lot. To the east are several vacant parcels. To the south and southeast are two residences, and to the west are several residences and small vacant lots. Across Route 311 are more residences, a construction landfill and a Girl Scouts camp. B. Analysis of Proposed Development Property Characteristics: The property is zoned AG-1 AgriculturaURura1 Low Density and allows this use by Special Use Permit. The lot is significantly undeveloped, with the exception of an existing access easement in the form of an unimproved dirt road. The tree line is approximately 60-70 feet above the ridgeline. Site Layout: The site plan shows two tower structures. The first tower is a triangular lattice-type tower. The other is a structure comprised of several pressure-treated telephone poles. The lattice tower has a number of small whip-like antenna arrays placed along it. The smaller structure composed of telephone poles will support additional lower-frequency antennae systems, and appear to be below the tree line. There will be one self- contained equipment shed, 16 feet by 33 feet, constructed of reinforced concrete. At this time, the applicant has not indicated any fencing around the project area. The tower will be constructed of hot- dipped galvanized steel. The applicant has explained the need for both structures as follows: Lower-frequency antennae can be placed along the 40 foot structure with minimal separation distance between each. The higher-frequency systems require a more significant separation (that can be achieved r with the lattice tower). Additionally, these higher frequency systems require line-of--sight (similar to that of cellular communications) in order to be effective, The lattice tower, according to the applicant, was chosen rather than a monopole because the number of antennae placed on the single pole would require large support platforms, that could be more visible than the lattice tower. Access/Traffic Generation: Access to the site from Sycamore Drive is via a private 50-foot ingress/egress easement. According to the applicant, the traffic generated will be only a few vehicles (less than 10 trips) per month. While the applicant does not see the need to widen the existing road, he does anticipate cutting some of the trees along the edge of the roadway in order to insure placement the power lines. Fire & Rescue: The development itself should have little if any impact on the levels of service. However, the tower must comply with Section 30-73 of the County Code, which deals with the County's emergency communications system, to assure that the tower does not interfere with the system. DrainaQe/Floodplain: The area of disturbance is not in the floodplain or floodway. It is not clear at this point whether or not an E & S permit will be required. Screening & Buffering: No screening and buffering are required between the property (and project) and adjacent lots, as all are zoned AG-1 or AG-3. Water/Sewer: Use of these facilities is not anticipated. Miscellaneous The towers are not within any flight path of the Roanoke Regional Airport, requirements of Section 30-72 will still need to be met. FAA approval has been received for the proposal. Relation to the Zoning Ordinance The following discussion is taken from the checklist required for each application, and conversations with the applicant: The applicant has made an effort to seek alternative sites. In his application, he cites the existing Twelve O'clock Knob site, Fort Lewis Mountain and Green Knob. In the case of Twelve O'clock Knob, the applicant asserts financial constraints limit his option to remain there. Consideration was given to the MCI site on Fort Lewis Mountain, but according to the applicant, the initial costs and charge of $1,100 per antenna eliminated the possibility of use of that site. Because of the costs and the nature of service as mentioned previously, these options were eliminated as possibilities by the applicant. In the case of Green Knob, the applicant was told that AEP was reserving their extra capacity for Bedford County Emergency Services. The nature of the business for Valley Communications is providing independent communications systems for individual businesses. Each individual antenna will typically be used for an independent user. With this in mind, the tower will support a large number of users, far beyond minimum requirements. The lattice tower is not the most favorable type as set forth in the Broadcasting Tower ordinance (the most favorable type is a monopole). The applicant has said that this type of tower is needed to support the L~ number of antennae placed on the structure. The site is served by an existing dirt road, which is barely visible from any view. The applicant anticipates running utilities along this roadway to minimize clear cutting. However, some trees along the edge of the roadway will need to be cleared in order to accommodate the electric transmission lines. Utilities run approximately 1/3 to 1/2 the distance up the road. The enclosed map entitled "Location of all Valley Communications Sites" depicts the area(s) covered by the Poor Mountain facility. The areas in blue and darker green within the County are areas that are currently being covered. The applicant anticipates the ability to cover the remaining areas in the County, Cities of Roanoke and Salem and portions of adjacent counties. The photographic simulations show how the proposed addition to the existing tower would look from several perspectives. The simulations are the result of a previous balloon test. It should be noted that these photos were taken before trees along the mountain had any Spring foliage. The applicant feels that the simulation taken from Route 419/Pinkerton Chevrolet depicts too much clear cut trees. From the site plan, it appears that the applicant is attempting to minimize land disturbing that will be taking place. The structure appears to meet the minimum 25 foot setback requirement. Community Meeting A community meeting was held on Wednesday, May 23, at the Masons Cove Civic league Building. In addition to the applicant, staff and the district Planning Commissioner, one citizen was present. He was an adjacent property owner who voiced concern about clear cutting around the building. He was assured by the applicant that a minimal area would be cleared and that vegetation would remain between the project and his property lines. C. Conformance with the Community Plan This property is designated as Rural Village in the 1998 Community Plan. The Rural Preserve category designates a variety of land use types, in areas where limited development activity has historically occurred. These areas serve as buffers between more intense suburban development and conservation and Rural Preserve areas. Desirable land use types include rural housing and community centers, agricultural production and services, forest and wood products, small-scale commercial (convenience stores and personal services), and rural parks and outdoor recreation. Some of the favorable land use determinants for this project include a location where very low density residential, institutional and limited agricultural uses have developed, residentiallagricultural zoning, access by an improved rural road, and a location outside of the urban service area. One of the themes of the Community Plan is the preservation of ridgelines. According to the Plan, "Utility and communications structures should not be placed on the ridgelines." Additionally, the Plan calls for limitation of mountainside and ridgeline development as well as the preservation of mature trees. The height of the tower is 140 feet while the treeline is between 60-70 feet above the ridgeline; thus the tower is above the existing tree line. The photographic simulations verify that the tower is above the ridgeline and treeline of Brushy Mountain. According to the applicant this is the lowest possible tower height for his needs. The proposed tower does not meet the standards set forth in the Community Plan. Although the viewshed analysis for the Appalachian Trail are currently being mapped and have not been officially adopted, the tower does appear to be within one of its viewsheds. D. Conformance with County Development Standard ~~ The tower appears to meet applicable development standards. The overall height of the tower is less than the maximum allowable 199 feet. It has the capacity to locate additional two-way radio systems. The tower appears to meet the setback requirements (as the previous tower was approved). The applicant does not anticipate the need for additional towers to complete his "network" of communications in the Roanoke Valley. PART Ill Staff Conclusions According to the Community Plan, this area has been designated as Rural Village, which is suited for rural development, limited residential capacity, agricultural and forestal activities, small-scale commercial and parks and open space. The adjacent properties consist mainly of other vacant agriculturally zoned lots, with some residential uses. According to the Zoning Ordinance, broadcasting towers are allowed by Special Use Permit. The site is along a significant rural transportation corridor between Roanoke County and Craig County. The tower will have minimal impacts on traffic, utilities, or other public services. The tower does not conform with the goals of the community plan in relation to the ridgeline protection themes. Specifically it is the development of communications structures on a ridgeline, the diminishing of views, and the loss of trees. The tower does not conform to some of the requirements of the Zoning Ordinance. Specifically, this is not a colocation and not a monopole. However, the applicant is intending to minimize the amount of land disturbance through minimal on-site disturbance and utilizing an existing roadway for location of utilities. The applicant asserts that this is the height needed for him to provide his communications services. The site plan is relatively straightforward, depicting facilities and use. In the photo simulations, the tower appears to have some significant impact, including along the Appalachian Trail. If the Commission is in support of this Special Use Permit application, then the following conditions, remaining from the original tower application, and reflecting the new ordinance, must be imposed: 1. The height of the proposed tower lattice tower, excluding any antenna attached to the tower shall not exceed 140 feet above grade. Any extension of the proposed tower shall require a Special Use Permit. 2. The lattice tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. 3. The tower structure comprised of the pressure treated telephone poles shall not exceed 4o feet in height. 4. No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on site, at a height not to exceed 25 feet. 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. The location of the electric service transmission lines shall follow the path of the existing roadway in ~. ~l order to minimize loss of tree coverage. 7. The location of the tower structure and related equipment shall be as shown on the undated plan included with the application entitled "Concept Plan, Valley Communications Site, Brushy Mountain, Roanoke County, Virginia" dates 4-21-2000, as prepared by Engineering Concepts. s- y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 23, 2000 ORDINANCE GRANTING A SPECIAL USE PERMIT TO VALLEY COMMUNICATIONS TO ALLOW THE PLACEMENT OF A 140-FOOT LATTICE COMMUNICATIONS TOWER TO BE LOCATED ON PROPERTY OFF ROUTE 311 (CATAWBA VALLEY DRIVE) AND ROUTE 794 (SYCAMORE DRNE) (TAX MAP N0. 25.00-1-21), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Valley Communications has filed a petition for a special use permit to allow the placement of a 140-foot lattice communications tower to be located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-1-21) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. 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 Valley Communications to allow the placement of a 140-foot lattice communications tower to be located off Route 311 (Catawba Valley Drive) and Route 794 (Sycamore Drive) (Tax Map No. 25.00-1-21) in the Catawba Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (a) The height of the proposed lattice tower, excluding any antenna attached to the tower shall not exceed 140 feet above grade. Any extension of the proposed tower shall require a special use permit. U:\WPDOCS\AGENDA\ZONING\valley communications.sup.wpd 1 S-~ (b) The lattice tower structure and all attached hardware shall be a flat matted color so as to reduce visibility and light reflection. (c) The tower structure comprised of the pressure treated telephone poles shall not exceed 40 feet in height. (d) No lighting shall be installed on the tower structure unless required by the FAA. Security lighting may be provided on-site, at a height not to exceed 25 feet. (e) 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. (f) The location of the electric service transmission lines shall follow the path of the existing roadway in order to minimize loss of tree coverage. (g) The location of the tower structure and related equipment shall be as shown on the undated plan included with the application entitled "Concept Plan, Valley Communications Site, Brushy Mountain, Roanoke County, Virginia" dated 4/21/2000, as prepared by Engineering Concepts. (h) The tower shall have whip antennae only. 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, repeated. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\valley communications.sup.wpd 2 S4 SPECIAL USE PERMIT APPLICATION FOR Valley Communications 140' Lattice Tower, Four- 40' Max Height Wood Poles with Cross Braces and Associated Equipment Building Brushy Mountain Roanoke County, Virginia PREPARED BY: ENGINEERING CONCEPTS, INC. April 21, 2000 PROJECT # 00051 1 1 1 u VALLEY COMMUN/CAT/ONS 6720 A Thirlane Road Roanoke, Virginia 24019 (540J 362-1918 (800) 333-8871 FAX (540J 362-1795 April 19, 2000 County of Roanoke 5204 Bernard Drive Roanoke, VA 24018 Attn: Department of Planning and Zoning Dear Sirs: Valley Communications has been serving customers of the Roanoke Valley for over 20 years. In 1998, we moved from Salem to Thirlane Road in Roanoke County. Our primary business is the sales and service of commercial two-way radios. We also sell pagers and cellular telephones. With the many changes in the communications industry over the last ten years, we are finding ourselves in increasingly competitive markets. We have had to continue to change our marketing strategies to find niches in the market to compete with the larger companies. We currently have two sites in the Roanoke Valley area. One on Poor Mountain and the second on Twelve O'clock Knob. The site on Poor Mountain provides coverage into the New River Valley, Smith Mountain Lake, Franklin and Bedford County areas, but provides spotty coverage into Roanoke and Salem. The site on Twelve O'clock Knob covers the Salem and Downtown areas but does not provide coverage in the Bradshaw, Route 221 Cave Spring Area or Botetourt County. The major problem with this site is our lease has expired, the lease costs have tripled in the last year and the landlord is planning another increase. This has required us to look for another location preferably one we own. We considered leasing two other sites. First, I contacted AEP about their site on Green's Knob. They said the extra capacity available was reserved for Bedford County Emergency Services. Second, I contacted MCI about their site on Fort Lewis Mountain. They require an upfront payment of $12,500.00 for an engineering study. If approved, they charge $1100.00 per antenna. With the number of antennas our systems require I could not afford this site. In the two-way radio business, it is nearly impossible to lease space on another tower, especially from a large carrier. The revenue we generate from our type of systems cannot cover the expenses. The new tower is being requested for the reasons above. It will provide us an excellent location from which we can provide our two way radio and paging services. We will be able to provide coverage to downtown Roanoke and Salem. It also will provide coverage into the Bradshaw, Botetourt County, and Route 221 Cave Spring Area. This location will have our equipment and space for customer owned equipment. We provide housing (building and antenna space) for a Ericsson Inc. 7~74747~~'Five Star Dealer ERICSSON 1 f 1 I ~~ 1 Roanoke County April 19, 2000 Page 2 variety of customers. As mentioned before, most are commercial accounts, but they serve many of the residents of the Roanoke Valley. These are companies like Carilion Roanoke Memorial Hospital, Carilion Transportation Services, Webb Oil, RADAR, WHPT Trucking, Professional Auto Towing, and many others. In addition to housing private systems for companies, we also rent our service to many businesses. Companies like Security Lock and Key, Newcomb Electric, Flint's Servicenter, Stacey's Tree Service, Gourmet to Go, Brambleton Imports, CJ's Plumbing, Leonard's Copy Systems, Cline Electrical, and similar businesses. As you can see, we have a broad customer base and our customers provide goods and services to many residents of the Roanoke Valley. I want to stress the fact that we are not a cellular or PCS carrier. We are a small locally owned Roanoke County business trying to compete in a very competitive and demanding market. This tower is very important to the survival of our business. It will provide us with a site we own and the coverage that we need. In addition, it will provide a source of income from other tenants that want to lease space. These tenants are small business companies mentioned earlier. Like us, they cannot afford to pay the high cost to have an antenna mounted on a large carrier's tower and need alternative places for their antenna and communication system. That is what we provide: affordable communications systems for local business. Sincerely, VALLEY COMMUNICAITONS ~ w ~~ ~~~ Mark W. Cronk MWC/Iw t COUNTY OF ROANOKE DEPT. OF PLANNING AND ZONING 3738 Brambleton Ave. SW P.O. Box 29800 Roanoke, VA 24018 (7031 772-2068 FAX {7031772-2030 For staff use only date received: received by: application fee: PCIBZA date: placards issued: BOS date: Case Number: Check type of application filed {check all that apply}: ^ REZONING ®SPECIAL USE ^VARIANCE Applicant's name: Mark Cronk, Valley Communications Phone: 540.362.1918 Address: 6720 Thirlane Road Zip Code: 24019 Roanoke, Virginia Owner's name: Mark Cronk, Valley Communications Phone: 540.362.1918 Address: 6720 Thirlane Road Zip Code: 24019 Roanoke, Virginia Location of property: Tax Map Number: 25.00-1-21 On the southern end of Brushy Mountain, off of U S Rt 311 and Route 794 north of Magisterial District: Catawba . . . , the intersection of Route 311 and Route 419 Community Planning Area: Mason's Cove Size of parcel {sl: Existing Zoning:AG-1 (Special Use Permit) 127.755 acres Existing Land Use: AG-1 (Special Use Permit) 5,565,008 sq.ft. Proposed Zoning: Remaining AG-1 rbr• staff use orrty Proposed Land Use: Install 140' lattice tower, four upright 40' max height wood poles use Type: with wood pole cross braces and 16'x33' equipment building Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? YES x NO IF N0, 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 proffered with this request? YES N/A NO Variance of Section(s) N/A 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 M1SSlNG OR INCOMPLETE. nn v ws v ws v x Consultation x 8 1 /2" x 1 1" concept plan x Application fee x Application x ~,>.. Metes and bounds description /A '.,. Proffers, if applicable x Justification ~ Water and sewer application x Adjoining property owners (Not required) hereby certify chat / am either the owner of the property or th owner's aDent r contract purchaser and am acting with the know/edg~e7a/nd consent o/f the owner. Owner's Signature: concept plan of the proposed project must be submitted with the application. The concept plan shall ,graphically depict the land use change, development, or variance that is to be considered. Further, the plan shall address any potential land use or design issues arising from the request. In such cases involving rezonings, the ~pplicant may proffer conditions to limit the future use and development of the property and by so doing, correct ny deficiencies that may not be manageable by County permitting regulations. The concept plan should not be confused with the site plan or plot plan that is required prior to the issuance of a luilding permit. Site plan and building permit procedures ensure compliance with State and County development regulations and may require changes to the initial concept plan. Unless limiting conditions are proffered and ~ccepted in a rezoning or imposed on a special use permit or variance, the concept plan may by altered to the xtent permitted by zoning district and other regulations. concept plan is required with all rezoning, special use permit, and variance applications. The plan should be ~repared by a professional site planner. The level of detail may vary, depending on the nature of the request. The County planning staff may exempt some of the items or suggest the addition of extra items, but in general, the following are considered minimum: ~~, ~LL APPLICANTS a. Applicant name and name of development. ~ b. Date, scale, and north point of plan. ~' ~ c. Lot size in acres or square feet and dimensions d. Location, names of owners, and Roanoke Co. tax map numbers of adjoining properties. © e. Physical features such as ground cover, natural watercourses, floodplain, etc. f. The zoning and land use of all adjacent properties. g. All property lines and easements. 0 h. All buildings, existing and proposed, and dimensions, floor area and heights. i. Location, widths, and names of all existing or platted streets or other public ways within or adjacent to the development. j. Dimensions and location of all driveways, parking spaces and loading spaces. dditiona/ information required for REZONING AND SPECIAL USE PERMIT APPLICANTS k. Show existing utilities (water, sewer, storm drainsl and connections at the site.- N/A 1. Any driveways, entrance/exits, curb openings, and crossovers. m Topography map on a suitable scale and contour intervals. - N/A n. Approximate street grades and site distances at all intersections. - N/A o. Locations of all adjacent fire hydrants. - N/A p. Please submit any proffered conditions at the site and show how they are addressed. - N/A q. If project is to be phased, please show phase schedule. - N/A 'I ~ertify that all items requi ed in the checklist above are complete. ~ w. ~~ ;~~ gnature of applicant For Staff Use Only: Case Number ' Applicant Mark Cronk, Valley Communications 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 welfare. Please answer the following questions as thoroughly as possible. Use additional space if necessary. Please explain how the request furthers the purposes of the Zoning Ordinance (Section 30-3) as well as the ,purpose found at the beginning of the applicable zoning districi~ classification in the zoning ordinance. The establishment of an 140' lattice tower facility and four- 40' max. height wood poles with cross member at this location will improve the service coverage for Valley Communication's customers. The improvement in coverage will allow a locally owned business to further enhance the existing service area providing County businesses and citizens with quality, long term signal reception. The completed facility should not affect approach slopes to the Roanoke Regional Airport. The proposed tower site is below the FAA permit review height of 200 feet and exceeds the approach slope minimums based on its horizontal position in relation to the Roanoke Regional Airport. ii 1 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Comprehensive Plan. ~i The land use designation for the property as identified within the Comprehensive plan is AG-1. The impact of the proposed lattice tower on adjacent property and the existing terrain and vegetation will minimal. An existing road already serves the site and power is proposed to generally follow the alignment of the existing road to minimize additional clearing. The operation of the facility will require only periodic maintenance after construction and throughout the life of the facility. The construction for the lattice tower, four wood poles and equipment building wilt be minimized to limit the disturbance area and to try to preserve the surrounding existing tree canopy as much as possible to help shelter any potential visual impact from the Appalachian Trail.. 1 t Please describe the impact(s) of the request on the property itself, the adjoining properties, and the surrounding area, as well as the impacts on public services and facilities, including water/sewer, roads, schools, parks/recreation, and fire/rescue. This facility will generate traffic of a periodic nature to accomplish routine maintenance and general site upkeep. •1 ~ ` __ _ __ --- o _ \ I ~' Q •~ ppO N y N ' ' 1 ~ / ` ~ m ~ ~ L ~ ~~ y.~ ~ p T 1 ~ 1 ° _ ~ ~ m ....:. /rN~ v~~ c pv ti o c ao m \\ ~~~ 1 ' ~.~ stn /J~\ m ~ OQ 2 ai f0a ~ ~N~ O VQ U ~ b ~ \ ~~ ~ I ( ~ \ ~ ° $ p ~ ~ O cx0 O p .. +-. ~ /O it I ~ ~ ~ ~~~ 1111 ~C~~ \~ ~~a ° ~'~, ~,, d ~ ~ , /~~~ ~\ ~ i„~ ~ ~ a? ~ ~Gp~ 'gyp i 4 ~ 1 X C N ~ ~ ~ 1 ~~~ 1~1 ~\ ~ cn c co c° 1111 I ' I ~\~~ ~ a U $i~ 11 1 1 ! I ,, ~~' ~; ~'m ~ as II ~1 1 I I ~\\ Nc~ w i I I I ~ ~~~ `~'_ I I I I I P~ 1 ~ ~~ ~~ ~ ~° c ~~' I ~ 1 111 ~ I 1 ` , ~\~;\ ~ ~;~ ~, -~ ~~ II IIII a \~ \\ UN3o3~o Vo' I 111 ~ 11 i,l ~ ~ ~\ ~\\ ~ ~ ~ ~ ~ ~ ~= Y ~ IIII IiI ~ ~ ~~ ~~~ ~ _R ~~ g' 1111 ,11iiI~ II ~. \` /I~ ~\1\ ~w~~¢ 0. E~ I >~° WI 111 ~~~~ I .1I~I~ l `; \~ ~~ 11~ °~:~ ~v~ ~ 1 i I I ~ 1 wax m o ~I I11i ~ i1 ~ 1; ~ Q...w v ~~ ~' 1111 `~`,, !1 \ ~~ \1~ `~ ~ / ~ ~ V >m \ \ i ~„ 111 ~ \\ ~\~ \ ~ \ / ~ ~~/ i ~ LL ~ ~ ~_ ,~. / ,~ ~~~ I \ ~ ~ ~~ ~~/~./! ~~„ //// t7 iii ~. ~•,.j Y d J h ~ ~ - - ~-',. V O NN S V N ~a ~d ~= ao cY ~~ - ~ o }dm U c ~ ~ ~ o o ~ c ~'~/A+~ pp ~ 7 a0 C -~ ~ P e ° .~a~S3 O m~~ ~;p~~ _L V ' ;mm t°.~,9 a ,o~ F-iaaam _ ~~ c ~ ~ .a ~ ~ a` ~ ~ ~ o a $ ~ ~ ~' `~ O u ~ ~ V ~+ ~ d C~ ~C ~ O C O O ~ ' +=' ~- c~ ~ p *~ ~ ~ ~ ~~ ''~ ~ _ e ~ ~ , ~ ~ ~~ ~~ >~ o~ j Y Y ~LL ' N C O y 7 C z ~KO C~ a~,C9 ~.R a~> ~c °c:~yo p~ k c Y W Ua w C ~ O~ YILCm ~~ y ~ ~ y A ~ C ~ ~ ~ ~ CO u ~~y~~ G~ Go~~ ~1 U ~` i QV~ f~J >OU.. j z :$ a9i0 3Um• ~ c: ~ ~~6J~ dLL ~ m n o _ ~ m ~ ~~ U ~ ~ ~ r 1 4 e~ ~, ~~' ~ 5 •+~ a f '. ~. ~. 0~ off- r • ~ ~~'. a• ',~~ ~' ~~. ~~ ~ ~ ~ ~ . _ , ~ ~ or visual analysis was generated 4~., ~ ~~"r "~ ~ "~ ~ ' .5 minute DEM files. This information ;., ~ ~ .- into a 3-D grid and used in ~ ~ s day. ~ ~„- p~~vL~ '~ ,.,,. ~ $ ,"~.~~ ~; ith Autocad and Eaglepoint d'*Cti 1'C4.5~/Y~ A~1.~1 1 .'(. ~ ?. I~-I ~ ~` ~ ~ ~ ,.~, r sed for viewshed analysis beyond 5 miles fi~~ ; ~ z. f s is not complete. ~" x ~ ^ ~ ~" i ~F:p ~, "~_~ y~' G I; =coverage and foliage could influence views ,r,~.~~, ~, ~ , ~ ~+en location. ~3jp ~ , 5 i 4 ~T FT~~eYF" '.~v3~' ~ I R-T ~Ai_ Y`T -.+,'~r -~~ ~ ~.y ~, t t ~ ~ B~Jt. S-` 1 ~- ' ~ ~ ~ V _ Denotes areas with potential views of ,,,,~"° },,: ~ `• the proposed 140' lattice tower. f ~ k ~ ~ ~'" y, ~~ I ~` ~ Location of digital photo-simulations. 1 ~f~~ ~` , , Balloon Launch was conducted 4-6-2000 ~~ N' ~~r'~m F ~~ ~ ~ ~ ~~ ~'`'" ~~ ~`• ~ k~0~% ~ ~ ~' to accurately depict tower height. ~~ ~ `~~ t ~'`~ ,~ ~ ~". x ~ nth , T k . ' ~str`j~ '•r L a ~! ~,~ , '~' :1„ '" lid t _ ~ ~ - ^.i' ,,. ~ ~: s '~,k ~'-: a?> xi S ~ ,~ ~~ ~ ~~ ~ r ~~ ?~. :" { ~ ~ ~.~~r ~ ~' ~y ~` r ~ ~~- hed Analysis Map ~,.~~ Fem. ~-. •. ~•" r r ~ bow, ~~ a '• ~'~ ~ ~ ~ _ ` fix ~;~?,"~" ~•~. ~~~ ~ munications ~- ~; ~ GINEERING CONCEPTS, INC. ff.... - N[~N[amN° 1 T~ AANNINO y9.' A• NO[CAr[ ARCNIT[CTYR[ YRV[YINO l,% ~'. '1 ~~ ~ ; " v fl ~ y 1 ~ ~~ H 41t,JL V ~ _ F _ L" r .+%~"`~ ~'- ~ ~ fir Project: 00051 ° ~~ :~.. Date:4-21-2000 1 t L t Existing Conditions 1 u 1 1 u t Existing Conditions [N6IMEERIN6 CdICFV(S. IMC. Vdlley C9mm11niCdfinllb ~ .__...,_ Simulation of Proposed 140 Lattice Tower ..__. ~/o,~ ~~, •-~°- "~~~ al..-z,.z~ View from Route 311/Near Plunkett Road t t 1 it t 1 Existing Conditions ENG HEE G<aN<EVlS. ~N<. ,. ~ Simulation of Proposed 140' Lattice Tower °'~' °"05' View from Route 419/ Pinkerton Chevrolet 1 1 1 1 1 1 i, Existing Conditions t °~""~'~""°"""'~'"` ~~° "` °'°°"~"°°` Simulation of Proposed 140' Lattice Tower <.z,.z~ '"'°"" ~' X51 View from Route 1171 Peters Creek Road ;,' I , 140'RO)1N model SSV :elf supporting tower, hot dip it i 1 galvanized after fabrication, which will seer 80 mph ~~' I basic wind speed with 1' radial ice per ANSI/EIA- ~~~, ~ ~~ ~ ~~~ 222-E 1991. '~ ,.r S This tower will su orti ~.~, PP ~ ~ -r~ "' antennae three each :,i „ ~~~ Eight PD4S5 (or equivalent) , " ~ y mounted on 6' side arms at the top of the tower, Eour each mounted on two 6' aide arms - (one up and one down oa each) at 70', and one mounted oa a 6' side arm at 5D'. Two DB304 (or equivalent) sntennas mounted on 6' side arms at SO•. { All antennas are to be fed with 7/B' transmission line. x _ -i~ i ~ *r.: ~/ S' - Y ' ~.~\ ~ ' { 1 ~ ' I' This aquipanent building was constructed as poured in place reinforced concrete. A similar } facility may be constructed nt the proposed site, or a prs-manufactured smaller y concrete building mill be erected. I .~ ; Va!!ey Communications ~,` ;,,~.. ,,,.r„ ~,~;,y ~.i~~f~~. 7..'c 40' Max height pressure treated mood telephone poles with mood poles as cross bracing secured E~ with 3/4" galvanized through bolts. V` Antennas are secured to Grose brace with metal conduit. The Droposed ' ~~' location mill also include this facility. The 40' maximum height sad material colors eaablae this structure to blend into the existing surrounding tree canopy. This structure mill allow for additional co-location at the same site while minimizing additional visual ia~acts. ' ~ ~. ,~ y „_'-~' ,` i- '`~"s : ~ s ~~i .h- { ffi) ~ t -~x,-k ~ ~. ,-. .. ~ „~.~ - Example of Proposed 140' Lattice Tower and Support Elements Existin Valle Communication Poor Mountain Facili Project 00057 9 y ~ Date: a-2t-2ot>o g H U Z ~ 2 3 Q .. 4~ 2 ~. W W ti ~ti ^~ e~ ~ ~ 1 J N .Q {~ ti ~-1 ~ ti pp N O O~ n` O ~ > p~ 3 V ~, Q ~~ ~~ ~ ~ Z w~ ~ i ~~ 0 ~ Q V.! 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I~V1 ~-iY~->V~-F- 11-31~1l1< l3<m'~~OJ~V1 - ry. +T~ ~Vt b n moi0 - N ~ Ift b wm ~~ $¢ W q Q4 J ~ ~~ Q I I ti 2 W 3 O )~ a W ti a Q :J :J O ~ N ~ HN O 7 n0 q q OG G O ~ N v `+ y, '1 V G c© =^ _~ -¢ J ~ ~ i 2 W ~ t 'C W Z o°= ~ ~ ® H H ~- 4J v ~ J d' ~ O Q ~ o" fti Q ~i W Ali . s v¢ Z J Q ~" ' ~ 'iY '~ ~ ~~ 7ti ;,~ ~~ .~ I~~ W~ ~Z Decibel Products DB812K Catalog Page t C~ECIBEL Pl~flDt1CTS DB812K OMNI ANTENNAS DB812KF MHz d GAIN, 806-960 Page 1 of 2 D>B~1B~ -P DB812K and DB812KF (flange) antennas provide Decibel's highest omnidirectional gain and power rating for 800!900 MHz applications. Radiators are enclosed in a 3" (76.2 mm) OD Horizon BlueT"' radome made ofMinimum-Tip-Deflection® (MTD®) fiberglass, which resists high winds with very little tip deflection. • Broad Response -Antenna models fulfill frequency requirements for conventional, trunked, paging and cellular communications. ' Sturdy Construction - In addition to MTD fiberglass radomes, the antennas have weather-resistant masts made of strong 6061-T6 aluminum alloys. • Very Rugged -The antennas resist winds to 150 mph (241 kph). In 100 mph (161 kph) winds, tip deflection is 10° maximum. • Reliable -Each antenna is tested for 500 or 750 watts (DB812KF) power rating compliance and the absence of intermodulation generators. ' .Engineered to Last -All metals used in radiator, feed and matching systems are copper or brass, which minimizes galvanic reaction and reduces intermodulation. • Lightning Resistant -ADC ground is provided. I Moisture Resistant -Top and bottom removable drain plugs are provided. • Ready to Install - DB5091-3-No-Torsion Mount and VAPOR-WRAP® are provided. ' Ordering Information -Use model number for correct frequency and options if desired. Mounting clamps and VAPOR-WRAP® are included. Order jumper cable separately, if desired. • DB812KE Flange Photo ' DB812 Radiation Pattern Fre uenc Ran es Available -MHz BS 12K-XT or DB812KF-XT 806-86 B812-XC or DB812F-XC 824-89 B812K-Y or DB812KF-Y 890-960 B812RR 824-89 =with Flange, without jumper. In uts 750 W. or 7/16 DIN connector order DB812KE-XT or XC. Order DB812KS-XC for 824-896 MHz (for 21' 6.4 m nominal 11.5 dBd ain . http://www.decibelproducts.com/marketing/catalog/db812k/db812k.html 4/19/00 Decibel Products DB812K Catalog Page Electrical Data DB812K-Y DB812KF-XC requency Ranges -MHz See tabl See tabl 'n - dBd 1 12 eamwidth "E" Plane (half power) 4° 4° eamwidth "H" Plane half ower O O aximum power input -watts 50 - aximum power input (with Flange) -watt - 75 nput impedance -ohms 5 5 SWR 1.5 to 1 or Bette 1.5 to 1 or Bette ightning protection Direct group Direct group ermination - in. (mm) N-Femal .875 (2.22) EI Flan a fixed Mechanical Data DB812K DB812KF adome fiber lass - in. mm 76.2 O 3 76.2 O aximum exposed area (flat 3.2 (.30 3.5 (.33 uivalent - ft2 m2 ateral thrust at 100 mph 128 (569.3) 140 (622.7 161 km/hr - lbf verall length - ft. (m) (890-960 MHz) 22.3 (6.8 22 2 (6.8 C (824-896 MHz) 24.4 (7.4 23.8 (7.3 T (806-869 MHz) 24.4 (7.4 23.8 7.3 ip deflection at 100 mph (161 khp) 'th extension 7.5° 10%de ; et weight - lbs. (kg) 66 (30) 72 (32.7 Shi in wei ht - lbs. k 95 43 143 64.9 lams alvanized steel ** DB5091-3 DB5091-3 **Shipped separately. . Back to Catalog Search Pale .:. :;::.r::...~~:::. f• }`..• . .'t ). ~r ~. •}~,,~; !. •$::: •. ALLEN TELECOM INC. • DECIBEL PRODUCTS DIVISION PHONE 1-800-676-5342 • (214) 631-0310 • FAX 1-800-229-4706 • (214) 631-4706 Page 2 of 2 http://www.decibelproducts.com/marketing/catalog/db812k/db812k.html 4/19/00 Decibel Products Accessories Photograph Page Photo of Model DB812KE Antenna Return to Model Data Sheet ALLEN TELECOM INC. • DECIBEL PRODUCTS DIVISION PHONE 1-800-676-5342 • (214) 631-0310 • FAX 1-800-229-4706 • (214) 631-4706 Page 1 of 1 http://www.decibelproducts.com/marketing/catalog/db812k/pdb812k.html 4/19/00 ' " 'Decibel Products ASP-705 Catalog Page 1 I~EC181*l.. F~O~ltl~TS ASP- COMMANDER® SERIES HEAVY DUTY 705 OMNI ANTENNAS 10 dBd GAIN, 450-506 MHz Page 1 of 2 D)BCIIB~L, . Broadband - 18 or 20 MHz, ideal for must UHF' applications .Top Performance -all features maximized for demanding base station applications . Range -unique 20-element cross linked collinear array provides minimum 10 dB gain accross each broad operating range ' • Maximum Power -easily handles 250 watts (500 watts with optional K-300 pigtail kit) for high power multi-transmitter usage • Heavy Duty -wind rated at 144 mi/h (232 km/h) for survival in hostile weather environments. . Appearance -tough, extra heavy ARMORWEAVE® fiberglass radome provides good looking protection for radiating elements ' .ASP-705 Antenna Photo • ASP-705 Vertical Field Pattern .ASP-705 Beamtilt Graph 1 t 1 1 Electrical Data ower 250 watts maxim in 10 dB requency Range 450-470 MHz; 470-488 MHz (ASPB705); 488-506 MHz ASPC705 andwidth Entire O eratin Ran g~ Less than 1.5:1 m edance 50 ohms nomina ertical Beamwidth 7 de ree i htnin Protectio Direct oun ermination N female: 24 inches (61 cm) jumper o -8 VAPOR-BLOC® furnished standar M echanical Data ated Wind Velocit 144 mi/h 232 km/h ateral Thrust 84.8 lb 3 8.5 k 100 mi/h 161 km/h endin Moment 731.8 ft-lb (101.2 k~-m uivalent Flat Plate Are 2.12 ft2 0.2 m2 tenna Len h 21 ft 6.4 m ei ht 25 lb 11.4 k ' http://www.decibelproducts.com/marketing/catalog/asp-705/asp-705.htm1 4/19/00 Decibel Products ASP-705 Catalog Page adiatin Element Cable radiator tenna Housin ARMORWEAVE® fiber lass radom Support Pipe Mounting 18 inches (45.7 cm); ea Availabe 2 7/8 inches 73 mm O.D. Two (2) ASP-616-type heavy-du ounting * mast clam s furnished Shi in Information ei t 68 Ib 30.8 k inch (10.2 cm) O.D. tube imension 268 1/2 inches 682 cm Page 2 of 2 *See catalog sections for mounting brackets, coaxial cable, connectors and other materials required for complete installation. VAPOR-WR.AP® connector sealant is included. . Back to Catalog Search Page .. ..:.} . {.: "... .....}, ..,~.,-, .:...v J :~ ~ v•^,.f .. 4'~......••'.'~...~.r J.6{. ::f l~f~l^! .%Tf}~iJ: ,v',`~....::•?}F: ~~i ....:: .4 SYn.: ..v iw:. +..a>.• .•:::..\: vx, • ..w:::; •: •.2••J :v, }::v::iy:v:<•'.,{~'•:..,.....• •:~::•.}:.}:/.• :::::rr •.v: •.:v •: Y.:6:::. • : v::v: :.x: pY::::::::::: v ALLEN TELECOM INC. • DECIBEL PRODUCTS DIVISION PHONE 1-800-676-5342 • (214) 631-0310 • FAX 1-800-229-4706 • (214) 631-4706 http://www. decibelproducts. com/marketing/catalog/asp-705/asp-705. html 4/ 19/00 Decibel Products Accessories Photograph Page Photo of Model ASP-705 Antenna Return to Nlodel ASP-705 Data Sheet ALLEN TELECOM INC. • DECIBEL PRODUCTS DMSION PHONE 1-800-676-5342 • (214) 631-0310 • FAX 1-800-229-4706 • (214) 631-4706 Page 1 of 1 http://www.decibelproducts.com/marketing/catalog/asp-705/pasp-705.html 4/19/00 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: June 27, 2000 AGENDA ITEM: Second reading of ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Road and east of Indian Grave Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. COUNTY ADMINISTRATOR'S COMMENTS: This is a request for a Special Use Permit which usually does not require specific engineering information to be submitted at the time the request is made. The applicant has chosen not to provide a great amount of detail until the Board of Supervisors decides whether or not to approve the request. Because of the sensitivity of this project to the Clearbrook area, and especially the neighbors on Indian Grave Road, We need more information. Usually the details would be worked out by the developer and Community Development staff, and we can do that in this case if the Board desires. However, the developer's solutions to increased traffic, stormwater management, and screening and buffering could impact the Board's decision. Indian Grave Road needs to be improved to three lanes from the intersection of Route 220 to at least the entrance to the fire station and County park. There has already been some flooding of downstream properties, so stormwater management is an important issue to be considered. Some of these issues need to be looked at in a broader regional basis because of development across Route 220. The staff has prepared some additional information that we would like to share with you in a work session before this item is presented at the 7 p.m. meeting. I also recommend that the Board request additional information from the developer. Elmer C. Hodge County Administrator ~~ ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Johnson _ _ _ Received () McNamara- _ _ Referred () Minnix To () Nickens ~'~ PETITIONER: EVANGEL FOURS~2UARE CHURCH TRUSTEES CASE NUMBER: 12-5/00 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 A. REQUEST Petition of Evangel Foursquare Trustees for a special use permit for a religious assembly and day care center located on Indian Grave Road, Cave Spring Magisterial District. Mr. Natt represented the church. B. CITIZEN COMMENTS Michelle Berry spoke against the request with concerns of negative impacts on traffic, well and septic systems, wildlife and the possibility of Indian burial sites on the property. She also expressed a concern about the possibility of blasting to move rock on the proposed church .site and that impact on her property immediately adjoining. Clarence Simmons spoke against the request because of increased stormwater and flooding concerns, and the impact of more traffic increasing the response times for fire and rescue. Nina Hodges voiced concerns about the day care operation and the increased traffic. Randy Kingery spoke in support of the church's request. Christopher Stickrod, the church's assistant pastor, spoke in favor of the request. C. SUMMARY OF COMMISSION DISCUSSION Mr. Witt inquired about the plans for the remainder of the property. Mr. Witt had a concern about the site not being engineered for the.. request. There was discussion from Mr. Witt about the other allowable uses for the site and those potential traffic impacts. Mr. Thomason discussed traffic concerns with the day care operation. Mr. Ross was not as concerned about the traffic impact with this site as compared to the previous Stable Road site. Ms. Hooker had some concerns about the steep slopes. D. CONDITIONS OF SPECIAL USE PERMIT 1. The site shall be developed in substantial conformity with the concept plan prepared by LMW Engineering & Surveying, dated April 28, 2000. If final engineering of the site requires extra grading beyond the immediate area for the church, it shall be necessary for the applicant to reapply for a Special Use Permit. 2. The buildings shall be constructed in substantial conformity with the building elevations prepared by Pierson Engineering & Surveying, dated October 20, 1999. 3. The exterior of the buildings and equipment shall be constructed with non-reflective materials and brown and gray colors to reduce the visibility potential from the Parkway and surrounding views. 4. As the site is graded and/or developed, no trees on the site may be removed except for the trees in the immediate path of the driveway to the site from Indian Grave Road, the area for the stormwater management facility, the area for the church facilities, day care facilities and parking, playground area and area for the septic drainfields, as shown on the concept plan prepared by LMW Engineering & Surveying dated April 28, 2000. 5. The church shall undertake all transportation and road improvements required by VDOT and deemed necessary to insure that adequate and safe access to the site is provided. 6. No access shall be permitted from Franklin Road to the property. E. COMMISSION ACTION(S) Mr. Witt made the motion to forward a favorable recommendation for the special use permit to the Board of Supervisors with the conditions. The motion carried with the following roll call vote: AYES: Thomason, Witt, Hooker, Robinson, Ross F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: `Concept Plan ~ Vicinity Map ~ Staff Report Other Terrance Harr' gton, Se etary Roanoke C my Planning Commission COUP! i Y OF R0~•.~iCKF DEPT . CF PLANNING ~•.NG ZCNi~IG ~2rJu Bernard Or. , P.Q. Bcx 29800 Roancke, VA 24013 c SL'~~ 772-lose Fax t5~~o i` 77?-? ~~ o~ Fcr staf= use only date received}:"~ ;~~ receh~ed hy: aopiication fa'e:~~ `i/r'iirZ?. da piacarda '~scu~ed: i ~ ACS date: iCase {aumGer: ~ J~~~~~/~~f J~~t~ --, ii~'~irr~~'.~`.)t''i-i r7E~-t Y?. h~76t z.~...~. _ ... ..... .. ..... .. Check type of application hied (check al( that apply): ^ Rc?ONING ®SPECIA.L USE ^Vr^^.P,IANCE ,d.ppiicant's name: Evangel Foursquare Church, Trustees Phone: 982-3694 ~ Ave . , SE (Attn : Mr . Ken Wright) Zlp Ccde: 24013 Address: 612 Bullit ~ Roanoke, Owner's name: Roanoke Land & Auction Co. (Attn:' Earl Frith) Phone: 745-3925 Address: 657 Huckleberry Road, NE, Floyd, VA Zip Code: 24091 Locaticn or properly: Tax Map Numoer: gg .02-2-16 lour east side of Indian Grave Magisterial Gistrict; Cave Spring oad u,cmmunity Fanning P.rea: Clearbrook Size of parcel (s): Existing Zoning: AR 42 + acres Existing Land Use; Open sq.ft. .~ • ~„ -.t Prcposed Zoning: AR ~f ~~ SraT use o~/y Prcoosed Land Usa: Church and day-care facility • lose Type: I ~ I ~~ :I Does the parcel meet the minimum Ict area, widt~, and frontage requirements of the reques~ed district? YE5 X NO IF N0, A. V,=,~•~i~^-.;DICE IS REQUIRED FiFS T . Does the parce! meet the minimum criteria for t,'-.~ requested Use Type? YES X NC IF N0, A VARIANCE IS REQUIRED FIRST, ~ If rezoning request, are conditions being proffered with this request? YES NQ :~ ~'' ~I Variance of Section(s) of t`e Rcaneke Ccunty Zoning Ordinar,c: in order to: Is the application complete? Please check if enc'esad. A.rPL 1CA.TION L~11LL NOT 8E ACCEP T E~ IF ANY Oi= THESE ITEMS ?..9E MISSING OR INCOMPC~E. R!5 V R!8 V AIS V X ~ Consultation X $ l r'2" x 1 1" concept plan X ~ A.poiication fee ,.. X ~ Application ~?~~«< Metes and Bounds description X ~<`. Proffers, if appiicacie >;,VF X A.d'oining ro e- owners X ~ Justification ::::~<::~ dater and sa~Ner application 1 p P Y l he~e~y certrry that l am er'ther the owner of the p~operry or the owner's age^t o~ conr~~ct Au~cnascr ono am acrr'ng with the kncwiedge a"(J Or CDnSeni or the owner. Owner's Signature: _ _ +~c~i,+,~~.kJ (4 ~ ~ ~ ~+-~- ~+PPtic'a~'t F3r~1~~I gc~IZr~ llar~ ~"h~~r~tt ~nl,~j~na Y`i'!C= ~''1$f1Pii'1] Ld~ii~il:-'.3ldit krvti{ 5tL'dy ~e20RlR~ ails $~:eC1a~ U52 }~@t'Tlt; f8~:.12St5 t'J ~8~:f-fTilt;@ ii`l~ ri~~L''i o'v jtTSuiiC'eil0i'i -ipf i~8 v°r~1P.'y3 lCt :°"ii~5 ^vt QU~IiC t"EaIYP^, Saiz'.`~, efiU' ~!#!~i:ra~ `N2lioP2. tT'18a57. sfi.a.'vilar t^e YGI~Cv`!li'1C~ QUCSti0I15 3S thnroughiy mS QC35igEe. 1,1$2 du`U~ttiOfioi SpaC3 'tT S-t~r,95aa~'~. P18a~~ 2xpiain Plow tC~E C2gUe5~ TURiiEfS 1i1f3 ,C}Ufy~,q$cs' Oi Lhrr LOC]it1t~ (ji'Q4ti8~1C8 ~.`°,~'CZlCP] JG'~'-~~ $.ni Y42!1 a5 Zi°1c pU1'p09t3 iC7utld dr t>1e begiflning c~ tl'8 appliGabis xQnii'ty dl$~I1Ct'Cl'e4S~TIC327GP1 lri LfSC ~Oiiln~ C}CC.'tZ1®t-rC2. T}Iis prejeci is' a religious asszlrlbly facilit,~ with a duy -care cente. to be locates on ~, ~i ~-- acs site 'cor Evangel ~oursq~lare Church . The site is located along trin east side vi Indian iJrave i'i~3~. Ti1~s regll$St iS fCr a ~peClal USA pera~.at ~t3T the 1'~'~aSt~T Plan of ~ iviitltl-phase blzlldIn~ program wiiil an ultimate size of ~3,OOtl SF with a seating capacity of 500. This facility will aid in the creation of a convenient, attractive and harmonious colrununity and reduce overall land use density and increase the public services tv the conwlunity through child care. . .. ,. °:2asa explain hvav t;ie project eonfo;ms to the gentral guid~(ine3 any ~alie:e~ cc~c,a,ne~ in the RcarioSc= Ccvnr! r'~el~glous 335C1I1biy IaCliltle5 and day-care C°nisrs are per~litted by the zoning ordinances by spesrial use permlt artd are generally conslster3t wltb. the comprehe:~slve plan. street access is available. . Please Mesa*il,e *.ha !ffli73C?(S~ Qf ih8 C2^U°3t 0~ Lh8 ptCp2^~ {LS@IT, Ih2 adjC;ning rrt^v,^.8r;8S, dC1~ tl't2 ^-.v~ fGUili7iil~ iafVyl a5 FMB<< a5 Lt1$ t:TSpBCt:. Qn public s9rvic85 and facilities, tnC(uding Y+ta:9fiS~W$f, iCa'GS, Si.^.'"Jvjj, Q2fn$ifBCf$H~On, $i+~ ;if'~~f~u~CU2. ile progose3 groject will have minimal impact on the adjc~.ining properties with regard tv fire rescue. A day-care center which will offer care for infants throus~h age l2 with a beforeiafter school program will be available tv area schools. A gymnasium and outdoor recreati~slal facilities will provide a new service to the community that will compliment the parlt/recreativn services. Traffic along Indian Grave Road will increase with the facility p~narily S~day mornings and evenings. Aderluate on-srtc parking is props~sed. Storn? water runoff will lie contained though a prapc~sed P~elding pond. TnT~=L P, a~ a~7 1 Y~~•, / ' i -u r' ~~ ~~ ~'~ ~f' I~~~ nl °' ~. _. ~ ~ ~` ,~ ,. scow ,~~ '~- - -'~ --~ -'r --- -- xsl-.Q s -.r - -. '- - -- - s" e I tl ' 1 1 n° 1 ~~ a~i I I' 1 -_ I 1= ~b / n.~ I, I ~ ~~ g~5 ~ ~ '? I I i i /j _ I .Y` II ' r F I-/V ~ _ _ ~ I Nj' ~ ~ r ~~ r ~~ rr rn ~ g^~ '" ~ D ~ ~' ;r~~ b-4 i .o.--__ o_ a ~~ '' ti` ~ i rr,''"-./ n}gip I _. - ~, 'tip? !~~;;~ ; -' _, _ . - ~ ~, ~~ ::;y ,: , ' I . ~y~ ---- - , ~~ _ - " _ n~"~ r==tl --- y r - __ _ _- ~ . ,, _ - - . ... - ~ ' ..- A~ `. f' -. _..-------- - _ y, _... _-''°~ . , - ;. ,, - . -- .' I _. _ _ ~ .• I: __.-, .. .._,_ _ w. ._.._ -... ~ 'f~~ a ,, -~_ .. - _. a ~. ~ ~ / ~ ¢z8 ~~ u a ~. ~ ~ / ~ ~ jl \\~ ~~ 8~1~ Y ' ~G o~Y4 ~ `~ s: '~;o ~~: \\ \ly~ x ~ a - -'9°i ~ ~~ ,I - J 3 4 ~;" ~ 'i = _' r KENNE';H WRIGN~' a 1Y1 T1 P.C. ' i ,,, ~ r f'RVebiEn t3~«.nI.JG ~T-- aownac a ~a ~ I I~~ I, ROAI~'OKE COUN'CY. VIRGINIA s,s.,l;"`~ `°~ ~-~.... ~~ ~.;L' i ,,, .,~ ~~ i'~ ,a :;U r II ~!I 3' ~'~ 'J(•; i ~I i. ;; ~~ ai, >_ 31 A' s I' 1'~ ~~ .~ ~I ~; ~: ;; :. ~~, ;~ ~!, <t ~ ~~. 'I Ali ~' ~; ~!~ -ao' ,~i iii ~, s~~ ~~ -I~~. -.,: jil ;I~ .!~' z ~< ~ J W_ W ~ •~ v u, ~~ ~-~• z "~ i z= z~ z -_ r Rn c ~ _ - ~<1.t, n~ 2y+ STAFF REPORT PETITIONER: Evangel Foursquare Church Trustees PREPARED BY: John Murphy CASE NUMBER: 12- 06/00 DATE: June 6, 2000 PART I A. EXECUTIVE SUMMARY Evangel Foursquare Church is proposing to construct a new church facility with day care center with access from the 5400 block of Indian Grave Road. The total facility is proposed to be 43,000 square feet. This request is for a Special Use Permit for the master plan for a multi-phase religious facility and day care facility. The site is designated in the 1998 Community Plan as Development and is located in the Cave Spring Magisterial District and Clearbrook Community Planning Area. B. DESCRIPTION The Evangel Foursquare Church trustees are requesting a Special Use Permit for the construction of a new religious assembly facility and day care facility, on a 42.64 acre parcel, with a proposed access from the 5400 block of Indian Grave Road. The applicant is requesting the Special Use Permit for the master plan of a multi-phase building plan with an ultimate size of 43,000 square feet with a seating capacity of 500. The day care center plans to offer care for infants through age 12 with abefore/after school program. The site is located in the Cave Spring Magisterial District and the Clearbrook Community Planning Area. C. APPLICABLE REGULATIONS The subject property is zoned AR, Agricultural Residential, and religious facilities and day care centers are permitted in the AR zoning with a Special Use Permit. In considering a Special Use Permit, the proposed development shall conform to the County's Community Plan and other County policies including the purposes of the zoning ordinance, have a minimum adverse impact on the surrounding neighborhood in terms of traffic congestion, noise, drainage and other factors listed in Section 30-19-1 of the zoning ordinance. The Use and Design Standards for a religious assembly require any outdoor activity area which adjoins a residential use type to be landscaped with one (1) row of small evergreen trees in accordance with section 30-92 along the property line adjoining the residential use type. When night-time lighting of such areas is proposed large evergreen trees shall be required. In addition, when parking related to a religious assembly use is adjoining a residential use type, a Type C buffer yard shall be required. The Type C options are: a 15 foot buffer yard with a 6 foot screening, or a 25 foot buffer yard with small evergreen trees and one (1) row of evergreen shrubs. The Use and Design Standards for a day care facility require compliance with the Minimum Standards for Day Care Centers established by the Virginia Department of Social Services. Approval for well and septic systems shall be required from the Roanoke County Health Department. A commercial entrance permit shall be required from VDOT. Additional trip generation information will be required by VDOT during site plan review. Site plan review will be required from Roanoke County to insure compliance with all County .standards including storm-water management. Sealed building plans shall be reviewed by the Building Commissioner and Planning staff. PART II A. ANALYSIS OF EXISTING CONDITIONS Location -The 42.64 acre site is located with frontage on the west side of southbound Franklin Road (Rt. 220), immediately south of Mane Attractions Hair and Tanning Salon. Access is shown on the concept plan from the 5400 block of Indian Grave Road (state route 675), in the Clearbrook Community Planning Area and Cave Spring Magisterial District. Topoeraphy/Vegetation -The proposed site is heavily wooded with mature evergreen and deciduous trees. Currently the highest elevation of the site is 1550' at the southeast corner. The Franklin Road (Rt. 220) elevation, is the lowest point at approximately 1120'. The concept plan shows the proposed church and related facilities to be centered at approximately 1450'. These elevations are based on an engineer's concept plan submitted with the application and these elevations are prior to grading for the site development. Surroundin~Nei~hborhood -The church site is located with access shown on Indian Grave Road. This area is composed of single family homes in the immediate area of the proposed entrance to the church and day care facilities. Indian Grave Road at the intersection with Franklin Road has medical offices, a County park, the Clearbrook Elementary School and the Clearbrook Public Safety Building. The property fronts on Franklin Road immediately south of the Mane Attractions Hair and Tanning Salon. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The building elevations provided by the applicant show aone-story facility, with one section of the sanctuary having a roof peak 38 feet from grade. The youth building shows a 24-foot high roof peak. Building drawings presented at the community meeting at the Clearbrook Civic League showed a contemporary design with a stone and frame facade. The site is readily visible from the Blue Ridge Parkway north of the Franklin Road overpass and from the Roanoke Mountain Overlook Loop. The site has not been engineered and could change based upon the grading needs. Access -Only one (1) access point for the proposed uses is shown on the concept plan from Indian Grave Road. No access is shown or proposed from Franklin Road. The speed limit on Indian Grave Road, a 16-foot wide state maintained road, is posted at 25 mph, and the traffic count is 800 VPD. VDOT has concerns about the sight distance at the proposed entrance and if Indian Grave Road has sufficient capacity to accommodate additional traffic generated from the day care facility. Franklin Road at the intersection with Indian Grave Road has a 24,000 VPD traffic count. Additional traffic generation information will be required by VDOT during site plan review. VDOT has indicated that should access be proposed from Franklin Road they would have a significant concern. Currently the topography and FEMA studied stream limit the possibility of access from Franklin Road. Traffic Circulation /Impact -The concept plan show parking on three sides of the site. One access is shown to the site from Indian Grave Road, with a "loop" turn around at the main entrance to the buildings. The parking areas have a through driveway across the rear of the buildings. Traffic will increase along Indian Grave Road with the religious assembly use primarily on Sundays and for evening services. The day care use will increase traffic on weekday mornings and evenings. Fire & Rescue/Utilities -Fire and Rescue services will continue as presently served. Currently public water and sewer are not immediately available to the site. The closest County utilities currently exist at Franklin Road. The need for connection will depend on Health Department and Utility Department standards. Community_Meetin~ - A community meeting was held at the Clearbrook Civic League Building on the evening of May 30, 2000. Approximately 40 citizens attended the meeting. Rev. Kenneth Wright presented an overview of the church's development plans and responded to questions from the citizens. County planning staff was available to answer questions related to planning procedures and site development standards. There were several concerns raised by the neighborhood citizens including additional traffic and the possibility of the need for road improvements, the operation of the day care center, the number of members of the church and what percentage of the church members live within the Clearbrook community. Reverend Wright indicated that approximately 50% of the church's congregation lives in the Clearbrook area. Reverend Wright indicated that the church has Sunday morning and evening services as well as a Wednesday evening service. He responded from a concern from a citizen, when asked if the church will share in the cost of a traffic signal at Indian grave Road and Franklin Reverend Wright indicated that if necessary, the church would. The hours of the day care were indicated to be from Gam until 6pm. C. CONFORMANCE WITH COUNTY COMPREHENSIVE PLAN The subject property has two Future Land Use designations. The site's frontage on Franklin Road has a Transition designation in the 1998 Roanoke County Community Plan. The upper or western portion of the tract. is designated as Development. According to the concept plan all of the improvements including the structures, parking, stormwater management pond, and entrance are located within the Development designation. Development is the future lane use designation where most new neighborhood development will occur, including large-scale planned developments which mix residential with retail and office uses. A key objective is environmental sensitivity in the site development process. Specifically the Development designation encourages the protection of the site's resources and the incorporation of these environmental features into a development plan. Community activity centers which serve the neighboring residents such as parks, schools, religious assembly facilities, recreational facilities, community clubs and meeting areas are encouraged in the Development areas. In addition Development Future Land Use Areas strongly promote the use of greenways and bike and pedestrian trails in the development of the site. PART III A. STAFF CONCLUSIONS The proposed Special Use Permit request for the Four Square Evangel Church, religious assembly use and day care center is consistent with the Development Future Land Use designation in the 1998 Roanoke County Community Plan. The Virginia Department of Transportation has concerns about inadequate site distance for the entrance as well as the increased traffic generation from the proposed uses. The VDOT comments for this Special Use Permit maybe addressed during the site plan review process. A traffic generation study maybe required as well as the acquisition of additional right of way for any necessary turning lanes and commercial entrance standards. The site is heavily wooded with mature trees. The Community Plan encourages the protection of a site's resources and the incorporation of these resources into the development plan. The site is readily visible from the Blue Ridge Parkway north of the Franklin Road overpass as well as the Roanoke Mountain Overlook Loop. Special provisions should be made as the site is developed to minimize the removal of trees causing a "visual void" in the side of the mountain from the thick growth of trees. In addition restrictions on the building materials and equipment should be considered to minimize the visual impact from surrounding views. Should the Commission support the Special Use Permit request staff recommends the following conditions be considered: 1. The site shall be developed in substantial conformity with the concept plan prepared by LMW Engineering & Surveying, dated Apri128, 2000. If final engineering of the site requires extra grading beyond the immediate area for the church, it shall be necessary for the applicant to reapply for a Special Use Permit. 2. The buildings shall be constructed in substantial conformity with the building elevations prepared by Pierson Engineering & Surveying, dated October 20, 1999. 3. The exterior of the buildings and equipment shall be constructed with non-reflective materials and earth-tone colors to reduce the visibility potential from the Parkway and surrounding views. 4. As the site is graded and/or developed, no trees on the site maybe removed except for the trees in the immediate path of the driveway to the site from Indian Grave Road, the area for the stormwater management facility, the area for the church facilities, day care facilities and parking, as shown on the concept plan prepared by LMW Engineering & Surveying dated April 28, 2000 may be removed. 5. The church shall undertake all transportation and road improvements required by VDOT and deemed necessary to insure that adequate and safe access to the site is provided. ~ ~ J~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE GRANTING A SPECIAL USE PERMIT TO EVANGEL FOURSQUARE TRUSTEES TO CONSTRUCT A FACILITY FOR RELIGIOUS ASSEMBLY AND A DAY CARE CENTER TO BE LOCATED ON INDIAN GRAVE ROAD (TAX MAP NO. 98.02-2-16), CAVE SPRING MAGISTERIAL DISTRICT WHEREAS, Evangel Foursquare Trustees have filed a petition for a special use permit to construct a facility for religious assembly and a day care center to be located on Indian Grave Road (Tax Map No. 98.02-2-16) in the Cave Spring Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. 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 Evangel Foursquare Trustees to construct a facility for religious assembly and a day care center to be located on Indian Grave Road (Tax Map No. 98.02-2-16) in the Cave Spring Magisterial District is substantially in accord with the adopted 2000 Community Plan pursuant to the provisions of § 15.2-2232 of the 1950 Code of Virginia, as amended, and said Special Use Permit is hereby approved with the following conditions: (a) The site shall be developed in substantial conformity with the concept plan prepared by LMW Engineering & Surveying, dated April 28, 2000. If final engineering of the site requires extra grading beyond the immediate area for the church, it shall be necessary for the applicant to reapply for a special use permit. U:\WPDOCS\AGENDA\ZONING\evangel foursquare.sup.wpd 1 a (b) The buildings shall be constructed in substantial conformity with the building elevations prepared by Pierson Engineering & Surveying, dated October 20, 1999. (c) The exterior of the buildings and equipment shall be constructed with non- reflective materials and brown and gray colors to reduce the visibility potential from the Parkway and surrounding views. (d) As the site is graded and/or developed, no trees on the site may be removed except for the trees in the immediate path of the driveway to the site from Indian Grave Road, the area for the storm water management facility, the area for the church facilities, day care facilities and parking, playground area and area for the septic drain fields, as shown on the concept plan prepared by LMW Engineering & Surveying dated April 28, 2000. (e) The church shall undertake all transportation and road improvements required by VDOT and deemed necessary to insure that adequate and safe access to the site is provided. (f) No access shall be permitted from Franklin Road to the property. 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. U:\WPDOCS\AGENDA\ZONING\evangel foursquare.sup.wpd 2 O~ POAN ~~` ~ 9 .. Z ov a 1839 AGENDA ITEM NO. S _ S APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN 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, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/NES L/STED BELOW; • Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. . ^ All comments must be directed to the oard. Debate between a recognized 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 to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ~_;1-1,~) ~A ~r ADDRESS: PHONE: ~~p~- O~~~p~ AGENDA ITEM NO.s' S APPEARANCE REQUEST ROAN ,~ ~ f' .p /.. :t Z o a y838 UBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~'v~ ~ ~. ~: ~ ~ou~G u~R~. ~' .~ ~R~N 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, / W/LL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO.4B/DE BY THE GU/DEL/A/ES L/STED BELOW: ~ Each speaker will be given between three to five minutes to comment whether speaking as an individual or representative. The Chairman will decide the time limit based on the number of citizens speaking on an issue, and will enforce the rule unless instructed by the majority of the Board to do otherwise. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the oard. Debate between a recognized 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 andlor comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them. PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: C'A r~ t` rich 1N~1?son(' ~'iitr.~-o~y's ADDRESS: ~G ~ s ~/r'/~~ylrL~nr /~~ PHONE: 9 s~~ o ~~ a ROAN O ~ :; ~ z a ° AGENDA ITEM NO s X638 APPEARANCE REQUEST PUBLIC HEARING -ORDINANCE _ CITIZEN 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, /WILL G/VE MY NAME AND ADDRESS FOR THE RECORD, /AGREE TO AB/DE BY THE GU/DEL/IVES LISTED BELOW; ~ Each speaker wil-I 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. ^ The speaker will be limited to a presentation of his/her point of view only. Questions of clarification may be entertained by the Chairman. ^ All comments must be directed to the oard. Debate between a recognized 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 andlor comments with the Clerk to the Board. ^ Individuals speaking on behalf of an organized group shall file with the Clerk written authorization from the Group allowing the individual to represent them, PLEASE PRINT LEGIBLY AND GIVE TO THE CLERK TO THE BOARD NAME: ADDRESS: l_ S/) / ~,O~a~~ ~:~ I ~ ~~ ~,._ n ~ PHONE: __ ~ ~ ~-/~= ~~} ~ - s- S June 1'1 - 26, 2000 We the Members of Indian Grave Road in the Clearbrook Community are ~Q~ in support of the Evangel Foursquare Church being built on the 42.6 acres located in the 5400 block of Indian Grave Road in S.W. Roanoke County. If we the Members of Indian Grave Road have answered NO to giving or selling any portion of our land to widen Indian Grave Road in order to support or aid in the construction of Evangel Foursquare Church, we would like to go on record as stating so. NAME ADDRESS TELEPHONE I am not willing to sell any part or portion of my land if Indian Grave Road has to be widen to support or aid in the construction of Evangel Foursquare Church. (Please state yes, no or N/A) ' s~s~ . ~ ~,~ ~~~ 9 ~y. ~~t~ ti~ 5 ,~ :~- , ~ .._- ~~ ~: , _~ S.~r -~q ,-~, G~~. 77 % ~~~ 5~y~ i.,~b>~~l ~~~~~ rPd, 7 - 3. 110 ,!~ ~ , -~°J-- ~ ~ ~ ~ ' 1 :, ~- _ . /~~; :~- ~ `f I ?' ;,~ _ fir,; ~f: /~,,,~ ~ r~ r~ / J Vii' .~,- i ~", .. / M ~ ~1 ~ _ f ~~ ~ ~ ~l ( `_ ~. i. ` i !~ f~~ i.-fJ~/.i`' ~i ,nom/' ~!~it .~~ , ~ ' / ~ i a'~° `f _ ~4. 1 L~ ~l 1 4 ~~/ t~ /7,' ~ ~ ~ ~ - -a d ~ !~n ~ C~ 1 ~i ~ ,; /"1 / ~ June 1'1 - 26, 2000 We the Members of Clearbrook Community are ~Q~ in support of the Evangel Foursquare Church being built on the 42.6 acres located in the 5400 block of Indian Grave Road in S.W. Roanoke County. N ADDRESS TELEPHONE ~~ ~ ~.~, d ~. ~~., . - ;~_ ~ J / 4. --~.~-~ <-:,, ,~~~ _ ~ _~~ ~ ~ ~- ~ , ~~.. 1, S N -, _ ~ / h .~'~ +~ z ' Q' ~ 1. ~ ' C~ ~ ~ t ~ - . ~, 1, 1 ~ ~/t ..-.~ J ~~~ 4[a~t_ .L 1 1, ' F~~.J t: ~ l 14 ~~^ ~; 'F~ i tG _ `r ` Y aw~`c'~ ~ C- _-- ~ ~ ~i t"~ ~ ~ 7~~F ~- ~ 1~ -~ - 5 Tax Map No. Corrected 7-6-00 from 27.15-5-47 to 27.13-5-47 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-12 AMENDING THE CONDITIONS IN ORDINANCE 032399-9 WHICH GRANTED A SPECIAL USE PERMIT TO VAUGHN WILBURN TO CONSTRUCT MINI-WAREHOUSES TO BE LOCATED IN THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.13-5-47), HOLLINS MAGISTERIAL DISTRICT, UPON APPLICATION OF THREE W. CORP. WHEREAS, by Ordinance 032399-9 Vaughn Wilburn, President of Three W. Corp., was granted a special use permit to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No.27.13-5-47) in the Hollins Magisterial District, subject to certain conditions; and WHEREAS, Three W. Corp. has requested that those conditions be amended; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that Ordinance 032399-9 which granted a special use permit to Vaughn Wilburn, President of Three W. Corp. to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District, subject to certain conditions, be, and hereby is amended by the removal of the following paragraph (1) and substitution of a new paragraph (1) as follows: ~ ,~ ~~ •, (1) Afong the entire south and east side, Leyland Cypress, minimum 5 feet in height at time of planting, shall be placed a maximum of 8 feet on center, in a staggered design. On the west side, Photinia x fraseri (Red Tip) - 2-3 feet tall at time of planting, shall be placed 7-8 feet on center to achieve full screening. The existing screen fence and vegetation along south Drive shall be maintained, or replaced to provide similar screening. 2. That all other conditions (2) through (5) approved by Ordinance 032399-9 shall remain in full force and effect. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with condition #1 amended 2 to include planting of Red Tips; and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~~• ~~c~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney ~~,.. r+ ,r , ~ ~- '"' ~,, ~~~ ~ z~,. M ~o 9,,~y ~~ Q .~ ~~° ~ ~s. ~ ~ `: 1 rots '~,,, r ~ ~. .' {M,~, ~t I Y l ~ ~TN 2 { rr II ~- ; 5 ~ 25 ~ ~ ~ ~~' >s ~' ~ J Thral ~ iT ~'~ !B i( 17 ~ ~ V` ,~ ° ~ ~ 4~~r~r¢ , °, o- ~, \ ~ 9• 1 16 ~ \'~ 2g o 2s ~ ~~'y \~ J~ 9 2.9 ~ rrn ; Q ~ ?, ~ 48. 45.~r~~ N \ ~ n \\\ `~ccnn • -t. 5~ ,~ G~ ~~ ' \ ~~ . ~~ ~ ~ A Y~ ,~ ~ ~,; ,r °:r t ~. '~ r ~~ ~ ~ ~~, „7 a 1 L„ ~- ' ~ ~?, V 14 I~ L,-I l ~ t 1 I ~ I l f ~. ^S '', , °~~ ~i I ,:jz ~ w ~ . ~ '~ 5-Co t~'A~tTH ROANOKE COUNTY DEPARTMENT OF Three W. ~'or~aortxt2on COMMUNITY DEY~LOPMENT __~ -..~, - '~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-12 AMENDING THE CONDITIONS IN ORDINANCE 032399-9 WHICH GRANTED A SPECIAL USE PERMIT TO VAUGHN WILBURN TO CONSTRUCT MINI-WAREHOUSES TO BE LOCATED IN THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.15-5-47), HOLLINS MAGISTERIAL DISTRICT, UPON APPLICATION OF THREE W. CORP. WHEREAS, by Ordinance 032399-9 Vaughn Wilburn, President of Three W. Corp., was granted a special use permit to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.15-5-47) in the Hollins Magisterial District, subject to certain conditions; and WHEREAS, Three W. Corp. has requested that those conditions be amended; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that Ordinance 032399-9 which granted a special use permit to Vaughn Wilburn, President of Three W. Corp. to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District, subject to certain conditions, be, and hereby is amended by the removal of the following paragraph (1) and substitution of a new paragraph (1) as follows: 11 f •f f 1 1 (1) Along the entire south and east side, Leyland Cypress, minimum 5 feet in height at time of planting, shall be placed a maximum of 8 feet on center, in a staggered design. On the west side, Photinia x fraseri (Red Tip) - 2-3 feet tall at time of planting, shall be placed 7-8 feet on center to achieve full screening. The existing screen fence and vegetation along south Drive shall be maintained, or replaced to provide similar screening. 2. That all other conditions (2) through (5) approved by Ordinance 032399-9 shall remain in full force and effect. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. On motion of Supervisor Johnson to adopt the ordinance with condition #1 amended to include planting of Red Tips; and carried by the following recorded vote: 2 AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Terry Harrington, County Planner John W. Birckhead, Director, Real Estate Valuation Paul M. Mahoney, County Attorney .,. ~ ~~,,.. ,,» ~ ~ ,~ „` ~ ° ~ '~ ~,1 s ~~ Oo \~ 23~ ~~ $~d~~\ a 25 25 ~\~4~. a9' 12 40.~~ 14b \ '~, ~s ~ ~ o ~ ~ ~ g. `~ ~ 16 1.~~~~q~ 25 ~g 29 "]~ 52.9 ~ 27 46. ~ ~2 C~~~~v~ Vj ~ +~ ~~ ~~ ~~ A 1 .~1 ~/~i ~~ ~;~ R OANOKE COUNTY DEPARTMENT OF Three W. Corporation COMMUNITY DEVELOPMENT / 1~~ TH ,' ~ I'ETITiONER: THREE W CORPORATION CASE NUMBER: 13-06/2000 Planning Commission Hearing Date: June 6, 2000 Board of Supervisors Hearing Date: June 27, 2000 E+J..... ~ aer A. REQUEST Petition of Three W Corporation to amend a condition attached to a Special Use Permit related to landscaping at amini-warehouse facility, located in the 7200 block of Barrens Road, Hollins Magisterial District. B. CITIZEN COMMENTS None C. SUMMARY OF COMMISSION DISCUSSION The commission discussed the existing landscaping condition #1 from Ordinance 032399-9, which granted a Special Use Permit for Mini-Warehouse, issued March 23, 1999. Mr. Holladay read a modified condition #1 based on the Planning Commission's field visit and discussions. The commission commented that existing screen fence and vegetation on the west side of the site provided adequate screening. They also commented that the existing staggered row of Leyland Cypress in the south buffer yard was a desirable design. The commission proposed a further modified condition #1. Conditions #2, #3, #4, and #5 from the original Special Use Permit, Ordinance 032399-9, shall remain unchanged. D. CONDITION Amended condition #1 to read as follows: 1) Along the entire south and east side, Leyland Cypress, minimum 5 feet in height at planting, shall be placed a maximum of 8 feet on center, in a staggered design. Existing screen fence and vegetation along South Drive shall be maintained or replaced to provide similar screening. E. COMMISSION ACTION(S) Mr. Ross moved to recommend approval of amended condition #1, with conditions #2 through #5 unchanged. The motion carried with the following roll call vote: AYES: Ross, Witt, Thomason, Hooker, Robinson NAYS: None ABSENT: None F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: ~ Concept Plan ~ Vicinity Map _ Staff Report Other Terrance H~` mgton, cretary Roanoke County Planning Commission C*0~ Roanoke County Department of Community Development Memorandum TO: Planning Commission FROM: Terrance L. Harrington, AICP ''~+ DATE: May 30, 2000 RE: Request to Modify Special Use Permit Condition; Three W Corporation; Mini-Warehouses; Barrens Road. Request• Three W Corporation has requested a revision to a Special Use Permit and conditions granted by the Board of Supervisors on March 23, 1999. The permit authorized the construction of a mini-warehouse project in a C-2 zoning district. The approved 1999 ordinance was subject to five conditions. Condition #1 referenced landscape requirements for the project. It is this condition that the applicant wishes to revise. Background: Three W Corporation requested the mini-warehouse special use permit in the Spring of 1999. The Planning Commission held a public hearing on March 2, 1999 and recommended approval of the permit with five conditions. Condition #1 pertained to landscaping, and stated: A minimum (6) foot planting strip shall be provided adjacent to Barrens Road for the full length of the site which shall include a minimum of one (1) large deciduous, large evergreen, or small deciduous tree planted every 30 feet. This landscape condition was in addition to zoning code required screening and buffering along the South (Peters Creek Apartments) side of the property. The original application for this request proposed a Type C Option 1 buffer and screening. This standard requires a fifteen (15) foot wide buffer yard, and a six foot high fence. ,~. `~.~"`a The Board of Supervisors received the Commission's recommendation on March 23, 1999. Board members commented at that time that the recommended and required screening did not adequately screen the mini-warehouses from Burlington School, Peters Creek Apartments, or the residences on South Drive. The Board, in approving the request, revised Condition #1 to read: A planting strip as shown on the attached plan entitled "1st Security Self Storage, Roanoke County Virginia" prepared by Providence Engineering, dated 3/23/99, shall be provided adjacent to Barrens Road, South Drive and the Peters Creek Apartments. Leyland Cypress trees shall be planted within this planting strip. The trees shall be a minimum of 10' in height at the time of planting, and shall be planted no more than 5' on center. Subsequent to the Board's approval, the applicant submitted, and the County approved, a set of site and landscaping plans for this project. These plans complied with County screening and buffering standards and all Board imposed conditions including those relating to landscaping. Construction of the project commenced. As the project was nearing completion, the applicant advised the County that the required landscaping plan was too expensive to implement. In addition, County engineering staff expressed concern that the required landscaping along the South side of the property (Peter's Creek Apartments) had the potential to conflict with a County drainage easement and facilities in this area. This current request was filed to modify landscaping requirements for this project. Current Site Conditions and Landscauinq Proposal: The project is substantially complete, and a temporary certificate of occupancy has been granted. No new landscaping currently exists along Barrens Road. No new landscaping has been installed along the South side, however, some landscaping does exist in this area on the Peters Creek Apartment property. Along the east side of the property (South Drive), an old privacy fence, and "volunteer" vegetation are in place. This old fence and screening substantially screen the east side of the mini- warehouse project. The applicant's current proposal is as follows: Barrens Road Side: Nine 3.5 inch caliper (7-8feet?)Bradford Pear trees are proposed along a 310 foot distance. In addition, nine white pine trees (8-10 feet) are proposed for this side. Finally, the applicant proposes a undetermined number of 3 gallon Pigmy Barberry bushes, as a low lying shrub, near the base of the building. This proposal meets/exceeds the requirements of the zoning ordinance, but does not meet the conditions on the existing special use permit. South Side: No trees or fencing are proposed. Landscaping consists of an undetermined number of 3 gallon Eleagnus shrubs. This proposal does not meet minimum code requirements, nor does it meet existing special use permit conditions. Acceptance of this proposal will violate zoning standards. County engineers have advised the planning staff that the planting of trees on this side has the potential to interfere with the storm drain in this area. Trees can be planted, and can be expected to grow normally. However, should the storm drain need to be excavated in the future, the trees in this area could be disturbed, and would need to be replaced by the County. East Side: A six-foot high privacy fence is proposed. No landscaping is proposed. The proposed fence does not comply with the special use permit conditions. summary: The applicant's request is for the purpose of (1) reducing the cost of the required landscaping, and (2) addressing the issue of planting trees within a storm drainage easement. Issues pertaining to the cost of the landscaping should have been addressed by the applicant prior to the construction of the project. The applicant, by requesting a building permit and constructing the project, agreed to construct the project in accordance with the special use permit and the approved plans. Any request to modify the special use permit should have been made prior to the construction of the project so that the Commission, Board and community could fairly evaluate the impact of a revised screening proposal. -> '°' The landscaping plan required by the Board will have the immediate effect of significant screening at the time of planting. This was the intent of the Board given the project's location near the school and the surrounding residences. The applicant's proposal does not adequately screen the residences on the South side, and does not meet minimum code requirements that cannot be waived by the approval of modified special use permit conditions. Staff believes that trees can be placed/located within the drainage easement to minimize the potential of conflict with the storm drain. To this end, staff believes a minor modification to the required landscaping condition should be granted to allow the staff the discretion to specify the location and number of required trees on the south side. Staff recommends that all other landscaping requirements remain as approved in 1999. W A--~ O ~ 77-~ ~~{ rV1 w r~ ~ ~~ ~~ ~~ ~~ ~~ ~--~ U W w u w Co 3 z O F4 z ~" _ ~~o~ ~~~~~~ o~,~.~x~ r~1 3 a ~ ~ w oa ~r_-1 O ~ i-~1 N M 00 M ~ ~ M -7N"a W W ~/ W ~~ L/~ ~Mw I a~ ~~ ~N ~~ ~ 0 ~~ a \ ~ 1' \ '~ ,,, ~~ ~1 ~~ .~ `~ ~ ~ 23~~ ~.~ \~~ 38.1 ~~. °o ~'~ 't7` r rGt,S ~ `' 96 ;, 2 '~~ $6 TD2~ 1 ' `~ 15 Zy ~ ~ 4~ ~ ~,~ ~~ Thrse W Corporation `r ~ re ~ ~' 1 ~ ~ s ~°~ o s~ 9. ~ ;s ~ ti i 3\ ~~ 25 p ~9 ~ ~~ tp ~o0 52.x` ~ 10 00 2: 46. 4r9. ~r~~ N O ~ d s' ~ r'. ~\ '` L f 50 °~ r 3 ~--, ~ ~ ~ ~ ~y\ ~ e ,;' ~ V .'h .. yV ~'~i ~~ ~~ :y .a ~O ~~y ,~- ~, a ~~%, t` .T 7. 1 Ac. . -~- ~- 1~O~TH \\~~~ (\'^\/ L \~ V ~~ \; L/ ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Three W. Corp oration AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE AMENDING THE CONDITIONS IN ORDINANCE 032399-9 WHICH GRANTED A SPECIAL USE PERMIT TO VAUGHN WILBURN TO CONSTRUCT MINI-WAREHOUSES TO BE LOCATED IN THE 7200 BLOCK OF BARRENS ROAD (TAX MAP NO. 27.15-5- 47), HOLLINS MAGISTERIAL DISTRICT, UPON APPLICATION OF THREE W. CORP. WHEREAS, by Ordinance 032399-9 Vaughn Wilburn, President of Three W. Corp., was granted a special use permit to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.15-5-47) in the Hollins Magisterial District, subject to certain conditions; and WHEREAS, Three W. Corp. has requested that those conditions be amended; and WHEREAS, the Planning Commission held a public hearing on this matter on June 6, 2000; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on May 23, 2000; the second reading and public hearing on this matter was held on June 27, 2000. NOW, THEREFORE BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the Board finds that Ordinance 032399-9 which granted a special use permit to Vaughn Wilburn, President of Three W. Corp. to construct mini-warehouses to be located in the 7200 block of Barrens Road (Tax Map No. 27.13-5-47) in the Hollins Magisterial District, subject to certain conditions, be, and hereby is amended by the removal of the following paragraph (1) and substitution of a new paragraph (1) as follows: ~~ •, U:\WPDOCS\AGENDA\ZONING\three w. corp.amendcond.sup.wpd 1 .~ -- La (1) Along the entire south and east side, Leyland Cypress, minimum 5 feet in height at planting, shall be placed a maximum of 8 feet on center, in a staggered design. Existing screen fence and vegetation along South Drive shall be maintained or replaced to provide similar screening. 2. That all other conditions (2) through (5) approved by Ordinance 032399-9 shall remain in full force and effect. 3. That this ordinance shall be in full force and effect thirty (30) days after its final passage. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be, and the same hereby are, repealed. The Zoning Administrator is directed to amend the zoning district map to reflect the change in zoning classification authorized by this ordinance. U:\WPDOCS\AGENDA\ZONING\three w. corp.amendcond.sup.wpd 2 C Corrected 8-16-00 (Page 7, Paragraph ~), line 10) AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-13 AMENDING AND REENACTING SECTIONS 21-150 "DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152 "PAYMENT AND COLLECTION OF TAX", 21-154 "REPORT OF TAXES COLLECTED; REMITTANCE; PRESERVATION OF RECORDS", 21-156 "TIPS AND SERVICE CHARGES", 21-163 "VIOLATIONS OF ARTICLE" AND 21-164 "EXEMPTIONS", OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE COMMONWEALTH WHEREAS, the 2000 session of the General Assembly adopted HB 255 with the objective of requiring uniformity for imposition and collection of meals tax by localities throughout the Commonwealth; and, WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the second reading and public hearing was held on June 27, 2000. BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the following sections of Article VI I of Chapter 21 of the Roanoke County Code be amended and reenacted as follows: ARTICLE VII. TAX ON FOOD AND BEVERAGES Sec. 21-150. Definitions. The following words and phrases, when used in this article, shall have, for purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (a) Bever, As_„used~ herein _ the term beverage shall mean alcoholic 1 beverages as defined in,the ,Code of,Vir inia 4.1-100 and nonalcoholic beverages, served _as ,a ,~art,of a„meal and,purchased„in and. from_a food- establishment. (b) Cater:,The furnishing,of food~beverages,~or both on thepremises of another. for compensation. , (c) Colle,ctor,,,The-,commissioner of the revenue or his/her desi-gnee, (d) Commissioner of the Revenue: The commissioner of the revenue of the County of Roanoke, and any of his/her duly authorized deputies, assistants, inspectors, employees or agents. (e) Food: All food~urchased, in,or from,a food,establishment,~.w_hetherpre~ared in, such„food ,establishment or not and whether consumed on the 'premises or_not,_and without regard to the manner t~,_ ime,,or place of service. ~q-~t~} r (f) Food,_establishment: Any place where food is^prepared for service to the. public on or off the remises or any place where food is servedl,includingbut. not limited to lunch rooms short order placesL,cafeterias~,_coffee_ shopsL taverns,, delicatessens dining,,, accommodations of ,public orMprivate corporations dining,,.,accommodations of public and private schools and colleges,, mobile points.of food service such as push cart operations hot dog stands„and„similar„operations „and„grocery,stores,and convenience stores selling preparedrfoods_ ready,,for human consumption` as a delicatessen counter, ~ Meal' Meal shall mean any prepared food and beverage as defined herein offered or held, out forsale,b~ a food establishment_for the,purpose of being. consumed bar an~~erson to satisfy! the appetite and is ready_for immediate consu,,,mption. All such food and beverayge u~ nless otherwise specifical~ exemptedvor--excluded herein shall_be, included whether intended to be consumed on, the aell~r's,premises, or, elsewhere, ,whether _desi,gnated as breakfast lunch snack dinner_ supper or bit some other name and without u~w~_.___._ .~~._._~..a.~~ ~~~_~......~_~...~~~~~_ ~~....~.~_~~__._~~z_...~_.~..~~_~._...~ reg_ard,to„the,marine_r,,,tim_e_or_place,of,service; (h) Person: Any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (i) Purchaser: Any person who purchases food in or from a restaurant or from a caterer. . , Q) Seller: Any person who sells food in or from a food establishment ~t or as a caterer. (k) Treasurer. The treasurer of the County of Roanoke and any of his/her duly authorized deputies, assistants, employees or agents Sec. 21-151. Levy of tax; amount. There is herebX imposed and levied bathe County of Roanoke on each~erson a tax at the rate of four 4 ercent on the amount aid for food and bevera es urchased from any food establishment whetherprepared in_such food establishment or not and whether ....~ ,. ,.,.,._...,_......,......,.,~._.......1...,,,......,....v.,~.., ... ... ............~.............~~.........., .....,......,,,........,.., ..,..,....L...~.,_..,......1.., _,._,...1.,.. 3 consumed on the remises or not. . In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. Sec 21-152. Payment and collection of tax. Every person receiving"an~payment,for food e} with respect to which a tax is levied under this article shall collect and remit the amount of the tax imposed under this article from ,the person on whom the same. is levied,or from the"person~aying for such. food at the time payment for such food is made ,whether the payment is to be made in cash or on credit by means of a credit card or otherwise; proyided,_howeverwno blind„person,ageratin a yendin,g„stand or other business,enterpnse_under the jurisdiction of the Department of the Visually, handicapped and, located on„propert~_ acquired and used_~,the United State for and militate or naval,pu~ose shall, be required to collect or remit such taxes. The amount of tax owed by the purchaser shall be added to the cost of the food by the seller who shall pay the taxes collected to the County as provided in this article. Taxes collected by the seller shall be held in trust by the seller for- Roanoke, Co_un~ until remitted to the county. **** Sec. 21-154. Report of taxes collected; remittance; preservation of records. It shall be the duty of eyerx person required,by this article,to.p~ to the Count roof Roanoke the taxes im~posedrbX this article to make a report thereof setting forth such information as the Commissioner mom,prescribe and require,. -including all purchases taxable under this article,,- 4 the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. Such records shall_be kept and,preserved for,a,~eriod of five. ~5~~ears„The Commissioner shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such.. person. #i~e-setle~, for the purpose of administering and enforcing the provisions of this article, and to make copies of all or any parts thereof. **** Sec. 21-156. Tips and service charges. Where a purchaser provides a tip or gratuity for an employee of a seller, and the amount of the tip/ rte, atuity is wholly in the discretion of the purchaser, the tip/ r_g atuity is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided in the latter case, the full amount of the tip/gratuity is turned over to the employee by the seller. An amount or percent, whether designated as a tip~ratui~ or service charge, that is added to the price of the food .and. beverages t~af by the seller, and required to be paid by the purchaser, is a part of the selling price of the food ,and beverages, and is subject to the tax imposed by this article. **** Sec. 21-163. Penalty+"for violations of article. (a) It shall be unlawful and a violation of this chapter for any person to fail, refuse or neglect to comply with any provision of this article. Such violation shall constitute (I) a Class 3 misdemeanor if the amount of tax levied or assessed in connection with any return required by this article but unpaid as of the date of conviction is one thousand dollars ($1,000.00) or less, or (ii) a Class 1 misdemeanor if the amount of tax levied or assessed in connection with any return required by this article but unpaid as of the date of conviction is more 5 than one thousand dollars ($1,000.00). (b) Except,as,_provided in_ subsection _~a~ above,_ any corporate or_partnership officer as defined in Vir~inia_Code_§,58;1-3906,,orany,other person_required to collect account for, erpayover the meals tax imposed under this article who willful) fails to collect or truthf,,.,.ully, accoum for or a over such tax, or who willfully evades,or attem_pts_to, evade such tax or payment thereof shall ...~.__~~_ ...~....- ..... ~........._~~~~ ~_-- _...v_,_.. ..w. ~_ _~_..~.~. -~s in.addition.to„any_,other penalties_ impesed„by law,,, be_guilty,of a,_Class 1. misdemeanor. (c) {~ Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. Any agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer of Roanoke County. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 21-164. Exemptions. ~ The tax imposed under this ordinance shall not be levied on the followin~_items when served exclusively for off-premises consummation: Factory-prepackaged donuts ice cream crackers nabs, chips, cookies items of essentially_,the same nature ........~~~..~.~......~__..........~_~..........~.~.~... ... _ .. ..._ ..~s Food sold in bulk For the purposes of thisprovision a bulk sale shall mean the sale, of any item that would exceed the normal customary and usual~ortion sold for on-premises consumption ~e,.g.t_a whole cake a gallon of ice cream~~ a bulk sale shall not include a~food or beverage that_is, catered, or,delivered„by_ a food establishment for off premised consumption, Alcoholic and non-alcoholic beverages sold in factory sealed container. 6 Any food or food product purchased with food coupons issued by the United States Department, of _A`griculture .under the FoodwStamp Prog_ram, or,drafts_issued, through_the Virginia, S~?ecial Supplemental Food,Program,_for_Woman, Infants and Children. Any food or food_product gurchased for home consumption as defined in,the federal Food Stamp Act. of 1977 7 U.S.C. X2012, as amended except,,,_,hot ,faod_„ or, hot,,,food,,, products ,.,ready„_„for ,immediate. consumptionR_, For.,,the purposes of administering the tax levied hereundera__, the , followingitems whether or not _,purchhased for immediate_consumption_,are excluded from the said definition of food in the,federal,F_ood Stamp Act;,sandwiches,; salad,baritems sold from. a salad bar,_~re,_p_acka~ed si ale-serving,sal_adsrconsisting}primaril~of an assortment of vegetablMe ,and nonfactor sealed bevera eg ,s. This subsectionvshall_not,affectprovision set forth in subpara_,gra~hs (c~Y (3~, (4~,and (5~__herein,below, A grocery store, supermarket or convenience store shall not be subject to the tax exce,~?t for any portion or section therein designated as a delicatessen or designated for the sale of prepared food and beverages. ~ The tax imposed hereunder shall not be levied on the followinq purchases of food and beverages (1) {-~ Food anal beverages furnished by food establishments r~~:~s to employees as part of their compensation when no charge is made to the employee. (2) {{~j Food and, beverages. sold by ~e~afit day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (3) {e~ Food an_d, beverages for use or consumption and which arevpaid for direct~by the Commonwealth, any political subdivision of the Commonwealth or the United States. (4) {d-) Food and. ,beverages furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm, et° handicapped,, battered,women,, narcotic addicts or alcoholics or other extended care facility to patients or residents thereof~~ (5) {ej Food and beverages- furnished by a public or private non-profit charitable organization or establishment or a .private establishment that contracts with_the,_appropriate_agenc„y,_of_the,Commonwealth_ta offer meals at,concession_prices_toetderly, infirm, blind handicapped or needy person in their homes or at central locations. (6) {f) Food and "bevera_ges sold on an occasional. basis _(_not,,more,than. three times,_per,calendar_~iear~ by anon-profit educational, charitable or benevolent organization, church, or religious body~ i~asfs as afund-raising activity the dross roceeds of which_are to be used.. by_ such- organization___exclusivel~_ for non-profit educational,l charitable benevolent or religious purposes Food and beverages sold through vending machines. (8) {~) Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rule and regulations issued pursuant thereto. **** 2. That this ordinance shall be effective on and from July 1, 2000. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors s CORRECTION ON PAGE 7 PARGARAPH (5) LINE 10 WHICH , subsection shall not affect provision set forth in subparagraphs (c) cc: File Joseph B. Obenshain, Senior Assistant County Attorney 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. Harris, 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 Attorney 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 Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, IT Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks & Recreation & Tourism Gardner Smith, Director, Procurement John W. Birckhead, Director, Real Estate Valuation Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 9 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE 062700-13 AMENDING AND REENACTING SECTIONS 21-150 "DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152 "PAYMENT AND COLLECTION OF TAX", 21-154 "REPORT OF TAXES COLLECTED; REMITTANCE; PRESERVATION OF RECORDS", 21-156 "TIPS AND SERVICE CHARGES", 21-163 "VIOLATIONS OF ARTICLE" AND 21-164 "EXEMPTIONS", OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE COMMONWEALTH WHEREAS, the 2000 session of the General Assembly adopted HB 255 with the objective of requiring uniformity for imposition and collection of meals tax by localities throughout the Commonwealth; and, WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the second reading and public hearing was held on June 27, 2000. BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: That the following sections of Article VI I of Chapter 21 of the Roanoke County Code be amended and reenacted as follows: ARTICLE VII. TAX ON FOOD AND BEVERAGES Sec. 21-150. Definitions. The following words and phrases, when used in this article, shall have, for purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: (a) Bevera e: As used herein the term bevera e shall mean alcoholic bevera es as defined in the Code of Vir inia 4.1-100 and nonalcoholic 1 bevera es served as a art of a meal and urchased in and from a food establishment. (b) Cater. The furnishin of food bevera es or both on the remises of another for com ensation. , (c) Collector. The commissioner of the revenue or his/her desi nee. (d) Commissioner of the Revenue: The commissioner of the revenue of the County of Roanoke, and any ofhis/her duly authorized deputies, assistants, insctors employees or agents. (e) Food: All food urchased in or from a food establishment whether re ared in such food establishment or not and whether consumed on the remises or not and without re and to the manner time or lace of service. ~°rq-aflet #eae}s: (f) Food establishment: An lace where food is re ared for service to the ublic on or off the remises or an lace where food is served includin but not limited to lunch rooms short order laces cafeterias coffee sho s taverns delicatessens dinin accommodations of public or rig_ vate cor orations dinin accommodations of ublic and rivate schools and colle es mobile oints of food service such as ush cart o erations hot do stands and similar o erations and rocer stores and convenience stores sellin re ared foods read for human consum tion as a delicatessen counter. ~ Meal: Meal shall mean andprepared food and beverage as defined herein offered or held out for sale b a food establishment for the ur ose of bein consumed b an erson to satisf the a etite and is read for immediate consum tion. All such food and bevera e unless otherwise s ecificall exem ted or excluded herein shall be included whether intended to be consumed on the seller's remises or elsewhere whether desi Hated as breakfast lunch snack dinner su er or b some other name and without re and to the manner time or lace of service. (h) Person: Any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (i) Purchaser.• Any person who purchases food in or from a restaurant or from a caterer. . , Q) Seller: Any person who sells food in or from a food establishment ft~t or as a caterer. . , (k) Treasurer. The treasurer of the County of Roanoke and any of his/her duly authorized deputies, assistants, employees or agents Sec. 21-151. Levy of tax; amount. There is hereb im osed and levied b the Count of Roanoke on each erson a tax at the rate of four 4 ercent on the amount aid for food and bevera es urchased from an food establishment whether re ared in such food establishment or not and whether consumed on the remises or not. 3 . In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. Sec 21-152. Payment and collection of tax. Every erson receivin an a ment for food el with respect to which a tax is levied under this article shall collect and remit the amount of the tax imposed under this article from the erson on whom the same is levied or from the erson a in for such food at the time payment for such food is made ,whether the payment is to be made in cash or on credit by means of a credit card or otherwise rovided however no blind erson o eratin a vendin stand or other business enter rise under the Jurisdiction of the De artment of the Visuall handica ed and located on ro ert ac uired and used b the United State for an militar or naval ur ose shall be re uired to collect or remit such taxes. The amount of tax owed by the purchaser shall be added to the cost of the food by the seller who shall pay the taxes collected to the County as provided in this article. Taxes collected by the seller shall be held in trust by the seller for Roanoke Count until remitted to the county. **** Sec. 21-154. Report of taxes collected; remittance; preservation of records. It shall be the duty of ever erson re uired b this article to a to the Count of Roanoke the taxes im osed b this article to make a re ort thereof settin forth such information as the Commissioner ma rescribe and re uire includin all urchases taxable under this article 4 the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article. Such records shall be ke t and reserved fora eriod of five 5 ears. The Commissioner shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such e~rson #~re-seHer, for the purpose of administering and enforcing the provisions of this article, and to make copies of all or any parts thereof. **** Sec. 21-156. Tips and service charges. Where a purchaser provides a tip or ratuit for an employee of a seller, and the amount of the tip/ ratuit is wholly in the discretion of the purchaser, the tip/ ratuit is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided in the latter case, the full amount of the tip/ ratuit is turned over to the employee by the seller. An amount or percent, whether designated as a tip r, g,, atuity. or service charge, that is added to the price of the food and bevera es Deaf by the seller, and required to be paid by the purchaser, is a part of the selling price of the food and bevera es ~tea+ and is subject to the tax imposed by this article. **** Sec. 21-163. Penaltyfor violations of article. (a) It shall be unlawful and a violation of this chapter for any person to fail, refuse or neglect to comply with any provision of this article. Such violation shall constitute (I) a Class 3 misdemeanor if the amount of tax levied or assessed in connection with any return required by this article but unpaid as of the date of conviction is one thousand dollars ($1,000.00) or less, or (ii) a Class 1 misdemeanor if the amount of tax levied or assessed in connection with any return required by this article but unpaid as of the date of conviction is more than one thousand dollars ($1,000.00). 5 (b) Exce t as rovided in subsection a above an cor orate or artnershi officer as defined in Vir inia Code~58.1-3906 or an oy therperson re,~uired to collect account for or a over the meals tax i,_,m~,osed under this article who willful) fails to collect or truthful) account for or a over such tax or who willful) evades or attem is to evade such tax or a ment thereof shall in addition to an other enalties im osed b law be uilt of a Class 1 misdemeanor. (c) {~j Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. Any agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer of Roanoke County. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 21-164. Exemptions. ~ The tax imposed under this ordinance shall not be levied on the followin items when served exclusive) for off- remises consum t~ ion: Factory-prepackaged donuts, ice cream, crackers, nabs, chips, cookies items of essential) the same nature (~ Food sold in bulk, For the purposes of thisprovision, a bulk sale shall mean the sale of an item that would exceed the normal customs and usual ortion sold for on- remises consum tion e. a whole cake a allon of ice cream ~ a bulk sale shall not include an food or bevera e that is catered or delivered b a food establishment for off- remised consum tion. Alcoholic and non-alcoholic beverages sold in factory sealed container. Any food or food product purchased with food coupons issued by the 6 United States De artment of A riculture under the Food Stam Pro ram or drafts issued throu h the Vir inia S ecial Su lemental Food Pro ram for Woman Infants and Children. Any food or food product purchased for home consumption as defined in the federal Food Stam Act of 1977 7 U.S.C. 2012 as amended exce t hot food or hot food roducts read for immediate consum tion. For the ur oses of administerin the tax levied hereunder the followin items whether or not urchased for immediate consum tion are excluded from the said definition of food in the federal Food Stam Act: sandwiches salad bar items sold from a salad bar re acka ed sin le-servin salads consisti,~ ng.~,rimar,, il~r of an assortment of ve etable and nonfactor sealed bevera es. This subsection shall not affect rovision set forth in sub ara ra hs 9d 3 4 and 5 herein below. A grocery store, supermarket or convenience store shall not be subject to the tax exce t for an ortion or section therein desi Hated as a delicatessen or desi Hated for the sale of re ared food and bevera es. ~ The tax imposed hereunder shall not be levied on the followingpurchases of food and bevera es (1) {a~ Food and bevera es furnished by food establishments ~~ts to employees as part of their compensation when no charge is made to the employee. (2) {{~} Food and beverages sold by ftt day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (3) ~ Food and bever,,_a„ges for use or consumption and which are aid for direct) by the Commonwealth, any political subdivision of the Commonwealth or the United States. (4) ~ Food and bevera es furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm, of handicapped battered women narcotic addicts or alcoholics or other extended care facility to patients or residents thereof. (5) {ei Food and beverages furnished by a ublic or rivate non-profit charitable organization or establishment or a rivate establishment that contracts with the a ro riate a enc of the Commonwealth to offer meals at concession rices to elderly, infirm, blind handicapped or needy person in their homes or at central locations. (6) {#~ Food and bevera es sold on an occasional basis not more than three times er calendar ear by anon-profit educational, charitable or benevolent organization church or reli ions bod basis as a fund-raising activity the ross roceeds of which are to be used b such or anization exclusive) for non- rofit educational charitable benevolent or reli ious ur oses Food and beverages sold through vending machines. (8) {gj Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rule and regulations issued pursuant thereto. **** 2. That this ordinance shall be effective on and from July 1, 2000. On motion of Supervisor Nickens to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor McNamara A COPY TESTE: ~~ Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors s cc: File Joseph B. Obenshain, Senior Assistant County Attorney 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. Harris, 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 Attorney 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 Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer O. Arnold Covey, Director, Community Development Terrance L. Harrington, County Planner Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, IT Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks & Recreation & Tourism Gardner Smith, Director, Procurement John W. Birckhead, Director, Real Estate Valuation Alfred C. Anderson, Treasurer R. Wayne Compton, Commissioner of Revenue 9 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: June 27, 2000 AGENDA ITEM: ORDINANCE AMENDING AND REENACTING SECTIONS 21-150 "DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152 "PAYMENT AND COLLECTION OF TAX", 21-154 "REPORT OF TAXES COLLECTED; REMITTANCE; PRESERVATION OF RECORDS", 21-156 "TIPS AND SERVICE CHARGES", 21-163 "VIOLATIONS OF ARTICLE" AND 21-164 "EXEMPTIONS", OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCE ACROSS THE COMMONWEALTH COUNTY ADMINIS TOR'S C~ OMMENTS: C~~'I SUMMARY OF INFORMATION: The 2000 session of the General Assembly adopted, and Governor Gilmore signed into law, HB 255 which is designed to insure uniformity in the meals tax ("Food and Beverage Tax) statewide. This followed action in the 1999 session reducing the sales tax. While grocery stores were not the primary focus of the Food and Beverage Tax, there was recognition that many grocery stores and convenience stores sell food for immediate consumption. The exceptions written into this tax (§ 58.1-3833 F) which reference the federal Food Stamp Act (7 U.S.C. § 2012) were modified to insure that items such as sandwiches and single-serving salads sold for immediate consumption may still be taxed by localities. The effective date for these meals tax changes are July 1, 2000. Following passage of HB 255, a committee with representative of VML, VACO, the Commissioners of the Revenue Association of Virginia, and the food industry have worked to prepare guidelines for the implementation of this legislation. Counsel for VML and VACO have also worked together to prepare a model meal tax ordinance which takes into account the slight variations in the underlying enabling legislation for the meals tax between cities and counties in the Commonwealth. The ordinance amendments proposed recognize these differences while attempting to preserve the uniformity which the General Assembly desired to the maximum extent possible. The main difference will be in the way beverages are taxed until further legislative action may occur. 1 .,:.~ r ~ ~~ The guidelines which have been prepared for assistance to localities in enforcing the local meals tax are believed to be critical to the achievement of the uniformity which the state desires. Upon recommendation from the office of the Commissioner of the Revenue, we have inserted "not more than three times per year" as a clarification of food and beverages sold "on an occasional basis." This is consistent with Roanoke City's Code. FISCAL IMPACTS: At the present time, the best estimate of the fiscal impact of these amendments is that it will be neutral for Roanoke County. STAFF RECOMMENDATION: The staff recommends adoption of the proposed ordinance in order to obtain uniformity in enforcement of Roanoke County Food and Beverage Tax with adjoining jurisdictions. Respectfully submitted, !~ . ',~ seph B. Obenshain Senior Assistant County Attorney Action Vote No Yes Abs Approved ()Motion by Church Denied () Johnson Received () McNamara Referred Minnix to Nickens 2 S-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JUNE 27, 2000 ORDINANCE AMENDING AND REENACTING SECTIONS 21-150 "DEFINITIONS", 21-151 "LEVY OF TAX; AMOUNT", 21-152 "PAYMENT AND COLLECTION OF TAX", 21-154 "REPORT OF TAXES COLLECTED; REMITTANCE; PRESERVATION OF RECORDS", 21-156 "TIPS AND SERVICE CHARGES", 21-163 "VIOLATIONS OF ARTICLE" AND 21-164 "EXEMPTIONS", OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE COMMONWEALTH WHEREAS, the 2000 session of the General Assembly adopted HB 255 with the objective of requiring uniformity for imposition and collection of meals tax by localities throughout the Commonwealth; and, WHEREAS, the first reading of this ordinance was held on June 13, 2000, and the second reading and public hearing was held on June 27, 2000. BE IT ORDAINED by the Board of Supervisors of Roanoke County, as follows: 1. That the following sections of Article VII of Chapter 21 of the Roanoke County Code be amended and reenacted as follows: ARTICLE VII. TAX ON FOOD AND BEVERAGES Sec. 21-150. Definitions. The following words and phrases, when used in this article, shall have, for purposes of this article, the following respective meanings except where the context clearly indicates a different meaning: `:< <>:> ::::i::::i::4i::i::::is~::::.~:::::i::i:::~'~'li::::i:::iv::{ti: is ~~'~::i:::::<:::i:::~:~::::::ii:::i::::: ::::'::::.~:::i:::i ~.~~~:f::~ ~:ii:`i::}:SS:S:::::i:'~'~~~:'~'~ ~~'~: .yy71. i~~ <, ck3~1.~C3 >i n1E3~ ~.~ ;::::>5~9.~~.... (a) :~av~era ey.:::.~ks ~sed.::.~ere~n.:::t~a...~ 1 :.::: :<>;>:~<<<?>::>>::>:<~,<~<:«:: :>:>:><::>>,', :<, :: :;:>::>::> '::::art', „>' ~~rcl~aci?~z~< a f ?> ~~d :$vaa s..s~ru. d..~s.a:. ar~..vf.a:meal... d. eve d ~~ate se ~ <' ' :~~ > od ~vxz '::`a~ :. >° :~Vlea1: ~Ufeafi shad me~n:anv prei~ared:'foodand ~evara~e as c~ef~neel ~iereiri rr:`All su h f od n ra ; ,~s`s'>`:>:~>::>>:::>:<:>:><.>::: c o'' a d bays : e `°' ns S ~ 2 ~~ ".?'G~.. e~.de nth ~ <:~~rrie~`~~t~:::s~~l~r`s::r~~;n~~:s<~r;;~~`..,.:why :e<~+r~ ... .. :.;:.;:.;:.:.::.;:.;;:.;:.;:.;:.;:.;:.;:.;::::.;:.;:.;:.;:.;:.;:.;:.;:.::.;:.;:.;:.;:.;:.:.;::,:.;;:.:.;:.:.;;;:.:.; >< <`r'arn ''`'< and ~<s~srn '` '>~ ... ~it~akf"ast iu~ch snac ° ~u~ri thatitr~: Itothe mariner=::~~€ne:ar` > la~~:::sexv~~e (h) Person: Any individual, corporation, company, association, firm, partnership or any group of individuals acting as a unit. (i) Purchaser. Any person who purchases food in or from a restaurant or from a caterer. `'`' '```.'r~ :`<`>< grit (j) Seller: Any person who sells food in or from a fated<'€~bl. .. restat~°rt or as a caterer. (k) Treasurer: The treasurer of the County of Roanoke and any of hiss duly authorized deputies, assistants, employees or agents Sec. 21-151. Levy of tax; amount. `h~ai~e:zs'hex~b :°rxn ©sad:~nd:~evz~d:~ :::t~,~ ~t~un ©f i~o~n~ka.~n:ea~h:< ersfln>:~: `~:`: `'` ``~. h :: s: ; c~,:b~.. ~~ d ~~ ~~.~ ~_:~ `' ~ ~~~ ;` :::: a~ ,t ~ fro~ri`~i ; o ~~stab~shrnent ;wheth~~c r~: < aced ~n suet: do `e 3 ~~ Sec 21-152. Payment and collection of tax. :<::.`~'i`:::~:i:::i:::::''~:J" ::~::::::>::i:::::::'.%:; ::::::::::::::::::::::;~'::C`::i::i::::::::::::::i:i:>.:: ~i::::::;:';; `;;::;::;::;:::::::::::;::Y;;:i:::;:::::: ~:::i'':<: ~: :::i:;i::>:i:::::i::::::.:::::.r..:>::.::.:.: "o:.;:;>:.>::.>; .::<.:>;;~.:::.::.::.::'. . <~ ~n~ted:~ta~e for an <xx~;~t c~r:nav~ > ; se:shatl be:r~e. uaaced~o coX~s~ct:oxxem~t ~C x Wis. The amount of tax owed by the purchaser shall be added to the cost of the food by the seller who shall pay the taxes collected to the County as provided in this article. Taxes collected by the seller shall be held in trust by the seller ..................... ..................... ..................... ..................... axx until remitted to the county. **~* Sec. 21-154. Report of taxes collected; remittance; preservation of records. ;;> '" .>:~> `````' ````'rtcl~ It shall be the duty of ' :ue ',`'! ~~~o? r~';::' ' ec~la ';`~l~ .. . suoh >fort~x earn ereo~ s. of ~terano~~:~t1~ ta~e~~i~.:....~ec~1~"' thY~<article ta:~ak~ a re .t3rt.t~. :<::::> . anf~~m~txvn as.:~h~.~o~xni~~zon~~n~a rescnbe::and;~~e uu~e ~~n~lud~~i ~~>. ur~h~s~s:s 4 r- a<< ~C~B tablecer?s, rt ............................. .............................. ............................. .............................. Where a purchaser provides a tip 4X ~~~, for an employee of a seller, and the ......................... amount of the tip .: r`' is wholly in the discretion of the purchaser, the tips `t: is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser's account, provided in the latter case, ......................... ......................... ......................... ......................... the full amount of the tip , X~' is turned over to the employee by the seller. .......................... .......................... .......................... .......................... An amount or percent, whether designated as a tip~~ ~attty' or service charge, that is added to the price of the fc~od..ad bevera - es by the seller, and required to ```"'`` mea} be paid by the purchaser, is a part of the selling price of the fo~'~ser eS and is subject to the tax imposed by this article. ***,~ ................................... Sec. 21-163. F~~tlt' :for~violations of article. (a) It shall be unlawful and a violation of this chapter for any person to fail, refuse or neglect to comply with any provision of this article. Such violation shall constitute (I) a Class 3 misdemeanor if the amount of tax levied or assessed in connection with any return required by this article but unpaid as of the date of conviction is one thousand dollars ($1,000.00) or less, or (ii) a Class 1 misdemeanor if the amount of tax levied or assessed in 5 s-7 (c) {~) Conviction of such violation shall not relieve any person from the payment, collection or remittance of the taxes provided for in this article. Any agreement by any person to pay the taxes provided for in this article by a series of installment payments shall not relieve any person of criminal liability for violation of this article until the full amount of taxes agreed to be paid by such person is received by the treasurer of Roanoke County. Each failure, refusal, neglect or violation, and each day's continuance thereof, shall constitute a separate offense. Sec. 21-164. Exemptions. ~eale~l A1coh~`lic .and non alcoholr~ b~avera es<:sold€€irt%:facto ,~ • 7 S- 7 ~+ Commonwealth or the United States. (4) {d~ Food and bevera.,ffes furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm, or handicapped battered women riarcotc addicts or alcoholics or other extended care facility to patients or residents thereofY (5) fe} Food and bevera es famished by a ublic or rivate non-profit charitable organization or establishment or a rivat establishment that contracts-with the a ro riate a enc of the Commonwealth to ffer meals at concession rices to elderly, infirm, blind,. handicapped or needy person in their homes or at central locations. (6) {f) Food and bevera s sold on an occa"ional b sis not more than three times er calendar ear by a non-profit educational, charitable or benevolent organization church or reli 'ous bod on ' as afund-raising activity the oss roceeds of which are to be used b such or anization exclusivel far non- rofit educational' charitable benevolent or reli 'ous oses or~'ood Food°and beveractes sold through vending machines. (8) {g3 Any other sale of food which is exempt from taxation under the Virginia Retail Sales and Use Tax Act, or administrative rule and regulations issued pursuant thereto. **** 2. That this ordinance shall be effective on and from July 1, 2000. 8 O~ EtOANp~~ ' ti °° ;: a2 \ 1 I tA'11"1~t' ~1'1' ><1' ~ ~ i1" X1"1'1' TT C? b P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARO Internet E-Mail: mallen@www.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 28, 2000 Ms. Donna Wooldridge 1675 Richland Hills Drive Salem, VA 24153 Dear Ms. Wooldridge: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Parks & Recreation Advisory Commission. 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, June 27, 2000, the Board of Supervisors voted unanimously to appoint you as a member of the Parks & Recreation Advisory Commission for a three year term representing the Catawba Magisterial District. Your new term will begin on June 30, 2000, and expires on June 30, 2003. 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. 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 Enclosure cc: Pete Haislip, Director, Parks & Recreation & Tourism ® Recycled Paper ~ pOANp,Y~ G o .~~ ~~ I rY1 Y1~Y~Y1' fY T ~ ln' ~"~'Y TY LI 1~ P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen@N,ww,.co.roanoke.va.us 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us June 28, 2000 Mr. Wayne Gauldin 6032 Newport Road Catawba, VA 24070 Dear Mr. Gauldin: The members of the Board of Supervisors wish to express their sincere appreciation for your previous service to the Parks & Recreation Advisory Commission. 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, June 27, 2000, the Board of Supervisors voted unanimously to reappoint.you as a member of the Parks & Recreation Advisory Commission for another three year term representing the Catawba Magisterial District. Your new term will begin on June 30, 2000, and expires on June 30, 2003. 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. 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 Enclosure cc: Pete Haislip, Director, Parks & Recreation & Tourism ® Recycled Paper Brenda Holton - Re' Agenda Stuff Page 1 From: Mary Allen To: Terry Harrington Date: 6/28/00 2:55PM Subject: Re: Agenda Stuff Thanks. I got the info on the tower not exceeding 120 feet but don't know how to spell Red Tip Pitinas? Petinas? Patinas? Anyway, let me know when you have the language. »> Terry Harrington 06/28/00 02:40PM »> We are crafting some wording for the change in the miniware house condition relating to "red tips". will send up ASAP Also... Sue.... first condition on tower SUP needs to be revised to ".... shall not exceed 120 feet ......." Terry CC: Brenda Holton CONSTRUCTION Contractually, Reed ~SSnstruction had 47% of the road completed on May 25, 2000. The cul-de-sac (connector street) was completed on June 21, 2000, and grading is complete. The Property is seeded and starting to grow. The next steps are to lay base stone, build curb & gutter, and pave the road. Landscaping bids have been received and staff is waiting to see if sign will be altered before initiating contract. MARKETING Prospect package sent to confidential client of TIMMONS. A ~rtual tour proposal has been requested from HSMM. e~ contact with Wiley & Wilson for developmental partners Identification of magazine and trade journals for advertisement campaign ~. S-~q~.~- Attended Industry Open House & Opportunities at VT's College of Engineering 0621`2000 15:2' ROA CO FIRE RESCUE ~ 97722143 hJ0.706 D02 M~marandum To: ChiefBurch From: Battalion Chief To aqua CC: Division Chief S I~fie: 3sme 20, 2000 He; Kegional 't'raining Center t~roye~t The fnl lowing infarmatic~rr is prnvirlerl. cr~ncerning the Vitus of the Regional Training Center project: The substantial completion date for the project i.s duly 9, 2000, Th® contractor has 1$ rain days that he can add to the project, This will extend. the completion date to July 27, 2040. Mast ofthe work is progressing very well. However, as we near. completion there are several items that concern the constnrction committee. They are; • T'kre quarry rile mechanic had a heart attACk the weekend E-efnre he waa to start rvnrk nn the pro j ect. As of this data the contractor itas oat sec~u~ed a replacement. There is a subslenlixl arnaunt of ti1C to it~tt>,ll enc3 ttic cinlaY will start to affect otU.cr trades if installation is not completed in a timely manner. Due to a problem with th,c classroom partitiarfs there has Been a delay ii1 ordering. The problem has been resolved and they have finally been ardere~d.. The company has an 8-10 week delivery time. '1'lais should not delay tY-e move in date. • 'Xhc cabiriCt~ pro~GCl lay the wutractar did not aueet the specifications and. were turned down by the architect several weeks ago. Far same reason na other drawings have been presented to #lte architect for approval. We arc concerned that there will be a delay in wring hecati~.ae of time required is msnufscture, Our architect has discussed our concerns with the contractor and requested luS assistance i.n seP,ing that the pmject remains on schedule. We have placid tlye over for ofli.ce partitions, classroor tables, chairs and various other furnishing far the facility. Delivery is scheduled tbT mid-July. Additionally, the installation ofvinyl tle will begin next Monday is the classroom area and continue to other sreas as they are made available by the contractor. Status Report for the Roanoke Valley Juvenile Detention Center Construction of Phase I is substantially complete with the exception of the temporary cooking unit (oven). The 48 beds have been opened for use and we were housing 41 youth as of June 15. Abatement of the hazardous materials in the old section will begin in July and the gym will be finished to allow recreational opportunity for the detainees. Construction of Phase II will begin in early August with scheduled completion in July 2001. Status Report for the Salem Office Supply and Courthouse Project Preliminary drawings ands cost estimates have been received from the architect for final review and corrections and the project is being prepared for bid. Drawings are being reviewed with the City of Salem for any final changes. Preparation for the wiring for the computer systems and interface with other County offices is being coordinated with our Department of General Services, MIS, and the City of Salem. Demolition of the interior is complete except for the final mechanical equipment and roofing which will be removed during construction. We have been using the services of inmate labor and the juvenile community service workers to save monies on the demolition cost. Further work on the Courthouse improvements will begin when the Court Services Unit moves out of the Courthouse space. June 20, 2000 Brenda Holton - InterconnectRep6-27.doc Page 1 ROANOKE CITY/ROANOKE COUNTY INTERCONNECT Loch Haven Drive Water Line Extension, Phase II 1. Construction by Roanoke City personnel continues with approximately 1800 LF of 16-inch water line installed to date. Completion is anticipated late summer/early fall. 2. Pressure testing of completed portions of the project is anticipated to begin mid-July 2000. 3. Delivery of materials supplies by Roanoke County has been proceeding. Deliveries are coordinated through Roanoke City staff. 4. To date, three (3) residents have requested water service. Montclair Water Line 1. Construction began in April 2000 with completion by July 1, 2000. Project includes installation of approximately 3,600 feet of 8-inch water line. 2. Approximately 3,000 feet of 8-inch water line has been installed to date. 2. Four easements are required for this project. Agreements for acquiring these easements have been negotiated with the property owners. Request for approving these easement acquisitions was on the March 28, 2000 Board Agenda. U:~Board Reports~2000 Board Reports~InterconnectRep6-27.doc Mary Allen -Status Reports for June 27 agenda Page 1 From: Mary Allen To: Gary Robertson; John Chambliss; Melinda Cox; Richard Burch Subject: Status Reports for June 27 agenda Please send to me either by a-mail or attachment to a-mail your status reports for the June 27 agenda so I can incorporate them into one report. Thanks. Regional Fire Training Center -Rick Burch Center for Research and Technology -Melinda Cox Roanoke City/Roanoke County Interconnect -Gary Robertson Roanoke Valley Juvenile Detention Center -John Chambliss Salem Office Supply and Courthouse 9 John Chambliss Mary Allen Note to: Butch Church From: Mary Allen Date: May 12, 2000 SUBJ: Appointments from the Catawba Magisterial District I checked through the year for appointment vacancies from the Catawba Magisterial District and there are only two for the rest of 2000. They are: PARKS & RECREATION ADVISORY COMMISSION The three year terms of ayne Gauldin, Catawba District; Donna Wooldridge, Catawba District; will xpire 06/30/2000. ~ z- ~3~9 ~' ~~ ~ 3~ %~ ~z~a Hope this helps. ~ 38 ~ ~ ,;.~ ~; - ; 7 J V l_ ~, ~. ~~ ~~ t LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Connelly Memorial Baptist Church to obtain a Special Use Permit for a religious assembly, located in the 6800 block of Thirlane Rd, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: Connelly Memorial Baptist Church 4310 C Appleton Ave NW Roanoke, VA 24017 (540) 562-1171 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS 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, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Nancy Meyer- Barker to rezone .891 acre from I-1 C to C-2 to construct a professional office with retail, located at 4903 Starkey Rd, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: Nancy Meyer-Barker 6229 Ashmont Dr Roanoke, VA 24018 (540) 774-9712 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS 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, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of James R. Walker to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Rd, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: James R. Walker c/o Maryellen Goodlatte PO Box 2887 Roanoke, VA 24001 (540) 224-8000 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS 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, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Valley Communications to obtain a Special Use Permit to construct a 140 foot lattice tower and associated facilities, located on the southern end of Brushy Mountain off of Route 311 and Route 794, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: Mark Cronk, Valley Communications 6720 Thirlane Rd Roanoke, VA 24019 (540) 362-1918 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS 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, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Evangel Foursquare Church to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Rd and east of Indian Grave Road, Cave Spring Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: Evangel Foursquare Church, Tr. Attn: Ken Wright 612 Bullitt Ave SE Roanoke, VA 24013 (540) 982-3694 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS 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, June 27, 2000, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Three W Corp. to amend a condition attached to a Special Use Permit related to landscaping at a miniwarehouse facility, located in the 7200 block of Barrens Rd, Hollins Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: June 5, 2000 Mary H. Allen, Clerk Please publish in the Roanoke Times Tuesday, June 13, 2000 Tuesday, June 20, 2000 Direct the bill for publication to: Three W Corp c/o Ed Natt P.O. Box 20068 Roanoke, VA 24018 (540) 774-1197 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: ROANOKE COUNTY BOARD OF SUPERVISORS P.O. BOX 29800, ROANOKE, VA 24018 Mary Allen - (Fwd) Public Notice for Sunday -Reply Page 1 From: "Sue Patterson-Bane" <spatterson-bane@co.roanoke.va.us> To: Mary Allen <MALLEN@co.roanoke.va.us> Date: 6/15/00 2:02PM Subject: (Fwd) Public Notice for Sunday -Reply FYI ------- Forwarded message follows ------- Date sent: Thu, 15 Jun 2000 10:06:13 -0400 From: Legals Staff <legals@roanoke.com> To: SPATTERSON-BANE@co.roanoke.va.us Subject: Public Notice for Sunday -Reply thanks for your ad, Sue. It will run June 18 & 25 -cost: $210.92... PUBLIC NOTICE Please be advised that the Board of Supervisors of Roanoke County, Virginia, at its meeting on June 27, 2000, at the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, Virginia, at the session beginning at 7:00 p.m., will hold a public hearing on the following: ORDINANCE AMENDING AND REENACTING SECTIONS 21-150 *DEFINITIONS*, 21-151 *LEVY OF TAX; AMOUNT*, 21-152 *PAYMENT AND COLLECTION OF TAX*, 21-154 *REPORT OF TAXES COLLECTED; REMITTANCE; PRESERVATION OF RECORDS*, 21-156 *TIPS AND SERVICE CHARGES*, 21-163 *VIOLATIONS OF ARTICLE* AND 21-164 *EXEMPTIONS*, OF ARTICLE VII "TAX ON FOOD AND BEVERAGES" OF CHAPTER 21 "TAXATION" OF THE ROANOKE COUNTY CODE, IN ORDER TO PROVIDE FOR UNIFORMITY IN ENFORCEMENT OF MEALS TAX ORDINANCES ACROSS THE COMMONWEALTH All members of the public interested in the matters set forth above may appear and be heard at the time and place aforesaid. A copy of the full text of the ordinance is on file and is available for public inspection in the office of the Clerk of the Board of Supervisors, whose office is located at 5204 Bernard Drive, Roanoke, Virginia. Paul M. Mahoney County Attorney Roanoke County, Virginia (1444214) End of forwarded message ~ / t~ a~ O 1~,~,9~T- 6/1~'/OD- ~OD~i'~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JUNE 27, 2000 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 p.m. and Saturdays at 4 p.m. 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 D. BRIEFINGS E. NEW BUSINESS 1. Request for approval of issuance of up to $6,500,000 in revenue bonds by the Industrial Development Authority for the benefit of Friendship Manor. (David Porter, Economic Development Director) 2. J int own hip it he C y Hanging Rock °~ ~?,~ F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. L.=~ ~ ~ • ~~_~y~ G. FIRST READING OF ORDINANCES 1. Firs eading of o inane mends "G~ concer g la ere it d sig gui session o ul 11, 20 (Jan t g e Community Plan elfin sand request for work chef Senior Planner) a. ~ ,~- ~~~ ~r ~ ~ '~-~~ H. SECOND READING OF ORDINANCES 2 1. First reading of ordinance authorizing quitclaim and release of access, water, sanitary sewer, public utilities and drainage easements within boundaries of South Concourse Drive located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe in the Hollins Magisterial District. (Arnold Covey, Community Development Director) 2. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days. (Joseph Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS Building Code Board of Adjustments and Appeals 2. Highway and Transportation Safety Commission 3. Industrial Development Authority 4. League of Older Americans -Advisory Board 5. Parks and Recreation Advisory Commission 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 for May 9, 2000 3 2. Confirmation of committee appointments to Parks and Recreation Advisory Commission 3. Request for authorization to execute an operating contract with the Roanoke Valley SPCA. 4. Request from Schools for $4,917,338 appropriation to the Regional Special Education Fund. 5. Request for acceptance of a $9565.02 grant by the Police Department to continue the Cops for Coaches Program. Cs~ !~ . ~ c c e~p -f" ~ ~ e ~ ~ ~ ran fi s -~ r ~re~~y Cvey~ m~Ss !O ~, 7, ~ ~-rn ~.-~ cif-. o,-, D ~ S/6 ~~ ~c~ u en `~p~ ~f K. REQUESTS FOR PUBLIC HEARINGS 'y ~~• M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts paid -May 2000 6. Status Reports on County projects. 7. Proclamations Signed by the Chairman 7. Statement of Revenues and Expenditures for 10 month period ended May 31, 2000. O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 4 P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 (7) actual litigation, County of Roanoke v. Lee. EVENING SESSION (7:00 P.M.) Q. CERTIFICATION RESOLUTION R. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS Resolution of appreciation to Jeremy Ford, Patrick Green and Jesse Janney for t#e~ir hone ty and integrity. cw~oc S. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to obtain a Special Use Permit for C a religious assembly, located in the 6800 block of Thirlane Q'~9~~~ Roa ollins agisterial District, upon the petition of Connelly Memoria aptist Church. (Terry Harrington, County Planner) 2. Second reading of ordinance to rezone .891 acre from I-1 C to C- 2 to construct a professional office with retail, located at 4902 Starkey Road, Cave Spring Magisterial District, upon the petition of Nancy Meyer-Barker. (Terry Harrington, County Planner) 3. Second reading of ordinance to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Road, Cave Spring Magisterial District, upon the petition of James R. Walker. (Terry Harrington, County Planner) 4. Second reading of ordinance to obtain a Special Use Permit to construct a 140 foot lattice tower and associated facilities, located on the southern end of Brushy Mountain off of Route 311 and Route 794, Catawba Magisterial District, upon the petition of Valley Communications. (Terry Harrington, County Planner) 5 5. Ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Road and east of Indian Grave Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. (Terry Harrington, County Planner) 6. Ordinance to amend a condition, attached to a Special Use Permit related to landscaping at a miniwarehouse facility, located in the 7200 block of Barrens Road, Hollins Magisterial District, upon the petition of Three W Corp. (Terry Harrington, County Planner) ~• ~ Second reading of ordinance amending and reenacting Sections 21- 150 "Definitions", 21-151 "Levy of Tax; Amount", 21-152 "Payment and Collection of Tax", 21-154 "Report of Taxes Collected'; Remittance; Preservation of Records", 21-156 "Tips and Service Charges", 21-163 "Violations of Article" and 21-164 of Chapter 21 "Taxation" of the Roanoke County Code in order to provide for uniformity in enforcement of meals tax ordinances across the Commonwealth. (Joseph Obenshain, Senior Assistant County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS v~ ADJOURNMENT TO THURSDAY, JULY 6, 2000 AT 9:30 A.M. AT THE ADMINISTRATION CENTER FOR A MEETING WITH THE HONORABLE BOB GOODLATTE, U. S. CONGRESS. 6 Mary Allen -Consent Agenda Item Page 1 From: "Liz Belcher" <Ibelcher@co.roanoke.va.us> To: <mallen@co.roanoke.va.us> Date: 6/19/00 2:40PM Subject: Consent Agenda Item I discussed with Paul Mahoney having a June 27 consent agenda item: for the County, as fiscal agent, to accept three grants to the Greenway Commission, authorize expenditure of funds, and delegate to the Commission to sign papers, contracts, etc related to expenditure of the grants. Call if you have questions. I will write the Board report this week. Does it need to have a resolution or just be some kind of approval? Liz Belcher Ibelcher@co.roanoke.va.us Roanoke Valley Greenway Coordinator P.O. Box 29800 Roanoke, VA 24018 540-776-7159 FAX 540-772-2108 ~~~~ 6/1~'/DD- ~ODpi'~ ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA JUNE 27, 2000 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. The meetings are broadcast live on RVTV, Channel 3, and will be rebroadcast on Thursdays at 7 Vim. and Saturdays at 4 p.m. 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 D. BRIEFINGS 1 E. NEW BUSINESS 1. Request for approval of issuance of up to $6,500,000 in revenue bonds by the Industrial Development Authority for the benefit of Friendship Manor. (David Porter, Economic Development Director) 2. Joint ownership with the City of~~ of Hanging Rock ~~~~ F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate support for, or judge the merits of, the requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by the Planning Commission. G. FIRST READING OF ORDINANCES k' H. SECOND READING OF ORDINANCES 2 1. First reading of ordinance authorizing quitclaim and release of access, water, sanitary sewer, public utilities and drainage easements within boundaries of South Concourse Drive located from the intersection of ValleyPark Drive to its cul-de-sac, the development of ValleyPointe in the Hollins Magisterial District. (Arnold Covey, Community Development Director) 2. First reading of ordinance extending the current franchise agreement with Adelphia (Salem) Cable for ninety days. (Joseph Obenshain, Senior Assistant County Attorney) I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals 2. Highway and Transportation Safety Commission 3. Industrial Development Authority 4. League of Older Americans -Advisory Board 5. Parks and Recreation Advisory Commission 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 for May 9, 2000 3 2. Confirmation of committee appointments to Parks and Recreation Advisory Commission 3. Request for authorization to execute an operating contract with the Roanoke Valley SPCA. 4. Request from Schools for $4,917,338 appropriation to the Regional Special Education Fund. 5. Request for acceptance of a $9565.02 grant by the Police Department to continue the Cops for Coaches Program. c c ~' c~ ~ e.. ~ ~ C3 r K. REQUESTS FOR PUBLIC HEARINGS M. CITIZENS' COMMENTS AND COMMUNICATIONS N. REPORTS 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts paid -May 2000 6. Status Reports on County projects. 7. Proclamations Signed by the Chairman 7. Statement of Revenues and Expenditures for 10 month period ended May 31, 2000. O. WORK SESSIONS (4TH FLOOR CONFERENCE ROOM) 4 P. CLOSED MEETING pursuant to Code of Virginia Section 2.1-344 (7) actual litigation, County of Roanoke v. Lee. EVENING SESSION (7:00 P.M.) Q. R. S. CERTIFICATION RESOLUTION PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND AWARDS 1. Resolution of appreciation to Jeremy Ford, Patrick Green and Jesse Janney for their honesty and integrity. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES 1. Second reading of ordinance to obtain a Special Use Permit for a religious assembly, located in the 6800 block of Thirlane Road, Hollins Magisterial District, upon the petition of Connelly Memorial Baptist Church. (Terry Harrington, County Planner) 2. Second reading of ordinance to rezone .891 acre from I-1 C to C- 2 to construct a professional office with retail, located at 4902 Starkey Road, Cave Spring Magisterial District, upon the petition of Nancy Meyer-Barker. (Terry Harrington, County Planner) 3. Second reading of ordinance to rezone 2.868 acres from AV to C-2 to construct a new automobile dealership, located in the 5100 block of Franklin Road, Cave Spring Magisterial District, upon the petition of James R. Walker. (Terry Harrington, County Planner) 4. Second reading of ordinance to obtain a Special Use Permit to construct a 140 foot lattice tower and associated facilities, located on the southern end of Brushy Mountain off of Route 311 and Route 794, Catawba Magisterial District, upon the petition of Valley Communications. (Terry Harrington, County Planner) 5 5. Ordinance to obtain a Special Use Permit to construct a religious assembly and day care facility, located between the 5400 block of Franklin Road and east of Indian Grave Road, Cave Spring Magisterial District, upon the petition of Evangel Foursquare Church. (Terry Harrington, County Planner) 6. Ordinance to amend a condition, attached to a Special Use Permit related fo landscaping at a miniwarehouse facility, located in the 7200 block of Barrens Road, Hollins Magisterial District, upon the petition of Three W Corp. (Terry Harrington, County Planner) 1. Second reading of ordinance amending and reenacting Sections 21- 150 "Definitions", 21-151 "Levy of Tax; Amount", 21-152 "Payment and Collection of Tax", 21-154 "Report of Taxes Collected'; Remittance; Preservation of Records", 21-156 "Tips and Service Charges", 21-163 "Violations of Article" and 21-164 of Chapter 21 "Taxation" of the Roanoke County Code in order to provide for uniformity in enforcement of meals tax ordinances across the Commonwealth. (Joseph Obenshain, Senior Assistant County Attorney) T. CITIZENS' COMMENTS AND COMMUNICATIONS U. REPORTS AND INQUIRIES OF BOARD MEMBERS Y. ADJOURNMENT TO THURSDAY, JULY 6, 2000 AT 9:30 A.M. AT THE ADMINISTRATION CENTER FOR A MEETING WITH THE HONORABLE BOB GOODLATTE, U. S. CONGRESS. 6