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11/13/2001 - Regular
0~ ROANp,Y~ ti ~~ p z ~ a ~~~~~ ~~ ~~~~ ~ rasa ROANOKE COUNTY BOARD OF SUPERVISORS ACTION AGENDA NOVEMBER 13, 2001 ,~~~~~ 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, will be rebroadcast on Thursday at 7 p.m. and Saturday at 4 p.m., and are now closed captioned. BECAUSE OF THE THANKSGIVING AND CHRISTMAS HOLIDAYS, THE ONLY MEETING IN NOVEMBER WILL BE NOVEMBER 13 AT 3:00 P.M. AND 7.00 P M THE DECEMBER MEETINGS WILL BE HELD ON DECEMBER 4 AT 3:00 P.M. AND DECEMBER 18 AT 3:00 P.M. AND 7:00 P.M. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Cferk to the Board at (540) 772-2005 at least 48 hours in advance so reasonable accommodations A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call BLJ ABSENT AT 3:00 P.M. 2. Invocation: John M. Chambliss Assistant County Administrator 3. Pledge of Allegiance to the United States Flag 1 ® Recycled Paper AFTERNOON AT 2:00 P.M. PRIOR TO THE REGULAR BOARD OF SUPERVISORS MEETING B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS ECH ~) ADVISED THAT MR. HAILE (ITEM T-3) HAS REQUESTED TO POSTPONE HIS REZONING REQUEST TO DECEMBER 18, 2001; (2) ADDED A BRIEFING FROM CHIEF BURCH AND THE DEPT. OF STATE FORESTRY ON THE RECENT BRUSH FIRE ON BENT MOUNTAIN. PMM ADDED CLOSED MEETING ITEM: CONSIDERATION OF APPOINTMENTS TO THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY. JPM REQUESTED THAT ITEM H-2 (SALEM OFFICE SUPPLY) BE ADDED TO CLOSED MEETING DISCUSSION WITH ACTION TAKEN DURING THE EVENING SESSION (ITEM T-6) HCN ADDED ITEM C-3 -SPECIAL RECOGNITION JBC ADVISED HE WOULD OFFER APPOINTMENT TO THE ROANOKE VALLEY RESOURCE AUTHORITY AND ADDED AS ITEM R-3 C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation Declaring November 11-17, 2001 as American Education Week in Roanoke County. ACCEPTED BY LEIGH MCKAY, PRESIDENT OF RCEA 2. Recognition of Community Relations Department for receiving the Public Relations Society of America-Blue Ridge Chapter award for the Blue Ridge Parkway Visitors Center Grand Opening. (Elmer Hodge, County Administrator) KATHI SCEARCE PRESENT TO ACCEPT RECOGNITION 3. Recognition of Board member H. Odell Fuzzy Minnix for 10 years service on the Board of Supervisors. 2 HCN RECOGNIZED HOM AND PRESENTED HIM WITH A PLAQUE FROM VACO. D. BRIEFINGS 1. Briefing on Brush Fire on Bent Mountain (Fire and Rescue Chief Rick Burch and Chuck Hutsell, State Forestry Department) CHIEF BURCH AND MR. HUTSELL REPORTED ON THE RECENT FIRE ON BENT MOUNTAIN E. NEW BUSINESS 1. Approval of a Right-Of-Entry Agreement with Willie J. Keeling, Roanoke County and the Department of Environmental Quality; and an Inter-Agency Agreement between the Department of Environmental Quality and the County of Roanoke. (Paul Mahoney, County Attorney) A-111301-1 HOM MOTION TO APPROVE AGREEMENT AYES-JBC, HCN, HOM NAYS-J PM ABSENT-BLJ 2. Approval to enter into a contract with the Roanoke Valley SPCA for participation in a Regional Animal Impoundment Facility. (John M. Chambliss, Assistant County Administrator) NO ACTION TAKEN. STAFF TO SCHEDULE WORK SESSION FOR FURTHER DISCUSSION 3. Authorization to execute amulti-party agreement to settle lawsuit concerning the Route 419 crossover, appropriation of funds and approval of addendum to performance agreement with Springwood Associates. (Elmer Hodge, County Administrator) A-111301-2 HOM MOTION TO AUTHORIZE AGREEMENT AYES-JBC,HCN,HOM ABSTAIN-JPM 3 ABSENT-BLJ 4. Request to approve a resolution adopting a Legislative Program for the 2002 General Assembly session. (Paul Mahoney, County Attorney) BOARD CONSENSUS TO SCHEDULE WORK SESSION ON 12/4/01 PMM TO INVITE AREA LEGISLATORS TO ATTEND MEETING ON 1/2/02 AT 9:30 A.M. 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. JPM MOTION TO APPROVE 1ST READINGS 2ND AND PUBLIC HEARINGS - 12/18/01 URC WITH BLJ ABSENT 1. First reading of ordinance of petition of Richard M. Sink to obtain a Special Use Permit to conduct a Home Occupation Business in an accessory structure, located at 753 Plantation Circle, Hollins Magisterial District. 2. First reading of ordinance of petition of K & K Rentals, LLC to rezone .327 acres from C-1 Office District to C-2C General Commercial District with proffered C-2 uses, located at 3426 Brambleton and a portion of 3512 Brambleton Avenue, Cave Spring Magisterial District. 3. First reading of ordinance of petition of Calvary Chapel of Roanoke to obtain a Special Use permit for .891 acres for a religious assembly located at 4903 Starkey Road, Cave Spring Magisterial District. 4. First reading of ordinance of petition of Chase Potter to rezone 23.5 acres from AR, Agricultural Residential to AG-1 Agricultural/Rural Low Density District and obtain a Special Use Permit for a Shooting Range, Outdoor located at 3454 Randall Drive, Vinton Magisterial District. 4 G. FIRST READING OF ORDINANCES H. SECOND READING OF ORDINANCES 1. Second reading of ordinance authorizing the acquisition of real estate for the Carvin Creek Hazard Mitigation Project, Phase II, to reduce the number of structures in the Carvin Creek Floodplain. (George Simpson, Community Development Assistant Director) 0-111301-3 JPM MOTION TO ADOPT ORD URC WITH BLJ ABSENT WITH BLJ ABSENT 2. Second reading of ordinance accepting an offer for and authorizing the sale of property located at 400 East Main Street, Salem, Virginia (Salem Office Supply Building -City of Salem Tax Map No. 107-6-1 ). (Anne Marie Green, Director of General Services) MOVED TO ITEM T-6 IN EVENING SESSION I. APPOINTMENTS 1. Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals 2. Grievance Panel 3. Industrial Development Authority 4. League of Older Americans Advisory Council 5. Roanoke Valley Resource Authority JBC ANNOUNCED HE WOULD APPOINT A RESIDENT OF THE BRADSHAW ROAD AREA AT THE EVENING SESSION. 6. Roanoke County School Blue Ribbon Committee J. CONSENT AGENDA 5 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-111301-4 HOM MOTION TO ADOPT RESO URC WITH BLJ ABSENT 1. Approval of Minutes -August 14, 2001 2. Confirmation of Committee Appointments to: a. The Roanoke Valley Resource Authority b. The Southwest Development Financing, Inc. A-111301-4.a 3. Acceptance of $2,000 donation from the Salem Jaycees, Inc. for Camp Roanoke. A-111301-4.b 4. Donation of an easement from Richard A. Foster, Jr. and Helen G. Foster (Tax Map No. 15.00-01-10) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. A-111301-4.c 5. Donation of an easement from William R. Hodges, Jr., and Janette Coakley Hodges (Tax Map No. 15.00-01-11) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. A-111301-4.d 6. Adoption of a policy for exchange of assets with the Virginia Recreational Facilities Authority. R-111301-4.e 7. Adoption of a fiscal agent agreement between the County of Roanoke and the Virginia Recreational Facilities Authority. R-111301-4.f 6 K. REQUESTS FOR WORK SESSIONS LEGISLATIVE PROGRAM WORK SESSION SCHEDULED FOR 1214101 L. REQUESTS FOR PUBLIC HEARINGS NONE M. CITIZENS' COMMENTS AND COMMUNICATIONS NONE N. REPORTS HCN MOTION TO RECEIVE AND FILE - URC WITH BLJ ABSENT 1. General Fund Unappropriated Balance 2. Capital Fund Unappropriated Balance 3. Board Contingency Fund 4. Future School Capital Reserve 5. Accounts Paid -September 2001 6. Schedule of Expenditures and Estimated and Actual Revenues for the month ended September 30, 2001 7. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of September 30, 2001 and October 31, 2001 8. Report on Clean Valley Council meetings in September and October 2001. 9. Report on development of a new Roanoke County logo. 7 O. CLOSED MEETING pursuant to Code of Virginia • §2-3711.A.(1) -Consideration of prospective candidates for appointment to the Roanoke Valley Resource Authority and the Virginia Recreational Facilities Authority; • §2.2-3711.A.(7) -Consultation with legal counsel and briefings by staff members regarding a specific legal matter requiring the provision of legal advise, namely, Advance Auto performance agreement; • §2.2-3711.A.(3) -Discussion of the acquisition of real property for a public purposes, namely, Indian Grave Road, and discussion of the disposition of publicly-held property, namely, a portion of the Brambleton Recreational Center; and sale of publicly held property, Salem Office Supply; • §2.2-3711.A.(5) -Discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in Roanoke County; • §2.2-3711.A.(7) -Consultation with legal counsel concerning probable litigation, namely City/County boundary adjustments; HOM MOTION TO GO INTO CLOSED MEETING AT 4:55 P.M. URC WITH BLJ ABSENT CLOSED MEETING HELD FROM 5:20 P.M. TO 6:50 P.M. P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Work Session to review the Secondary Road System Six Year Construction Plan (2002-2008) and Consideration of Projects for FY 2002-2003 VDOT Revenue Sharing Program. (Arnold Covey, Community Development Director) HELD FROM 5:05 P.M. TO 5:20 P.M. PRESENTED BY ARNOLD COVEY. JAY KNIGHT, VDOT STAFF PUBLIC HEARING WILL BE HELD ON 12/18/01 2. Work Session to review proposed changes to Roanoke County Zoning Ordinance, Screening, Landscaping, and Buffer Yards. (Janet Scheid, Chief Planner) 8 HELD FROM 8:35 P.M. TO 8:40 P.M. PRESENTED BY JANET SCHEID AND CHRIS LOWE 3. Budget Work Sessions to review: (a) Overview (Elmer Hodge, County Administrator) (b) Results of County operations for the year ended June 30, 2001 (Dania) Morris, Finance Director) (c) Rollover requests from County departments (Brent Robertson, Budget Director) (d) Review of first quarter revenues for 2001-2002 (Brent Robertson, Budget Director) HELD FROM 8:40 TO 9:25 P.M. STAFF TO BRING BACK REVISION TO ROLLOVER POLICY THAT ALLOWS DEPARTMENTS TO USE ROLLOVER FUNDS FOR ANY NON- RECURRING EXPENSE. EVENING SESSION Q. CERTIFICATION RESOLUTION R-111301-5 HCN MOTION TO RETURN TO OPEN SESSION AND ADOPT CERTIFICATION RESO AND THAT THERE WAS NO DISCUSSION OF THE APPOINTMENTS TO THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY OR CITY/COUNTY BOUNDARY LINE ADJUSTMENT-URC WITH BLJ ABSENT R. NEW BUSINESS Request for appropriation as a result of operations for the year ended June 30, 2001. (Dania) Morris, Finance Director) ACTION TAKEN AFTER WORK SESSION A-111301-6 JPM MOTION TO APPROVE APPROPRIATIONS URC WITH BLJ ABSENT 2. Authorization for the County Administrator to execute such 9 documents as may be necessary to release Roanoke County and Advance Store Company, Inc. from obligations related to the Advance Headquarters expansion project. (Elmer Hodge, County Administrator) A-111301-7 HCN MOTION TO AUTHORIZE STAFF RECOMMENDATION AS AMENDED URC WITH BLJ ABSENT S. FIRST READING OF ORDINANCES 1. First reading of ordinance authorizing the conveyance of approximately 30 acres of County-owned property located at the Center of Research and Technology to the Industrial Development Authority. (Douglas Chittum, Economic Development Director) JPM MOTION TO APPROVE 1ST READING 2ND _ 1214/01 URC WITH BLJ ABSENT T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES ----------------------------------------------------------------------------------------------------------- THE FOLLOWING PETITION WAS CONTINUED BY THE PLANNING COMMISSION AND WILL NOT BE HEARD THIS EVENING Second reading of ordinance to obtain a Special Use Permit for 8.91 acres for a religious assembly located at Va. Rte. 311/Laurel Mountain Road intersection, Catawba Magisterial District upon the petition of Star City Church of Christ. 1. Second reading of ordinance to obtain a Special Use Permit for 11.71 acres for a private stable located at 4911 Poor Mountain Road, Catawba Magisterial District upon the petition of Stephen D. and Ruth E. Nash. (Janet Scheid, Chief Planner) 0-111301-8 JBC MOTION TO ADOPT ORD WITH ADDITIONAL CONDITION THAT MANURE WILL BE REMOVED ON A WEEKLY BASIS URC WITH BLJ ABSENT 2. Second reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for 10 expansion of a medical- clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District, upon the petition of Windsor House. (Janet Scheid, Chief Planner) 0-111301-9 JPM MOTION TO ADOPT ORD REVISED TO REZONE ONLY 1200 SQ. FEET ACCORDING TO DRAWING SUBMITTED. URC WITH BLJ ABSENT 8 RESIDENTS SPOKE IN SUPPORT OF REVISED PLAN 3. Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG- 3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. (Janet Scheid, Chief Planner) (CONTINUED FROM SEPTEMBER 25, 2001 AND OCTOBER 23, 2001) CONTINUED AT REQUEST OF PETITIONER TO 12/18/01 4. Second reading of ordinance to amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner) ACTION TAKEN AFTER WORK SESSION 0-111301-10 HOM MOTION TO ADOPT ORD URC WITH BLJ ABSENT 5. Second reading of ordinance to amend the Roanoke County Zoning Ordinance, Section 30-23, Non-Conforming Uses and Structures upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner) 0-111301-11 HCN MOTION TO ADOPT ORD URC WITH BLJ ABSENT 6. Second reading of ordinance accepting an offer for and authorizing the sale of property located at 400 East Main Street, Salem, Virginia (Salem Office Supply Building -City of Salem Tax Map No. 107-6-1 ). 11 (Anne Marie Green, Director of General Services) 0-111301-12 HCN MOTION TO REJECT ALL OFFERS AND DIRECT STAFF TO RESEARCH THE OPTIONS CURRENTLY AVAILABLE MORE FULLY URC WITH BLJ ABSENT U. CITIZEN COMMENTS AND COMMUNICATIONS CITIZEN WHO DID NOT IDENTIFY HERSELF SUGGESTED THAT THE PLANNING COMMISSION HAVE LEGAL ADVICE AT THEIR MEETINGS. V. REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Nickens• advised he attended the annual VACO conference and that there were more than 1150 participants. The conference provides an opportunity for elected and other local government officials to network The key message was that the nation is going through difficult times. Supervisor McNamara• (.~ Commended the County paid and volunteer fire and rescue personnel and others who responded to the fire on Bent Mountain .(2) Announced he also attended the VACO conference, that HCN serves as the representative for Region 11, and that VACO provides a solid voice in lobb~/ing the General Assembly and dealing with vendors (.3) Felt that the slower revenue growth was predictable, but the County will have a balanced budget (4) Advised that at the VACO conference were representatives from Arlington County who described the response to the terrorist attack at the Pentagon and that all localities worked together He was proud to feel that Roanoke County also responds in similar ways. Supervisor Church• (1) Thank Janet Scheid for her memo on the speed limit on Carvins Cove, and that he was disappointed in VDOT's response not to have a posted limit. (2) Heard from a gentleman who brings his grandson to the airport to watch the airplanes but with recent security measures, he can no longer get close to the airplanes Asked ECH to work with the Airport staff to find a way for people to see the airplanes landing and taking off (3) Wished his granddaughter a happy birthday. Supervisor Minnix• Received a list of people who have made generous donations to Clearbrook Elementary School and he plans to write 12 a letter of appreciation to each of them. He suggested that other supervisors send a similar letter to those who donate to schools in their district. W. CLOSED MEETING JBC MOTION TO GO INTO CLOSED MEETING AT 9:30 PM TO DISCUSS REMAINING ITEMS -URC WITH BLJ ABSENT W CERTIFICATION RESOLUTION R-111301-13 JBC MOTION TO RETURN TO OPEN SESSION AND ADOPT CERTIFICATION RESOLUTION AT 9:52 PM -URC WITH BLJ ABSENT W. ADJOURNMENT HOM MOTION TO ADJOURN AT 9:53 P.M. - UW 13 ~ ElOANps.~ ~ ~ az ~~~~~ ~~ ~~~~.~t.~ 1838 ROANOKE COUNTY BOARD OF SUPERVISORS AGENDA NOVEMBER 13, 2001 ~ff~~~ 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, will be rebroadcast on Thursday at 7 p.m. and Saturday at 4 p.m., and are now closed captioned. BECAUSE OF THE THANKSGIVING AND CHRISTMAS HOLIDAYS, THE ONLY MEETING IN NOVEMBER WILL BE NOVEMBER 13 AT 3:00 P.M. AND 7:00 P.M. THE DECEMBER MEETINGS WILL BE HELD ON DECEMBER 4 AT 3:00 P.M. AND DECEMBER 18 AT 3:00 P.M. AND 7:00 P.M. Individuals who require assistance or special arrangements to participate in or attend Board of Supervisors meetings should contact the Clerk to the Board at (540) 772-2005 at least 48 hours in advance so reasonable accommodations may be made. THERE WILL BE A MEETING OF THE AUDIT COMMITTEE THIS AFTERNOON AT 2:00 P.M. PRIOR TO THE REGULAR BOARD OF SUPERVISORS MEETING A. OPENING CEREMONIES (3:00 P.M.) 1. Roll Call 2. Invocation: The Reverend Becky Proctor, Associate Minister Rosalind Baptist Church 3. Pledge of Allegiance to the United States Flag B. REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF 1 ® Recyded Paper AGENDA ITEMS C. PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS, AND PRESENTATIONS 1. Proclamation Declaring November 11-17, 2001 as American Education Week in Roanoke County. 2. Recognition of Community Relations Department for receiving the Public Relations Society of America-Blue Ridge Chapter award for the Blue Ridge Parkway Visitors Center Grand Opening. (Elmer Hodge, County Administrator) D. BRIEFINGS E. NEW BUSINESS 1. Approval of a Right-Of-Entry Agreement with Willie J. Keeling, Roanoke County and the Department of Environmental Quality; and an Inter-Agency Agreement between the Department of Environmental Quality and the County of Roanoke. (Paul Mahoney, County Attorney) 2. Approval to enter into a contract with the Roanoke Valley SPCA for participation in a Regional Animal Impoundment Facility. (John M. Chambliss, Assistant County Administrator) 3. Authorization to execute amulti-party agreement to settle lawsuit concerning the Route 419 crossover, appropriation of funds and approval of addendum to performance agreement with Springwood Associates. (Elmer Hodge, County Administrator) 4. Request to approve a resolution adopting a Legislative Program for the 2002 General Assembly session. (Paul Mahoney, County Attorney) F. REQUEST FOR PUBLIC HEARINGS AND FIRST READING OF REZONING ORDINANCES -CONSENT AGENDA: Approval of these items does not indicate supporf for, or judge the merits of, the 2 requested zoning actions but satisfies procedural requirements and schedules the Public Hearings which will be held after recommendation by fhe Planning Commission. G. H. 1. First reading of ordinance of petition of Richard M. Sink to obtain a Special Use Permit to conduct a Home Occupation Business in an accessory structure, located at 753 Plantation Circle, Hollins Magisterial District. 2. First reading of ordinance of petition of K & K Rentals, LLC to rezone .327 acres from C-1 Office District to C-2C General Commercial District with proffered C-2 uses, located at 3426 Brambleton and a portion of 3512 Brambleton Avenue, Cave Spring Magisterial District, 3. First reading of ordinance of petition of Calvary Chapel of Roanoke to obtain a Special Use permit for .891 acres for a religious assembly located at 4903 Starkey Road, Cave Spring Magisterial District. 4. First reading of ordinance of petition of Chase Potter to rezone 23.5 acres from AR, Agricultural Residential to AG-1 Agricultural/Rural Low Density District and obtain a Special Use Permit for a Shooting Range, Outdoor located at 3454 Randall Drive, Vinton Magisterial District. FIRST READING OF ORDINANCES SECOND READING OF ORDINANCES Second reading of ordinance authorizing the acquisition of real estate for the Carvin Creek Hazard Mitigation Project, Phase II, to reduce the number of structures in the Carvin Creek Floodplain. (George Simpson, Community Development Assistant Director) 2. Second reading of ordinance accepting an offer for and authorizing the sale of property located at 400 East Main Street, Salem, Virginia (Salem Office Supply Building -City of Salem Tax Map No. 107-6-1 ). (Anne Marie Green, Director of General Services) APPOINTMENTS Building Code Board of Adjustments and Appeals serving as Fire Code Board of Appeals 3 2. Grievance Panel 3. Industrial Development Authority 4. League of Older Americans Advisory Council 5. Roanoke Valley Resource Authority 6. Roanoke County School Blue Ribbon Committee 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 -August 14, 2001 2. Confirmation of Committee Appointments to: a. The Roanoke Valley Resource Authority b. The Southwest Development Financing, Inc. 3. Acceptance of $2,000 donation from the Salem Jaycees, Inc. for Camp Roanoke. 4. Donation of an easement from Richard A. Foster, Jr. and Helen G. Foster (Tax Map No. 15.00-01-10) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 5. Donation of an easement from William R. Hodges, Jr., and Janette Coakley Hodges (Tax Map No. 15.00-01-11) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 6. Adoption of a policy for exchange of assets with the Virginia Recreational Facilities Authority. 7. Adoption of a fiscal agent agreement between the County of Roanoke and the Virginia Recreational Facilities Authority. 4 K. REQUESTS FOR WORK SESSIONS L. 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 -September 2001 6. Schedule of Expenditures and Estimated and Actual Revenues for the month ended September 30, 2001 7. Statement of Treasurer's Accountability per Investment and Portfolio Policy as of September 30, 2001 and October 31, 2001 8. Report on Clean Valley Council meetings in September and October 2001. 9. Report on development of a new Roanoke County logo. O. CLOSED MEETING pursuant to Code of Virginia • §2-3711.A.(1) -Consideration of prospective candidates for appointment to the Roanoke Valley Resource Authority; • §2.2-3711.A.(7) -Consultation with legal counsel and briefings by staff members regarding a specific legal matter requiring the provision of legal advise, namely, Advance Auto performance agreement; • §2.2-3711.A.(3) -Discussion of the acquisition of real property for a public purposes, namely, Indian Grave Road, and discussion of the disposition of 5 publicly-held property, namely, a portion of the Brambleton Recreational Center; • §2.2-3711.A.(5) -Discussion concerning a prospective business or industry where no previous announcement has been made of the business or industry's interest in locating its facilities in Roanoke County; • §2.2-3711.A.(7) -Consultation with legal counsel concerning probable litigation, namely City/County boundary adjustments; P. WORK SESSION (4T" FLOOR CONFERENCE ROOM) 1. Work Session to review the Secondary Road System Six Year Construction Plan (2002-2008) and Consideration of Projects for FY 2002-2003 VDOT Revenue Sharing Program. (Arnold Covey, Community Development Director) 2. Work Session to review proposed changes to Roanoke County Zoning Ordinance, Screening, Landscaping, and Buffer Yards. (Janet Scheid, Chief Planner) 3. Budget Work Sessions to review: (a) Overview (Elmer Hodge, County Administrator) (b) Results of County operations for the year ended June 30, 2001 (Dania) Morris, Finance Director) (c) Rollover requests from County departments (Brent Robertson, Budget Director) (d) Review of first quarter revenues for 2001-2002 (Brent Robertson, Budget Director) EVENING SESSION Q R. CERTIFICATION RESOLUTION NEW BUSINESS 1. Request for appropriation as a result of operations for the year ended June 30, 2001. (Dania) Morris, Finance Director) 2. Authorization for the County Administrator to execute such documents as may be necessary to release Roanoke County and Advance Store Company, Inc. from obligations related to the 6 Advance Headquarters expansion project. (Elmer Hodge, County Administrator) S. FIRST READING OF ORDINANCES First reading of ordinance authorizing the conveyance of approximately 30 acres of County-owned property located at the Center of Research and Technology to the Industrial Development Authority. (Douglas Chittum, Economic Development Director) T. PUBLIC HEARINGS AND SECOND READING OF ORDINANCES THE FOLLOWING PETITION WAS CONTINUED BY THE PLANNING COMMISSION AND WILL NOT BE HEARD THIS EVENING Second reading of ordinance to obtain a Special Use Permit for 8.91 acres for a religious assembly located at Va. Rte. 311/Laurel Mountain Road intersection, Catawba Magisterial District upon the petition of Star City Church of Christ. ----------------------------------------------------------------------------------------------------------- 1. Second reading of ordinance to obtain a Special Use Permit for 11.71 acres for a private stable located at 4911 Poor Mountain Road, Catawba Magisterial District upon the petition of Stephen D. and Ruth E. Nash. (Janet Scheid, Chief Planner) 2. Second reading of ordinance to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District, upon the petition of Windsor House. (Janet Scheid, Chief Planner) 3. Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG- 3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. (Janet Scheid, Chief Planner) (CONTINUED FROM SEPTEMBER 25, 2001 AND OCTOBER 23, 2001) 4. Second reading of ordinance to amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner) 7 5. Second reading of ordinance to amend the Roanoke County Zoning Ordinance, Section 30-23, Non-Conforming Uses and Structures upon the petition of the Roanoke County Planning Commission. (Janet Scheid, Chief Planner) U. CITIZEN COMMENTS AND COMMUNICATIONS V. REPORTS AND INQUIRIES OF BOARD MEMBERS W. ADJOURNMENT 8 C-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 PROCLAMATION DECLARING NOVEMBER 11 - 17, 2001 AS AMERICAN EDUCATION WEEK IN ROANOKE COUNTY WHEREAS, public schools are the backbone of our democracy, providing young people with the tools they need to maintain our nation's precious values of freedom, civility, and equality; and WHEREAS, by equipping young Americans with both practical skills and broader intellectual abilities, schools give them hope for, and access to, a productive future; and WHEREAS, education employees, be they custodians or teachers, bus drivers or librarians, work tirelessly to serve our children and communities with care and professionalism; and WHEREAS, Roanoke County Public Schools have a long and honorable history of providing an outstanding education at all levels, from elementary through high school; and WHEREAS, schools are community linchpins, bringing together adults and children, educators and volunteers, business leaders and elected officials in a common enterprise. NOW, THEREFORE, WE, the Board of Supervisors of Roanoke County, Virginia, do hereby proclaim November 11 -17, 2001, as the 80th annual observance of AMERICAN EDUCATION WEEK, in recognition of the Roanoke County School Board, the Public School System, its staff and employees, and commend them on their dedication to learning, teaching and caring for our children, the future of Roanoke County. 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: November 13, 2001 AGENDA ITEM: Recognition of the Community Relations Department for receiving the Blue Ridge Chapter Public Relations Society of America. Award for the Blue Ridge Parkway Visitors Center Grand Opening COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: I'm pleased to announce that the Roanoke County Community Relations Department is the recipient of an award from the Public Relations Society of America -Blue Ridge Chapter for the Blue Ridge Parkway Visitors Center Grand Opening celebration held on May 7, 2001. The event, an unusual partnership between the National Park Service, Roanoke County and Virginia's Explore Park, included comments by the Secretary of the Interior Gale Norton, Senator John Warner and Congressman Bob Goodlatte. Special credit should go to Community Relations Director Kathi Scearce who chaired the committee responsible for planning and coordinating the very successful celebration. A committee comprised of County, Explore Park and National Park Service staff assisted Ms. Scearce and should also be recognized for their contributions. Attached is a news release with additional information about the PRSA Summit Award. Respectfully Submitted by Elmer C. Hodge County Administrator ` ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ I ACTION VOTE No. Yes Abs Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Church _ _ Johnson McNamara- _ Minnix _ Nickens _ _ cc: File O~ ROANp,Y~ 3 A ti ~ ~ I- > A ~ '" ` ~ ~ ~ ~~ ~ NEWS RELEASE 1838 For Immediate Release Contact: Kathi B. Scearce, Director of Community Relations 540-772-2010 kscearce(a,co.roanoke.va.us Community Relations Attains Summit With Visitor Center Event Community Relations Captures PRSA Summit Award October 26, 2001 -Roanoke, Virginia -The Roanoke County Community Relations Department captured top billing in the Special Project category Saturday night at the first annual gala Summit Awards event hosted by the Public Relations Society of America (PRSA) -Blue Ridge Chapter. Community Relations submitted the winning entry for its direction and coordination of the Blue Ridge Parkway Visitor Center Dedication and Grand Opening Event held May 7, 2001. A Fort Worth, Texas PRSA chapter judged the entries using set criteria in the selection process. Judges were not required to select a winner in any given category if, in their opinion, there were no entries that met the criteria. "This is wonderful! I'm thrilled that my peers in Fort Worth found my submission worthy of this award," said Kathi B. Scearce, Community Relations Director. "This category had several very strong competitors, and I share this award with staff members from the County, Explore Park and the National Park Service who helped to make the event such a terrific success." Held on May 7, 2001, the dedication and grand opening of The Blue Ridge Parkway Visitor Center featured U.S. Secretary of Interior, Gale Norton, as the keynote speaker. Musical performances by Marianne Sandborg and the Roanoke College Children's Choir preceded an unusual dedication ceremony, where partner representatives planted three trees in a triangular landscape design around a single dogwood. Senator John Warner and Congressman Bob Goodlatte, whose combined efforts were instrumental in the development of the project, offered their remarks at the event. Local radio, television and newspapers covered the event, and CNN aired a brief news item with local news footage. Created with federal, state, local and private funds, the Blue Ridge Parkway Visitor Center is a strategic partnership between the National Park Service, Roanoke County and Virginia's Explore Park. The only visitor center in the federal system named specifically for the Blue Ridge Parkway, the Visitor Center is one of only a few joint venture facilities of its kind in the National Park Service system. PRSA awards, at the local and national levels, are highly coveted by individuals in the public relations industry. Entries are judged by public relation professionals outside of the awards area for the correct use of public relation strategies. This is the first entry submitted by Ms. Scearce in her role as Community Relations Director for the County. About Roanoke County Roanoke County was founded in 1838 and adopted its first charter in 1986. The mission of the County is to be a government in partnership and in unity with its people, creating a progressive and innovative community. It is the primary goal of the County government to be an excellent steward of the resources entrusted to it by County citizens and to add value to those resources through the delivery of a broad spectrum of efficient, quality services. ### A-111301-1 ACTION NO. ITEM N O. C AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Approval of aRight-Of--Entry Agreement with Willie J. Keeling, Roanoke County and the Department of Environment<~1 Quality; and an Inter- Agency A~,~reement between die Department of Environmental Quality and the County of Roanoke COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval of this agreement between the State DEQ and County. Mr. Mahoney and Rick Weeks, the local DEQ director have worked very hard to resolve a long standing safety hazard for Roanoke County. They are both to be commended. I support the request for local funds and the addition of one temporary full-time employee. Now is the time to move forward on this project before the state funds are allocated to another locality in Virginia. EXECUTIVE SUMMARY: The Right-Of-Entry A~~eement with Willie J. Keeling and the Department of Environmental Quality ("DEQ") grants the County rind DEQ the right to enter upon Mr. Keeling's property for the purpose of (i) conducting a preliminary site assessment; (ii) making evaluations quid/or conducting environmentill samplings and assessments; (iii) removing and properly disposing of waste tires; and (iv) engaging in such other conduct necessary and/or incidental to this project. The Inter-Agency Agreement with DEQ provides drat the County will arrange access to the Keeling property, develop a remediation plan, implement site improvements and implement clean up activities and any approved closure-in-place activities. DEQ shall reimburse die County for these various activities in an amount not to exceed $1,410,000. This action approves dais Right-Of--Entry Agreement and this Inter-Agency Agreement, and authorizes the County Administrator to execute these agreements on behalf of Roanoke County. SUMMARY OF INFORMATION: These agreements provide for die removal and proper disposal of the waste tires from dle Keeling illegal fire dump located on approximately 139 acres off Starlight Drive (Rt. 615) in southwestern Roanoke County. DEQ estimated that approximately 2.8 million passenger tires are stored on about 20 acres of this property. I I-13 KeclinR-DLQA~,Teement.doc r .r . /ice Both the County and DEQ have taken a variety of enforcement actions against Mr. Keeling over the past 14 years to correct these environmental problems; however, these have been unsuccessful in cleaning up the tires from the property. If the Board approves these agreements, the County will arrange for the various actions described above. County staff will follow the provisions of the Virginia Public Procurement Act in hiring various contractors to perform the work identified under these agreements. DEQ will reimburse the County for these contract expenditures. It is anticipated that this work can be completed within three years. Staff recommends that the Board authorize the hiring of a person to monitor the day-to- day operations at ttie Keeling property. This position would be similar to the positions approved for the Dixie Caverns clean up. Staff also recommends that the Board authorize and approve an appropriation of $_____________ to pay for Mr. Keeling's legal counsel in negotiating these agreements. Competent legal counsel will assure all parties that these agreements satisfy all substantive and procedural due process requirements. Either the County or DEQ may terminate their agreement at any time and during any action or phase of work. Upon termination the County will have no further liability or responsibility for any additional work or clean up activities at the property. Both the County and DEQ acknowledge that this agreement is subject to future appropriations by the Board of Supervisors and the General Assembly. FISCAL IMPACTS: Over the next three years the County will receive reimbursements in an amount not to exceed $1.4 Million for work approved and authorized by DEQ. DEQ will reimburse the County monthly, therefore the County will have to advance funds to pay vendors and Conti actors. STAFF RECOMMENDATION: 1) It is recommended that the Board of Supervisors authorize the County Administrator to execute the Right-Of--Entry Agreement on behalf of the County, by and between Willie J. Keeling, the Roanoke County Board of Supervisors and the Department of Environmental Quality, upon form approved by the County Attorney. 2) It is recommended that the Board of Supervisors authorize the County Administrator to execute the Inter-Agency Agreement on behalf of the County, by and between the Roanoke County Board of Supervisors and the Department of Environmental Quality, upon form approved by the County Attorney. 3) It is recommended that the Board of Supervisors designate Dan O'Donnell, Assistant County Administrator, as the Project Manager, and authorize the hiring of a temporary, full-time position to monitor the work under these agreements. 1 l-13 Keeling-DI:QA~,meementdoc ~~- f 4) It is recommended that the Board of Supervisors authorize the expenditure of an amount not to exceed $20,000 to pay Mr. Keeling's legal counsel fees. This expenditure is from funds previously appropriated by the Board for outside counsel fees. 5) It is recommended that the Board of Supervisors appropriate $1,410,000 of revenue from DEQ to an account to pay vendors and contractors under these agreements, this account to be reimbursed by monthly report and invoice by DEQ. Respectfully submitted, Paul M. Mahoney County Attorney ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix motion to Church _ x _ Denied () approve agreement Johnson _ _ x Received () McNamara x _ _ Referred () Minnix _ x _ To () Nickens x cc: File Paul M. Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Dan O'Donnell, Assistant County Administrator U:\WPDOCS\LIT\KEELING\KeelingDEQAgreementsapproval. rpt. doc s ACTION NO. ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Request for Approval to Sign the Contract with the Roanoke Valley SPCA for Participation in a Regional Animal Impoundment Facility COUNTY ADMINISTRATOR'S COMMENTS: Recommend approval. This is another example of Valley cooperation. Please note that our costs will increase significantly from the current $35,000 per year to almost $200,000 per year. It won't impact the current budget and any impact in next years's budget will be brought to you during the budget process. BACKGROUND: For over fifteen years, the Roanoke Valley SPCA has operated the animal impoundment facility for the Roanoke Valley governments (Roanoke City, Roanoke County, Botetourt County and Town of Vinton) in their facility at 1313 Eastern Avenue NE in the City of Roanoke (behind E. J. Thomas store). This facility consists of a farmhouse style structure and associated fenced areas and is located in a flood plain. The existing facility no longer meets the standards of the State Veterinarian's office. During the flood of 1985, the property was significantly damaged by the flood waters and the age and style of construction of the building do not make further renovation or expansion on that portion of their site feasible. The localities have been working with the staff and Board of Directors of the SPCA, and with the State Veterinarian's office to design a new facility on other property owned by the SPCA located to the South of their existing structure. This portion of the property is at a higher elevation thus removing the flood plain hazard. The new complex will be composed of two structures, one being the SPCA's education and adoption center and the other being the regional impoundment facility. The SPCA recently purchased and re-zoned additional adjacent property to locate the proposed impoundment portion of the facility. A site plan is attached for your review. 1 s _ ~' _~ The new impoundment facility must be constructed to meet current standards as established by the State Veterinarian's office. These governing guidelines deal with issues including adequate air exchanges, proper temperature control, exercise space, and efforts for disease control. The facility will also have euthanasia and crematory areas. The impoundment facility will be operated for the localities by the SPCA through one of their sub-contract groups. The Roanoke Valley SPCA will build, operate and own the impoundment facility, and the localities will pay the debt service for the impoundment facility and for their share of the operating costs. The cost sharing among the localities is based on the historical usage of the impoundment facility, and will be adjusted every three years. Financing for the impoundment facility will be handled by the Botetourt County Industrial Development Authority. It is anticipated that the new facility will be operational in the Spring of 2003. The separate education and adoption facility will be owned, operated, and financed by the Roanoke Valley SPCA through its own fund raising efforts. Most of the animals handled through the SPCA education and adoption center will be animals released by their owners. Should the impoundment facility have other animals which remain unclaimed after the required holding period, the SPCA will have the option of examining those animals for acceptance into their adoption program. The education component of the SPCA program will be to encourage spay / neuter programs, teach responsible pet management, and work to curtail the population growth of unwanted pets and stray animals. The SPCA will also work with the local veterinarians and the Veterinarian College at Virginia Tech in its education and management programs. The contract provides for an advisory board with representation from each participating jurisdiction, the SPCA Board of Directors and a representative of the sub-contractor for operations appointed by the SPCA who will review the budgets, approve policy matters related to the operation of the impoundment facility and recommend the necessary budget requirements to the Administrator / Manager of the participating jurisdictions for inclusion in their budget. The capital cost 2 ~~ (debt service) will be in the form of lease payments sufficient to pay the debt payments for the 15 - 20 year term of the financing. The operating costs will be as an annual operating budget under a non-appropriation provision, however, it is anticipated that the operating costs will be paid using the percentage of use basis. The contract will expire June 30, 2032 and is renewable annually thereafter unless one party gives 180 day notice. Animal Control services by localities are a required service pursuant to section 3.1 of the Code of Virginia and the localities in this agreement have determined that this type of regional impoundment system will be the most cost effective and efficient. The proposed impoundment facility will be approximately 18,640 square feet. Much of the impoundment facility will have surfaces similar to hospital type for cleaning, disease control, noise containment, etc.). Correspondence from Dr. Bridgette Quatman, DVM, a local veterinarian who serves on the SPCA Board of Directors who has been instrumental in helping to design this much needed facility is attached for your review. She has worked with the SPCA's architect, the Virginia Tech Veterinarian school, the State Veterinarian office, the Humane Society of the United States and other consulting groups to assure that our design is adequate for the foreseeable future and compliant with current standards. Her expertise and concern has been important in looking after the needs of the animals to be served and also the staff that will be working at the facility. ALTERNATIVES: 1. Participate with the other localities for a regional facility to be owned and operated by the SPCA. The primary role of the SPCA will be to operate their education and adoption center which will be funded through their own fund raising efforts. Animals housed there will be from those released by their owners and from unclaimed animals to be transferred from the impoundment facility. The impoundment facility will be constructed, owned and operated by the SPCA and will house all animals delivered by our Animal Control 3 ~-~ staff, strays brought in by the public, and animals released by an owner which are not suitable for adoption. Animals in the impoundment facility beyond the required holding periods which are not suitable for adoption, will be euthanized and properly disposed. There is an economy of scale by participating as a part of a regional effort to avoid duplication of services, especially of going through the process of siting and zoning for a new shelter. Having the SPCA to handle the adoption program will eliminate that cost to the localities. The cost of operating the impoundment facility will be shared thus reducing the direct cost. The total capital cost of the new impoundment facility is estimated at $3.5 million including the equipment and other capitalized costs. These capital costs will be shared by the localities based on their historical usage of the impoundment facility and the ratio will be adjusted every three years. Budgeting for the new cost will begin approximately July 2003. The total operating cost of the new impoundment facility is projected to be $478,618 for the first year and will likewise be shared by the localities based on the historical usage. The current operating cost of the SPCA for the impoundment portion of their budget is $160,000. Today, some of their labor is based on volunteers and there is some donated product such as food, cat litter, etc. to offset some costs. The operating budget of the new facility anticipates the cost of the other special air handling equipment, cleaning costs, disease control efforts, and the use of full-time and part-time staff. The initial share of the cost for Roanoke County is based on 22% share of usage and would be approximately $79,000 annually for the share of the capital cost and $105,300 annually for the share of the operating budget. This compares to our cost today of approximately $35,000 per year for operations. 2. Build a shelter on our own. This process would require a more expensive solution for each of the localities. Each would be responsible for siting a facility; building, 4 ' ~ ~~ equipping and operating their shelter; the feeding, care and disposal of the towards adoption programs. The current appropriate for renovation and the complies with the standards of the office. providing staff for animals; and working SPCA facility is not facility no longer State Veterinarian's 3. Participate with another locality. The City of Salem is the only other jurisdiction in the immediate area that has it's own facility. They recently completed a new facility on property that they owned, however, the site was not large enough to accommodate the needs of the other jurisdictions. This is not a viable alternative for our needs at this time. FISCAL IMPACT: Roanoke County currently spends approximately $35,000 per year as our share of the operating cost of the impoundment operations of the SPCA. Much of that service is provided by volunteers and is based on the inadequacy of the facility (lack of air exchange equipment, inadequate wall and floor covering, etc), therefore, this cost is not a true depiction of the cost of operating a compliant facility. Based on our historical usage (22%), our share of the projected operating budget would be $105,300 and our share of the annual debt (capital) cost would be $79,000 (payable until the impoundment facility is paid off). Any debt service and operating cost associated with the SPCA education and adoption facility will be paid by the SPCA. RECOMMENDATIONS: Staff recommends that the County Administrator be authorized to execute the agreement with the SPCA and the other Roanoke Valley governments for the construction and operation of the new impoundment shelter facility upon forms approved by the County Attorney. Botetourt County has already approved this action and the other jurisdictions are presenting the information to their governing bodies during November. The architect is prepared to complete the construction drawings and we hope that the project can begin in the Spring of 2002. We anticipate use of the new facility in the Spring of 2003. 5 ~' . }.• Y.. Respectfully submitted, Approved by, John M. Chambliss, Jr. Elmer C. Hodge Assistant Administrator County Administrator ----------------------------------------------------------------- ACTION VOTE Approved ( ) Motion by: No Yes Abs Denied ( ) Church Received ( ) Johnson Referred ( ) McNamara To ( ) Minnix Nickens 6 ROANOKE ANIMAL ~IOSPITAL ~ ; 2814 Franklin Road, S.W. Roanoke, Vuginia 24014 (540) 343-8021 Fax (540) 343-6452 Mark R. Finkler, D.V.M. David J. Rolfe, D.V.M. Bridget M. Quatmann, D.V.M. Laura P. Nelson, D.V.M. October 22, 2001 New Regional Pound Facility= Interested Parties Re: New Regional Pound Facility for the Benefit of the City of Roanoke, Roanoke County, Botetourt County and the Town of Vinton, Virginia and to be Managed by the Roanoke Valley Society for the Prevention of Cruelty to Animals (RVSPCA} Dear Madam or Sir: As a veterinarian and significant participant in the design process of the new Regional Pound Facility, I was requested to explain some of the building's specific requirements as well as the research that went into its development. Planning for the new Regional Pound Facility has been ongoing with the planning of the RVSPCA Adoption and Education Center to be built immediately next door to the Pound Facility. Plamvng for the new RVSPCA Adoption and Education Center began in 1997 and has been ongoing since that time. The Virginia-Maryland Regional College of Veterinary Medicine at Virginia Tech graciously contributed time and expertise both in the Center's plan development and review. The State Veterinarian's office similarly participated. A National animal shelter planning seminar put on by the American Humane Association was attended jointly by our architect, Executive Director, Shelter Committee chair and myself Our Executive Director, Mr. Don Thorne has visited numerous shelters both within the state and surrounding regions to evaluate both the physical facilities as well as programs, administration and associated concerns while I have done extensive research into the successful models of animal sheltering around the co~mtry. The considerable knowledge base thus acquired. was then applied to the development of plans for the new Regional Pound Facility along with extensive input from the Animal Control Department of each participating municipality. As with all such plans, revisions to effect cost savings have been performed on several occasions. The most recent cost saving meeting raised questions concerning relatively expensive materials and engineering specifications. It is to this end that I offer the following information. Animal facilities rival hospitals with regard to building measures to control disease and rival jails with regard to the inmates' potential for destruction. Take, for example, flooring. It must be sealed to prevent penetration of viruses, bacteria and parasite eggs (many of which are infectious to humans) yet be non- slip, readily cleanable and able to withstand daily wear and tear of digging nails, teeth and harsh cleansers. Air handling systems must be used to prevent the spread of airborne particles which also serve as a primary means of disease transmission (to animals, staff and the public). Windows may seem luxurious until their roles in dessication (drying out) of cleaned surfaces (an integral step to reducing disease transmission) and in reducing stress in both employees and animals are figured in. In 1998 the American Humane Association recommended budgeting $125 to $250Jsquare foot when planning a new animal shelter. Our current budget is $113/square foot. On a separate note, I would like to share with you a concern I voiced at the October 15, 2001 meeting that also prompted this letter. Given the recent threats and acts of bioterrorisrn in our country, I wonder if and in what capacity our Animal Control Departments may need to support our Public Health Departments in the firture. Please feel free to contact me if you would like additional information or if I may be of further assistance. Sincerely, .~.--1t `"/(( ~.~ ~,1. ~ ~, , ~:;~.;.~-_ Bridget Quatmann, b. V M. ~,,~, ®1 1 I ~~i ON ~~ - - ~I RVSPCA---.L_~---- ------ New Re i onal Pound_Facili Annual Bud et __ _ 1012212001 _ _ _ _ _ Revised budget estimate _ Revised sala est imate _ _ _ -____ -Operating E enses 1 Bud et _ Salarie_slWage Salaries/Wa es $256,058.00 Pound Manager FIT 1 $29,640.00 $29,640.00 Payroll Taxs $22,300.00 Front Desk Supervisor F(T 1 $23,280.00 $23,280.00 Hospitalization Insurance -- $231860.00 _ Front_Desk Clerk =FlT 1 _$19{240.00 _ _$19,240.00 Dental Insurance $2,800.00 Front Desk Clerk P/T 1 $13,650.00 $13,650.00 Workman Comp. $3 8000^00 Lead Animal Caretaker FIT 1 $21,320.00 -$21,320.00_ Staff Medical Shots Rabies _ $4,500.00 Animal_Caretaker FAT" 5 _$18,720.00 _$93,600.00 Wearing Apparel $1,500.00 Animal Caretaker PR 3 $12 376.00 _ __$3.7,12.8.0__0._ Utilities _ ,000.00 $30 - Janitorial, Grounds and Telephone _ $5,000.00 Maintenance FR 1 $18,200.00 _ $1_8,200_00 Animal Food/Cat Litter $8,000.00 _ __ Cleaning Supplies $61000_.00_ Refuse Service $4,500.00 Total 5256,058.00 Pest Control _ _ $11000.00 _Syringes,_Needles, Gloves _ $2,500.00 _ _ __ ______ _ ______ Educational Expense $1 000.00 __ _ ________ _ Euthanasia Su lies $4,500.00 _ _ Miscellaneous $3 000.00 _ _ _ ___ - Office Su lies/Printin $3,200.00 Financial: _ __ _ ___ Postage $800.00 Annual Debt Service $240 000.00 _ _ Insurance _ $7,500.00 O erating Reserve Fund ____ _ _.-_._ _Repairs/Maintenance $3000.00 _ Contribution 15%) 2 _ $63 693.00 _ icenses, Permits Taxes, L $400.00 Maintenance_Reserve Fund _ _ _ __._._ _ Vehicle Gas $700.00 Contribution 10% 2 $42 462.00 _____ Vehicle Insurance $1,800.00 ___ _ _ _ _ _ V_ehicle_Re airs $1 000.00 Total Financial E enses __$346,155.00 Dues & Subscriptions $200.00 _ _____ Shelter Equipment Expense $2,000.00 _ _ ______________ Le al Fees/Audit $6 300.00 Pager Service $900.00 __ Prof Service Buildin $1 000.00 Travel / Tr_ainin $11800.00 _ __ _______v__ Advertisin $2 000.00 Vet Fees; Lured Animals $3,200.00 _____ Flea & Tick Control $6,000.00 Service Contract Fees $2 500.00 __ $424,618.00 _________ _ Administration Fee: $54 000.00 _ ____ Administrator Accountant 13< Secrets `__ Total Operating Expense $478 618.00 _ __ Total Financial Expense 346155.00 _ ____ Total Annual Budget 5824 773.00 (1) Operating, Budget based on_a_proJecllon of the municipal regional pound facllily being operational In the. Spring - --- or early Summer of 2003. Unforeseen costs ma develop In the areas of utilities, emp~ment availabilfl rLand , changes In State Regulations etc.- _ _____ _ _ _ ___ ___ Contributions required until all reserve funds are full funded. _- _ -__________ ~" "` '~"~ RVSPCA __ _ __ ~--- __ Estimated Ca ital and Startup Cost for Municipal Region al Pound 10/23101 Construction Cost Re Tonal Pound Main(Front Office) Buildingl 6,000 sq.ft. X $ 113.00 $678 000 Re Tonal Pound Sack Section Buildin 11 800 s . ft. X $ 104.00 $1 227 200 _ Outside buildin for farm animals oats i s etc. 600 s .ft. X $ 60.00 $36 000 ------------ 112 cost of building connection to SPCA (480 sq.ft.~240 sg.ft. X $ 113.00 - -- ---- - ~ - $27,120 _ _ _ $1,968,320 Contin enc Based on 10% of Construction Cost $196,832 ____- _ _ - _ _ __ _ $196,832 Site Gradin 18 640 s .ft. x $ 12.00 $223 680 - As halt Pavin $40 000 Domestic Water $5 000 _ Sanita Sewer $4 500 _ Lawns, Grasses Landsca in $6,000 Fencin $40 000 ____ $319,180 Furnishings - Office areas for Animal Control ACS s Staff & citizen intake & release area $50,000 -- -- _ ___._._...__......_. $50,000 Equipment & Sup lies Crematorium Cost, Frei htlStartu Tech on site 3 da s Ca es Cost Frei ht installation $50,000 $70 000 Com uters Software Phones Securit S stem & installation $60 000 Dishwashers, Lawn Mower, Refrigerator Safe, Floor Polisher etc. $50,000 Animal controllin and care a ui ment $10 000 Other a ui ment: Storage Building~ater/food dishes1 raised Kennel Deck _ _ Camera micro chip readers Freezer, work tables stora a cabinets Co iers main office & Animal Control Vehicle. $30 000 $270,000 Pre-Construction Costs Dollars ex ended b SPCA Purchase of Land & Related Ex enses Zoin Surve Subsurface Ex $9_21000 ____ Architect Fees $162 520 Related cost to Building and Contract Development: Attorney Fees _ Review of tans b second source loan develo ment fees. $45,480 __, $300,000 Construction Period Interest $75,000 _ ____ - __ $75,000 Debt Issuance Cost ___ _ $25,000 _ _ _ - --- - ------- - ____ $2__5_,0.00_ Debt Reserve Fund $240 000 _.__ ___ 000 $_240, Operating Reserve Fun d _ __ __ _ _ $1001000 _ _ _ _ J_ __ ,0.0_0 _$_100 Startup Cost Staff em to ment & trainin office su lies rintin forms and informatio $40,000 _ _ _ _ $40,000 -- -- ----- -- -- $3,584,332 L' x W W U • W z ~ \ \ ~ \\ \\ \ \ \ ~ ST ~ \ \ \ ~~ \ \ ~ `~ ~ \ \ ~~ ~ ~ UNDISTUI~BBD _ T r ~ ~i EXISTIlVG 20' ~ GREENWAY EASEME: ~l • ~ ~ ~/ ice/ ~ I ~ ~ ~ / ~ ~ _ ~ i SHEET 4 OF 5 ATTACHMENT 'D' SPCA /REGIONAL ~ ~ s r ACTION NO. A-111301-2 ITEM NO. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Authorization to Execute aMulti-Party Agreement in Settlement of Lawsuit Concerning the Route 419 Crossover, Appropriation ofFunds, and Approval of Addendum to Performance Agreement with Springwood Associates EXECUTIVE SUMMARY: This is to request Board approval of a multi-party settlement agreement pertaining to the Route 419 Crossover at Springwood Park, Cave Spring Office Park and Wachovia Bank, and appropriation of $25,000 for the County's contribution to the settlement. Springwood Associates has requested amendment of its performance agreement with the County in conjunction with their participation in the settlement. The problem being addressed became evident only after the initial construction, and all of the affected parties are voluntarily contributing to the solution for improved traffic flow and the benefit of the public. BACKGROUND: Site plans approved by the Virginia Department of Transportation (VDOT) for Route 419 in connection with development of Springwood Park provided for traffic signalization at Ruby Tuesday's entrance on 419, requiring closure of the crossover at the entrance/exit to and from Cave Spring Office Park and Wachovia Bank. The plans were incorporated into Roanoke County's rezoning approval(s) for Springwood Park. The property owners were provided notice of the rezoning actions by the Board on two separate occasions. Upon completion ofthe road construction by Springwood, the owners of the Office Park and Wachovia Bank became aware of the crossover closure and objected. The Office Park owners, Lynwood S. Barton, Franklin M. Wheelock, and G. Alan McClellan, filed suit against VDOT. SUMMARY OF INFORMATION: Roanoke County staffand all ofthe parties involved have met on several occasions to address the various concerns and favorably resolve the situation. Among the several alternative proposals, the solution that is economically feasible and satisfactory to all parties is to reopen the crossover solely for alert-turn lane from the southwest bound lane of 419 into the entrance/exit of the Office Park and Bank, similar to the turn onto Bernard Drive. The estimated cost to construct the re- configuration is $100,000, with Wachovia Bank, the Office Park owners, and Roanoke County each ~~ ~-- contributing $25,000 to the project for a total of $75,000. Springwood Associates would be responsible for the construction and the balance of the cost. In return for their participation, Springwood Associates has requested a commitment from VDOT to proceed with installation of the traffic signalization within a 9-month timeframe and amendment of its performance agreement with the County to increase its incentives and/or extend the time periods for payments and generation of revenue. FISCAL IMPACTS: The County's share of $25,000 would be paid from the Public Private Partnership Account. STAFF RECOMMENDATION: Staffrecommends approval ofthe following authorizations to the County Administrator, upon approval as to form by the County Attorney: (1) to execute amulti-party settlement agreement to partially reopen and reconfigure the 419 crossover, with financial contributions from Barton, Wheelock, and McClellan, Wachovia Bank, Roanoke County, and Springwood Associates. (2) to obtain release of all potential or pending claims or suits. (3) appropriation of $25,000 for County's share of reconstruction (4) to execute an amendment to the performance agreement with Springwood Associates allowing an additional six (6) months for payment and generation of tax revenue. RESPECTFULLY SUBMITTED: ~i~~ -.~ Elmer C. Hodge County Administrator ------------------------------------------------------------------------------ ACTION ------------------------------------ VOTE No Yes Abs Approved (x) Motion by: H. Odell Minnix motion to Church _ x _ Denied () authorize agreement Johnson _ _ x Absent Received () McNamara- _ x Abstain Referred () Minnix _ x To () Nickens _ x cc: File Paul M .Mahoney, County Attorney Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Doug Chittum, Director, Economic Development 2 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: November 13, 2001 AGENDA ITEM: Resolution Adopting a Legislative Program for the 2002 Session of the Virginia General Assembly, and Petitioning the General Assembly to Favorably Consider the Topics and Issues Addressed Herein COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This Resolution is based upon previous legislative programs adopted by the Board; however, it has been modified as follows: (i) amending the legislation creating the Virginia Recreational Facilities Authority to allow Roanoke County and other participating local governments to appoint a majority of the members of its board of directors and requesting a reimbursement appropriation of $350,000 to address the failure of the Governor and the General Assembly to fund Explore Park; (ii) supporting the distribution of a portion of state income tax collections to localities for their unrestricted use; (iii)opposing U.S. Senate Bill 952 which would mandate recognition of unions as exclusive bargaining agents for and collective bargaining with police, fire and rescue employee unions; and (iv)requesting authority to impose civil penalties in lieu of criminal sanctions for certain public nuisance problems (inoperative motor vehicles, weeds and trash). Finally this office will attempt to schedule a meeting with the local legislators at the Board's meeting scheduled for January 2, 2002 at 9:30 am. FISCAL IMPACTS: None. STAFF RECOMMENDATION: It is recommended that the Board consider the adoption of a legislative program for the 2002 session of the Virginia General Assembly for Roanoke County. 1 ~-`~ Respectfully submitted, ~~~ Paul M. Mahoney County Attorney Action Approved Denied Received Referred to Motion by Vote No Yes Abs Church Johnson McNamara Minnix Nickens G:\ATTORNEY\PMM\LEGIS\2002LEGIS.rpt.fYm 2 E-y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION ADOPTING A LEGISLATIVE PROGRAM FOR THE 2002 SESSION OF THE VIRGINIA GENERAL ASSEMBLY, AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of state-wide concern to be considered by the 2002 session of the Virginia General Assembly; and WHEREAS, the Board adopts this resolution as its Legislative Program for the 2002 session of the Virginia General Assembly. NOW, THEREFORE, Be It Resolved by the Board of Supervisors of Roanoke County, Virginia, that the following legislative initia- tives are submitted for its legislative program for the 2002 session of the Virginia General Assembly for its favorable consideration and adoption. I. A. Education. Realizing that public education is the foundation of American democracy and the cornerstone of our future economic well being, the County urges the General Assembly to consider favorably the following actions. 1) The Constitution of the Commonwealth of Virginia should be amended to provide that elected school boards may be granted the authority and responsibility for taxation to support G:\ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 1 E-y public education. 2) The General Assembly should enhance funding for public education, including increasing the funds available to the Literary Fund for local school capital construction or renovation projects. The General Assembly should increase funding for capital construction and renovation projects based upon the locality's local effort in support of these capital projects. 3) Local school divisions should be authorized to establish opening dates for school. 4) Disparity funding should be based not only upon the number of students eligible for free or reduced fee lunches, but also upon the locality's local tax effort in support of education. Disparity funding should be based upon the composite index (which measures a locality's relative fiscal ability to provide its share of the cost of a local school system that meets the standards of quality) and the locality's local effort in support of that school system. B. Explore Park. 1) Roanoke County requests amending Section 10.1-1602 of the Code of Virginia, to grant to local governments financially supporting the operations of the Explore Park the power to appoint members to the Board of Directors of the Virginia Recreational Facilities Authority. 2) Roanoke County requests an appropriation from the G:\ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 2 E~y General Assembly in the amount of $350,000.00 Dollars to reimburse it for public funds expended to support Explore Park after the Commonwealth of Virginia failed to fund its operations in 2001. 3) Roanoke County requests funding for the Virginia Recreational Facilities Authority (Explore Park), Blue Ridge Parkway Interpretive Center, and capital construction funding for the Explore Park Education Center. C. Environment. 1) Roanoke County supports amending Chapter 6.1, "Virginia Tire Tax" of Title 58.1, "Taxation" (a) to increase the tire tax from $.50 to $1.25, and (b) to direct and authorize the Department of Waste Management to utilize the increased Waste Tire Trust Fund to remediate illegal or abandoned waste tire dumps. 2) Roanoke County requests amending Sec. 15.2-901 (removal or disposal of trash, cutting of grass and weeds) and Sec. 15.2-904 (inoperative motor vehicles) to allow local governments to adopt an ordinance providing that violations of these provisions shall be subject to civil penalties in lieu of criminal sanctions. Roanoke County has adopted an ordinance providing for civil penalties for violations of erosion and sediment control provisions (see Sec. 10.1-562.J), and this enforcement approach is far more effective in resolving these complaints. Applying the civil penalties to certain public nuisances may be more effective than criminal sanctions. G:ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 3 ~` D. Local Taxation and Funding. 1) County vigorously opposes any attempt to restrict or eliminate local sources of taxation, including personal property taxation and business and professional occupational licensing, unless local governments are guaranteed the opportunity to replace lost sources of local revenue with comparable, equivalent, independent sources of revenue to allow localities to fulfill their public service obligations. 2) Roanoke County supports restructuring the distribution of tax revenues in the Commonwealth, by returning a portion of the state income tax collections to localities for their unrestricted use. 3) Roanoke County supports continued and increased funding for the Comprehensive Services Act, the Virginia Community Juvenile Crime Control Act, the Family Preservation Act, and local police departments (HB 599 funding). 4) Roanoke County supports increased funding to replace reductions in the 2001 appropriation act for the Regional Competitiveness Act. 5) Roanoke County supports authority to impose an additional one-half percent ('~%) local option sales tax. 6) Roanoke County supports increased capital construction funding for regional juvenile detention facilities, and that such facilities receive at least 50% of their operating G:\ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 4 E-Y costs from the Commonwealth. 7) Roanoke County supports legislation amending Section 15.2-1414.3 to increase the salary supplement for the Chairman of the Board of Supervisors from $1,800 to $2,500 per year, and Vice- Chairman from $1,200 to $1,800 per year. 8) Roanoke County opposes legislation in the U.S. Senate that would mandate collective bargaining for local and state public safety departments (police, fire and emergency services), and requests the General Assembly and the Governor to actively oppose such legislation. S. 952, the Public Safety Employer-Employee Cooperation Act of 2001, grants public safety officers the right to form and join a union that would serve as the exclusive bargaining representative for these employees. It would require local governments to recognize these labor organizations, and agree to bargain with them, and commit to any agreements through either a contract or memorandum of understanding. It would direct the Federal Labor Relations Authority to issue regulations establishing collective bargaining procedures in all states where the authority has determined the state does not provide for such rights. II. That the Clerk to the Board of Supervisors is directed to send a certified copy of this resolution to Senator John S. Edwards, Senator Malfourd W. "Bo" Trumbo, Delegate H. Morgan Griffith, Delegate Clifton "Chip" Woodrum, Delegate A. Victor Thomas; Mary F. G:\ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 5 ~~~ Parker, Roanoke City Clerk; Members of the Roanoke City Council; Forest Jones, Clerk for Salem City Council; Members of the Salem City Council; Clerk for the Town of Vinton; Members of the Vinton Town Council and the Roanoke Valley-Alleghany Regional Commission, and the Virginia Association of Counties. G:\ATTORNEY\PMM\LEGIS\2002LEGRES.wpd 6 ACTION NO. ITEM NO. ~ ~ 'y AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 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 December 18, 2001 The titles of these ordinances are as follows: 1) The petition of Richard M. Sink to obtain a Special Use Permit to conduct a Home Occupation Business in an accessory structure, located at 753 Plantation Circle, Hollins Magisterial District. 2) The petition of K & K Rentals, LLC to rezone .327 acres from C-1 Office District to C-2C General Commercial District with proffered C-2 uses, located at 3426 Brambleton and a portion of 3512 Brambleton Avenue, Cave Spring Magisterial District. 3) The petition of Calvary Chapel of Roanoke to obtain a Special Use permit for .891 acres for a religious assembly located at 4903 Starkey Road, Cave Spring Magisterial District. 4) The petition of Chase Potter to rezone 23.5 acres from AR, Agricultural Residential to AG-1 Agricultural/Rural Low Density District and obtain a Special 1 Use Permit for a Shooting Range, Outdoor located at 3454 Randall Drive, Vinton Magisterial District. MAPS ARE ATTACHED; MORE DETAILED INFORMATION IS AVAILABLE IN THE CLERK'S OFFICE. STAFF RECOMMENDATION: Staff recommends as follows: (1) That the Board approve and adopt the first reading of these rezoning ordinances for the purpose of scheduling the second reading and public hearing for December 18, 2001. (2) That this section of the agenda be, and hereby is, approved and concurred in as to each item separately set forth as Items 1-4, 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, !~1• Paul M. Mahoney County Attorney Approved ( ) Denied ( ) Received ( ) Referred to Action Motion by Church Johnson McNamara Minnix Nickens Yes Abs Fi-~l 2 County of Roanoke Community Development Planning & Zoning c~n~ moo,-.,~,-~ Drive P O Box 29800 Roanoke; VA 24015-0798 (540) 772-2068 FAX (540) 772-2108 ALL AP~LICAIYI,1' Check type of application flied„(check all that apply) ^ Rezoning ~a''~pecial Use Applicants narn~~address w/zip, '~53 ~L~>v i ~ i ~~ ~' ~ ~ Owner's name/address w/zip : `C Property Location ~ y~ ~~ ~/~ dY~ r Lf Tax Map No.: ~ ~ ©~7 .~ ~ _ Size of parcel(s): Acres: REZO?VI~'JG AND' SPECL4L i~SE P L. ~~ ~ For Staff Use Onl Date received: Received by: ivli~ Jv ~ pH T Application fee: PC, .~ yo 12y/oi Placards issued: BOS date: ~~,g16+ Case Number 3 t0 " l ~ ~ Z~ 6 1 ^ Variance Phone: ~;zj ~O' ~J ~C ~O `. ~`~''~~ Work.../\~ fiv O - ~~ ~ -- ~/ / / Cell #: Fax No.: Phone #: L~''(~ ~ - ~ ~ l ~~ Fax No. ~: Magisterial District: ~~~ ~~ j~/r,' Community Planning area: ~ ~~ j ~/~' Existing Zoning: ~ ~ 1 F~ fi Existing Land Use: ~/~ ,~ ' ~ ~/~- ~,~' ~~t%(' - ~ ,...,r ~~S (1{,~S) Proposed Zoning: ~- ~ ~ r-- ---- Proposed Land Use: ~ ~' ~ ~'` '~ ~= 'L", v.~~v~ /+~ L"~ ~~5~! J!I ,Ptfef i~1~a= Does the arcel meet the minimum lot area, width, and frontage requirements of the requested district? + L -= ;-- Yes ~ No ^ IF NO, A VARIANCE IS REQUIRED FIRST. s ?, ~1 i~. - Does the parcel meet the minimum criteria for the requested Use Type? Yes ^ No ^ ~ ~, - } IF NO, A VARIANCE IS REQUIRED FIRST "' ~ If rezoning request, are conditions being proffered with this request? Yes ^ No ^ ~;~RIANCE APPLICAI~!~'S Variance of Section(s) ri~,~i~ of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF A.NY OF THESE ITEMS ARE MISSING OR INCOMPLETE. ~'"'~~ R/S V R/S v R/S V 8 1/2" x 11" concept plan Application fee ~/ Consultation Proffers, if applicable Application Metes and bounds description Justification Water and sewer application t/ Adjoining property owners I hereby certify that I am either the owner of the pro erty or the owner-s agent or contract purchase: and am acting with the knowledge and consent of the owner. Owner's Signature .JUSTIFICATION FOR REZONING QR SPECIAL USE PERMIT REQUEST applicant f I,~C. 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. ~ W,v ~` (.1=~'T/~1 ~,~ C . ~~ ~ ~7 h ~.~,~;~ 3 hey . _ ~ Toy- - Ctrs~~~(~ ~~ r Lt, ovtis ~ ~~ ~L~X1~~~ S ~, j ,n ~--~ (J ' / l7' ~1`~-~~ f`!~D ~` r~ ! V ~ 1 ~ ! ~ C~ r% ~ fi/l 1' _ _ ~5' ~,0~/~C ~I ~ a 1 ~~ ~Oti r `-~ ~= ~ lead ~~. /n S - ~~ ~~"_ ~ 5 ~° ~~L~ iTT+~ ~ . i ~ ~~mr ~~rFL~~~ iT~i+~~ {: ~ ------- Please explain how the project conforms to the general guidelines an po ides con Plan. D~~~y~~~~~~~ ~'~ ~~~`~'~ c ~ r ~1~Zii`r; N7 h 7~ ~' C~r~~~~~~~ ~ ~~~ i~H~ ~-b~~~~~~ ~- ~ r { ~~~,.i~~~ C~ Please describe the impact(s) of the request on the property itself, the adjoining properti~eks/rea e flan aand dfire and rescueell as the impacts on public services and facilities, including water/sewer, roads, schools, p F~ f ;a~: -, .Et.O C.AT~ RT. N0. 601 - - --- - ----------- _~_____..._.._..~ ... _ i , T -- -_._ ORIGINAL VA. }iWY• RT. N0. 601 ~` P^ ANTATION CIRCLE - - ®--•E a ~ 130.53 __.____~,~ 1 • ------ tp~ ~ 80.0 ~ ~ ~ f pR~ 30.3 ~ TAN. = 500,00' '~ COR. ~ _• en + ox. W C0~ ~ ~ ~J 1.330vE1oSAwy~ - -, QA - ,MIM. gLys. C ~'C~ o `~ ~. on . I 0 1.4 OVP.jtllAN6 ~ LOT ~ I o BttIC'IC & FRAME o 9 , ' I a~ SRtrA~1C3tER HSE. N ~ . -'~ ~ ~ BLOCK S ^ ~ ` ~ NIAP OF ~ ~• 3 r, ~,~ S~.CTiON ~0. 2 - ~ 0 -r ~ o lOT 8 w~~~/ 3'~// ~1~w C~~RT cc~ ~ a~ ~i - Z cv/ ~ ° /~v REGD. PL. BK. ?- PG. ~, ~. ~j C~ o ..- "~' ~ ~3~~ ~~~ ~ ~ J LOT - ~ 4Aid01CE COUNTY . --- ,-. ., - ~- .~ . ~:,; A - ~) ~- 1 - -~~ ~N~° ~~ ~ o~~ z ~ tv cx o METAL \O ~' ~ ~. z 1Aop SLflbt v vt sd ~~ ~ z Z ~- ~ ~~ S.E. ~ ~ a ~ Z ~ ~ CoR. 3 4~ ~ ' Z -~~. J •17 ~ ~1W o' LL o ~1 ~ ~ 1.OT 16 „~ ~ o- ~ LOT i i ~ q.~' - ~1 ' ~ ~ ~' .. '.. ~ Nor To_g '~. ~• GALE - 4 4.. ~. -- -_- .. I ;. LAT `"F R UUtLSoN, HAWT~4RNE & VoG~~, ATTORNEYS. $HOWtNG SURVEY QF PROPERTY OF 1 CHARD tvl. SINK A~~ BR~.NDA T. SINK BEING ~'rl+~'TB~~ iT 8-BLOCK ~-MAP 0>= SECTtON N0.2-MOl1NTA1N VIEW COURT O~ ~frP # 753 PLANTATION CIRCLE.= ORtG.VA.NWY. RT. N0.601 ,~'~' C, B.MALCOLM,lR. ~ .-~ oAr~ot~.E COUNTY, 1RGINIA. ~°, ~~~~u-~ BY: C.B.MALCOLM &.SON - ~~~ CERTIFICATE M0. ,°~ NORTH ra F- r C S t 27. saw ROANOKE COUNTY Applicants name: Richard M. Sink DEPARTMENT OF Special Use COMMUNITY DEYELOPMENT Tax Map No.38.08-2-9 LAN ~ C OllnC/ OI RO anO1C~ Community Deveiopment a • ` ~~{ Planning & Zoning _.~ ~?0~ Benard Drive P 0 Lox ''9300 RC1iiGKti, V:z '7cL()7 c`S-~! 93 f5a~'1 7 ? %='063 F A `~ ,=~40) 7i?-~' 108 For S~ai lisz Gniv ~ -~ Dare ~~'°i~red. Re....ive~ 5y'. Jf+A/~ II lp~2fa~bl I n oo , :;ppticacion `~°: ~ q~~ - fir;=3z~=-date. ~~.~~ i Iz~~ l a ~ I 2laC~rQ~ '.SSae^_: 308 ia:e l2~i8~D1 1 ~ owe ~~~,,;~~~ ~7 - ~ Z ~ z o6 I I i .4.LL.?:PPLZC':~NTS' Check twe of application filed (check all that apply} Rezoning O Special lise O Variance Phase: 774-5083 Ap~iicants name/address wizip Cindy King Celle: 580-0971 K & K Rentals, L~-~ 3512 Brambleton Avenue, SW Fa,-t yo, 774-3018 Roanoke, VA 24018 Owner's name!address w;'zip 3) Brambleton Avenue P'none 725-4100 _ 1) Above - Cindy King Office Condo 2) Paul Yengst Fag No. 725-4346 _ 3426 Brambleton Ave., ~~Z, Roanoke, VA 24018 Propem~ Locstion Portion 3512 Brambleton/ ~ias;steriai District: Cave Spring 3426 Brambleton Avenue, SW Roanoke, VA Cornmunitj Plans'-n° area: Cave Spring Ta,~ liap 77 .10_06-05 E:CISLIIIQ ZOn1Il°: C-1 .327 E.isting Land lise: Offices Size of parcel(s): Acres: ~,~tirVTL~C ~ ti~t;'~'PEL~=~.%. i."5~;r~~~.Llil ~~.°LIC:i ~'1,~ (R;'Si . C-2 Proposed Zonis°: Proposed Land lise: Personal Services Daes the parcel meet the minimum lot area, tivldth, and i7onT3 esequirements of the requested dis-uict Yes O No ~ Lii' NO, A VARI~YCE IS REQL'Iit-E~ FIR53'. Req. 15,000 Actual 14,250 Does the parcel meet the minil-num criteria far the requested Use T;~pe'• Yes ~ No ~ g' NO, A VARIANCE IS REQU~ED IIRS'T No O If rezoning request, are conditions being proffered with this request? Yes O Variance of SecLion(s} of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed, APPLICATION tiYII.L NOT BE ACCEP'I~,I} IP :'ti`t GF 1'SESE i~EyIS :ARE ~iiSSI[~G OR INCOI~IPLETE. `j (~~ S y RCS V_ ~ / I Consultation / ~ ~ 3 1/2" x l" conc~at plan ~ / ~ I Application lee ~ i AppUcatioa `% Nfetes ar_d bounds description / Proffers, s applicable ~ I Water and server aoplicatian / ~ ~ Adioining property o~,vners 7ustincadon .(r' ~f~ F ~ ,; o~ n I he: eoy certir~ that I am either the owner of the oro erty or t owners agent or contract purc..~er ~d am acting with the '.moo vle.._. a_.d consent of t~`Ie owner. J,~ `~ ~, i ~'/ v t ,~~(;'v~ Owner's Signar~re j•. ~ n ~7 ~r~ PR_ Address of Subject Property: 3426 Brambleton Avenue, SW Tax Map No.: 77.10-06-OS and a portion of 77.10-10-99-O1 Applicant's Name: K & K Rentals, L~~-t° 3512 Brambleton Avenue, SW Roanoke, VA 24018 PROFFER The undersigned owners do hereby proffer the following conditions in conjunction with the rezoning request: 1. Use of the subject property will be limited to the current uses permitted under existing zoning, C-1, as well as personal improvement services, consumer repair services, and personal services (excluding laundromat/dry cleaners). Applicant believes that the proposed change in zoning classification from C-1 Office Commercial to C-2 Retail Commercial is appropriate and consistent with the purposes of the zoning ordinance and the general guidelines and policies of the community plan. The subject property is located in a Transition Area along Brambleton Avenue and there are a number of parcels in the immediate vicinity of the subject property which are already zoned C-2. Applicant believes that the low intensity commercial uses identified in Applicant's proffer will be consistent with the general mix of office and personal service businesses that are currently located in the immediate vicinity of the subject property and will provide an opportunity for businesses to locate in this small commercial complex that will enhance and serve the existing community. Applicant further believes that because of the limited number of uses proffered for the property and the fact that the building located on the subj ect property has recently been constructed that there are adequate facilities currently inplace including utilities and parking to serve expected uses for the subject property as contemplated by the proffered uses. Applicant: K & K RENTALS, {.~~-C~. 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I . ~~ Z ~m ~ n `JN ~ IQII(1~ SNIISIX3 N Z 6 o$g~b~ ~~~ 0 i a I ,L'04l J~Z °~ ~o ~ ~U O m ~ ' ~ ~ ' ~' ~ F O I =q5 ~~~< ~ ~ yw~ ~ J ~' ~ z ~ m 1 1 ~ 3 g ~g~.~ n S yt~' ~ b~3~g~~RN ~F ~ ~ ~~~ ao k~ u _~ ~ ~nF Ig ~ ti4~o~ 5555 ~~ b ~~ I ~ooo ~ 1 I y Y qq 0• p<Z 8U `~~O~i JI C WW I 0 ~W2 ° Ym w3 ` ~ ' 1 < ~ ° d wd ~ ~ ~ 3 ~g~~ i g , e ~ ~~ z3~ i°a ~ °~ y toga; ~ z j ~ 3 ~ulN y ~-~ ~ Aplicants Warne: K & K Rentals, LLC ROANOKE COUNTY DEPARTMENT 0~' Application: Rezoning from C-1 to C-2 COMMUNITY DEPELOPMENT I'~ Map No. 77.10-06-05 and portion of Adj Prop. (3512 Brambleton Av.) ~ a r County of RoanO~e Community Deveiflpment Planning & Zoning 5204 Bernard Drive P 0 Box 23800 Roanoke, VA 24©18-0798 {540) 772-2068 FAX (540] 772-2108 ALL APPLICANTS Check type of application flied (check all ^ Rezoning ,Special Use Applicants name/address w/zip 131 A~ 3~/3z for"r= ~Ai~~ ~ f?r4_~ ~`~` Owner's name,~address w/zip ~cA;,~ X.~ VA Z~laf`~/-SIC Property Location y~1'G~ .~ S fil~2Kcf~ f~0 1 5 c~~..r i'ax Nlap No.: ~,' -7. I I - 3 -- Size ofparcel(s - E~`~~ REZONING AND SPECIAL USE PL; Proposed Zoning: C - ~ ~" ~ S~e- Proposed Land Use: ~~~o-~~~ ~Z7vv Does the parcel meet the minimum lot Yes ~ No ^ IF NO, A V Does the parce( meet the minimum critf IF NO, A VARIANCE IS REQUIRE If rezoning request, are conditions bein VARIANCE APPLICANTS Variance of Section(s) For St~f Use Only Date received: Received by: D~ / Application fze:-Ft~~ O ~ PCrB~:~ date: 53pZ 12 y 0 ! Placards issued: $OS date: ~~S I2 1 ~~I of Case Nurnber ~j 8 " , ~ ~ z~ Q that apply] ^ Variance f~A.i~o,2 Phone: $~o~/~. ~.:~}"` a / rrr'I ~ C~ p:S , Work: ~ `~~ "~ ~ =B~~Q ~ t~ tLV -~ G L~ ~~ Cell #: Fax No.: S~lc,' ~ 7 7 Y= L~ y/ ~ ~. Phone #: ,5 y017 7 (~' 3Z l v' j7t ! ~~ Fax No: #: 5~O~~J ~~G-~ 1 ~ ~ 1/ ~# S`l'y iv/-~07~ Nlagisteriai District: C'i1 ~/1: 3P~t k'~ _~ 2Cr~ Community Planning area: C~+VG ~,~P_y/UC> Existing Zoning: ~ ~ L Existing Land Use: (~„-c j'~SSL p N~ ~~!"'~ ~'/~~`~ G't'frl ) tMlTAPPLICANTS (R/S LL -i Gi.~ L+-~ '~- ~h2~vvK t j LC O~t~'cz~ /7-z~,`~~i;,~L~3 f~STe-~ 6 Vic. rea, width, and frontage requirements of the requested district? ~RIANCE IS REQUIRED FIRST. ria for the requested Use Type? Yes ~ No ^ D FIRST proffered with this request? Yes ^ No of the Roanoke County Zoning Ordinance in order to: ~3 G Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF A;YY OF THESE ITEMS ARE MISSING OR INCOy1PLET~E. V R/S V R/S V A olication fee Consultation / 8 1/2" x 11" concept plan p- ,tl A iVSetes and bounds description >~ ~ Proffers, if applicable Application - Ad'oinin~ nro e owners / ~/ Water and sewer application ] d , P t'tY .iustification 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 an consent of the owner. ~ f Owner's Signature L I JUSTIF~ICA-TION FOR REZONING OR SPECIAL USE PERIYII'T REQUEST /~,la.~ c~., /'~'1e~~zr- ~~~ A nphcant i ne Planning Commission will study rezoning and special use permit requests to determine the need and justification for tt~e 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 foundnt the beginning of the applicable zoning district classification in the Zoning Ordinance. Q c-~~ i ~" ~ ~~~~ ~ v't~Cit.,2. ~? S rc~, ~ ~¢_ _ ~~n-,~ rv~ wvi i Please explain how the project conforms to the general guidelines and pot>c~es con~aiucu uj u.,. «,,...,„_-~ ~~ ~••-~ ------- . Plan. __,~~ 1 ~~ ~~; C.t.GC r7 ~~ /1 vtitL ~ Yv~?.~iv / (.,~.j' t~ Tv /.7~iv~2~J'.1'/^c'~1 c~.~ U.~ ~i~ /~ vr~ z~'L ~r c..-~ ~C.~ tc.-~sz.5, ~l~ ~Yo~ oS-eL-~ c~~'~ C-o~ •-,~~ ~- / ,,~ ~E'i.3/'v? G~'! PiY L/ ~ ~G'1 S G{ Yr^ G~Lt/1/2-t~ ~~LC1? ~C.' ~. r~. ~ .t _ _ _,r:..,, wall ac a -- --~ - Please describe the impact(s) of the request on the property >tse e a ~om> > the impacts on public services and facilities, including water(se~ver, roads, schools, parksrrecreation and fire and rescue. L ,/h~~~~.,~ ~ C~cG~ ~2L-~17 ~ zvL C~ ~1~7/,r f/s~vl~({ G~7 ~c7 C{L~: J v~ ~}Q /~ _ ,~- a ~~ ~e,L~cl~ rn~~ ~ ~,.' apt ~ r~ ~ ~ c~ ~t,~ ~ ~.~-;~ ~~.-~~ ter- _ ~ ,.~- c~~~t,vvv ~.~ ~ i~,~ ~ :~ GJZ''Lv~ ~-~- v ~ V C:.L~ v ~. /s/~ `~ t v`'tq- ~ ~' U C G (,t.P Cry: C~~~r S;i2~v v ~~ G~ ; ~ ~,t ~ /! }"'-- ~1C~,v J? tom'.,,,, l.Yyvz,.t~_/ ~ ~,. _ ~ L . L, . , L, :~ L. a UC !. ,L ~ /Z.<-'~L / ~. {„ v~~yt'Z /' ~- ~~~~ ~~~D . ~~ ~ .~. ® ~' '~ 3~ ~ 1 ., l Q.. I ` ~ ~ 1 S7Rar~.~~ 1 I II - r ~,~ gnu ~. ~~ G ~ .1 ~Pfr:Gl,ACl~ X~ ~~ ~~ ~tiK ~r g7.r~ ~ Zp~1iJb S II 'm `~ 2~~ I u_ "" 1 2 ~X1¢j` Y ~, ~~ ~~>~ ~ c . ~~ ~ ~ ~ ~ ~ ~ ~` ~D• ~. . ag.r ~-. ~'~ ~ 1~ •--.--- GS~,dLT CrLjL %~G~s Si"a~t.eY' ~4a~ ~~ . ~ . K-F. ~q t3+~ 1'~:3~~ 1 r~3S ~ ~~ ~jx~g~p S1~ ~t-.o~~. ~"- ?z7'-D° LoT 3r.-E •89(4• ~: ~ ~~~`~ -~ P~'j'B FaON. Gol-iGE~ ~U...~ HUViaE9 AS~t.°T~h -pi,TE.f~ ?~G'87 ~~~ ~r v.~. ~~ pw6. :~3''~ ~~ FQr~•~ `~'~'~ 1~ ~' y .g '~ ~dtiGlpJG -~ V~t,}~e,2,g L .~ ~ 2d r~1 Y~C> G "Z r N toy S.`a .8~ fJ~~'~' l' ~ ~~ 1 ~ 0 3a ~~ r-~.~ f l5 4S G~iPri~c. ~~ CRAiG~ EAD ASSOCIATES ,wu~a on:~~. c~,«~o~ r.~a~,s~ RAYMOND L CRAIGHE.4D naC:+~iECi ~~~~ 0 1 1 r 0 r ~ P ~ ~~ ~~ ~~ ~'~ a 3 ~ - ~ ~ ~C ~ ~ ~~ ~. .. ~~~~^~. ~ ~ ~ _;, - , t .. ~, - Y , 1 a a .d ~ ~'.i f ~~ i ~1 ( ~`J~`~i ... ~ ~~. N O y w L~ ~~ ~~ Q ~~ (h :J ^V ~ _m l.L U '; eh '~ f'~ h cawa~7 cua ~R}~ G~.11Re Prys~=i~G ~ ~~ --, ?'„ I \~. r ,,~ `n u N c ~~ `~ _~ ~ ~:; l~ tx d iii;,,,; L~u~ J ~i I i~!I'Iryl P ~~~~L'!~ ~nr Q, 0 ~S ~. 4~ 0 ROANOKE COUNTY Aplicants name:Brian Phillips,Pastor of DEPARTMENT OF Calvary Chapel of Roanoke COMMUNITY DEVELOPMENT Application: C-2C, Sup Tax Map No.87. > 1-03-01 l~ a County of Roanoke Community Development Planning & Zoning ~;, 5204 Bernar ~.L ~-- Drive P 0 Box 29800 Roanoke, VA 24018-0798 (5401 772-2068 FAX (540) 772-2108 Z',... Cuff T TeP Only Date received: Received by: Application fee: PClBZA date: Placards issued: BOS date: `t Pr~~~e.~ / ~- l i h ~~, ~ Case Number ~ ~ _ ~ Z' ZOQ ~ F-4 ALL APPLICANTS Check type of application filed (check all that apply) ~F£ezoning C'9`Special Use ^ Variance ! s i ;.-- Phone: `J `~i'% _ t~~'~ -" c~~~ ° ~ `~~ Applicants name/address w/zip ~,V'1~;~ <~ ~ ~-~~,., - .-~ S ~-;~; _ ~ ~ ~ ~~-5 ~ k . : ,~ ;~. ~ ~ ~ ~ Wor ~~~ ~ ~~~~~c..ti ~4_ ~~. ~au~~ ~~'~~ Cell#: ~` ~~ }2RIJOALL ~Q. l~'eGf-k~(2. ~~NG~ FaxNo.: Owner's name!address whip Phone #: { r ~ '`~Y" ~:"~. Fax No. #: .._, Property Location ~ Magisterial District: ~>1"`1~LY~ <..f~~i~ ~~,,1~: cl3 i I . ~~) area: ~'~~;~/7~ l~rE"~( ~'uy~ Plannin it , g ~ y Commun Tax Map No.: v ~~'' +~ _ +~ _ ~ ~ ~ ~ ~; ~ , Existing Zoning: !~ Size of parcel(s): Acres: ~ ~~ y ~ Existing Land Use: ~~',~ 1 ~:,~,~~''I"~` 1e< REZ2V7VG AND SPECIAL USE PERiIIIT APPLICA~'TS (RIS). Proposed Zoning: ~ ~` ~ Proposed Land Use: ''"l~ oZ;~~t~ ~n~,,r.~C- ~v~L~z~~:-- ~ `~J ~ c ~ 4.l ~` 5 ~_ y'e:.,- N.-. Does the parcel meet the minimum lot area, width; and frontage requirements of the requested district? Yes ~'" No ^ IF NO, A VARIANCE IS REQUIRED FIRST. Does the parcel meet the minimum criteria for the requested Use Type? Yes Q'"` No ^ A VARIANCE IS REQUIRED FIRST IF NO , If rezoning request, are conditions being proffered with this request? Yes ^ No ^ Y:-tRIANC'E APPLICANTS (T~ - Variance of Section(s) ~ of the Roanoke County Zoning Ordinance in order to: ~,~ 1 / '~ • .r.. m7/lnT Tx7TT T un~r RIB' e f'f'FPTF,I~ TF ANY nF THESE ITF NIS Is the application complete ~ riease cnecx a cuciwcu. h~ 1 Lj~~==~. ~ ~ . -~--- - - - -- - ARE MISSING OR INCOMPLETE. R/S V R/S . V R/S V Consultation -`"' 8 1/2" x 11" concept plan Application fee Application Metes and~ounds description Proffers, if applicable Justification Watena sewer applieati`on Adjoining property owners I hereby certify that I am either the o er of the prope rp~the owner.=sa, ent.®r~con~~t purchaser and am acting with the knowledge and consent of the owner. ~.~,,.../3j/~~ Owner's Signature JUSTIFICATION FOR REZONING OR SPECIAL ITSE PERiVIIT REQUEST Applicant ~~ ~ ~~~~t- 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 rdinance. beginning of the applicable zoning district classification in the Zoning Q ~ ? ~ ,,s/f~ r~~ ~~ a ~'- r ~~ "~'"/'<~ fit' ~ ~ LL`~~~~~~~-~`~~' Gn i~y ~~~ 4 Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community i Plan. ~-`~;~ t-~.; ~~ i~. ~~ G~. ~'~~. i'~~'~.~~~;~~;.~~, ~~ ,-,~ ~d~~;~/ ~-s~ L~ X l~ ~~N~ , ~ /~ i ~ ~.!{;,i i'1"~" L~ ,~C:+'~ 9 +L {~~ (: ~:°t i vir12 +~~.~ ~L, J~C'~:;.,~d: Y7 C" ~~' ^+ `.~ ~,y ~'t.. a ;j ~~ l~ ;`l ~ ~ C:"' $-~ c''l.. > j] ~ 't~`~. J /~ jJlfr~ ?+" j~-/ ~±" ,`.. 1'L. t L'.~i3 ~. i r t ~i {„3 (.J~"~.-''C•' 9 ~ 1 Y"^w'3 ~ '~ ~ , [,:~ ~ `-' ~~-~i yam'' f {°~ ~f1 J~/t~ i + {~`,1 ('' I ,1l t- C , fi s s. '1 "_"L Y~~ ~~~ ~L ~i yl `~' •- ~--j'~~~ ~C~ ~r'U~L~ ~ t~~~JG'~ '~li ~T"~ ~'~' J J%:c~~.E'~!(Lt°,j z:,ti% ~- i ~ ~", ..~-~.,~ 1~ ~ d 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 firle_,and rescue. .~ !~ Jv~~~~~a~~~~~~'~s ~><i~ rye ~~ c~' T~c_~~~~. , i~~-. ~f'~r1r- 'i . t>C a°~1 t~ Gu. ~c ~ +1 ~ 1r ti~ tJ ~~"~~~~^`Vti~~ c~~~~ ~-!c:~~~~ ~.,/+~ ~~ ~~ ~;~Q,'(i~l~ c~~5~~.GzC~'~~jc'~,~ ~-~~<'~,~"~ ~u~'~-~-Jv~,,s' ct ~ ~~ t`c~~ ~ ~~d ~'~~ 5~~'~- t' ~'~Ic°vt~i~-/ 1,5 '~ ~~ ~ ~~~ to t~}th.c! 1 ~ 6'1 ~ ~~ L''3r r i.' C ~t~`'t,.~ p ,:{- i'1 '~`~L~? G.=~, y . C'./1 G;L~` r i „ ~ ,. Ll a'1Gr.1~ ~J1 ~ ,~y ,- mat ~~~t? V' ~k~+'~'C ,.t.'1-}'+ ~1~:~~~~1~- ~'~~-'~e ~~SC-L'~ ~~-S~ ~~i'! ~ Y°yia~E',~ G~~ ~ ~'`~~~.'~'i'X ~('~v~-~a it ~ `. 4' ~i' yJ// ~ ' Y ~~ :r i T 4 ~~.~_ .. ... `~;~ y, _~ j ~ ~ 1'~ys~y~ fK .,'~ ~ ~ ~ ~ .~ ,1~~ t L ~ I .y rpC~'° f 'i~ ' l [ 1~ ~~~ ~3. ~ , ; • f 'S % ~ .~1 ~~ \ i ~/ -~' ~, \ N' \~ ,~ s9' ~~, g ~t Cyr ~ 'O 1 ~ •K ... 4 S~\7 ~u 4' ,... ~~ ~-. _ ,_ ~ ~,, ,~., ~ y. I j 1 t..r v,_ - \~~\ . ~~ \ a,,~~~ .~ ~~a h~. ,, ..,,v, ,, ~.~ ~~ 4 T ~~, ~ ~~ -~_---~_ f r ~., ~.i° .>~ .r^~, r ~-.,.. -,.. ^~ ~ T i~ (() ? ~~ '! f ~~ \`~._ T`~~ °~..~__~ ~._..~ ..~ ~~,` \\~~~ ~~ ~ ~ \ ~~i `L , ~ ,, ~ v ~,~,~ ~~~ ~. .~ ~*°' r~ `~ ~~ '~ _ ~, ~~- ". .~ ~ f` „z ,_ , .. ~_ f-~ Aplicants name: Archery Range ROANOKE COUNTY DEPARTMENT OF Ap1olication: Rezoning from A-R to AG-1 and SUP COMMUNITY DEVELOPMENT Tax Map No.79.02-02-13,14 J r AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-3 AUTHORIZING THE ACQUISITION OF REAL ESTATE FOR THE CARVIN CREEK HAZARD MITIGATION PROJECT, TO REDUCE THE NUMBER OF STRUCTURES IN THE CARVIN CREEK FLOOD PLAIN WHEREAS, Roanoke County has been awarded two grants from the Federal Emergency Management Agency (FEMA) to purchase flood-prone homes in the Sun Valley/Palm Valley area of Roanoke County; and WHEREAS, the purpose of the Carvin Creek Hazard Mitigation Grants (the Grants) is to reduce the number of structures located in the flood plain and subject to flooding damages; and, WHEREAS, the Board of Supervisors of Roanoke County accepted the Phase I Grant on December 15, 1998, and approved the Carvin Creek Hazard Mitigation Project (the Project), and the Board accepted the Phase II Grant on June 26, 2001; and, WHEREAS, by Ordinance #020999-3, adopted on February 9, 1999, the Board of Supervisors authorized the acquisition of thirteen identified properties in connection with the Project, eight of which were acquired in Phase I; and, WHEREAS, the owners of one of the properties, previously identified and approved, elected not to participate, and an alternative property has now been identified for acquisition in Phase II of the Project; and, WHEREAS, the real estate to be acquired is located in the Carvin Creek flood plain; and 1 t WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on October 23, 2001, and the second reading was held on November 13, 2001. NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of real estate is hereby authorized, referenced by tax map number, from the following property owner, their successors or assigns: TAX MAP NO. PROPERTY ADDRESS OWNER 38.11-1-57 5332 Palm Valley Road Wood, Paul Allen (deceased) & Nancy D. 2. That the consideration for this property acquisition shall not exceed a value to be determined by an independent fair market value appraisal; and 3. That the consideration for this real estate acquisition shall be paid from the Garvin Creek Hazard Mitigation Project Grant funds, not to exceed and subject to the amount of funds available; and 4. That in order to accomplish the provisions of the Grants and ordinances, the Board hereby adopts by reference the "Garvin Creek Acquisition Policy," which establishes the procedures and requirements by which acquisition of all real estate shall be accomplished. The Board may amend this policy from time to time by resolution; and 5. That the funds for this acquisition have previously been accepted and appropriated, and are available in the Drainage/Flood Control capital account. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary 2 to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. On motion of Supervisor McNamara to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: ~•-~.~.R.st~- Mary H. Allen, MC Clerk to the Board of Supervisors cc: File George W. Simpson, III, Assistant Director, Community Development Arnold Covey, Director, Community Development Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 3 ACTION NUMBER ITEM NUMBER ~~" MEETING DATE: November 13,2001 AGENDA ITEM: Ordinance Authorizing the Acquisition of Real Estate for the Carvin Creek Hazard Mitigation Project -Phase II COUNTY ADMINISTRATOR'S COMM~ ENT/S: SUMMARY OF INFORMATION: The Board previously approved acquisition of 13 properties for the Carvin Creek Hazard Mitigation Project by Ordinance 020999-3 on February 9, 1999. Eight of those properties were identified and acquired in Phase I, and five were identified for acquisition in Phase II. During Phase I, one of the property owners decided not to participate and an additional property was identified for acquisition. As such, the ordinance did not include the additional property for acquisition. This ordinance identifies that additional property, namely the Wood property, tax map number 38.11-1-57, and will allow staff to authorize the documents and take necessary actions to acquire the property as part of Phase II. FISCAL IMPACTS: Grant funding has been previously accepted and approved by Board action on June 26, 2001. No additional funding is necessary. ALTERNATIVES: Alternative 1. Approve the ordinance authorizing acquisition of the Wood property. Alternative 2. Decline the ordinance at this time. STAFF RECOMMENDATION: Staff recommends alternative 1. y-I SUBMITTED BY: George W. Simpson, III, P.E., Assistant Director Department of Community Development APPROVED BY: ~~ ~ Elmer C. Hodge County Administrator -' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, November 13, 2001 ORDINANCE AUTHORIZING THE ACQUISITION OF REAL ESTATE FOR THE CARVIN CREEK HAZARD MITIGATION PROJECT, TO REDUCE THE NUMBER OF STRUCTURES IN THE CARVIN CREEK FLOOD PLAIN WHEREAS, Roanoke County has been awarded two grants from the Federal Emergency Management Agency (FEMA) to purchase flood-prone homes in the Sun Valley/Palm Valley area of Roanoke County; and WHEREAS, the purpose of the Carvin Creek Hazard Mitigation Grants (the Grants) is to reduce the number of structures located in the flood plain and subject to flooding damages; and, WHEREAS, the Board of Supervisors of Roanoke County accepted the Phase I Grant on December 15, 1998, and approved the Carvin Creek Hazard Mitigation Project (the Project), and the Board accepted the Phase II Grant on June 26, 2001; and, WHEREAS, by Ordinance #020999-3, adopted on February 9, 1999, the Board of Supervisors authorized the acquisition of thirteen identified properties in connection with the Project, eight of which were acquired in Phase I; and, WHEREAS, the owners of one of the properties, previously identified and approved, elected not to participate, and an alternative property has now been identified for acquisition in Phase II of the Project; and, WHEREAS, the real estate to be acquired is located in the Carvin Creek flood plain; and WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition of real estate be accomplished by ordinance; the first reading of this ordinance was held on October 23, 2001, and the second reading was held on November 13, 2001. ~-1 NOW, THEREFORE, be it ordained by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the acquisition of real estate is hereby authorized, referenced by tax map number, from the following property owner, their successors or assigns: TAX MAP NO. PROPERTY ADDRESS OWNER 38.11-1-57 5332 Palm Valley Road Wood, Paul Allen (deceased) & Nancy D. 2. That the consideration for this property acquisition shall not exceed a value to be determined by an independent fair market value appraisal; and 3. That the consideration for this real estate acquisition shall be paid from the Garvin Creek Hazard Mitigation Project Grant funds, not to exceed and subject to the amount of funds available; and 4. That in order to accomplish the provisions of the Grants and ordinances, the Board hereby adopts by reference the "Garvin Creek Acquisition Policy," which establishes the procedures and requirements by which acquisition of all real estate shall be accomplished. The Board may amend this policy from time to time by resolution; and 5. That the funds for this acquisition have previously been accepted and appropriated, and are available in the Drainage/Flood Control capital account. 6. That the County Administrator, or any Assistant County Administrator, is hereby authorized to execute such documents and take such actions as may be necessary to accomplish these acquisitions, all of which shall be on form approved by the County Attorney. I~` f 4 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-12 REJECTING ALL OFFERS ~E "'^ ""' AUTHORIZING THE SALE OF PROPERTY LOCATED AT 400 EAST MAIN STREET, SALEM, VIRGINIA (SALEM OFFICE SUPPLY BUILDING -TAX MAP N0.107-6-1) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That the public notice regarding the public hearing for the sale of this surplus property was advertised in the Roanoke Times & World News on October 9, 2001 and October 16, 2001; and 3. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing of this ordinance was held on October 23, 2001; and the second reading on this ordinance was held on November 13, 2001, concerning the sale and disposition of property located at 400 East Main Street, Salem, Virginia, Tax Map No. 107-6-1, known as the "Salem Office Supply" building; and a~ 1 s• On motion of Supervisor Nickens to adopt the ordinance and reject all offers and direct staff to research the options currently available more fully, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: ~ .,~ • C~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Anne Marie Green, Director, General Services Paul M. Mahoney, County Attorney William E. Driver, Director, Real Estate Valuation 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: November 13, 2001 AGENDA ITEM: Second Reading of Ordinance Accepting an Offer for and authorizing the sale of property located at 400 East Main Street, Salem, Virginia (Salem Office Supply Building -City of Salem Tax Map No. 107-6-1) COUNTY ADMINISTRATOR'S COMMENTS: I am requesting that this property not be sold at this time. In order to address the space needs of the Courts we need to be sure that we have a solution before we dispose of any property. I am pleased to advise that several new alternatives have been brought to our attention in the last few weeks. Ms. Green has described them in her report. It may be possible to partner with the private sector and take advantage of tax credits and construct a project that is very attractive to the City of Salem. We need five months to pursue these alternatives. Some of those making offers to purchase may become partners if these new initiatives prove successful. Permission is requested to reject all offers and postpone any decision for five months. BACKGROUND: This is the second reading of a proposed ordinance to declare the property located at 400 East Main Street, Salem, Virginia (the "Salem Office Supply" building) to be surplus property and to authorize the conveyance of said property. The County advertised the building for sale, and has received bids for purchase. At the time of the first reading of the ordinance, staff recommended that the property not be sold, but that the building be renovated instead to meet space needs at the Courthouse. For the last decade, additional space has been needed in the Courthouse in Salem. The Commonwealth of Virginia has continued to increase the numbers of judges, clerks and related employees, while the space available has remained static. As an example, the Court Services Unit recently lost space due to additional staff for the Juvenile and Domestic Relations Clerk's Office. Staff has looked at many options, including purchasing property, leasing space and adding on at the Courthouse complex. In 1999, Roanoke County purchased Salem Office Supply on East Main Street as a possible solution to this problem. The building contains over 19,700 square feet on two -~, floors and is located directly across the street from the County Courthouse. The County paid $325,000 for the building, and has since put an additional $25,000 into it for stabilization, interior demolition and architectural and engineering work. There is $500,000 still available for renovation of the building. Once the interior of the building was stripped, and the framing and interior brickwork became visible, the architects determined that the building needs significant work in order to make it suitable for renovation, increasing the cost of the project. The Board of Supervisors then instructed Staff to place the building for sale. As part of that process, the County obtained an appraisal of the building indicating a value of $150,000-200,000 in its present condition. Hayes, Seay, Mattern and Mattern has prepared a feasibility study for renovation of the Salem Office Supply Building or construction of a new building on the site. A table comparing the costs, advantages and disadvantages is attached. As the Board will note, renovation of the 19,000+ square feet will provide the County with over 12,000 square feet of office space at a cost of $47/square foot for the entire building. The Hayes, Seay report points out that the disadvantages of renovation are far outweighed by the building's proximity to the Courthouse. New construction is almost twice that, with an estimate of $84/square foot, but has the advantage of providing between 14,000 and 17,000 square feet of office space as well as additional parking capabilities. New construction also includes the possibility of renting out a portion to help offset the cost. None of the other property which has been reviewed by Staff and the Board over the last decade is available at this cost. For example, the County was recently offered 9,000 square feet of space at a nearby building at a cost of $15.50/sq. ft -over $142,000/year. Another option involved filling in the courtyard at the Courthouse, which would cost $1.09 million for 7,000 sq. ft. of new space, and would require renovation work to the courthouse and jail costing almost $400,000 for a total of $1.48 million. SUMMARY OF INFORMATION: At the first reading, the Board approved the staff's recommendation to renovate the building, but also moved the first reading forward, indicating that questions remain about the feasibility of this project. Since that time, additional information has been received concerning the possibility of using a public/private partnership to renovate the building, since it may qualify to be included in Salem's historic district. This type of partnership has been used most recently by the City of Roanoke to renovate buildings in the City Market area, and allows the private partner to obtain federal and state tax credits. The bids which have been received by the County, while within the current appraised value of the building, do not recover the cost of purchase, let alone the additional costs incurred by the County for interior demolition, stabilization and architectural and engineering work. If the building is sold, the problem of space and parking still remains. 2 µ~ The lease for the property which is currently being used for parking at the Courthouse is up for renewal in six months and may or may not be renewed by the owner. A public notice regarding the public hearing for the sale of this surplus property was published in the Roanoke Times on October 9, 2001 and October 16, 2001. ALTERNATIVES AND FISCAL IMPACTS: 1. Reject all offers for the sale of the property and direct staff to research the options currently available more fully. These options include apublic/private partnership for renovation of the facility and/or purchase of space in a new facility constructed on the site. In pursuing the public/private partnership, staff will retain an architectural firm to design the renovation of the interior and exterior of the building. Funding for A&E work is currently available in the Salem Office Supply account. 2. Renovate the building for use as office space. This alternative provides the County with over 12,000 square feet of office space at a cost of $47/sq. ft for renovating the entire building. The additional funding required is $426,428, and the total cost of the project is $926,428. The additional funding is available from the sale of the Lloyd property. This alternative was approved by the Board at its October 23 meeting. 3. Demolish the existing structure and build a new facility. The consultant has provide two alternatives. A. Build a four story 26,400 sq. ft building with 17,124 sq. ft of office space at a cost of $84/sq. ft. The additional funding required is $1.72 million, and the total cost of the facility is $2.22 million. This would provide a new building with good circulation, energy efficient systems and parking spaces. B. Build a four story 24,000 sq. ft building with 14,799 sq. ft. of office space at a cost of $84.50/sq. ft. The additional funding required is $1.52 million and the total cost of the facility is $2.02 million. This has the advantages of Option 2A above, although it is not a full build out of the site, and would have a higher cost/sq. ft. Funding for part of Alternative 3 is available from the proceeds of the sale of the Lloyd property. 4. Accept one of the offers for the sale of the property and approve the second reading of this ordinance; authorizing the County Administrator or any Assistant County Administrator to execute the necessary documents to consummate this transaction. While the County will receive payment from this alternative, it will not equal the amount already invested in the property. 3 /~- a STAFF RECOMMENDATION: Staff recommends Alternative 1, rejecting all offers and directing staff to bring back additional information. The need for additional space in the Courthouse has existed almost since the building was completed, and will only grow in the future. Until this need is met, the County should explore all possibilities available for the Salem Office Supply site, which includes alternative financing methods. Staff still believes that renovation of the building remains the most viable option, but needs additional time to investigate the possibilities which have arisen since the October 23 Board meeting. Respectfully Submitted by Anne Marie Green Director of General Services ACTION Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Approved by: Elmer C. Hodge County Administrator Church Johnson VOTE No Yes Abs McNamara Minnix Nickens cc: File 4 N Q 0 Q d O d c~ N L U ~ O •N ~ Q O ~ `~- D ~ ~ ~ ~ O ~ ~ w U. C p •X •C L ~ Q C =' a a ~ ~ L ~ Y .~ ~ O j O ~ ~ o °c' a +. • ~ ~ CO OL.. 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FL- v ~`~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE ACCEPTING AN OFFER FOR AND AUTHORIZING THE SALE OF PROPERTY LOCATED AT 400 EAST MAIN STREET, SALEM, VIRGINIA (SALEM OFFICE SUPPLY BUILDING -TAX MAP N0.107-6-1) BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and has been made available for sale; and 2. That the public notice regarding the public hearing for the sale of this surplus property was advertised in the Roanoke Times & World News on October 9, 2001 and October 16, 2001; and That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, a first reading and public hearing of this ordinance was held on October 23, 2001; and the second reading on this ordinance was held on November 13, 2001, concerning the sale and disposition of property located at 400 East Main Street, Salem, Virginia, Tax Map No. 107-6-1, known as the "Salem Office Supply" building; and 4. That an offer has been received from for the sum of and this offer is hereby accepted; and to purchase this property 5. That the proceeds from the sale of this real estate are to be allocated to the capital reserves of the County to be expended solely for the purposes of acquisition, construction, maintenance, or replace of other capital facilities; and That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of said property, all of which shall be upon form approved by the County Attorney. U:\W PDOCS\AGENDA\REALEST\salem.office. supply.ord.wpd .~ ACTION NUMBER ITEM NUMBER ~1-` AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 SUBJECT: Appointments to Committees, Commissions and Boards COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: 1. BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS (FIRE CODE BOARD OF APPEALS The four year term of David M. Shelton, Jr., Alternate, Fire Code Board of Appeals expired September 23, 2001. The four year term of J. A. Kendricks, Jr., Alternate, Fire Code Board of Appeals expired October 28, 2001 2. GRIEVANCE PANEL The three year term of Raymond C. Denny, Alternate expired October 10, 2001. 3. INDUSTRIAL DEVELOPMENT AUTHORITY (not appointed by District The unexpired four year term of Ronald M. Martin, Windsor Hills Magisterial District, who passed away recently. The term will expire September 26, 2002. 4. LEAGUE OF OLDER AMERICANS ADVISORY COUNCIL The one year term of Steven L. Harrah expired on March 31, 2001. 5. ROANOKE VALLEY RESOURCE AUTHORITY The four year terms of Allan C. Robinson, Jr., and Douglas L. Anderson will expire December 31, 2001. These are at-large appointments. At the October 23 Board meeting, Supervisor Church indicated his desire to appoint an individual from the 1 v _' 1-~O Bradshaw Road community where the landfill is located. Supervisor Nickens also indicated his desire to make a reappointment. Following discussion, the nominations were postponed to allow time to reach Board consensus on the appointments. The Board members may wish to discuss this in Closed Meeting and this item has been added to the. Closed Meeting agenda. If so, the nominations can be made during the Evening Session, and can be confirmed either at this meeting or at the December 4 meeting. 6. Roanoke County Blue Ribbon Committee Kimberly Wimmer, representative from the Hollins Magisterial District, has resigned and another individual should be appointed to represent the Board of Supervisors Hollins District on this committee. The School Administration has received the resignation of Patricia McKinney, the Board of Supervisors at-large representative, and another individual should be appointed as. the at-large representative. SUBMITTED BY: APPROVED BY: (~~ Mary H. Allen, CMC Elmer C. Hodge. Clerk to the Board County Administrator ACTION VOTE No. Yes Abs Approved () Motion by: _ Church _ _ _ Denied O Johnson _ _ _ Received () McNamara_ _ _ Referred () Minnix _ _ _ To () Nickens 2 ,- S-7 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-4 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 November 13, 2001, designated as Item J -Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 7, inclusive, as follows: 1. Approval of Minutes -August 14, 2001 2. Confirmation of Committee Appointments to: a. The Roanoke Valley Resource Authority b. The Southwest Development Financing, Inc. 3. Acceptance of $2,000 donation from the Salem Jaycees, Inc. for Camp Roanoke. 4. Donation of an easement from Richard A. Foster, Jr. and Helen G. Foster (Tax Map No. 15.00-01-10) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 5. Donation of an easement from William R. Hodges, Jr., and Janette Coakley Hodges (Tax Map No. 15.00-01-11) to the Board of Supervisors of Roanoke County in the Catawba Magisterial District. 6. Adoption of a policy for exchange of assets with the Virginia Recreational Facilities Authority. 7. Adoption of a fiscal agent agreement between the County of Roanoke and the Virginia Recreational Facilities Authority. 2. That the Clerk to the Board is hereby authorized and directed where required by 1 r 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 Consent Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTS: Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Debbie Pitts, Assistant Director, Recreation Danial Morris, Director, Finance Arnold Covey, Director, Community Development Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Gardner Smith, Director, Purchasing Bob Jernigan, Risk Manager John Willey, Fleet/Property Manager 2 J -~ August 14, 2001 A c Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 August 14, 2001 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 August, 2001. IN RE: CALL TO ORDER Chairman Minnix called the meeting to order at 3:00 p.m. The roll call was taken. MEMBERS PRESENT: Chairman H. Odell "Fuzzy" Minnix, Vice Chairman Joseph "Butch" Church, Supervisors Bob L. Johnson, Joseph McNamara, Harry C. Nickens MEMBERS ABSENT: None STAFF PRESENT: John M. Chambliss, Assistant County Administrator; Paul M. Mahoney, County Attorney; Brenda J. Holton, Deputy Clerk to the Board; Dan R. O'Donnell, Assistant County Administrator; Kathi B. Scearce, Community Relations Director 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 Chairman Minnix requested that Citizens Comments be moved to the first August 14, 2001 467 and (19) John Levin, Mill Mountain Theater. Paul Bell, 2705 Hillbrook Drive, spoke as a taxpayer's advocate and in opposition to the Board's support of Explore Park and advised that he believes 75% of the citizens have not visited it. He does not understand why the Board would consider approving the fee for transport on the agenda today when they gave money to Explore. Supervisor Church advised that the County's support of Explore Park is an example of regional cooperation, and he believes that the additional $150,000 is an investment needed to provide the experience of Explore Park for everyone. This decision was not made on the spur of the moment and required private and discrete negotiations. In response to Supervisor Johnson, Mr. Mahoney advised that if Explore Park closes, the Commonwealth of Virginia will own all the real property and improvements which is a $10 million private enterprise. Supervisor Johnson advised that if the additional funds for Explore were included in the budget as part of Parks & Recreation, the question of secrecy would not have come up. Because the Board was dealing with a state authority with rules and regulations, the negotiation process had to be done in private. Explore Park has been an integral part of the County, and the Board has been providing funding for past twelve or thirteen years. Supervisor Nickens suggested that if the majority of citizens have not visited the Explore Park, this should be a challenge to County and Explore staff. He suggested having a "Roanoke County Day" for better exposure with the entrance fee for County citizens being free, discounted, in exchange for a food donation or perhaps a raffle. August 14, 2001 469 Bent Mountain Station 8, Mount Pleasant and Catawba, and believes in the importance of community participation in public policy matters. She asked that the fee for transport policy be clearly written to assure citizens that fees will be directed to the insurance carrier and this will not be revisited later depending on amount of collections. She agreed that an education campaign is necessary and is concerned about how mileage will be determined for those living outside the County such as the Bent Mountain volunteers who live in Floyd County. She advised that the report on the agenda today concerning expansion of Bent Mountain Library suggested that all funding should come from the citizen fund raising effort but she does not understand why the County cannot match the funds raised. She and Ms. Carver, who was unable to attend this meeting, were not aware this was going to be on the agenda, and they have explored all the suggestions in the report. In response to Supervisor Church, Chief Burch advised that the mileage was computed from the closest edge of each of the five County fire and rescue districts to each of the closest hospitals and in surrounding counties, they took the mileage from the County line to the closest hospital. In response to Supervisor Nickens, Chief Burch advised that this is a fair structure for mileage throughout the County and achieves the goal of less paperwork for volunteers which was one of their concerns. In response to Supervisor Nickens' concerns about Medicare not reimbursing because of mileage averages, Chief Burch advised that this policy has been researched and is similar to the one used by Roanoke City, and it has been approved by the County's billing agency. Supervisor Nickens questioned if the November 1 start up date allows sufficient time for education of citizens, and advised that the 24 hour service was started in early April and August 14, 2001 471 ADMINISTRATION of the Roanoke County Code, provides that the Board of Supervisors, by resolution, may establish reasonable fees for the provision of emergency medical services by all emergency medical service personnel, whether provided by volunteers or public employees, upon the recommendation of the County Administrator and the Chief of Fire and Rescue ;and, WHEREAS, the County Administrator and the Chief of Fire and Rescue have jointly recommended the establishment of reasonable fees for the provision of various levels of emergency medical services, including mileage fees for vehicles, after investigation of fees charged for similar services in other jurisdictions. NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. The following ambulance transport fees shall only be charged by the County of Roanoke only for the actual transport of an individual for the following described emergency medical services provided by Roanoke County owned, operated, funded, housed or permitted emergency vehicles: Basic Life Support (BLS) $145.00 Advanced Life Support (ALS) $290.00 Mileage: Five Dollars ($ 5.00) per loaded mile from the point of pickup to the emergency room (ER), with a maximum charge of Seventy-five Dollars ($ 75.00) for transports originating in Roanoke County: For transports originating outside of Roanoke County, the mileage charge will be calculated from the Roanoke County line to the emergency room. 2. No recipient of ambulance service who cannot afford to pay the ambulance transport fees will be required to do so. 3. This Resolution shall be in full force and effect on and after November 1, 2001. On motion of Supervisor Nickens to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 2. Request for funding for extension of automated solid waste collection service. Anne Marie Green, General Services Director A-081401-2 August 14, 2001 473 R-081401-3 Mr. Mahoney advised that employees of constitutional officers may participate in the personnel system at the discretion of the Board and upon concurrence of the constitutional officer. This item is necessary due to the death of Commissioner of Revenue Wayne Compton, and because a new constitutional officer revokes the decision to participate in the County personnel plan. Ms. Nancy Horn, Commissioner of Revenue, is now asking to participate in the County personnel system. The proposed resolution accepts the employees of the Commissioner of the Revenue into the personnel system, provides for an exemption for the elected official and her chief deputy (the chief deputy is deemed to be a confidential, policy-making position), as well as a revocation procedure. Supervisor McNamara moved to adopt the resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 0814013 ACCEPTING THE EMPLOYEES OF THE ROANOKE COUNTY COMMISSIONER OF THE REVENUE INTO THE PAY AND CLASSIFICATION PLAN AND THE PERSONNEL SYSTEM OF THE COUNTY OF ROANOKE BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the employees of the Roanoke County Commissioner of the Revenue, said constitutional officer having heretofore agreed in writing that her employees be accepted into the pay and classification plan and the personnel system of the County of Roanoke, as authorized in Chapter 6 of the Charter of the County of Roanoke, be and such employees hereby are accepted into the pay and classification plan and the personnel system of the County of Roanoke; and 2. That all of the terms, provisions, and conditions of the pay and classification plan and the personnel system of the County of Roanoke as fully set forth in the Roanoke County Employee Handbook shall from and after the adoption hereof be August 14, 2001 475 Mr. Robertson described three alternatives: (1) Establish special sewer service areas, which could serve 21 existing residences, and approve construction of the gravity sewer lines to connect the four (4) proposed service areas with an estimated cost of $144,000. The total cost for initial participants would be $6,800 with later participants paying $9,062.50 (based on the present off-site facility fee of $1,500). (2) Establish a larger, special sewer service area, which would encompass all unsewered properties and potentially serve an additional 41 properties. The sewer connection fee would be established at $6,800 for initial participants and $9,062.50 for later participants. (3) Do not approve request for extension of public sewer service to the proposed service areas of The Orchards. Mr. Robertson advised that staff is recommending approval of Alternative 1 with total construction cost of $144,000, and the twelve property owners contributing $72,600, and a transfer from the Public Works Participation Fund for the remaining $71,400. There was no discussion. Supervisor Johnson moved to approve the first reading and alternative #1 and set the second reading for August 28, 2001. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Second reading of ordinance amending Article N Sewer Use Standards, of Chapter 8 Sewers and Sewaae Disposal, of the August 14, 2001 477 (3) Benezene, Toluene, Ethylbenzene and Xylene (BTEX) greater than 5.0 mg/I. (4) Pollutants which create a fire or explosive hazard in the P.O.T.W., including, but not limited to, waste streams with aclose-cut flashpoint of less than one hundred forty (140) degrees Fahrenheit sixty (60) degrees Centigrade using the test methods specified in 40 CFR 261.21. {63(5) Strong acid or concentrated plating solutions, whether neutralized or not. {~3~~,1 Fats, wax, grease or oils, from ~ esta!.;r~~n'~ o_r_ other facilities as deemed nec~ss~_ry t?v the ~_~unt~,~, whether emulsified or not, in excess of 100 mg/I or containing substances which may solidify or become viscous at temperatures between thirty-two (32) degrees and one hundred fifty (150) degrees Fahrenheit (0* and 65* Centigrade). ~) -motel Petr nle~.~n~~ l..~, drocanc~~r; s in excess ~Jr X00 m /i. ---- - --~-------- - ------ -- _--- --g-- (8) Obnoxious, toxic or poisonous solids, liquids, or gases, vapors, or fumes in quantities sufficient to violate the provisions of subsection (a) of this section. (9) Waste, wastewater or any other substance having a pH lower than 5.0, or any other substance with a corrosive property capable of causing damage or hazard to structures, equipment and personnel at the wastewater facility. {~ ~~_~~ Waste, wastewater or any other substance containing phenols, hydrogen sulfide or other taste and odor producing substances that have not been minimized. After treatment of the composite wastewater, effluent concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters. {~-23~1'f) Antimony and beryllium greater than 1.0 mg/1. {~-~j,1?~ Hazardous wastes. {-1~j(~ 3j Trucked or hauled pollutants, except at discharge points designated by the control authority. Gor~~ar~ie5 That truck or haul oflutants to the Gpur7ty sanit~~ sewer _are_ ~ub~e~yt tc~ inspections of their facilities inclueir~ taut rlo~ limited to officer,. ra~~ac~es and buildings us2d to tic~use the trucks. - -~-- _ _~ August 14, 2001 479 ~~I~ ~atego~ f d~fi~cts are de~i~in~tf ~:~~ (~~ C~irect connL-;ctio~ls !,ir~flaw tv, tie ~~~iic sewer cif s~ ~m~s (i~cludi~g ov_~~r~lov_vs? holes in fioC~r ~r;~in~, dov~nsoouts, foundation strains, .arid csth~r direct ~aurc~s cat irfia~v ~includinp bit not limit~~ to i~sik,e ~vidc~nce Elf cc raunci/surt~ce w~te entering drains through doors ar ~raci~s it tlaars Ur~d wally ~~ t_~c~~~c c~ur~ng field ins ectio~~s by ~h~ ~c~~nok~ Cuu~nty Ut_ i~ ~e.~~arrrrrt~rt. _ (~) F~~iiiar~~ tt? ~ii~w ~~r f;;omr~i~t~ ~_e_r~r~i~~c1 insp~c~i~~nh) tq ~~r~t~rrri~~e cc~m fiance. _.__.._- .. ~....,,A.~.. _,~ ~ _. **** Sec. 18159. Discharge of substances capable of impairing, etc. facilities. **** (b) Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of: **** **** (f) No person shalt discharge into public sewers solid or viscous substances which violate subsection (a) of this section, if present in sufficient quantity or size, including but not limited to: (1) Ashes. (2) Cinders. (3) Sand. (4) Mud. (5) Straw. (6) Shavings. {~j (6) Metal. {8-) ~7) Glass. {9-) (~ Rags. August 14, 2001 2. This ordinance shall be effective from and after its adoption. 481 On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: APPOINTMENTS 1. Industrial Development Authority Supervisor Minnix advised that Billy Branch is willing to serve another term and Supervisor Nickens advised that he will contact Stephen Musselwhite to determine if he would like to serve another term. IN RE: CONSENT AGENDA R-081401-5: R-081401-5.d: R081401-5.e Supervisor Johnson moved to adopt the Consent Resolution. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None RESOLUTION 081401-5 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM I -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 August 14, 2001 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 5, inclusive, as follows: 1. Approval of minutes -June 10, 2001, July 10, 2001, July 12, 2001. August 14, 2001 ~1 Q~ RESOLUTION 081401-5.e EXPRESSING THE APPRECIATION OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY UPON THE RETIREMENT OF GARY L. THOMPSON, SOCIAL SERVICES DEPARTMENT, AFTER TWENTY-EIGHT YEARS OF SERVICE WHEREAS, Gary L. Thompson was first employed by Roanoke County on April 9, 1973 in the Social Services Department as a Social Worker and also served as Senior Social Worker; and WHEREAS, Mr. Thompson retired from Roanoke County on August 1, 2001 as Social Work Supervisor after twenty-eight years and three months of service; and WHEREAS, Mr. Thompson provided supervision of the Child Protective Services Program and worked closely with the Police Departments of Roanoke County, Town of Vinton, and City of Salem to assure compliance with the policies of the Virginia Department of Social Services; and WHEREAS, Mr. Thompson is a compassionate, caring man who supported innovated service delivery to the citizens; and WHEREAS, Mr. Thompson, 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 GARY L. THOMPSON for twenty-eight 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 Johnson to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None IN RE: CITIZENS' COMMENTS AND COMMUNICATIONS Ms. Joan Carver, 8469 Willett Lane, spoke concerning the report on the Bent Mountain Library expansion, and advised that she was unaware that this was on the agenda. She advised that an escrow account for Bent Mountain Library was set up by Bent Mountain Women's Club with $1,100 of their funds but they did not go ahead with collecting the money before getting approval from the Board. Since the Board report mentioned that the Board would accept the project if 100% of the construction costs were collected, she inquired about grants such as those done by Parks & Recreation where they match the August 14, 2001 485 Supervisor Nickens moved to receive and file Item M.7. The motion carried by the following recorded vote: AYES: Supervisors Johnson, McNamara, Church, Nickens, Minnix NAYS: None 8. Report on Roanoke Regional Water Pollution Control Plant u rade Supervisor Nickens withdrew his request to discuss this item in closed meeting and asked that it be placed on a future agenda for discussion in a closed meeting IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS Supervisor Church advised that U. S. Senator Allen recently opened a district office in Roanoke County and welcomed him. Supervisor Nickens asked Mr. Mahoney to review the memorandum distributed to Board members about the Citizen Survey Bid Proposal. IN RE: WORK SESSIONS 1. Work session on Nuisance Enforcement. Paul Mahoney, County Attorne The work session was held from 5:20 p.m. until 5:55 p.m. and was presented by Mr. Mahoney. The work session was requested by Supervisor Johnson to discuss code enforcement where there is a health and/or safety issue involved. He advised that mediation of the resulting mosquito problem caused by a swimming pool left unattended could not be done in a timely manner because of the length of notice required and the NAYS: None Submitted by, Brenda J. Holton, CMC Deputy Clerk to the Board August 14, 2001 Approved by, H. Odell Minnix Chairman 487 ACTION NO. ~-041001-4 . a ITEM NUMBER ~ ~'~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Confirmation of Committee Appointments to the Roanoke Valley Resource Authority and Southwest Development Financing, Inc. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION a. ROANOKE VALLEY RESOURCE AUTHORITY Supervisor Nickens nominated Danial Morris, Finance Director, to fill the unexpired term of Diane Hyatt, Chief Financial Officer. The four year term will expire December 31, 2002. b. SOUTHWEST DEVELOPMENT FINANCING. INC. Supervisor Nickens nominated Wendi Schultz, Roanoke County Tourism Manager, to complete the unexpired term of Pete Haislip, Director of Parks, Recreation and Tourism. The term expires January 12, 2002. STAFF RECOMMENDATION: It is recommended that the above appointments be confirmed. Submitted by: Mary H. Allen CMC Clerk to the Board Approved by, ~o ~.~ Elmer C. Hodge County Administrator --------------------- ACTION ------------------ VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x Denied () Johnson _ _ x Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Roanoke Valley Resource Authority file Southwest Development Financing, Inc. file A-041001-4.b 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: November 13, 2001 AGENDA ITEM: Request acceptance of donation in the amount of $2,000 from the Salem Jaycees, Inc. for Camp Roanoke. COUNTY ADMINISTRATOR'S COMMENTS: ~~ ~~.dp"~'r+rrK BACKGROUND: The Salem Jaycees, Inc. donated $2,000 from the revenues generated from their participation in Olde Salem Days. They requested that these funds be used for a project at Camp Roanoke and have invited staff to attend one of their monthly meetings to give them an update on how it is used to benefit Camp Roanoke. SUMMARY OF INFORMATION: A portion of these funds will be used to purchase and install a donor tree for the dining hall. Many organizations use donor trees to recognize donors and to promote continued fundraising for future projects. The brass tree will be named "The Growing Tree" and will feature engraving to honor the Salem Jaycees for contributing the funds. In the future, individuals, companies, and organizations that contribute $500 or more will be recognized on the donor tree. While Camp Roanoke is now open for business, it is far from complete. Continued support from the community will be needed to build a swimming pool, to improve facilities, and to provide additional recreation opportunities. The much-needed recognition provided by the donor tree, the buy-a-brick patio, and other recognition programs will facilitate continued fundraising efforts. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends accepting the Salem Jaycees donation in the amount of $2,000 and appropriating it to Camp Roanoke. Respectfully submitted, Approved by, v ~' I T-3 Debbie Pitts Assistant Director of Recreation ------------------------------------------ `~~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: H Odell Minnix to approve Church _ x _ Denied () Johnson - ._ x Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x cc: File Debbie Pitts, Assistant Director, Recreation Danial Morris, Director, Finance A-041001-4.c 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: November 13, 2001 AGENDA ITEM: DONATION OF AN EASEMENT FROM RICHARD A. FOSTER, JR. AND HELEN G. FOSTER (TAX MAP NO. 15.00-01-10) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. rOUNTY ADMINISTRATOR'S COMMENTS: V (/ ,~~ This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, 20 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract of parcel of land belonging to the Grantor, acquired by deed dated September 14, 2001 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1720, page 805, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-10 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. SUBMITTED BY: Arnold Covey, Director Department of Community J `~ APPROVED BY: ~i~~ ~' Elmer C. Hodge pment County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson _ _ x Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x _ cc: File Arnold Covey, Director, Community Development Paul Mahoney, County Attorney 2 3-y Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by: Kirk A. Ludwig, Attorney at Law Tax Map No.: 15.00-01-10 Property Owners: Richard A. Foster, Jr. and Helen G. Foster THIS DEED OF EASEMENT, made this _~ day of ~Gtn h er , 2001, by and between RICHARD A. FOSTER, JR. AND HELEN G. FOSTER, husband and wife (whether one or more, "Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA ("Grantee") :WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to-wit: A perpetual RIGHT and EASEMENT, 20 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated September 14, 2001 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1720, page 805, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-10 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). Law Office Of Kirk A. Ludwig 1 TOGETHER WITH a temporary construction easement for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacement of the drainage system. The location of said easement is more particularly described on the Plat. The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as .near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they Law Office Of Kirk A. Ludwig affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property 2 J -°~ of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of , WITNESS the following signatures and seals: GRANT (SEAL) RICH RD A. F STE , JR. ~~.Lz.~- (SEAL) HELEN G. FOSTER Law Office Of Kirk A. Ludwig 3 JY STATE OF ~~ ~' COUNTY/ ~ , to-wit: My commission expires ~ ~1~ . ~'~, o2Q~3 The foregoing instrument was acknowledged before me this ~~ day of c~00 ( by Richard A. Foster, Jr. Notary Publi STATE OF ~`-' COUNTY/C OF c~~e , to-wit: of ,0200 / by Helen G. Foster. Notary blic My commission expires: ~ ~f~l . ~4 a~ The oregoing instrument was acknowledged before me this _ c~~ day Approved as to form: ~~~- '<~ Kirk A. Ludwig Attorney at Law STATE OF VIRGINIA, COUNTY/CITY OF ROANOKE, to-wit: BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Elmer C. Hodge County Administrator The foregoing instrument was acknowledged before me this day of by Elmer C. Hodge, County Administrator, on behalf of the Board of Supervisors of Roanoke County, Virginia. Notary Public My commission expires: Law OTfice II Of Kirk A. 4 Ludwig w U M - O :- d, r, N Z O I~ M p~ ~ p M aD Fa- ~ In~1j to O 00 M N (n OiM~MNN~iA 0 3333wwWw ' Z MMp~N~N =M Q ONTtnT;ni';'7 m ^~Oj~~^O^O ~nn~n ~ ~z cnz Z~ zcn Z NM~t U7 t~I~00p J ~ N M d' ~A t0 I~ W h t~ N E-. Wq h ~ 4~ ~~ ~a o~ ti .. x~ rr~ ,~ V, ~U o T~T`` V V W qti~ ~4~ o~q ~w~ W ~Q~ ~ O W ~~U ~~ O N- 'o w N W Z ~ ro ~t~o~~~ S~ t5 ' i 8 I ~ ~~~~~ ~ p °' ~ F S i U ~~ '~^ a~ ~ ~~ ~Q m 0 ~. ~`. 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A 0 w w a V N 2 U } K _ 1. ~ _, ~~ a ~ ~ ~ ~ ~~ o • ~ W '' ~ .~ n , 5, ..G°i..~QQ~ '. w U ~ M~Or-it'~N .Z CO I~ r7 ~ ~ p r7 00 Q ~~~ N ~_ Qi~inr~NN~~ D 33 33 ww ww ~ o~~z o~o~o~ Z ~O ~N_-N ~~ ~ N in ~ O ~ O r- ~'`') W QN ~;n ~;n T'M m ~^ O^ ~~ DO (nZ ~Z ZN Z~ W NMstln c~i~00p Z I N M d- ~ tO I~ W ti U N '~ ~ h ~~ ~A ~~ ti~ ~~ Q ~~ ~' o o~ Fw ~~ o~ ~U vow 1 0 w N W Zo ~Z gow g~~~$~ M °~Om TMeN a a, x "~ ~~ z "' U I t z s j 8 R \ ~ .\ 1 ~~~ s x .~ ~; ; ~: ; ~ ~ ,;' <~\ ~! x; ~" X; ~! h ~s ~i 0 W J ,~7 ~ i Q a Z w~ F ~° f ~~ cow 2 ~ i ~ ~~~®g< I ~ K ~~ a~ a i~ a = M ~ a O ~ ~ ~ ~I ~ U x, ..-Y--~ _.- ~ ., X ~ ~•I ~ ~~ ~ 1 N ojl (oj~i ~- O `•1~ ~ I WO :; ~ I w o I ~ ` 1-=N~jU ! ~ wX o ~ a I c~ $ ~g3~ ~~ I Z ~.,~ a ~ ~ ~, °I ¢~~ M~Z I ~ x d ~i ~ o o ~ a ~ N ~ o x = F N ~ U ~ } I X ~ ~ ~~ot' ~.,, I ~- ~ ~~ ~ N \\~ N R i ~ ___~~0~~ JW . ~ _ ~.• O I I N i 0 0 0 W w V Q ~a ~~ ~ ~ °~ V _.~ w W w ~ ti W W ~ ~ W W rw~ ~ V rO` V ~~ w A ~ O Q V O~ ~I ~I NI ~I °' I Q O W ~A ~~ ~~ ~o O V ~ ~ ~~ ~ti W W ACTION NO. ITEM NO. A-041001-4.d J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: DONATION OF AN EASEMENT FROM WILLIAM R. HODGES, JR., AND JANETTE COAKLEY HODGES (TAX MAP NO. 15.00-01-11) TO THE BOARD OF SUPERVISORS OF ROANOKE COUNTY IN THE CATAWBA MAGISTERIAL DISTRICT. COUNTY ADMINISTRATOR'S COMMENTS ~w,,,w,ri,,,,~p Q~~4°v''~ This consent agenda item involves conveyance of an easement to the Board of Supervisors in the Catawba Magisterial District of the County of Roanoke: A perpetual RIGHT and EASEMENT, 20 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 662, and designated on the Roanoke County Land Records as Tax Map No. 15-.00-01-11 (the "Property"). The location of said easement is more particularly described on the plate attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). The County's engineering staff has reviewed and approved the location and dimensions of this easement. Staff recommends acceptance of this easement. S-5 SUBMITTED BY: r- 1 Arnold Covey, Director Department of Community Developm nt APPROVED BY: Elmer C. Hodge County Administrator ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson _ _ x Received () McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x cc: File Arnold Covey, Director, Community Development Paul Mahoney, County Attorney 2 ~-.' S Exemption Claimed: Grantee is exempted from recordation taxes and fees pursuant to § 58.1-811A(3), Code of Virginia. Prepared by: Kirk A. Ludwig, Attorney at Law Tax Map No.: 15.00-01-11 Property Owners: William R. Hodges, Jr. and Janette Coakley Hodges THIS DEED OF EASEMENT, made this .3 ~ g ~ day of ~^ ~ 2001, by and between WILLIAM R. HODGES, JR. AND JANETTE COAKLEY HODGES ("Grantor") and the BOARD OF SUPERVISORS OF ROANOKE COUNTY. VIRGINIA ("Grantee") WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), paid in hand at and with the execution and delivery of this Deed of Easement, and other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged, the Grantor does hereby GRANT and CONVEY with General Warranty and Modern English Covenants of Title unto the Grantee, its successors and assigns, the following described easement, to-wit: A perpetual RIGHT and EASEMENT, 20 feet in width, to construct, operate, maintain, inspect and repair or replace a drainage system and related improvements including slope(s), if applicable, together with the right of ingress and egress thereto from a public road, upon, over, under, and across a tract or parcel of land belonging to the Grantor, acquired by deed dated July 26, 1988 and recorded in the Clerk's Office of the Circuit Court of Roanoke County, Virginia, in Deed Book 1289, page 662, and designated on the Roanoke County Land Records as Tax Map No. 15.00-01-11 (the "Property"). The location of said easement is more particularly described on the plat attached hereto as "Exhibit A" and by this reference made a part hereof (the "Plat"). Law Office Of Kirk A, Ludwig 1 ~'~~ TOGETHER WITH a temporary construction easement for use as temporary work space and to allow for necessary grading and storage during any phase of construction, reconstruction, repair, or replacement of the drainage system. The location of said easement is more particularly described on the Plat. The Grantee agrees to restore and repair any actual damage to Grantor's Property which may be directly caused by the construction, reconstruction, or maintenance of said project except as hereinafter provided. The Grantor agrees that the Grantee will not be expected to restore the Property to the identical original condition, but rather as near thereto as is practicable, and that the Grantor will cooperate with the Grantee in effectuating such restoration. It is expressly agreed between the parties hereto that the Grantee and its agents shall have the right to inspect the easement herein granted and to cut, clear, and remove all undergrowth, obstructions, or improvements lying within, upon, or adjacent to said easement, that in any way endanger or interfere with the proper use of the same. The Grantor covenants that no building or structure shall be erected upon or within the easement herein granted or placed in such location as to render said easement inaccessible. In the event that this covenant is violated, the Grantee shall not be obligated to repair, replace, or otherwise be responsible for such improvements if damaged or removed. The Grantor acknowledges that the plans for the aforesaid project as they Law Office Of Kirk A. Ludwig affect the Property have been fully explained to Grantor or Grantor's authorized representative. The fixtures, facilities, lines, utilities, and any other improvements placed upon, under, or across the Property by the Grantee shall remain the property 2 .."' of the Grantee. The easement herein granted is in addition to, and not in lieu of, any easement or right-of-way now in existence or which may be acquired in the future. The Grantor covenants and agrees for themselves, and for their heirs, successors, successors in title, executors, legal representatives and assigns that the consideration aforementioned and the covenants herein shall be in lieu of any and all claims to compensation and damages by reason of the location, construction, operation, maintenance, or reconstruction of or within the easement herein granted. The grant and provision of this Deed of Easement shall constitute a covenant running with the land for the benefit of the Grantee, its successors and assigns forever. To have and to hold unto the Grantee, its successors and assigns forever. Elmer C. Hodge, County Administrator of Roanoke County, Virginia, hereby joins in the execution of this instrument to signify the acceptance by said Board of Supervisors of the real estate conveyed herein pursuant to Ordinance No. adopted by the Board of Supervisors of Roanoke County, Virginia, on the day of WITNESS the following signatures and seals: GRANTOR: (SEAL) WI ILIA HODGES, J . ~d /~S~ c~gc.l (SEAL) JANE~ITE COq,KLEY Law OfTice Of Kirk A. Ludwig 3 J 5 STATE OF L COUNTY/CITY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day ofi ~ , ~~ by William R. Hodges, Jr. Notary is My commission expires:~~ (- ~~ STATE OF COUNTY/CITY O ~! , to-wit: The foregoing instrument was acknowledged before me this ~ ~ day of 00 by Janette Coakley Hodges. Notary li My commission expires: ~ - ~.~~ Approved as to form: ~~- dz--~`---,. Kirk A. Ludwig Attorney at Law BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA By: (SEAL) Elmer C. 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' , ~f~~ ~~\ ~ !~~ ~ IT,M j I ~ . ~ ~ i ~ ~ w ,'~ i I~ w I ! I ~ Q i 13 w i ~ I i I~ w I jZ a I z ~ ii `~ o) ~ Jo Q ~ ~ I o ~ ~ ~ ~~ ~ o i ; ~ I ~~'~`` 1 -l, ~ l ~1 ~~ ~I W h N W w A 0 a I O ri S5 O q o ~ ~ ti o ~ ~ o '' v A ~ ~ O~ ~I ~I N ~I ~I A w 0 W ~W W ~ ~ ~ o ~ W ~ ~q ~~ v~ ~~ ~~ ~o o~ ~~ W W~ s ~--~ 0 T W W AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-4.e AUTHORIZING THE TRANSFER TO OR EXCHANGE OF PERSONAL PROPERTY WITH THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, On July 24, 2001, the County of Roanoke entered into a cooperative agreement with Virginia Recreational Facilities Authority (VRFA) and the River Foundation; and, WHEREAS, in this agreement, the County agreed to assist the VRFA wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. The goal was to review these functions of government to determine the most cost-effective way to provide these functions; and, WHEREAS, the County has transferred certain surplus vehicles and other equipment to the VRFA after specific approval by the Board of Supervisors; and, WHEREAS, this action adopts a policy that treats the VRFA as another county department for the purpose of transferring, exchanging, leasing, or conveying public personal property assets. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the VRFA be deemed a County department for purposes of the transfer, exchange, lease, or conveyance of personal property, equipment, and other similar assets. 1 ~ ~. 2. That the County Administrator or his designee shall be authorized to approve such transactions concerning said property or assets as he may deem advisable. 3. That the VRFA is responsible for maintaining liability insurance coverage while they are using the County vehicles and/or equipment. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: /"v~ Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney Gardner Smith, Director, Purchasing Bob Jernigan, Risk Manager John Willey, Fleet/Property Manager 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: November 13, 2001 AGENDA ITEM: Request to Approve a Policy for Exchange of Assets with Virginia Recreational Facilities Authority COUNTY ADMINISTRATOR'S COMMENTS: ~ BACKGROUND: On July 24, 2001, the County of Roanoke entered into a cooperative agreement with Virginia Recreational Facilities Authority (VRFA) and the River Foundation. As part of this agreement, the County agreed to assist the VRFA wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. The goal was to review these functions to determine the most cost-effective way to provide them. In the past, the County has transferred certain surplus vehicles and other equipment to the VRFA. In each case, the Board has approved the specific transfer of vehicles or equipment to the VRFA. SUMMARY OF INFORMATION: If we are trying to maintain a small fleet of vehicles for VRFA in the most efficient manner, it is in our best interest to provide VRFA with vehicles that are in a little better shape so that the maintenance cost is not as high. In order to facilitate the exchange of surplus assets with the VRFA, it is suggested that the Board adopt a policy that treats the VRFA as another county department for the purpose of transferring assets back and forth. By adopting this policy, the County can transfer surplus vehicles to the VRFA as the need arises, and return vehicles from VRFA to be placed in the County surplus sale. As vehicles (or other equipment) are available, VRFA needs S-b would be evaluated alongside other County departments to determine where to place the asset. The vehicles will be transferred in such a way that the County will remain on the title and the VRFA will have an insurable interest. FISCAL IMPACT: The cost of maintaining the VRFA vehicles will be less if the County has the ability to transfer in and out the best vehicles that are available that are not needed by another County department. STAFF RECOMMENDATION: Staff recommends adopting the attached resolution that establishes the policy to treat the VRFA as another County department for the purpose of transfer of vehicles and other equipment. Respectfully Submitted by ~~~~~ ~ ~ ~lca~i~ Diane D. Hyatt Chief Financial Officer Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Approved by: ~.~~~- ~7 Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Church Johnson McNamara Minnix Nickens cc: File .,..` "~ RESOLUTION AUTHORIZING THE TRANSFER TO OR EXCHANGE OF PERSONAL PROPERTY WITH THE VIRGINIA RECREATIONAL FACILITIES AUTHORITY WHEREAS, On July 24, 2001, the County of Roanoke entered into a cooperative agreement with Virginia Recreational Facilities Authority (VRFA) and the River Foundation; and, WHEREAS, in this agreement, the County agreed to assist the VRFA wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. The goal was to review these functions of government to determine the most cost-effective way to provide these functions; and, WHEREAS, the County has transferred certain surplus vehicles and other equipment to the VRFA after specific approval by the Board of Supervisors; and, WHEREAS, this action adopts a policy that treats the VRFA as another county department for the purpose of transferring, exchanging, leasing, or conveying public personal property assets. NOW THEREFORE, Be It Resolved, By the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the VRFA be deemed a County department for purposes of the transfer, exchange, lease, or conveyance of personal property, equipment, and other similar assets. 2. That the County Administrator or his designee shall be authorized to approve such transactions concerning said property or assets as s/he may deem advisable. 3. That the VRFA is responsible for maintaining liability insurance coverage while they are using the County vehicles and/or equipment. ,~ A-041001-4.f 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: November 13, 2001 AGENDA ITEM: Request to Approve Fiscal Agent Agreement Between the County of Roanoke and the Virginia Recreational Facilities Authority COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: On July 24, 2001, the County of Roanoke, the Virginia Recreational Facilities Authority (VRFA), and the River Foundation entered into an agreement to establish the basis upon which they would collaborate and cooperate with each other to achieve the successful operation of Explore Park. In the agreement, the County agreed to assist the Authority wherever possible in the areas of finance, procurement, human resources, vehicle maintenance and marketing. SUMMARY OF INFORMATION: Since the agreement had been in place, staff has conducted an in-depth analysis of the financial records and systems of the VRFA. The current software that is being used is inadequate to provide the necessary information required to make informed decisions. The current system also requires many manual entries that could be automated with a better system. In order to provide a more sophisticated financial software system at the least cost, it is recommended that the County of Roanoke become the fiscal agent for the VRFA. In this capacity, the County would maintain the financial records as a separate set of funds on the County ledger. The County would generate the voucher checks and payroll checks of the VRFA as part of the weekly processes that are currently performed by the County. The VRFA cash would become part of the "pooled cash" maintained by the County. The County will begin acting as fiscal agent effective January 1, 2002. Between now and then, staff will make the necessary changes needed to accommodate the transition. ~=7 The County is currently acting as fiscal agent for the County Schools, the Roanoke Valley Regional School, the Roanoke Valley Resource Authority, the Greenway Commission, Roanoke Valley Cable TV, and the Roanoke County Industrial Development Authority. The County staff will include the VRFA in the Request for Proposals for Audit when this service is rebid in early 2002. We will work with the VRFA staff and the selected auditors to complete the audit. We are currently in the process of trying to establish remote communication links from the County computers to Explore Park. Until this link can be established, we will transmit information to the Park through a-mail of financial reports. FISCAL IMPACT: This fiscal agent service will be provided free of charge to the VRFA. However, the County will provide the VRFA with a valuation of the direct and indirect costs involved in providing this service to be used as an in-kind contribution from the County. In addition, this valuation may be used for the purposes of matching funds for grants. STAFF RECOMMENDATION: Staff recommends approving the attached fiscal agent agreement between the County of Roanoke and the VRFA. The County Administrator is authorized to execute the agreement and make any revisions that are deemed necessary to finalize the agreement. Respectfully Submitted by Approved by: ~.C~nsL /~ . ~~ '' Diane D. Hyatt Elmer C. Hodge Chief Financial Officer County Administrator ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: H. Odell Minnix to approve Church _ x _ Denied () Johnson _ _ x Received () McNamara-. x Referred () Minnix _ x _ To () Nickens _ x cc: File Diane D. Hyatt, Chief Financial Officer Danial Morris, Director, Finance Paul Mahoney, County Attorney J ~"~~ Fiscal Agent Agreement Between The County of Roanoke, The Virginia Recreational Facilities Authority, This agreement is made the day of November, 2001, by and between the Board of Supervisors of Roanoke County ("County"),apolitical subdivision and county of the Commonwealth of Virginia, and The Virginia Recreational Facilities Authority ("Authority"), a political subdivision of the Commonwealth of Virginia created pursuant to Chapter 16 of Title 10.1 of the Code of Virginia, RECITALS 1. The County, the Authority, and the River Foundation entered into a cooperative agreement, dated July 24, 2001 to establish the basis upon which they would collaborate and cooperate with each other to achieve the successful operation of the park and its continued development and enhancement. 2. In paragraph 6 of this cooperative agreement, the County agrees to assist the Authority wherever possible in the areas of finance, procurement, human resources, vehicle maintenance, and marketing. AGREEMENT The County is hereby authorized to serve as Fiscal Agent for The Authority. As such, The Authority and the County agree to the provisions outlined below: 1. Maintenance of Books. The County will establish a separate fund(s) on the County financial system to maintain the financial records of the Authority. 2. Pooled Cash. As part of the overall pooled cash concept that is used by the County, the cash of the Authority will be pooled with the cash of the County and other agencies that the County serves as fiscal agent. As such, the Treasurer of the County is authorized to make investments for the pooled cash. 3. Negative Cash. As a participant in the pooled cash concept of the County, the Authority may have a negative cash balance from time to time. The Authority agrees to minimise the negative cash to the extent possible. The cash balance must be positive at the end of the fiscal year. 4. Interest Income. At the end of each month, the County allocates interest income earned during that month to all of the funds based upon the percentage participation on the pooled cash. If ~~ FUTURE SCHOOL CAPITAL RESERVE COUNTY OF ROANOKE, VIRGINIA Savings from 1996-1997 debt budget Transfer from County Capital Projects Fund FY1997-1998 Original budget appropriation 23, 1998 Savings from 1997-1998 debt fund FY1998-1999 Original budget appropriation FY1999-2000 Original budget appropriation Less increase in debt service ovember 9, 1999 Savings from 1998-1999 debt fund FY2000-2001 Original budget appropriation Less increase in debt service FY 2001-2002 Original budget appropriation Less increase in debt service Unaudited Balance at Novemeber 13, 2001 $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 2,000,000 (1,804,427) 195,573.00 2,000,000 (465,400) 1,534,600.00 $9,110,496.00 FY2000-2001 Original budget appropriation my 11, 2000 SW Co Regional Stormwater FY2001-2002 Original budget appropriation my 1, 2001 School Budgeted Start-Up Costs HVHS/Glenvar Middle Unaudited Balance at November 13, 2001 $1,500,000.00 (290,000.00) 1,500,000.00 (1,858,135.00) 851,865.00 * Of this amount $447,280 is currently being used for the lease purchase of refuse vehicles and will be repaid within two years. Respectfully Submitted, Danial Morris Director of Finance Approved By, ~~ ~ ~ /~~ ~~ Elmer C. Hodge County Administrator ACTION # 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: November 13, 2001 AGENDA ITEM: Accounts Paid -September 2001 COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: Direct Deposit Checks Payments to Vendors: $4,649,296.68 Payroll 9/14/01 $663,487.18 $186,065.01 849,552.19 Payroll 9/28/01 654,162.40 171,818.77 Void Checks (2,292.27) (2,292.27) Manual Checks 1,548.99 1,548.99 $5,498,105.59 A detailed listing of the payments is on file with the Clerk to the Board of Supervisors. SUBMITTED BY: Danial Morris Director of Finance N~~ o ~ N a~ .--~ oo M oo O O O O M O d' O O M O M ~O r~ M O~ O ~' ~' ~ O ~' N~ O° `~ O ~f r N M °~ M ~!1 ~!l O 00 00 v'~ `J O O 00 O N N ~' ~ O ~ ~ c~C ayi O ++ ~ O r ~O O v1 ~D N ~t ~O ~O O O~ -~ O~ M ~!1 00 N o0 N N M ~ '-" O ~n ~t N ~ v'~ M O O --~ oo O '""' -'~ r ~O M ~ d' M ~ r ~O ~ . ~ A a~ OA ~ ~ ^. r M v~ a ~ ~ •--~ .-+ .-~ .-. ,--~ .-. .-~ .-. ~ .-. 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C/~ ~ N ^y" o ~' ~ ~ ~ y„ ~ ~ o ~"~ N cC ~ `~ U ~ ~ ~' ~ ~ ~ ~ ~ X a~ a, ~ u., ~ ~ O ~, ~ a. a~ Q a~ ~ ' 'o a ~ ~ ~ x ~, ~ F~ .~ ~ w o ~ ~ -o ai ~ ~ ~ ~ L U ^ ~ >C ~ N ~ ° ' ° X " "'d ~ (~ ~ $~ ~i N .'S .~ VI p .Vi ^ O (C O b Ya f~ ~ ~ fi ' v ~ ~ ~ F a ~ a c ~ o . ~ ` i C o ~. ~ ~ ~ o U w w w n., ~ y ~ ¢ ~ ~ ~ v U ~ .. ~ ~ ~ ° a ~ ~ ~ ,~° a~ ~ a~ .b -y ~ sue.. ~ aUi o ` ~ ^ ' a ~ O ~ ~., ° ~ ~ a`"i ~ a> its - o o ~ i ~ ~ ~ c a ai Q ' . i i i - ~ a a r~r~ Ua~ ~ ~ , UUa;~rx2v~~03wOcnE-~ _ xE-~ tea.wawa..aUaaw~F-{ wa O . w ~, p ~. O ~--~ N M ~t O~ N M d' v"~ ~O r oo °~ O^ N M _ 7 r o° ~ O M M M M ~' V N c0 O ~--~ ~ O -~ ~ M O N Vr O ~'~ ~' 7 'n ~~~~~~~~ O° °, °~ . ,.._ N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Lee B. Eddy 2211 Pommel Drive Roanoke, Virginia 24018 Tel/Fax: 540/774-2930 MEMORANDUM To: Roanoke County Board of Supervisors Date: 10/23/01 Subject: Monthly Meeting - Clean Valley Council Since I was out of town in late September, I am enclosing a copy of the minutes for the meeting held 9/25/01. Also enclosed is the agenda for the meeting held 10/23/01, which I did attend. The significant reports and actions are as follows: * John Hubard reported that the first fall river cleanup, sponsored by the CVC on October 6, was moderately successful. The Resource Authority waived fees and collected 10.4 tons of materials, equivalent to a total normal fee of $490. The consensus was that it was worthwhile and justified repeating in future years. * This year's Earth Summit (environmental education for high school juniors and seniors) is to be held Thursday, November 1st, at the Higher Education Center in Roanoke from 8 am to 2 pm. * The Household Hazardous Waste Collection Day on October 20, sponsored by the City of Roanoke, was considered a success, with lots of old paint collected. Some motorists had to wait in line as long as 45 minutes. * The Board voted to add Mike Ballantyne, Senior VP of Facility Services for Carilion, as a new board member. * Solicitation letters for the annual fund drive are due to be mailed soon. Please let me know if you have any questions. Res ectively submitted, ._ /~ _ ,. Lee B. Eddy ~" ii N~~ STAFF REPORTS Financial Report: Ann Masters. reported the following balances: Undeposited $37,514.00 cash; $1,320.75 First Citizens Bank; $ 55, 000 CDs; and $16, 801.90 Paine Webber money market. Director's Report: Ann Masters reported she went to the RVRA board meeting on August 22"d to request a waiver of fees for tires and trash to be collected on Fall Waterways Clean Up Day. RVRA agreed to waive the fees and will work with Masters to develop a pass for the groups to bring to identify themselves as participants of the clean up. Masters passed the new fee schedule of the Jefferson Center rental spaces for the board to examine. Masters explained that the rental fees were the reason the Earth Summit 2001 will be held at the Roanoke Higher Education Center and for the board meetings at RVRA instead of the Jefferson Center. Masters also said Cycle Systems would be accepting aluminum cans with the proceeds going toward funds for firefighters .who worked on the. September 11 tt, tragedy. Educator's Report: Bonny Branch reported she saw 313 students in 3 litter programs and 11 recycling programs. Branch went to New Life Christian Academy; Clearbrook Elementary, and Mountain View Elementary. She distributed 27 lunch bags, 40 pencils, 30 Frisbees, 30 recycling stickers, 83 rulers, and 11 growth charts. Branch also said all the puppets and critters programs had been filled and she was booked for the entire month of October. Administrative Assistant's Report: Lexie Levin reported the committee assignments for the 2001-2002 board year. Allan Robinson said RVRA had been asked to be prepared to accept asbestos from the September 11th tragedy if need be because not every landfill .accepts the substance. Nancy Bailey Duval said there are two landfills closer to Washington, D.C. than Roanoke that do accept asbestos. Robinson said RVRA has just been asked to be prepared because everyone would need to make some sacrifices.. Dan Hall asked if asbestos was the only material which would need to be disposed of in other landfills. Cary Lester said the ruble would be hard to separate so there could be all kinds of materials coming from the tragedy. Anita McMillan asked if Household Hazardous Waste Day was still scheduled for Saturday, October 20th. Lester said yes. Masters asked if there would be ads for the event. Lester again replied yes. The meeting adjourned at 12:59 p.m. "~ Clean Valley Council, Inc. Board of Directors' Meeting Minutes 9*25*O1 The Board of Directors of Clean Valley Council, Inc.. met Tuesday, September 25, 2001 at 12:15 p.m. in the meeting room of the Roanoke Valley Resource Authority. Laura Wasko called the meeting to order at 12:16 PM. There was a moment of silence honoring the victims of the September 11 to tragedy. Attendance was recorded. PRESENT: Laura Wasko, Owen Grogan, Andrew Glenn, Paul Bridge, Nancy Bailey Duval, Dan Hall, Jim Henderson, Eddie Hunter, Cary Lester, Jim McClung, Anita __McMillan,_Rusty Richardson, Allan Robinson, and Susan_Strong. STAFF:_Ann Masters,.. __ _ Bonny Branch, and Lexie Levin. ABSENT: Lee Eddy, Chip Harris, Julianne Hollingsworth, and Sandy Murray. The minutes from the August 28`h meeting were approved with one change to be made to the submitted copy. Paul Bridge was omitted from attendance. OLD BUSINESS: a. Fall Waterways Clean Up ...........................Nancy B. Duval announced approximately 100 registration forms had been mailed and two groups had returned the forms. Masters said she expects more groups to register in the next week. Duval also said Roanoke County was trying to get together a group. Duval mentioned that a weekday clean up might be more successful with businesses. Anita McMillan agreed with Duval. Masters'said that might be something to consider for next fall. Allan Robinson asked if the legal situation was the same for the waterways clean up as it was for Clean Valley Day. Masters responded the water presents some different hazards, but she had talked with CVC's lawyer, Lee Osborne and he said CVC should be covered, as it would be for Clean Valley Day. b. Earth Summit 2001 .......................................Lexie Levin reported the education committee met on September Stn to discuss the summit to be held on Thursday, November 1St. The location for the summit will be the Roanoke Higher Education Center. Levin also said Neil Kilgore, Watershed Manager for Upper Tennessee and Big Sandy Rivers, Division of Soil Conservation in Abington, Virginia had agreed to be the keynote speaker for the summit. Wasko and Masters invited the board to attend the summit. NEW BUSINNESS: a. Chair Appointments .............................Laura Wasko announced the following names as chairs to the board committees for the 2001-2002 year: Clean up - Jirn McClung, Communications -Sandy Murray, Education -Nancy Duval, Finance -Eddie Hunter, Fundraising -Dan Hall, Human Resources -Jim Henderson, Long Range Planning -Lee Eddy, and Recycling -Cary Lester. Over Please N-8 Agenda Clean Valley Council, Inc. Roanoke Valley Resource Authority, 2"d Floor Meeting Room Tuesday, October 23, 2001, 12:15 PM I. Opening a. Call to Order ...........................................................Laura Wasko Lexie Levin b. Roll Call .................................................................. c. Introduction of Guest, Mike Ballantyne, Senior Vice President of Facility Services for Carillon d. Approval of Minutes from September 25, 2001 e. Additions or Corrections to the October Agenda f. Financial Report .................................................Ann Masters II. Old Business a. Fall River Clean up ...........................................Lexie Levin b. Earth Summit 2001 ...........................................Nancy Bailey Duval c. HHW Day ..........................................................Cary Lester III. New Business a. January Board Meeting ....................................Ann Masters IV. Staff Reports a. Director's Report ................................................Ann Masters b. Educator's Report ...............................................Bonny Branch c. Administrative Assistant's Report .......................Lexie Levin 1. Junior League of the Roanoke Valley Community Opportunities Grant 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: November 13, 2001 AGENDA ITEM: Request for Development of New County logo COUNTY ADMINISTRATOR'S COMMENTS: While I believe that the Heart of the Blue Ridge logo is a wonderful logo, it no longer has the distinction of being totally unique, which is critical to Roanoke County's success in economic development. There is funding in the current budget for this project. I recommend staff be authorized to proceed. BACKGROUND: In 1989, the Board approved the "Heart of the Blue Ridge" logo for staff use in the marketing and unique identification of Roanoke County. Recently several staff members have requested permission to develop a new logo for use throughout the County. SUMMARY OF INFORMATION: As you may already know, branding is considered to be an intangible asset that is the careful selection and use of distinct trademarks, images and messages in identifying and marketing a product or service. It is an identification asset that many organizations guard quite vigorously and vehemently from possible encroachment by others. Staff researched what other localities are using for marketing and identification purposes, and examples have been provided for your review in the attached document. In researching the usage of logos and seals by other localities, it was discovered that many other local governments are using logos/slogans similar to our own "Heart of the Blue Ridge." Creating a unique and clearly defined identity for Roanoke County enables us to be more easily recognized at state, national and global levels. When used appropriately with the County seal, a new logo will enhance the County's position as a visionary leader among Virginia localities. N~ The County is also working closely with Roanoke City in a separate effort to develop a regional logo brand for the valley. A regional logo will allow the City, County and other localities who join in the effort to market the valley from a regional perspective, much as the Hampton Roads area does for Chesapeake, Norfolk, Portsmouth, Suffolk and Virginia Beach. FISCAL IMPACT: Staff estimates that the development of a new County logo will be approximately $5,000 to $7,000 for creative development and trademark licensing of both the logo and the County seal. Funding for this project will come from the current operational budget. ALTERNATIVES: RECOMMENDATION Staff recommends that one firm be contracted to develop a logo for Roanoke County that is trademarked and will allow us to create a brand that is uniquely our own. Logo ideas developed by the selected firm would then be presented to the Board for their approval. Staff also recommends that usage policies be developed for where and how the new logo would be used in conjunction with the County seal. Additionally, it is suggested that usage policies also be developed for the County seal. Our seal, which is a reflection of our history, should be used in a manner befitting its authority and influence as the official mark of the County's elected body. If the Board has no objections, staff will move forward with the development of a new County logo and usage policies for both the County seal and the new logo. Respectfully Submitted by Kathi B. Scearce Community Relations Director Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: Appro/v//eJ_d by: Elmer C. Hodge County Administrator ACTION VOTE No. Yes Abs Church Johnson McNamara. Minnix Nickens cc: File 2 N-9 Seals .; ~i/NERGY~ ,~~ 4 '~.c. ~, i~ T? r1 ~'i~Y vl..;~t4* A Get P~ ~ B~. N-9 ~ OC k~~®1N~* Bristol, Virginia: A Good Place for Business The ounty of ulpeper 1 H_ElN RI ~~H COUNTY 5 . y~ ,• ._ ~~ ++,pt ~4 f~.;1 ,, as !' e u r °j'~,~. N~~ ,~ G~UNTY IN VIRGINIA y 1757 a 4 , ~ ! ~ ~ i _~~~.'~ ' i41~~t ViRGr1VIA ~ , " N R O L K err ' i. T ~,,, .. Li e. Celeb~ate~l Dail . ~ ~ o~ ~~~~ ~.~ N-9 Price Wilii~~n Caaety~ Yir~iniu .,.. f ... .... _,.._ _ ~ l~~r., ,~ nc~)'rrdm~nrr r.? rh; 1'~~tnmuc ~, ~~'''~PRINCE WILLIAM CULTNTY, VIRGINIA lYhr~rc 'I'rchrrnlo~,~k~s G'urrrt+r~;c~ • Lk~~rrrhuc~nt cf F.cc,uumic />c~r•r~l~,f» rrerN 4`L ~ ~~`i~;~ .•} ~ ~ ~. .,: ~ ~ a VIFlCiINIA,CHARTERED1882 -; •.~~~ , ~ 1N _ ~"'fj''~ ~_+1~~ i ~~ ~ '~ ~ ,.. x4~~ Li~l ~ 1 i~L' L~~~~La ~. f, ~.~'~1 l ~`:.1Y v~ ~ ~~~;: r;~ ;•~~ 1°ti („ ~ y~.ti ~ y l - J 7 i ~ ~ ~ . ,:L, s ~. 4 + L t ... i t _ . r4~ ` ~a .t 4 ~ Lnf I~~;.i TJ Y . .. J 4 ~''re~Y J ~ -• ~,g X titi ~ ~ }~ ji> ~~" S~S~ r ~$~_ ~±_ ti'11ti:INt~ 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: November 13, 2001 AGENDA ITEM: Work Session for the County of Roanoke Six-Year Secondary System Construction Plan for Fiscal Year 2002 through 2008 and review of the Revenue Sharing Priority List for FY 2002-03. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: In accordance with Section 33.1-70.01 of the Code of Virginia and the policy of the Virginia Department of Transportation, the Board of Supervisors is requested to revise and update the Six-Year Secondary Road Construction Plan every year. This plan was developed jointly with the Virginia Department of Transportation and County staff, by reviewing the current construction plan and requests received by both County citizens and the Board of Supervisors during the past year. Roanoke County staff and representatives of the Virginia Department of Transportation have requested this work session to review and finalize the proposed plan. SUMMARY OF INFORMATION: The following summarizes the changes made to this year's Six-Year Secondary Construction Plan, Revenue Sharing Priority List and Rural Addition Priority List. Roanoke County received approximately $3.56 million last year. Roanoke County's budget for FY 2001-2002 is estimated to be approximately $4.0 million. In Countywide Items, this category includes traffic signs, entrance culverts and rural addition roads. Because Roanoke County's rural addition list is very long, $180,000 was allocated, which is the maximum allowed by state law. The rural addition projects that our staff is currently working on are Creekside Drive 1 and Artrip Lane. Staff has received no petitions for any rural addition projects this year. Incidental Construction are items that include minor construction that can be completed normally within one year, such as pavement overlays, drainage improvements and minor curve improvements Staff will again be requesting the maximum allocation of $500,000 for the Revenue Sharing Program from the Commonwealth of Virginia. Because of the minimum amount of paving requests received from VDOT, staff is requesting that the FY 2002-2003 Revenue Sharing allocation be placed on major projects, such as Glenmary Drive, Buck Mountain Road, and Indian Grave Road. The bulk of Roanoke County's allocation of approximately $3.5 million, is for numbered projects. Priority projects numbered 0 through 11, 17 and 18 are scheduled to receive funding this year. They are Hardy Road, Hollins Road, McVitty Road, Old Cave Spring Lane, Colonial Avenue, Buck Mountain Road, Cotton Hill Road, Glenmary Drive, Mountain View Road, Boones Chapel Road, Catawba Creek Road, Dry Hollow Road, Merriman Road, King Brothers Road and Rocky Road. Projects added to the plan are: • Hardy Road -this project involves reconstruction from the existing project at Vinton town limits to the Roanoke County line. Staff is requesting that this project be added to the six-year plan because of the proposed commercial development of the McDonald Farm and the increased activity in Bedford County and Smith Mountain Lake. • Indian Grave Road -this project involves reconstruction of a portion of Indian Grave Road and the intersection with Route 220. Staff is requesting that this project be added to the six-year plan because of several reasons; increased commercial activity in the area, safer access for Clearbrook Fire Station and Clearbrook Elementary School, and proposed economic development projects in the area. • County Line Road -pave 0.5 miles of unpaved road. • Montcap Trail -pave 0.2 miles of unpaved road. Note: Both County line and Montcap Trail are the only two unpaved roads that are left in the County that meet the 50 vehicles per day requirement. Projects considered but not added because of insufficient funds: • Carvins Cove Dam Road, Bohon Hollow Road, Honeysuckle Road, Two Ford Road, Hershberger Road, Manassas Drive and Franklin Street. These roads will be monitored each year for consideration to be added to the six-year plan. The complete Six-Year Construction Plan for FY 2002 through 2008 and Revenue Sharing Priority List for FY 2002 through 2003 are part of this report, for your review. 2 t~ ~- ALTERNATIVES AND IMPACT: No fiscal impact to County funds are involved: STAFF RECOMMENDATION: Request that the Board of Supervisors authorize staff to schedule a Public Hearing on the Six-Year Secondary Road Construction Plan for FY 2002-2008 and Revenue Sharing Priority List for FY 2002-2003 on December 18, 2001. SUBMITTED BY: Arnold Covey, Director Department of Community Development Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) ACTION Motion by: APPROVED BY: ~~'' ~~~ Elmer C. Hodge County Administrator VOTE No Yes Abs Church Johnson McNamara Minnix Nickens 3 "! i• TABLE OF CONTENTS AGENDA PAGES 1. SIX-YEAR SECONDARY CONSTRUCTION PLAN FOR FY 02-08 a. BOARD REPORT/INTRODUCTION 1-7 b. COUNTYWIDE ITEMS 4 - RURAL ADDITION UPDATE 5 - RURAL ADDITION PRIORITY LIST 6-7 c. INCIDENTAL CONSTRUCTION ITEMS 8 d. NUMBERED PROJECTS 8 PROJECTS SCHEDULED TO RECEIVE FUNDING IN FY 02/03 1 9-36 ~ • . 2. PROJECTS ADDED/REVISED 37 3. PROJECTS CONSIDERED/NOT ADDED 37 e. VDOT'S SIX-YEAR ROAD PLAN - 2. REVENUE SHARING FOR FY 02-03 a. ENT AND INTRODUCTION BOARD REPORT LETTER OF INT 46-49 b. REVENUE SHARING PRIORITY LIST AND MAPS 50-87 c. VDOT'S REVENUE SHARING FORM 89-96 • • ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 11, 2001 AGENDA ITEM: Consideration of Projects for FY 2002-2003 VDOT Revenue Sharing Program. COUNTY ADMINISTRATOR'S COMMENTS: EXECUTIVE SUMMARY: • Staff is requesting the Board of Supervisors to approve the prioritized Iist of projects for the FY 2002-2003 VDOT Revenue Sharing Program and authorize the County Administrator to sign the letter of intent to participate in the Revenue Sharing Program for Fiscal Year 2002-2003. BACKGROUND: The Virginia Department of Transportation (VDOT) annually provides localities the opportunity to receive state matching funds for the construction, maintenance, and improvement to primary and secondary roads in the state's highway system. The Commonwealth of Virginia provides $15,000,000 for the matching program and limits localities to $500,000 each. However, if more or fewer than 20 counties participate, our share of money will be reduced/increased proportionately. SUMMARY OF INFORMATION: County and VDOT staff presented a proposed priority project list for the FY 2002-2003 Revenue Sharing Program at the November 13, 2001 Board of Supervisors work session. Staff has adjusted the projects with maps based upon the comments received at the work session on November 13, 2001. • 1 • LJ ALTERNATIVES AND IMPACTS: 1) Approve the project list and authorize the Chairman of the Board of Supervisors or County Administrator to sign the letter of intent and defer appropriation of the funds ($500,000) until July 1, 2002. 2) Decline to participate in the Revenue Sharing Program for Fiscal Year 2002-2003. STAFF RECOMMENDATION: Staff recommends alternative 1. SUBMITTED BY: Arnold Covey, Director Department of Community Development ACTION Approved ()Motion By: Denied ( ) Received ( ) Referred To APPROVED BY: Elmer C. Hodge County Administrator VOTE No Yes Abs Church Johnson McNamara Minnix _ Nickens 2 • AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, DECEMBER 11, 2001. RESOLUTION APPROVAL AND ADOPTION OF THE SECONDARY ROAD SYSTEM SIX-YEAR CONSTRUCTION PLAN FOR FISCAL YEARS 2002-2008 AND APPROVAL OF THE ALLOCATION OF FUNDS FOR FISCAL YEARS 2002-2003. WHEREAS, a public hearing was held on to receive comments on the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke County for Fiscal Years 2002-2008; and the adoption of the Funding for Fiscal Years 2002-2003; and WHEREAS, the Board of Supervisors does hereby approve the adoption of the Secondary Road System Six-Year Construction Plan for Roanoke county for Fiscal Years 2002-2008 and allocations for Fiscal Years 2002-2008 as set out on the attached • Secondary System Construction Program. NOW, THEREFORE, BE IT RESOLVED that a copy of this resolution duly attested be forthwith forwarded to the Virginia Department of Transportation Salem Residency Office along with a duly attested copy of the proposed Secondary Road System Six Year Construction Plan for Roanoke County for Fiscal Years 2002-2008 by the Clerk to the Board. • • COUNTY OF ROANOKE SIX YEAR SECONDARY CONSTRUCTION PLAN FOR FY 2002 THRU 2008 l.a. INTRODUCTION: Roanoke County and the Virginia Department of Transportation (VDOT) are continuously reviewing and updating the six-year plan. Staff receives requests throughout the year concerning secondary roads in Roanoke County. The requests are reviewed and classified as maintenance or construction. Maintenance items are normally referred to VDOT's resident engineer for correction. Construction requests are put on file to be reviewed during the six-year plan and revenue sharing yearly updates. These requests normally require right-of--way, additional funding and/or engineering. VDOT and Roanoke County staff have reviewed and evaluated each request for inclusion in the six-year plan and revenue sharing program. In deciding which projects would be included, staff considered traffic counts, existing and future development, pavement conditions, drainage, safety, and the economic benefit. We cannot fund all the requests received due to budget constraints; therefore, we have prioritized the requests based upon the criteria above. • Roanoke County received approximately $3.56 million last year. Roanoke County's budget for FY 2002-2003 is estimated to be approximately X4.0 million. Over the past couple of years we have seen an increase in our funding due to Federal changes. Even with the increase in funding, we need to be selective and supportive of the projects we identify on the six-year plan. Staff has included roads that are substandard and have a high, or potentially high, traffic count due to proposed or existing development. The Board of Supervisors is required by state law to review and update the six-year plan every other year. However, due to funding changes in the TEA-21 legislation, VDOT has requested the Board of Supervisors to update the plan every year. As a review there are .three funding categories in the six-year plan: COUNTYWIDE ITEMS, INCIDENTAL ITEMS, AND NUMBERED PROJECTS. Staff will attempt to summarize each category and project on the following pages: 1.b COUNTYWIDE ITEMS: Items included in this category are traffic signs, entrance culverts and rural addition roads. Roanoke County's rural addition list (pages 6 and ~ is still very long. We have included the maximum 0180,000) allowed by state law. • 4 RURAL ADDITION UPDATE • The following is a review of each road. that staff has worked on or is working on: Staff is currently trying to resolve the speculative interest on CREEKSIDE DRIVE. If the issue cannot be resolved the project will be removed from the Rural Addition List. Work on ARTRIP LANE is ongoing. Staff will begin work on SMOKEY RIDGE ROAD and INDIAN HILL ROAD when ARTRIP LANE plans are finalized and accepted by VDOT. SMOKEY RIDGE ROAD serves six families and will require staff to obtain right-of--way and drainage easements. It is anticipated that needed easements and right-of--way will be obtained and design work will begin in the Spring. INDIAN HILL ROAD serves seven families and requires staff to obtain right-of--way and drainage easements. Speculative Interest also exists on this project. It is anticipated that needed easements and right-of--way will be obtained and design work will begin in the spring, concurrently with SMOKEY RIDGE ROAD. Staff received no additions to this years list. Several packets of information were sent out however no completed petitions were received. • • 5 RURAL ADDITION PRIORITY LIST • * FAMILIES PROBLEMS ESTIMATED ROAD DISTANCE SERVED SEEN COST (1) Smokey Ridge Rd. 800' 6 Right of-way and drainage easements $120,000 required. Turiaround area, private property damage. (2) Indian Hill Rd. 1300' 4 Right-of--way and drainage easements $130,000 required. Speculative Interest (3) Hemlock Ave. 1500' S Right-of--way and drainage easements $150,000 required. Sigiuficant private property damage. (4) Raintree Rd. 2600' 15 Right-of--way and drainage easements $325,000 required. Adjacent to Parkway. (5) Chestnut Mtii. Cr. 500' 6 Right-of--way easements required. $50,000 (6) Southview Dr. 800' S Right-of--way easements required. $80,000 (7) Williams Ave. 300' 6 Right-of--way easements required. $30,000 (8) Lucado St. 700' S Right-of--way easements required. $87,500 (9) Kathryn Dr. 790' 4 ROW required, stream crossing and $79,000 • difficult horizontal alignment. (10) Cowman Rd. 400' 4 ROW required, homes close to road. $80,000 ~ (11) Harmony Ln. 900' 8 Right-of--way and drainage easement $90,000 required. (12) Alcoa Rd. 1109' 8 APCO lines, ROW required, Stormwater $160,000 Management. (13) Willow Valley 3600' 4 ROW required, possible speculative $360,000 interest. Storniwater Management. (14) Falling Creek 800' 3 Adjacent to Wolf Creek, ROW required, $80,000 Speculative Interest. 15 ( ) Rus ~ Rd. n 300' 7 ROW required, steep terrain, sight $200,000 distance problems. (16) Crescent Ln. 1000' 11 ROW required, Speculative Interest, $100,000 Woodland Ln. utility relocation. (17) Riverview Rd. 1200' S ROW required, Speculative Interest. $120,000 (18) Broyles Ln. 500' 10 Possible Citizen Participation. $3000 • (19) Townsend Ln. 400' S Sight distance problems. $20,000 (20) Leffler Ln. 650' 3 Drainage Concerns. $15,000 (21) Dow Hollow Rd. 3000' 3 Widen, possible drainage concerns. $120,000 6 r~ LJ • (22) Grey Fox Ln,/Uphill 2000' 11 Possible drainage/grade problems. $75,000 Dr. *The estimated cost is for construction of the road only. It does not include: Utility relocation, right-of--way, construction stakeout, engineering, or rock walls. The homeowner and/or Roanoke County are responsible for these costs. r- 1 ~J . l.c INCIDENTAL CONSTRUCTION: Items include minor construction that can be completed normally within one year such as pavement overlays, drainage improvements and minor curve improvements. Staff has not included any funds for incidental construction in the six-year plan since all incidental items have been addressed under the revenue sharing programs for this year. The use of the revenue sharing funds for incidental projects is based on the assumption that Roanoke County will participate in the revenue sharing program. If the Board decides not to participate in the revenue sharing program, staff will review the need to fund several prioritized projects (page s -36 from our secondary yearly allocation. l.d NUMBERED PROJECTS: The bulk of Roanoke County's allocation funds are for numbered projects. This year, staff anticipates approximately 53.5 million to be allocated toward construction. The entire six-year plan is enclosed for your review (pages 3a-45 . Following is a summary of our current and proposed plan for next year: l.d.l. PROJECTS SCHEDULED TO RECEIVE FUNDING IN FY 02/03: THE FOLLOWING ROADS ARE CURRENTLY IN THE SIX-YEAR PLAN AND ARE SCHEDULED TO RECEIVE FUNDING THIS FISCAL YEAR: Priorities #0-12 are scheduled to receive funding this year and are highlighted over the next several pages. Priorities # 13-16, 19, 20 will not receive any funding this year. Priorities #17-18 are unpaved roads and will receive funds for paving this year. Unpaved roads are a separate account and the allocation is based upon the number of qualifying lane miles within each County. Unfortunately only 4.7$ miles of our unpaved roads (23.24 total miles) qualify for funding because they do not meet the minimum 50 vehicles per day requirement. • s f~~~~'V~'~~ ~~U~~`~ 5~~~~~~~~.~ ~.~ST~ •~ x,~' 1Jr-, ,i ~, ,~ ~ Ln ~ ~D3~ ~~ ~; ~ ~ ~v ,, . ~ ~~,~ /. ~S, ~ ~p- o ~~, ~ISSIC'1C f ~- e `, , ~ r z L D ` ~~ P ~ ~. ~ '' ~~ ~~. ~ ~ ~ ~ ~ ~ ~' ~ -~ ~~ ~ -- ~& ~ _~~ ~ ~~ ~ ~~ ,- L _~ ~yU~ ~ Dr .,, .. 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P.:, • Rt. ~~ ~~,. /~o rt 4- ~~ '°'i~. c~, ~r a~, , /' ~~- ~~~ ~~~ ~Y r S~C~I~~~~~ S`~"S~`F Its _ sue. ~~_~~ ~~~~.1~ .~~ ~~ f Cr~yE} ~ ! ` C~~ ~7G''~I~Ct( D~ ~~ G~` ~~ C~\ n `~ _i, & ~~~ w'~'` r `'~1lA~, 11h ~~ r~~~cs~a ~r~=P~~vr~~~v ~a .` i• l.t ~'!p~F~T~ ~ ~ ~ L.1 tJ ~T .€ 1'g ~l1i ~~~i~ ~~~~ ~~,~~v' ~ ~; ~~ G ` C S 4 ~' n .., x, ~ * ~ ~~ ~~~ ~9 _. T ~~~ P~ c3o N `~" m ~~' Si ,~I N j ~( f ,1 ` , ~~ h - - ~I~iL~?ni~r;~ {iVIPROV=.I~fi~l~ I ~ ~i ~- ~n ~' V 0 I)1 I ~l u :~, f ~' tl'- ti•+ .y. w.,~ ~ T~ ~~~~ ,~. __ ~_ ~~ ~~ n~ ~;•~. `"~~.D ~Y~' V~~ ~; ~~r , ~ ~~~ ~~~ E/ ~~' ~~~~T /v~'~ •_ k, ~~ -, n,~ L, r 1 v K~' ~ ~ X00 ~~` K `' 1 ~6 7 ~~ '-~ Ul --~ ~~\~C` ~~r4 •n• _ ~ ~ c~~~ ~~rf ~, 1759 `~'C~Lr; ' r~K .lj.~r1 ~~'~~(~ ~ ~~ ~, r, L.S ~ 1 ~~~ ~~~ n ~\ -~~; ~r~ ., ,~ ~~~~~tir~~i~~a~ Ln ci `~,, ~ 1 ~ ~ ~~~ ~~ ~ ~ ~ ~~ ~ ~~ 4 ~ ~ , ~- „Q ~ ti ~. Yv~~ ~ ~ k- B. ~,;C ~: ~~ •~ ti~ r; M ~ ~x ~ 6 :~ `~~ C~ ~~i ~~ 'r 11 P' ~ ~~ C .r N• f ~~~Gti G~,~:. ~~2~ ~~`~yV `l'j VI. f ~~ `J ~/ // k ~.. ~s~~ ~~o~o~>=o i~~~ov~~s~~Ts C' ~ ~ ~ ^,~{', gay ~~+J~NGhE ~pT?'4TTY" 5~.~0'~~D?~~~' ~7'~'T~:iy~ ~e ~ ~ ~~~ c~~?~~ ~~~~~~~~s s~s~~~ ~~ ~~° ,~s ~,o\f c~ ~~~ Rcl. y~aa P ~'/ J L n~ PR~rOS=D IIJ~PR~Vcfvich ~~ ~c ~~~ ~ ~~ ~. ~J J':~c44 ~ /'~ t + ~l~ ~~. • 1.d.2. PROJECTS ADDED IN FY 02/03: RTE. 634-HARDY ROAD (PRIORITY #16)-Reconstruction of Hardy Road from the end of the existing project (PRIORITY #0) to the Roanoke County line. This will complete the improvements of Hardy Road from the Vinton City Limits to the Roanoke County Line. RTE. 675-INDIAN GRAVE ROAD (PRIORITY #_)- This project involves the reconstruction of a portion of Indian Grave Road and the intersection with Rte. 220. This project was added because of increased commercial activity in the area, to improve access to the Clearbrook Fire Station and Clearbrook Elementary School. COUNTY LINE ROAD- Currently a dirt road, this project will pave all of the 0.5 mi. of County Line Road. MONTCAP TRAIL- Currently a dirt road, this project will pave all of the 0.2 miles of Montcap Trail. 1.d.3. PROJECTS CONSIDERED BUT NOT ADDED (INSUFFICIENT FUNDS)• CARVINS COVE DAM ROAD: Frontage road adjacent to Interstate 81 at the end of Plantation Road, (future commercial potential). Frontage roads are not .eligible for secondary or revenue sharing funds. The Board would have to request CARVINS COVE DAM ROAD become a secondary road. The interchange (exit 146) is being relocated with the widening of Interstate 81 and improvements can be requested at that time. HONEYSUCKLE ROAD: This is an unpaved road and only a short section of road meets the minimum vehicles per day requirement. Staff will continue to monitor traffic counts. BOHON HOLLOW ROAD: Replace existing low water bridge on BOHON HOLLOW ROAD. Bridge records indicate that bridge is in fair condition and even if the bridge would be replaced, staff does not anticipate the flooding problems to be eliminated due to the proximity of the Roanoke River and N & S railway TWO FORD ROAD, HERSHBERGER ROAD, MANASSAS DRIVE AND FRANKLIN STREET: Staff will continue to monitor these streets on a year-to-year basis. • 37 i• • F~- ~~ L >r N i ~ 41 O ~ ~ 4 V ~ ~ o a +~' ~ ii V ~ ~3+ o c m E ~ ~ _ :~ ci U U W N y N G N ~ ~ 3 ~ Z~ • m m } N LL o ~ ~ ~ ~ ~ ~~ N !O CV CO ~ O O N ~ ~ l~ ~ ~ ~ ~ ~ ~ W N I~ O ~ N o ~ ~ o W o ~ m ~O r~ 41 ~ l7 ~ N O O ONi u0'J n .~- O N_ N N N N f9 fA 69 fA f9 ~ 0 0 o r~ o 0 0 0 0 0 ~n ~ o o ll~ V l[1 M N n M M m M N ~ ~ ~ ~ ~ O tND O O O O ~ ch ~ ~ t9 (7 ~ ~ b9 69 f9 b9 !9 r~ v in m ~ m 0 0 0 N 7 t0 h N N N N N N a N N ~ .. ~ N `0 o N ~ _ ~ O N CD tD W O in N N N I N ~ D I I I I I I y °' I c I a W d I U I ~~ d I H ~~ ~ o U I=~ w o I" € ^' > 1 U > 111 0 0 0 1 !0 a 3S i• ~ a • Q a Z U q 7 n ~ ... o ~"' N ~ L Z ~ Q O o V ~ ~O W N fp °o } N Q 0 Z 0 U W °? m E • s ~ ~ C O ~ i0 cn ~ a n S. ¢ ~ v S ° O U m WW¢ ~w O 3 2 w o a w ooz U a ~ 'o rn wmy p ,^_ W K w 2 d m ~~W2 q~ ~ o O~ K `~ ~ ~ F-~ U gaN f o rn -~ Ot- 2 aU ^ w O ~ m o ?i h 2w~ 0 0~ > O a O N' °' 30 N `3 W U Y zq J rn a ~ t- a r o N Q E Z Up3O ~ W ryY d^ ~ F' UU Z Np Z n v S o w ggql- o as>~ > xW~o j Woo ~ z J O K ~iJ W aq O ~- U K O U ~ LL ~ 3 ¢~o~ q•-o U v~ooJ U > JF- o wy W ¢r ~ >ti W ~ Q~ w w ~ h w w ~ ~ n e ~ N w OJ ~ Q r °o N O w O w N N o ~ ~^ O O w w r O fD w M O W N b ~ o N w O F- U O J ~ ~ `p o a `~ °o ' c ¢i 0 o J ¢ to ° ~ w w w N w N W } ° ~ ¢ ~_ V- ~ Cl Q O w ° m m ~ °o 0 N H o 0 N N o ~0} f0 N W O N U N ~ t ~ w w o 0 0 ~ , oaf o 0 N 0 LL ~ G N V VVV+++ M M M ~ ~ N O N 0 o ~ ~ o o - W m ~ oOaf W O o o o o o w 0 O ° o o ° O g ~ o O C~ M W r t~ N W N ' ~ c v ti ~ o000 ~~o= ~~~~ ow°so ~g~W ~°sss ~ LL y > ~ w ~ m w w ~ "' umi n w w ° °im m in w w ~$ w o w w w m °v °m n Q w w ~ w w O ~' a. z~ o ° z~ w 3 0 o z ~ w 3 0 o z W w 3 0~ z ~, w 3 0 o z w h o a a q ti a g U ti a q o~ a q o~ a a U ti a q U~ N O O O O O O p O 00 O O O O O 00 O O w O ~- 0 0 0 0 w M 0 00 O O Ow 0 0 O O O O O O O O O O O O O O O m N 0 0 0 0 O O O O O O O O U ~ - - v> w m N N r m O ~ o °o C ~ ~ o v< O O aD o o v~ O O aD c0' O r 0 w N H w w w w r r _ N w m W N X 0 ~ °O O NN N W N w N M w w~ N t7 Nw q Q E ~ ~ N w 3 0 ~ N w 3 0 ~ O w~ o :° ~ O w 3 0~ ~ O w 3 0~ w ~i o ~° w ¢ a q o~ o a c v ti ~ a g U ti A a g U~ a g v ti a q U F- K > x o 0 0 ~ v z O p fO m o z o z Q 9 r n m~ ~ ^ v~ w o ~ m 7 E Q o Z? 2° ¢ o Z>~ g .L• o O `o~i ~ K g ~ O M ~ O ~ a z K ~ rn rn ~ N m~ O m ~t U O ~'+ > U ~i ~d > w ¢ O r~ R m qd > ui w ~ tt N w J m and rn V ~ N and vi ¢ m c _ Q Q ~~ ~ ~' ~ • o •° ~ O aci ~° ~ a LL F- ~ 1- ¢ ~ v o a[L x o w o¢ ¢ m v o 0 x o w o >i 0 ~ f U JO °m 'n. w ~ x o o q W o °m ~? 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O O N w w N r N p ti N M o N O O N °a - N N o N N 0 O N 0 p M N 0 (ryy' 1/I ° o O p C ~ N 00 {Oy N O O OOi O O ~ M N ~ O O N O (O(~~ fV O~ ~j • M N N M q M N l L C o o 0 8~~ S o 8 S S~ ti o~ 8 0 ~ "' o LL y = O O1 w N t9 O N~ N N S N~~ N ~ M~ tONO N O OOi N N (A N O O N N O S ~ N ~' a z ~ w 3 0 o z ~ w 3 0 o z~ w 3 0 o z W w 3 0 z~ 0 z S a~ 0 ~ a a U ti a a o ~- a a o ~ q q ~° a a ~ 8 O N O O O w S 0 0 0 0 0 opOp o p 8 0 0 0 O N O O pp8 88 0 0 6 U ~ O N_ N_ O y O [p 1O O yy N O - V V N N N T O O 1~ ~ M N O R O P O O m N 0 ~ r H~~ ~ m fA ~ N a N M N a N N f9 N v N N M M N N N N N N N E O W o O ~ o O o o N K °o z N °o z N U "' N o z N U Q 4 a U Fo ~ a K U ti ~ a U~ ~ R K 0 ti ~ R a V t° a R~ U I°- r3 K W W Z ~ Y g w W Z S W ~ W o Q m ~ U ~ U Uo ~~ Z N U U C7~ ?~ W rn ° Z m a ~ w ~ ~ r K m~ U U K.- Z~ _ O m N a' U N m ~ m m K U •"~ O VI S r K U p N W N N u > W U so r Q 0 ~~ n W O m 7 ]C 0 r y U$ Q Q U Z~ E m 7L O U Z O ~ N 1- K W 7 ro rrd U «L N W N~ w= 1` >d ~ U~ O W N S N 1` >d F 0 1 ~ J N ¢d W 3 0 i Q O Z W= U m ~ r~ Q d N m N t v d ~ rn~ F~ V) N f g ~ m Q U~ ~ g ~ Q 0 U° ~ ~ ~ O p° ~ ~ ~ ~ J p4 ~ g a 2 O x4 m o ~ ~ O aci ~ U ~ o w > ~ ~ = w > ~ ~ ~ ? n p N o ~ a p N o w > ~ ~ ~ .: M ~ d lL F- J F- ~ G D: O O o K O O •' ? 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IL H J H U W N U i°. r N N p' O K G O C.7 ~ N O r~ N d' O~ 0 0 ~ O p m '~ O m U O C LL. o O A m N ~ r = 0 0 c m y U E ~ nm_n y C ~ s LL a ~ ~ ° _ ~ (n E ° ° :~ ° ,e. n a m Q W j A yy^ ~ m V W ) ^ o m Q O W j ° m o a m N S W j N o m m O d V ~ ` a r m ~ ~ Q a# ' a ~ ~ a Q~ #t ~ o ~ m o ~ Q a# ~ o ~ m ~ Q n# ~ a ¢ ~ ~ a` ~ o cn v~i ~ a` ~ 9 ~ ~ ~ a` ~ o ~ ~ ~ a ~ ~ vi v~i ~ a` o° 7) m m a 44 'i ~ I~ u • 01 M O ~ to V O O N 'O M M ~ ~ a M ~ ~ p ~ E t» ° vi m U 0] O ~ m ae ~ of m ao co o ~o W f p N O N ~ N ~p ~ N ~ M O w O N ~i ~ p O m O CoO N ~ ~ m O C^'1 ~ O N M w ~ V7 ~ w m N m ~O(J » ~ 2 _Q F N U 8 op n °' Q O O N N N N 1~ c G Q Q O p Vd V eA ~~pp ~ V ? J R~ N f9 ~ R Vi L L 0 J ^ O O O O ~ 4. z U `~ LL o o $ ~ ~ M o M m a N O O N ~ ~ ~ `~ ~ v ~ U ° F ~ n U ~ .-. °o W '~ O ~ vi g S ~ vi °w Z W m a o o w m o Q O Q N w ~ ~ ~ V ~ C M V W O O 000 O O O W F O f7 p .- O (p V .- y O N N 00 O ^ N W r O o ~ w ~ o N o N v 1A ~ Z Q C C~ Obi p O O Opi ll') O) [M W ~ C'~ r r O W ~ ~ ' h M N ~ V ~ O ~ Q I L Q 6 9 m C ~ LL ~ o y- m a` ~ 00 f~ N r ~ ~ 7 th N v ~ 00 V O a ~, O O O ~ ao~ ~, p U ~ ~ M ao ~ O ~ ~ O M N M o IMF. t0 E N W M ~ e~ p w O ~ tO M ~ a ~ Q O U m p U m U ~ Q ~ Q m C ~ .m Q N Y ~ ~ ~ N O (n ~ ~ H ~ ~ C O i1 .C C w ° O, U U C s O N N 0 O m m m a 45 • ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: December 11, 2001 AGENDA ITEM: Public hearing and adoption of the Secondary Road System Six- Year Construction Plan for Fiscal Years 2002-2008 and the allocation of funds for Fiscal Years 2002-2003. COUNTY ADMINISTRATOR' S COMMENTS: . EXECUTNE SUMMARY: Staff is requesting the Board of Supervisors to adopt the attached resolution to approve the Secondary Road System Six-Year Construction Plan for Fiscal Years 2002-2008 and approve the allocation of funds for Fiscal Years 2002-2008. SUMMARY OF INFORMATION: In accordance with Section 33.1-70.01 of the Code of Virginia, as amended, the Board of Supervisors is required to conduct a public hearing on the Secondary Road System Six- Year Construction Plan to receive public comment. The plan before the County Board of Supervisors was presented to you at a work session on November 13, 2001. At the work session, County staff explained the evaluation process for inclusion of projects in the plan, reviewed the estimated funding for the next five years and the distribution of this year's allocation ($4.0 million) among the three funding categories. Staff is now requesting the Board of Supervisors to conduct the Public Hearing and approve one of the following alternatives and impacts. • 46 ALTERNATNES AND IMPACTS: • • 1) Conduct the public hearing and adopt the resolution approving the Six-Year Secondary Road Construction Plan for Fiscal Years 2002-2008. 2) Conduct the public hearing and defer approval of the Six-Year Secondary Road Construction Plan for Fiscal Years 2002-2008 until staff can review (if any) additional comments received at the Public Hearing. STAFF RECOMMENDATION: Staff recommends alternative 1. SUBMITTED BY: Arnold Covey, Director Department of Community Development APPROVED BY: Elmer C. Hodge County Administrator ACTION Approved () Motion By: Denied ( ) Received ( } Referred To VOTE No Yes Abs Church Johnson McNamara Minnix Nickens 47 LETTER OF INTENT December 11, 2001 Mr. James Givens State Secondary road Engineer 1401 East Broad Street Richmond, Va. 23219 Re: County Primary and Secondary Road Fund (Revenue Sharing Program) Code of Virginia, Section 33.1-75.1 Fiscal Year 2002-2003 -County of Roanoke Dear Mr. Givens: The County of Roanoke, Virginia indicates by this letter its official intent to participate in the "Revenue Sharing Program" for Fiscal Year 2002-2003. The County will provide $500,000 for this program, to be matched on adollar-for-dollar basis from funds of the State of Virginia. The County worked with its Resident Engineer and developed the attached prioritized list of eligible items of work recommended to be undertaken with these funds. The County also understands that the program may be reduced on a pro rata basis if requests exceed available funds. Having requested the maximum amount of state funds, the County further requests the opportunity to match additional funds if they are made available. Sincerely, r~ L Elmer C. Hodge County Administrator pc: Jeff Echols, Salem Resident Engineer, VDOT Arnold Covey, Director of Community Development, County of Roanoke Attachment: Priority Listing of Projects 48 • REVENUE SHARING 2.a. INTRODUCTION: The Virginia Department of Transportation (VDOT) annually provides counties the opportunity to receive State matching funds for the construction, maintenance, and improvement to primary and secondary roads in the State's highway system. The Commonwealth of Virginia increased the amount from ten million dollars to 15 million dollars four years ago for the matching program and limits localities to $500,000 each. However, if more or less than 20 counties participate, our share of money will be reduced/increased proportionately. Roanoke County and the Virginia Department of Transportation staff have been continuously reviewing and evaluation streets and drainage requests throughout the year. In addition to reviewing citizens' inquiries, staff contacted Roanoke County's Economic Development Department, Utility Department and VDOT's area superintendents. VDOT and County staff have reviewed and evaluated each request received for inclusion in the revenue sharing plan. In deciding which projects would be included, the following criteria were used; traffic counts, pavement width (18' or greater for plant mix) existing and future development, overall pavement condition (alligator cracking, depressions and utility cuts), drainage, vehicular safety, and the economic benefits. Following is our priority of projects to be completed in the summer of 2003 or beyond. • 49 REVENUE SHARING 2.a. INTRODUCTION: The Virginia Department of Transportation (VDOT) annually provides counties the opportunity to receive State matching funds for the construction, maintenance, and improvement to primary and secondary roads in the State's highway system. The Commonwealth of Virginia increased the amount from ten million dollars to 15 million dollars four years ago for the matching program and. limits localities to $500,000 each. However, if more or less than 20 counties participate, our share of -money will be reduced/increased proportionately. Roanoke County and the Virginia Department of Transportation staff have been continuously reviewing and evaluating streets and drainage requests throughout the year. In addition to reviewing citizens' inquiries, staff contacted Roanoke County's Economic Development Department, Utility Department and VDOT's area superintendents. VDOT and County staff have reviewed and evaluated each request received for inclusion in the revenue sharing plan. In deciding which projects would be included, the following criteria were used; traffic counts, pavement width (18' or greater for plant mix) existing and future development, overall pavement condition (alligator cracking, depressions and utility cuts), drainage, vehicular safety, and the economic benefits. Due to the relatively few number of requests for this years plan, staff is requesting that the FY 2002-2003 Revenue Sharing allocation be used for major projects .listed below. Due to the nature of the projects below staff is not recommending specifying a level of funding for any of the projects listed. Rather, funding would be allocated from the dedicated monies as required. PROJECT' # COUNTY MATCHING PRIORITY FULLY LENGTH WIDTH FROM: CURRENT WORK TO FUNDE OF OF OR INCIDENTAL CONTRIBUTION FUNDS IN 6 YR D PROD ROAD TO: ROAD BE DONE BUDJ ITEM # ($) ($) PLAN W/REV (MI} (EX} SURFACE SH Y/N FR INTERS OF GLENMARY DRIVE ~ - ~ - Y N 0.75 20 RTE 661 ST RECONSTRUCT RTE 778 #7 TO END OF ST MAINT FR .75 M W RECONSTRUCT BUCK MTN. RD. $ - $ - Y 0.39 INTERS 220 0.39 MI AND RTE. 679 #5 TO ZZT ERS INTERS. O IMPROVEMTS INDIAN GRAVE $ - ~ - Y 0.10 INTERSECTIO INTERS RD. N RTE 675 #6 220&675 TMPROVEMTS 500,000 $500,000 49 Q O N ri ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~" z ~ ~ ~~ Q~o W O V N 0 A 0 0 0 S 0 ~ o W ~ ~ E:; V V W p w~ w z~ z xww ~z~'~ .. z z >+ 6~,~ O ~U G G F' o z A o ~a~x P .- o ~ H ~ ~Q~~ ~ F ~~ p a O ~ N~ U z z~W~ x U w~ ~ p r CO1 ~ O Oo, (~ cn FW-, pC 4y W O O ~ ra ', $ 0. 7"7,. R j G F aka w ~ ~ '" w x w q ~ ~ z C q w U °~ a d q W °o W ~, ~-a w ~ O F+ ' ^y~- ~/ o N y z H ~' ~ O Fj ~ [_i W ~+ Z ~ CYi y~ Llsi+l, C77 F WW ~ O :n E.., ~ fx a r W W O ~ W ry r~' / W 0 H y aG7 t, m ~ z E G O O W W a o ~w~' a ~~ ~~ ~ z w ~~ a~~ a , ~~~ Hw ~' o ~ , ~~~ U O vi cs cn a Q ~ '' y G a ~ ~ ~ a ~ a ~ a ~ o ~ ~ ~ i• '• • ~®E~® C:IQ~~ ~~' ~~~~~ SYS~~;~ ~~ 6~ n \ ~ ~ ~ ~~ ~~ i ~ 7 0~ \ 1 Op 'f~~ 4 a S~ `~ ~~ ~ Ln ~ G\e~' ~dgev ~ Miner ~ ~~\~ C ~~ \° Sets ~'~. ~e ~ F~~~ '~v' et~ Dr 4 ° r e S~ ~~g~1 c~'~ ~~. i t ~ ii Pie°Sar ~ ~~ 'pQ. P`~ o~~~'. ~~ewP RtgO~ °~~6r °o,~ Rt94 m pr PROPOSED IMPROVEMENTS I,~I~~~ I~I~ i• i~ ~~ o- Rt 679 ~r ~o~ rn N`\\~ , . ~~ oo~ Clearbrook ~~eo<~ Elementary Poll 505 ~`` T ~~Q °'~ ~~r ~'- , a. X1`0 ~~ ~~ \~'~ `~ Clearbrook Fire 7 ~a Rescue 7 a~ a L . ~~ \a~~ 'I PROPQSE[31MPROVEMENTS ~~~ I~I~TAII~ R®AD INI~I~l~T GAGE READ • Should the Board decide not to use the Revenue Sharing funds for major projects, staff has prepared the attached list of roads to be completed in the summer of 2003 or beyond. • i • i• • • erland Cr .1 192 o~ c a PROPOSED IviPROVEMEi~iTS 1 GC ~ ~ off, o- 0 Thom pr ~a, R~ ~? O O~ MorS% /" ~~ ~ ~~ ~n Rt813 ..._ Joyce C~z~~~~ ~ ~~~~~ 0 mom., G~ ~~ O -, i• ~ • • ~~ U ~ o~e5ti Gr o yoke most Gr ~~ ~ U ~ ~ W / ~-' Q O Q mar \ wo 0 o< ~ a ~r ~~~G 1 ~~ d~~ ~~ Road ~X N ~ 0 (J~ Q ~<< ~' 68S ~~~~~ ~~ y ~ C'~ \05~0.~ `gr~ PQp~e ~~~~~~ ~a Rt r 33s ~ R o~ 0 R~6g6 ~ 4,~ c°~I o° Road Grandin Ex o` o`' o, Q~ M° n "J G7.? .cb ~ ~{ ~ ~Ihor+ nr ~~ erldl~ Ln r vo`` ~'` o~ ~~ Rt 1329 ~~°' ~~~~~ ~~~ PROPOSED 1~1PROVEI~ENTS • • • S ~~~~ ~~E~.~ ~~~~ M St ~c ~~°c Hidden Woode ~. / Ct ~~ '~s Rt 795 ,ag o< ~a~@" , P°Imer Mountain Ln Rt 7829 ~ ~-.., ..--r t f~' off. 7 ~° . We ~~ Rt1 McSpet~ Lm ~ Rf 8508 o~ oa F°`~~ ~~h ~^ Lake moot Dr 1446 \okemon~ is ~~ \i `r9~ C^ Wakon S, o~nyo Estates ~F ~ ~ 1388 Rt 1389 '~ ~^ > ~ Rd 0 *= ~~~2 ~,°'~o sBS ,~o0'i ~~ c 'S~' O0, ~p`N n `, ~ ti ~O d^ ~ °iD n ~ , Cr ~r l a tdo oij ~ P~~`~ ~ R! 733s ~ ~ ~ 9 ~ ~ J O ~~~~ ° \~ p'~ Wildvl C'i Road EX Rt68g ~ Go ~. ~, °.Wer 1 ~e~ ~~6 ~ ~ ~ o ~ Grandir ~ 6 a o a ~ ~. ehdle Win C rook .~ >S,o Rt 7571 Elhert Dr Rt 1329 .. 0~ V~ Whippletree Qe R ~o ~,~ ( ~o t`aAg ,~ tget Dr Dr ~ 0 h ,~~~ ~o ,i ~~ ~ o~ ~C'.'~l V ~ ~ ~ 3 Pl `L.?' ~R.+' ~ 1 3~ s PROPOSED IMPROVEMENTS i• • • °o~~° ~ Rt 1698 ~ ~~ ,~Fjrc ~~ O Kirkyyood ~~. L Dr h~ ~~ ~~ <,,7~Q ~~ 15a She'~~ Go Farmington Dr R~ Cn ~ ~~ 1549 ~ QOM \a~a C r <~ 4' •~°~ p{ ~. Canter v ~ ~° ~~ Rt1505 ~. ~a ~ .~ ~ ~ o,~ \o~ ~~ L ~ ~ Rd orb°aa ~ `~~~ •~~~~ ~~ ~~ G~iSer 4a Rt?o2 ~a~ °~ Rd taint ~a Gol onna~ ~ ~ o Dr ~rt0< Cr Q ~ '~ ~ ~ tr~ 1529 0 Ala '~ 00 ~~ ~ Castle Rock Rd aL• ~~ ~, Rt7C2 ~~ °h ~^ Shorthorn ~ ~~~~'~q~ Rt I~s~ -f-' pr L~pps~ Rd Ced ar~dge Rd. `~ °~ d, o Green Meadow ~A shire Green .~ o Rt 1516 ~~~~ ~ Dr Rt 151 g ~ Meadow Rd ~ o- ~ ~ ~j 30 5G2 Cynthia pr 6 ~~ ~ ~~ ~r• ~~ ~ La Dran~15Q1 .Lakeland ~~ ~ • c~~ C h~0`b o Cave Spring Ln ~Q~. n ,~ ~ Rt 1573 ;~ Go r o o ,~a~ o ~~ ~a ~~. Dr Ca-- Ve-_ ~. CC Luwana Rt 1543 Rt1574 PRDpDSED IMPRDVEMENTS i• ~®~T® C®U~TT1r SEC(~~t~A~Y SYST~I~ y~ ~~ y :7 " ~ a~~ ~~ ~~~ ~n ~°-~- eskee~-` 5~-~ ~ ~t8 ~ 3 ~ ~s~ PROPOSED IMPROVEMENTS i• n u R®AN©KE C~9~JNTY S~~®NDARY SYSTE112 SIB Y~~~ RJ~~ ALAN ?9 R~~1~~ ~ sPicewood a e G . ~~ m R~ ~< a\ M did l ev ~ c h o o l ~ Jae c< ~ ~\\\ Ra ~,, c9 ~ R~1~~ G~ Q~ j '~ e~\~ ~' ~R~~ ~ ~`~ ~ P ~`~ o ~ H gbh n~chool ~~~'~`~ ~ ,~ R ~ ~ti Glenv r ~~' Elementary Poll 103 ~ . Ma~U air ~a 1~ G~ O ~o ~~ ~,,~ ~'` ~ .Fort Lewis Fire 9 5 `~~~• / NN Rescue 9 ~a s ~~~~ ~, ~e5~ Fort Lewis Baptist Church ~ ~ Poll 106 x,00 PROP~SE~ IMPRNVEMENTS a ~~ co O- %r°`% {'` ~i 4 ~~ ~~, ,. i• • • 1 PROPOSED I~~PROVEMEi`JTS • ,: • \o~ R~ ROANOKE COUNTY SECONDARY SYSTErii SIX YEAR ROAD PLAN Highfields Rt 1200 Highfields Rt 1202 Far ~h T,, ~, ,~~ ~9 Highfields ,~, `~ ark ~ Rt1201 ~'r ~a~ k .Creek Rt69~ ~i re 1 1 cue 11 ~a Pf~OPNSEN I~~PROVEt~ENTS ~r I~I~~'I~IJI~~ F'AR ~I~~IJE I~~'I~~I~ ~~.I~ ~~~II~ ~• - ~,o~~o~~ cou~r~~ S~~~N~~RY SYS'~Eli~ six ~~~~ ~~~.~ ~~~~ Rte 3~6 vv er Rd Road ° ~ W~ntW~rth --- Rt1660 _- ~ r Rt ~ 37 =- ~ ~ ~- Kenbr°°k ~ ~~.~- oa~e~ ~ r ~ ~-~ ~ ~° Foxhall ~r ~ ~~ ode ~'` ~ ~ ~ Rt ~ ~~ g ~ c~ ~ r Rt 1 6 57 _C ~ Cordell D a Fontaine ~q- n~ ~• n C resth i I l ~~~ \6R ~~~~~L~ ~,~~~ ~~ Va u CI D Pf~~PNSEO IMPROVEMENTS ', S~~ ~~~~ ~®~~ ~~~~! ~, ~ o ~> ~ ~ ~ q ~ ~~ FZt 1368 o ~ ~ ~,~ ~ 366 ~ ~~ ~ ~~~g Buckingham q''~ ~~. `321 OC c~ ~eWo 5~ Kentland ~`'~ co ~d ~~ c Thames pr ~yJ ~~ R~~~ ~ Rt 13 ~5 ~ ,~~'S ~ d ~ Rt 130 6 ~- . , ~- Pa rk ~ • ~~ Fontaine C \1 Ra Qom, W h iteh a„2 Vaux hQ So Rt1~4 ~, ~'~ hwick Cr ~ Rt 1741 ~ ~ Cor de!( ~~ ~ J (s1 . ~ ~1 / a. Fz'~ ~ 661 D r ~" ~~~ Fon~a'ne ~~ ~ Cr ~~~ ~11~ ~L1~~~7~ PR~P~3E~ IMPROVEMENTS i• • i • St~C®~~'~ S`~S'T~l~ s ~~ ~~! U a~ U F°+ ~~, ~ ~A ~`'o ~~ ~C` ~~ o_ lcJ ~~ F ~~ ~a ge a~ O x O li ~ v~ ~ g G~ esp. ~rL~ r~~e ~~~ ~d ~~d~e s J PROPOSED 1FAPROVE~E~iTS ~~~~~~~~ C1~~S~.' ~IR~I~E • • ~0AN0K~. C®U1~'~Z' SAC®NDAR~ S~ST~NI S~~ YEAR ROAD PLAN ~ Kenwic~ R~9~ Cr 3,3 ~t rd Cr e~4 cesk ~~ e Fo,- `age„r Rd 'Qt~s~e~i'O' o ~ ~ oce5t ~a `~ ~ ~w ~a Rd Qo ~ c~ ~t ~aa ls_ ~ ~ I~oli 502 s, e~,~ ~ r ~' ~' ~terond ~~~ ~. Gt o ~ .s 9 oae m0 °o, l Rt 17"10, ~~~s ~ "° ~~ S Qt O G~ ~, a,~,~d\ ~ ~ ri ~~ a ~ ~ Cave Spring ~° ~` H h S h i So a ~~d m Rt'16~~ Hurr~`~~~ raj nai i ~e ~ v ~ ~ ~ . ~~~ss~°oa, ~ o ~`@ P 6 ~~ ^ ~o// d~ e~~c a n Ln ,~ a '~~ ~^Q' ~'~co Rt Is92 p m ~ V~ 's ~9 s 99 C,, ¢~' 1rdP per Or ~ L~ 3 -J ° ~ood~ R~1~ ~e ~~ ~' R~ ~ ~ '~ Oriole ., Rt 1754 ~ ~ WC ac' cock Or Rt 175` ~~ povetoil O R~ ~ ~ ~ ~r~ ~N ~ U 1 ~ v 3 Rt ~~~ Cork cr arrell Shell3 o~,~ ~ Rt ~Se Park ~ 3 ..,,nn .Penn F~rP~t WOOD TI-IRUSI-I DRIVE WOOD TIiRUS~I CIRCLE MEADOWLARK RO=A.D BLUE BIRD CIRCLE LARK CIRCLE RED DIRD CIRCLE TA_NGLEWOOD DRIVE BARN SY~ALLOW CIRCLE I~UMMINGDIRD LANE MORNING DOME ROAD PROPOSED IMPROVEMENTS • • ~CANOI~~ COLT1~tTY SECt~NDA~Y SYSTEll~I Sid Y~A~ R®A~ PL~l~i ,~,~ ~~~~ v ~ ~ ~~~- ~,~ s~~ Gap ~ Cave Spring H~ h Schoo •. • • • C c~u,~~y c~ ~a e~ G'~ ~ ~a o-~ \ rQ • ' • 7 • ~I~'~E I2~~I~ PROPOSED IMPROVEMENTS • PROPOSED 11~PROVENIENTS r1 LJ • r~ U PROPOSED Ii~PROVE~iE~1TS ~. t • . 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: November 13, 2001 AGENDA ITEM: Work Session on the Petition of the Roanoke County Planning Commission to Amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards. COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: At the request of the Planning Commission, staff has reviewed and revised the Screening, Landscaping and Buffer requirements of the Zoning Ordinance. The proposed ordinance provides more flexibility to both the developer and the nursery provider in the placement of vegetative landscaping while also giving credits for existing vegetation and encouraging the use of native landscaping materials. Local arborists, landscape architects and professional urban foresters have reviewed the proposed revisions. The Planning Commission has held several worksessions on this ordinance, held a Public Hearing on November 6, 2001, and favorably recommends this revised ordinance to the Board of Supervisors. Staff would like to use this worksession with the Board to review the ordinance, point out changes from the current ordinance and discuss the goals and objectives of this ordinance. ~ ~ ~ ~ ~ ~ Respectfully Submitted, Approved, C~' ~ Janet Scheid, Chief Planner Elmer C. Hodge Department of Community Development County Administrator -------------------------------------------------------------------------------------------------------------------- ACTION VOTE No. Yes Abs Approved () Motion by: Church Denied () Johnson Received () McNamara Referred () Minnix To () Nickens .~_ ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-92. "SCREENING, LANDSCAPING, AND BUFFER YARDS" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 30-92. "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning Ordinance be, and hereby is, repealed in its entirety. That a new Section 30-92, "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning be amended to read and provide as follows: Sec. 30-92. Screening, Landscaping, and Buffer Yards. Sec. 30-92-1. Intent. (A) It is .the intent of these provisions to: 1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4. Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the County and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments. Sec. 30-92-2. Administration. (A) These provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The board shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the board. (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. The property owner in accordance with the existing landscape ordinance shall immediately replace landscaping which dies . After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping and buffer yards. (C) Temporary irrigation must be provided to insure establishment. A description of the type of irrigation system used to establish the landscape is required to accompany the site plan. Irrigation systems are encouraged with landscape materials, which cannot survive on native precipitation. All plant material must meet American Association of Nurserymen Specifications for No. 1 Grade. Native plantings are encouraged when compatible with the 1~- ~ surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscaping plan. For native plant listings refer to the Department of Conservation & Recreation's publication entitled "Native Plants for Conservation, Restoration, and Landscaping-Western Virginia-Mountain Region." (D) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as maybe described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (E) Written decisions of the administrator regarding these provisions maybe appealed to the board of zoning appeals pursuant to section 30-24 of this ordinance. Appeals shall be made within thirty (30) days of the administrator's written decision. The approval of a site development plan shall constitute a written decision of the administrator. (F) Any required vegetation that has died must be replaced within 30 days. If during an inopportune planting season, time will be expanded to within 30 days after the start of the opportune planting season. Sec. 30-92-3. Modifications (A) Screening, landscaping and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards maybe granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. 5. The size or character of the area or equipment to be screened is such that screening may be ineffective in carrying out the intention of this section. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the county. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (E) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of i~-a. the site proposed for development. In such cases, the administrator shall allow the width or location of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (F) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions of Section 30-100-8 of this ordinance. Sec. 30-92-4. Enforcement Procedures and Penalties (A) All landscaping must be in place prior to issuance of a Certificate of Zoning Compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the county may issue a temporary or partial certificate of zoning compliance. A bond in the amount of 40% of the total cost of landscaping shall be held until final zoning approval. (B) Any violations shall be subject to Section 30-22 of Roanoke County Zoning Ordinance. 30-92-5. Standards and Specifications (A) General 1. All landscape plans shall be prepared by either a registered landscape architect, certified nurseryman, arborist, or professional engineer. At a minimum, fifty (50) percent of all plantings shall be native and every effort should be made to incorporate healthy existing vegetation into the landscaping plan. 2. No vegetation greater than thirty (30) inches in height shall be allowed in the clear sight triangle. 3. For each tree removed from the disturbed area with a trunk diameter of 24" or greater @ five (5) feet above ground level, shall be replaced with one of similar species or characteristics unless otherwise approved by the administrator. (B) Where buffer yards are required by this ordinance the following shall apply: 1. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Not withstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. In addition, buffer yards may be used for greenways. 2. When a proposed buffer yard has a variation in elevation of greater than six (6) vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the administrator. 3. The maximum slope of any required buffer yard shall be 3:1(Horizontal:Vertical). Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization and re-vegetation. In areas where extreme slopes exist, retaining 3 '{~-.ti walls no greater than 4 feet in height maybe used. If more than one retaining wall is used, a planting area at least six (6) feet wide with a slope no greater than 3:1 must be left between the retaining walls. 4. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required screening, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing trees to be incorporated into the landscape must be adequately protected during construction to insure their survival. (Fencing around the drip line perimeter). 5. Where deemed appropriate by the County Zoning Administrator, buffer yards maybe allocated for the present or future use as a greenway. (STAFF NOTE: In definitions section add - Greenways-protected, vegetated pedestrian corridors that provide linkages between neighborhoods, parks, civic centers, commercial centers, work places, etc. -or- a linear area maintained as open space in order to conserve natural and cultural resources, and to provide recreational opportunities, aesthetic and design benefits, and linkages between open space and recreational facilities and their users. (C) Where screening is required by this ordinance, the following shall apply: 1. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, earth berms, and/or a mix of evergreen/deciduous vegetation. Alternative materials maybe approved, if in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. (D) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation shall be considered as a substitute for otherwise required landscaping, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the Protection and Preservation Methods Section {Section 30-92-4(E)}. 2. All plant material must meet American Association of Nurserymen Specifications for No. 1 grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape. 3. All plant species chosen shall be suitable for planting and growth within the proposed environment and shall meet the size requirements in the following table. Plants used for screening purposes shall be planted in accordance with the on-center requirements of the table. If spacing requirements are not specified, required landscaping shall be arranged within a buffer yard to achieve the intent of this section. Size/Spacing/Number/Minimums 4 `~'- ~. Screening & Spacing Height At Planting Final Height Requirements Evergreen/deciduous shrubs 24" 6' minimum 5' on center Small evergreen trees 5' 15' minimum 15' on center Large evergreen trees 6-8' S0' minimum 20' on center Small deciduous trees 1 %" caliper 15' minimum 15' on center Large deciduous trees 1 %" caliper 50' minimum 30' on center (E) Protection and Preservation Methods 4. Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the Zoning Administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation *Type of material specified may vary due to site-specific determinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. 5 ~_ d, 2. Areas designated for protection and/or preservation shall not be violated throughout the entire construction period by actions including, but not limited to: • Placing, storing, or stockpiling backfill or construction related supplies. • Felling trees into the designated area. • Burning within or in close proximity. • Modifying site topography in a manner which causes damage by collection/ponding or flow characteristics of site drainage. • Trenching or grading operations. • Operating equipment or machinery. • Parking of construction vehicles. • Temporary or permanent paving or impervious surface installation. • Temporary or permanent utility construction installation. • Disposal of construction debris or chemical pollutants. 3. Work or construction related activities within areas designated for protection and/or preservation of existing vegetation shall be accomplished only with prior approval of the Zoning Administrator. ~..,.. ,, 30-92-5. Applicability of Regulations & Requirements (A) Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using Chart 1. CHART 1 Adjoining Zoning AG-3 AG-1 AR AV R-1 R-2 R-3 R-4 PRD NC C-1 C-2 R-3 D D B A A A Zoning R-4 C-1 D D D D B BorC A A A B A B B B A C-2 I-1 D D D D BorC D A D C D C D B D B D D B B B I-2 E E E E E E E E E C C B 7 ~"`~` TYPE OPTION 1 (Large Buffer, Minimal Landscaping) OPTION 2 (Smaller Buffer With More Landscaping/Screening) A B C D E (B) (C) 20' buffer Large trees One row of evergreen shrubs and one row of deciduous shrubs 30' buffer Large trees One row of evergreen shrubs and a row of deciduous shrubs 40' buffer Large and small trees One row of evergreen shrubs and a row of deciduous shrubs 50' buffer Large and small trees One row of deciduous shrubs 75' buffer Large and small trees One row of deciduous shrubs 15' buffer One large and 3 small trees for every 75' 6' screening & 2 large shrubs for every 10' 20' buffer One large and 2 small trees for every 50' 6' screening & 3 shrubs for every 10' 30' buffer One large tree for every 30' 6' screening & 4 shrubs for every 10' 35' buffer One large tree for every 30' 6' screening & 6 shrubs for every 10' 50' buffer One large tree and two small trees for every 30' 6' screening & eight shrubs for every 10' Requirements for Adjacent Right of Way /Street Side Plantings 1. Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of--way, a planting strip shall be established between the parking areas and the adjacent right-of--way. The planting strip shall have a minimum width often (10) feet. 2. Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of--way. Small trees planted every 20 linear feet, maybe used where an overhead power line or other obstruction is present. In addition, a minimum of two (2) shrubs shall be placed in the planting strip for every five (5) linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, designed and located to channel traffic, facilitate storm water management, and define and separate parking areas and aisles. 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 %z") inches at the time of planting in accordance with Section 30- 8 ,.. 92-3(C). 3. Rows of parking shall be separated by a landscaped island at least every 15 spaces and landscaped islands shall also be placed at the end of each row. Landscaped parking islands shall be spaced throughout the parking area and have a minimum dimension of 8' in width of planting area. To protect the plant material from vehicular damage, the island must be delineated by a clear physical barrier such as concrete curbs or set landscaping timbers. 4. A minimum of one large tree with surrounding turf grass or other ground cover shall be required in all parking lot islands. Additionally, three shrubs for every 15 parking spaces shall be planted within or adjacent to the parking area. 5. Large parking areas shall be broken into sections not to exceed 100 parking spaces. Each section is to be separated by major landscaped buffers to provide visual relief. 6. Paved areas greater than 500 sq. ft. such as loading areas, that are not necessarily striped parking lots shall place one landscaped island, as specified above for every 750 sq. ft. of area. They shall be located to channel traffic, and/or define separate parking areas. 7. Expansion of existing parking areas shall comply with the requirements above if the expansion involves the addition of an area equivalent to ten (10) or more parking spaces and the resultant parking area has the equivalent of fifteen (15)_or more spaces. The amount of landscaping required above shall be based on the number of spaces in_the new parking area only. (D) Landscaping Requirements for New and Expanded Developments -Adequate minimum landscaping shall be provided as follows: 1. The area coverage of trees and shrubs to be planted, together with the existing crown area of those retained shall occupy at least 35 percent of the total land area of the proposed project. Total land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. 2. The approved Crown Coverage allowances are listed below. They are based upon the anticipated size at maturity when located in a built environment. Type Minimum Height at Maturity Crown Coverage Allowance Large deciduous trees 50' min. height 1,250 square feet each (35') Large evergreen trees 30' min. height 500 square feet each (22') Small deciduous trees 15' min. height 250 square feet each (15') Small evergreen trees 15' min. height _250 square feet each (15') Large shrubs 5' min. height 10 square feet each (3') Small shrubs 2' min. height 5 square feet each (2') 3. Shrub planting which apply toward crown coverage allowance requirements shall not f -3~ exceed more than 25 percent of the total crown coverage allowance requirements. Shrub plantings proposed for use as screen plantings (such as related to refuse service areas, outdoor storage areas, mechanical equipment, etc.) do not apply toward Crown Coverage allowance requirements. 10 ~"' 4. Groundcovers, perennial plantings, or turf grass do not apply toward Crown Coverage allowance requirements. (E) Additional Screening Requirements 1. All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground level mechanical equipment shall be screened or landscaped. 2. Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. 2. That this ordinance shall be in effect from and after its passage. 11 s ACTION NO. ITEM NO. s~' ~GE --'~ J AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Work Session on Financial Information COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This time has been set aside for a review of the following financial information: A. Review of the changes in the economic climate and the County's response to these challenges (Elmer Hodge) A review of current conditions and steps taken in response will be reviewed. B. Results of operations for the County for the year ended June 30, 2001 (Danial Morris As a result of year end operations, $641,208 will be added to the General Fund Unappropriated Balance and $144,301 will be added to the Capital Fund Unappropriated Balance. The source of these funds will be reviewed. C. Rollover Requests from County Departments (Brent Robertson) Based upon County policy, the recommended rollover from department savings is $113,194. These requests will be reviewed. D. Review of first quarter revenues for 2001-02 (Brent Robertson) The review of the first quarter revenues indicates that revenues will fall short of budget expectations. Respectfully Submitted by Danial Morris Director of Finance Approved by Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church Denied () Johnson Received () McNamara Referred () Minnix To () Nickens Acme Business Machines Branch Management Cloverdale Company Commonwealth Brokers Commonwealth Kinetics Corrugated Container Custom Tool & Machine Cycle Center FA Properties Frito-Lay Greenbrier Nurseries Interstate Commerce Park/Bldg ITT Nightvision KelTech Kroger Distribution Center Liberty Property Trust Lincra USA M&W Fire Apparatus Medicap Pharmacy Optical Cable Corporation Plantation Development Plastics One R&L Carriers RR Donnelly Rusco Inc. Simpson-Tharp Funeral Home Va Hospitality Ventures Valley Centre Business Park Virginia Varsity Transfer WinnDixie Total Roanoke County Investment Net Gain (Loss) From Beginning of Agreement to 2001 84,827.14 92,794.58 30,293.00 13,804.16 18,977.00 43,207.49 2,895.00 15,351.58 3,970.00 11,673.19 39,403.00 464,225.13 6,659.00 4,553.76 19,061.00 107,178.77 12,218.00 167,859.14 25,000.00 38,721.25 22,717.00 79,445.04 11,472.00 11,035.35 100,000.00 1,483,290.46 4,608.00 12,675.70 1,780,000.00 (216;095.03) 18,419.00 100,876.51 33,476.00 (23,597.97) 2,000.00 30,136.73 1,197.50 67,962.36 33,613.30 206,076.65 7,965.00 2,785.57 7,686.00 174,162.92 29,392.52 19,291.80 2,500,000.00 (396,295.50} 147,327.19 27,068.50 41.,225.50 46,396.55 62,771.00 301,971.63 5,713.00 17,381.94 15,858.31 20,393.55 72,302.00 22,620.44 5,141,046.46 2,946,952.25 Length of Agreement October-96 - November-00 September-99 - June-O1 July-96 - April-99 October-94 - June-97 August-95 - February-00 May-95 - October-97 February-98 - December-00 October-98 - March-00 December-97 - September-99 December-96 - November-00 January-98 - April-99 October-97 - October-00 May-96 - June-99 April-98 - March-99 February-97 - December-(?2 July-97 - December-99 September-99 - Deceml~r-03 September-96 - March-99 June-96 - November-97 November-96 - March-98 January-99 - March-O1 January-97 - unspecified November-99 - June-O1 February-96 - June-06 May-95 - May-99 June-96 - April-99 March-95 - December-98 June-98 - January-00 January-99 - June-00 April-98 - July-99 * Money generated in excess of the Roanoke County Investment AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-5 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 2.2-3712 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 Nickens to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson cc: File Closed Meeting File A COPY TESTE: Mary H. Allen, CMC Clerk to the Board of Supervisors ~f 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: November 13, 2001 AGENDA ITEM: First reading of ordinance to convey approximately thirty acres of County owned land located in the Center for Research and Technology to the Roanoke County Industrial Development Authority (IDA). COUNTY ADMINISTRATOR'S COMMENTS: ,,r0 SUMMARY OF INFORMATION: Roanoke County typically utilizes the powers and services of the Industrial Development Authority to assist with Economic Development projects. Roanoke County Economic Development is currently negotiating with a prospective industry that proposes to construct a new facility in the Center for Research and Technology. To facilitate the orderly transfer of property from the County to the prospect, it is necessary to first convey the property from the County to the IDA. FISCAL IMPACT: None at this time. All future fiscal considerations related to this project will be brought before the Board as contractual negotiations progress. STAFF RECOMMENDATION: Staff recommends adoption of the attached ordinance that authorizes the County Administrator to execute the necessary documents to convey approximately thirty acres of land in the Roanoke Center for Research and Technology to the Roanoke County IDA. Respectfully submitted, Doug Chittum Economic Development Director ------------------------------------------- Approved by, C G%~ Elmer C. Hodge County Administrator ACTION VOTE No Yes Abs Approved () Motion by: Church _ _ _ Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix _ _ _ To () Nickens _ _ _ ~~ M s ~~ ~ ~~ ~ ~ ~W Z m ~! ~; 5 ;~ 0 ~ W~ U 0' &~ Z Q 0 } ~ W = z,~ Z 2 U g~ <8 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE AUTHORIZING THE CONVEYANCE OF 33.7 ACRES OF REAL PROPERTY LOCATED IN THE ROANOKE COUNTY CENTER FOR RESEARCH AND TECHNOLOGY TO THE ROANOKE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, Roanoke County and the Roanoke County Industrial Development Authority desire to promote and encourage the economic development of Roanoke County and the Roanoke Valley by the recruitment of new industry for the Roanoke Valley, in order to provide for increased employment and corporate investment in the County; and WHEREAS, Roanoke County has identified and developed The Center for Research and Technology as a strategic location fora 457-acre business park, to promote and encourage economic development in the County of Roanoke; and WHEREAS, in order to serve the public interest and to facilitate the orderly transfer of real property to a prospective industry interested in locating at the Roanoke County Center for Research and Technology, it is necessary to convey certain real property from Roanoke County to the Roanoke County Industrial Development Authority. WHEREAS, Section 18.04 of the Roanoke County Charter directs that the acquisition or conveyance of an interest in real estate shall be accomplished by ordinance; the first reading of this ordinance was held on November 13, 2001, and the second reading was held on December 4, 2001. NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: That pursuant to the provisions of Section 16.01 of the Charter of Roanoke County, the subject property has been declared to be surplus, and is hereby made available to the Roanoke County Industrial Development Authority for other public uses, namely, economic development. U:\WPDOCS\AGENDA\REALEST\CRT.IDA.30.ACRES.ORD.wpd 1 .~ 2. That the public notice regarding the public hearing for the conveyance of this real property was advertised in the Roanoke Times & World News on and That the County Administrator, or any Assistant County Administrator, is authorized to execute such documents and take such actions as are necessary to accomplish the conveyance of 33.7 acres of real property to the Roanoke County Industrial Development Authority, further described as Lot 7 containing 10.2 acres, Lot 8 containing 10.2 acres, and Lot 9 containing 13.3 acres as shown on a map prepared by McKinney and Company, dated 3 November 2000, all of which shall be upon form approved by the County Attorney. U:\WPDOCS\AGENDA\REALEST\CRT.IDA.30.ACRES.ORD.wpd A-111301-6 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: November 13, 2001 AGENDA ITEM: Request for Appropriation as a Result of Operations for the Year Ended June 30, 2001 COUNTY ADMINISTRATOR'S COMMENTS: This information is being provided to you for the audit committee, the work session, and the resulting evening session, where the yearend balances will need to be appropriated. Like the rest of the nation, we are in a state of transition. The yearend audit shows a favorable addition to the general fund unappropriated balance of $641,208. While this is substantially lower than we have realized in recent years, we are pleased. The School year end surplus was $3, 322, 435, a similar amount to last years School surplus. The budget report showing revenues for the first quarter of the current fiscal year identifies several areas that we should continue to monitor. Our sales tax revenues are currently projected to be $240, 000 less than we budgeted for the 2001-02 fiscal year, and the hotel/motel tax is $200, 000 less. While other areas of the 2001-02 revenue budget may be slightly understated, if this trend continues, we anticipate an overall revenue shortfall of $381,130. If holiday sales and the economy continue to decline, it may be necessary to take steps to reduce the 2001-02 budget. Until then, we plan to absorb the shortfall by reviewing and reducing expenditures, reducing travel, and delaying rehires where we are able. We will also review the rollover request with you. We have carefully reviewed the requests to keep them to a minimum and consistent with the Board policy. If you have any questions between now and the Board meeting, please let me know so that we may address those concerns also. SUMMARY OF INFORMATION: KPMG is completing their audit of the financial operations of the County of Roanoke and County of Roanoke Schools for the year ended June 30, 2001. The County will receive a favorable opinion. The Comprehensive Annual Financial Report will be going to the printers on November 15, 2001 and will be distributed to the Board of Supervisors as soon as it is received. We anticipate printing to take approximately two weeks. The Audit Committee met this afternoon to review the results of the year's operations and the management letter comments from the auditors. The County operations for the year ended June 30, 2001 resulted in expenditure savings of $676,259 as shown on Attachment A. Of this amount $257,495 is being recommended as available rollover from department savings. Based upon the policy for the rollover of year-end savings the departments were able to request up to 60% of the savings within their own department for special purchases and programs as approved by the County Administrator. These approved department rollovers total $113,194, which are outlined on Attachment B. This leaves a net department expenditure savings of $144,301. Based on the rollover policy this amount will be transferred to the capital fund unappropriated balance. R-i The general fund revenues were $2,947,568 over budget. The Board anticipated ayear-end surplus and appropriated $2,103,190 as part of the original 2001-02 budget appropriation. Amore detailed analysis of general fund revenues is outlined in Attachment C. Further amounts designated from the surplus were for loans approved to the water and sewer funds, and for the net appreciation of investmests (unrealized gains). This leaves a balance of $641,208 to be added to the general fund unappropriated balance. The general fund unappropriated balance at June 30, 2001 is $8,572,589. This is a decrease of $1,336,052 or 13.48% from last year. As of June 30, 2001 the general fund unappropriated balance was 7.16% of 2000-01 general fund revenues. As shown on Attachment D, the current unappropriated general fund balance will equal 6.52°~ of 2001-02 budgeted general fund revenues after the remaining surplus of $641,208 has been added. Finally, Attachment E indicates the additional $144,301 which is recommended for appropriation to the capital fund unappropriated balance. A review of first quarter 2001-02 revenues can be seen in Attachment G. Results of Operations for the Year Ended June 30. 2001 for Roanoke County Schools -Attachment F is the Report that will be presented to the School Board on November 15, 2001. The Schools ended the year with a surplus of $3,322,435. Based upon the adopted County budget ordinance, these funds will automatically be appropriated to the School Capital Fund. A detailed schedule of the proposed uses to be discussed with the School Board is included in Attachment F. Included in the total is $1,338,302 that will be reserved in the School Capital Fund for revenue shortfalls in the 2001- 02 fiscal year. The School Board will need to request, and the County Board approve, for this money to be re-appropriated to the School Operating Fund if this shortfall does occur. No action is required by the County Board at this time. STAFF RECOMMENDATION: 1. The County net surplus of $144,301 be appropriated to the capital fund unappropriated balance according to the rollover policy. 2. The remaining net increase of $641,208 be appropriated to the general fund unappropriated balance. Respectfully Submitted by Dania) Morris Director of Finance ACTION Approved (x) Denied ( ) Received ( ) Referred ( ) To ( ) Approved by Elmer C. Hodge County Administrator Motion by: Joseph P. McNamara to approve Church ap~r~riations Johnson VOTE No Yes Absent x - - x McNamara- x Minnix - x Nickens - x cc: File Dania) Morris, Director, Finance Diane D. Hvatt, Chief Financial Officer R- ~ County of Roanoke Attachment A General Operating Fund For the Year Ended June 30, 2001 V ariance Budget Actual Amount Revenues $112,768,830 $115,675,681 $2,906,851 (2) 2.58% Expenditures and commitments (52,436,101) (52,178,608) 257,493 (1) -0.49% Beginning Balance 12,103,805 12,103,876 71 (2) 0.00% Transfers In 25,659 66,305 40,646 (2) 158.41% Transfers Out (64,530,812) (64,112,046) 418,766 (1) -0.65% $7,931,381 $11,555,208 $3,623,827 Designated Funds Pre-approved for Expenditures for 2001-02 Budget (2,103,190) (*'`) See Below Pre-approved loans to Water/Sewer Funds - Clearbrook 493,847 Surplus after Pre-Approved Expenditures 8 Loans 1,026,790 Departmental rollover per policy (193,194 Transfer to Capital Unappropriated Balance per rollover policy (144,3x1 Net Appreciation of Investments 128,087 Addition to General Fund Unappropriated Balance 641,208 Preliminary General Fund Unappropriated Balance at June 30, 2001 7,931,381 Adjusted General Fund Unappropriated Balance at June 30, 2001 $8,572,58! ("'"'`) Detail of Expenditures Approved for 2001-02 Budget from Surplus Economic Development - Tanglewood Mall $75,000 Blue Ridge Behavioral Services 38,423 ConventionNisitors/Partnerships 35,000 Additional Fuel Costs 200,000 E-Government 24/7 50,000 CPMT 100,000 Detention Center 260,000 15 Fire/Rescue Personnel Phase II 337,500 (partial funding, remainder from Fee for Service) JBDR Court Repairs 300,000 VA Western CC Site Improvements 32,267 HP Computer Upgrade -Server 100,000 Police Cars (6) New Officers 150,000 Hidden Valley High School -Water/Sewer Connect 225,000 Additional Tourism 200,000 Total 2001-02 Budget Expenditures from 2000-01 Surplus $2,103,190 County of Roanoke Rollover Appropriation FY 00-01 to FY 01-02 Attachment B Surplus Dept Balance to (Deficit) Request Capital Rollover Description _ BOS (1,713) (1,713) County Administrator 685 685 Community Relations 2,278 1,367 911 Replacement PC County Attorney 2,999 1,799 1,200 County Code Recodification Human Resources 15,564 9,100 6,464 Lawson Training (payroll) $5,500; Online Applications $2,000; PC/Printer for Background Checks $1,600 Economic Development 6,779 4,000 2,779 Existing Business Program initiatives Commissioner of Revenue 2,179 1,300 879 Replacement DP/Imaging equipment for court records Commonwealth Attorney 1,674 1,000 674 Workstation replacement Sheriff 16,219 16,219 Transportation Safety 960 960 Treasurer 1,123 1,123 Clerk of the Circuit Court (3,775) (3,775) Circuit Court Judges (27,819) (27,819) General District Court 4,679 4,679 Magistrate 515 515 J & DR Court (1,024) (1,024) Court Service Unit 74,484 44,000 30,484 Equipment and telephone system for space renovation ACA -Management 3,760 2,200 1,560 Staff Training Real Estate Valuation 16,453 8,950 7,503 Internet Database project (on-line inquiry) $3,500; PC/Printer Replacements $5,450 Public Transportation 14,965 14,965 Finance 6,875 4,125 2,750 Replacement PCs (3) $3,600; workstation replacement $525 Contingency Balance 7,017 7,017 Management & Budget 5,079 3,048 2,031 Replace PC/Printer; printing of Citizens Budget Guide Purchasing 6,413 3,848 2,565 PC Replacement(2) -Buyers; Staff training (VAGP) Police Department 3,709 2,225 1,484 Replace DP Equipment -Records Division M:\budgetlrollover\FY02 Ro2.xIs160S WrkSessn Page 1 Printed 11/09/2001, 11:28 AM County of Roanoke Rollover Appropriation FY OO-Ol to FY 01-02 Attachment B Surplus Dept Balance to (Deficit) Request Capital Rollover Description Fire and Rescue 250 250 General Services 262 262 ACA -Human Services 1,484 1,484 Parks, Rec & Tourism (2,339) (2,339) Social Services 100,878 20,502 80,376 2 Specialty Printers, Upgrade Monitoring Equipment, Workstation Replacement Library 7,144 4,000 3,144 Replacement of Internet PC's for public use Elections 2,887 1,730 1,157 Redistricting costs (voting cards and mailing costs) Non-Dept-Mist (14,694) (14,694) Tax Relief/E&H 1,544 1,544 257,495 113,194 144,301 M:\budget\rollover\FY02 Ro2.xls\BOS WrkSessn Page 2 Printed 11/09/2001, 11:28 AM f~_1 V ~.+ C d t w is Q ~C G 3 d Y d ~ ~ ~ 0 N d C ~ ~ O E `~ V ; O ev L d C ,d V CO O M 00 ~ to N V O O O M h M t0 ~ M ['~ ~ CQ V N c~7 N h U7 M V M Cn I~ (p u7 W ti ~ ~ CD ~ ~ ~ M MM V Cfl M tD 1+ u N 4f) ~ [!') ~ O CO tl' l!") 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N U C N R-i Attachment D GENERAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA of General Amount Fund Revenues Prior Report Balance $7,931,381 6.29% Pending Addition from 2000-01 Operations 641,208 Unaudited Balance at June 30, 2001 $8,572,589 July 24, 2001 Appropriation to the VRFA -Explore Park ($100,000) July 24, 2001 Loan to VRFA -Explore Park (250,000) Unaudited Balance at November 13, 2001 $8,222,589 6.5 Changes below this line are for information and planning purposes only. Balance from above $8,222,589 $8,222,589 6. 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 2001 - 2002 General Fund Revenues $126,027,248 6.25% of General Fund Revenues $7,876,703 Respectfully Submitted, Danial Morns Director of Finance Approved By, Elmer C. Hodge County Administrator Attachment E CAPITAL FUND UNAPPROPRIATED BALANCE COUNTY OF ROANOKE, VIRGINIA Amount Prior Report Balance Pending Transfer from Department Savings 2000-01 Unaudited balance at June 30, 2001 Aug 6,2001 Lloyd Property Settlement Proceeds Aug 14, 2001 Solid Waste Collection Canisters Sep 11, 2001 Mason Cove Fire/Rescue Station Septic System Unaudited balance at November 13, 2001 Respectfully Submitted, Danial Moms Director of Finance Approved By, Elmer C. Hodge County Administrator $656,424.43 144,301.00 $800,725.43 984,000.00 (42,000.00) (40,000.00) $1,702,725.43 ~ a-i M:\Finance\Common\Board-Reports\MonthlyReports\CAP02.xls 11/09/2001 Attachment F ACTION # ITEM NUMBER AT A REGULAR MEETING OF THE COUNTY SCHOOL BOARD OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY SCHOOLS ADMINISTRATION BUILDING MEETING DATE: November 15, 2001 AGENDA ITEM: Request for Appropriation of Final Year-End Balance from School Operations for Fiscal Year Ended June 30, 2001 BACKGROUND: As a result of year-end operations, school revenue received exceeded budgeted revenue by $149,318 (or .15%), while under-expenditures in the major spending categories accounted for $3,173,117 (or 3.22%) of the year-end balance (Attachment A). In past years, the Board of Supervisors has allowed the School Board to purchase school buses with year-end funds and set aside the remaining funds for other capital and non-recurring purposes. SUMMARY OF INFORMATION: As noted in the finalized audit for fiscal year 2000-01, the year-end fund balance for school operations is $3,322,435. The budget ordinance adopted by the Board of Supervisors on May 22, 2001 indicated "that all school fund appropriations remaining at the end of the 2000-01 fiscal year not lapse but shall be appropriated to the School Capital Improvements Fund in fiscal year 2001-02." The attached worksheet outlines staff requests for capital expenditures that have not been funded within the regular operating budget. Senior staff reviewed and prioritized the requests submitted by the departments. Only requests that support the goals in the Six Year Plan were considered for funding. First, priority was given to the amount budgeted as part of the current year budget during the 2001-02 budget cycle ($263,852), the outstanding encumbrances ($65,414), and the annual bus replacements ($650,000). Secondly, staff agreed that the current local, state, and national economies warrant a conservative approach to spending this year-end balance. Consequently, staff is recommending that $1,388,302 (42% of the balance) be reserved as a safety net for the current economic conditions. This amount includes $650,000 for a second year of bus replacements and $738,302 for potential revenue shortfalls in the current year. Should the 2001-02 year-end balance be insufficient to fund the bus replacement schedule next year and/or the current year revenue projections be overestimated, these funds will be available to balance out the 2001-02 budget. Finally, staff recommended funding for $954,868 in prioritized departmental requests including distance learning labs, band instrument replacements, technology, school furniture, floor coverings, cafeteria improvements, and instructional equipment for the Engineering, Criminal Justice, and Motorsports Technology programs. These items are detailed on Attachment B. STAFF RECOMMENDATION: Staff recommends appropriation of the fiscal year 2000-01 year-end balance of $3,322,435 as outlined on Attachment B. An informational report will be forwarded to the Board of Supervisors and the funds reserved for the current economic instability ($1,388,302) will be placed in the School Capital Fund per the approved budget ordinance. At some point in the future, if the School Board determines that the reserve funds should be appropriated for non-capital expenditures, a new report will be presented for both School Board and Board of Supervisors approval. I: \Budge t\Penny\Board0l-02\ l l -15.01. doc ' SUBMITTED BY: Penny A. Hodge, CPA Director of Budget & Finance R- I Approved () Denied ( ) Received ( ) Referred ( ) To () Motion by Canada Irvin Leggette Roark Stovall No Yes Abs I:\Budget\Pcnny\Board0l-O2\11-15-Ol.doc Attachment A ~~ Roanoke County Schools Year-End Balance for FY 2000-2001 Budget 2000-2001 Year to Date Actuals Dollar Difference Percentage of Budget Revenues: State Revenue 45,403,567 45,453,191 49,624 100.11% Federal Revenue 118,972 120,238 1,266 101.06% Tuition, Rent & Interest 596,446 649,560 53,114 108.91% Miscellaneous Revenue 9,743 55,057 45,314 565.09% Transfer from County 49,197,402 49,197,402 0 100.00% Transfer from Health Reserve 263,543 263,543 0 100.00% Transfer from CPMT 525,000 525,000 0 100.00% Beginning Balance 2,475,202 2,475,202 0 100.00% Total Revenue 98,589,875 98,739,193 149,318 100.15% Expenditures: 70 School Board 85,179 85,234 (55) 100.06% 71 School Superintendent 432,341 143,878 288,463 33.28% 72 Budget & Finance 7,170,190 7,008,900 161,290 97.75% 73 Instructional Personnel 60,813,368 59,123,826 1,689,542 97.22% 74 Transportation 733,553 946,315 (212,762) 129.00% 75 Facilities & Operations 3,538,030 3,543,870 (5,840) 100.17% 76 Administrative Personnel 6,938,167 6,693,387 244,780 96.47% 77 Summer School 472,667 329,499 143,168 69.71% 78 Community Relations 18,618 15,178 3,440 81.52% 79 Instruction 518,332 481,199 37,133 92.84% 80 Deputy Superintendent 855,050 856,316 (1,266) 100.15% 81 Remediation & Testing 225,670 178,495 47,175 79.10% 82 Career & Technical Education 379,404 356,492 22,912 93.96% 83 Pupil Personnel Services 1,842,143 1,786,483 55,660 96.98% 85 Staff Development 83,601 60,762 22,839 72.68% 86 Guidance 280,040 280,950 (910) 100.32% 87 Media Services 643,400 643,986 (586) 100.09% 88 Pupil Assignment 128,976 105,072 23,904 81.47% 89 Classified Personnel 13,271,200 12,646,256 624,944 95.29% 90 Adult Education 159,946 130,660 29,286 81.69% Total Expenditures 98,589,875 95,416,758 3,173,117 96.78% Balance at June 30, 2001 0 3,322,435 iiio7i2ooi ~~ Requests for Year-End Funding Attachment B October 24, 2001 Dept Amount Priority Requested Funded Items that must be funded: Beginning balance budgeted in 2001-02 263,852 263,852 Purchase order rollover budgets 65,414 65,414 School buses 650,000 650,000 979,266 979,266 Instruction: 1 New Engineering Center equipment -ARBTC Roger Johnson 13,600 13,600 2 Upgrades to distance learning labs - GHS, NSH Jane James 74,518 74,518 3 Distance learning lab -WBHS Jane James 105,000 105,000 4 Distance learning lab -ARBTC Jane James 105,000 105,000 5 Replacement of band instruments (Gold Plan) Greg Denton 113,158 35,000 6 Work & Family studies -GMS Roger Johnson 43,000 - 7 Synergistics lab -GMS Roger Johnson 31,000 - 8 Computers -NSH business dept (20) Roger Johnson 21,000 - 9 New Criminal Justice program equipment -ARBTC Roger Johnson 9,500 9,500 10 New Motorsports Technology equipment -ARBTC Roger Johnson 11,823 11,823 11 Upgrade A/C units - RCCC (5) Roger Johnson 7,530 - 12 Storage building for new modular home project Roger Johnson 19,000 19,000 13 Replacement A/C unit for ARBTC building A Roger Johnson 8,625 - 14 Overhead garage doors -ARBTC (7) Roger Johnson 10,500 - Special Education: 1 Alphasmart word processors (8) Pat Radliffe 2,112 2,112 2 Dell laptops (2) for student loaners Pat Radliffe 3,568 3,568 Media Services: 1 Virus protection/iMac software (e-rate) Jane James 12,367 12,367 2 Classroom computers (e-rate) Jane James 40,000 40,000 3 Replacement file servers (16) Jane James 99,615 99,615 4 Replacement computers for principals (28) Jane James 42,000 42,000 5 Other media equipment requests (see list) Jane James 182,466 113,665 Facilities: 1 Renovate for distance learning lab -ARBTC Richard Flora 10,000 10,000 1 Renovate for distance learning lab -WBHS Richard Flora 10,000 10,000 2 Floor covering Richard Flora 100,000 100,000 3 Camera boxes (20) Richard Flora 3,600 3,600 4 Bus cameras (5) Richard Flora 2,000 2,000 5 School furniture Richard Flora 30,000 30,000 6 Replace 1986 Dodge work van Richard Flora 25,000 25,000 7 Radar trailer unit (speed warning) Richard Flora 3,500 3,500 8 Wheelchair tie-downs Richard Flora 5,000 5,000 9 Fuel site upgrades (leak detection @ 5 sites) Richard Flora 40,050 - 10 Raise roof in bus service bay Richard Flora 30,000 - 11 Replace 1988 Ford van Richard Flora 25,000 - 12 New 4x4 pickup with blade Richard Flora 25,000 - YE-requests.xls Requests for Year-End Funding October 24, 2001 ~-' Attachment B Dept Priori 13 Pavement roller 14 Asphalt paver School Nutrition: 1 Computers for cafeterias (24) 2 Exterior freezer & pad (WBHS) 3 Cafeteria can racks (40) Non-Capital Requests: Recruiting and mentoring supplies Computer software for Alternative School (elem) Installation/training costs for Oracle V3 Diagnostic engine software Index salary scales Other Considerations: Reserve for revenue forecast for current/next year Reserve for bus replacement schedule for next year FY 2000-01 Year-End Funding Requests Amount Requested Funded Richard Flora 31,000 - Richard Flora 39,000 - Ed Tutle 36,000 36,000 Ed Tutle 25,000 25,000 Ed Tutle 18,000 18,000 Carol Whitaker 9,000 Not Capital JoAnn Burkholder 7,000 Not Capital Pat Zirkle 15,044 Not Capital Richard Flora 945 Not Capital Tom Hall ?? 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ITEM NUMBER ~` "~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER MEETING DATE: November 13, 2001 AGENDA ITEM: Authorize the County Administrator to execute such documents as may be necessary, in a form to be approved by the County Attorney, to release Roanoke County and Advance Stores Company, Incorporated (Advance) from obligations related to the Advance Headquarters expansion project. COUNTY ADMINISTRATOR'S COMMENTS: We are pleased to have been a part in keeping the Advance Auto headquarters in the Roanoke Valley over the last two years. We obtained $700, 000 in CDBG funds, $500, 000 in Governors ' Opportunity funds, and the Board graciously authorized an additional $1 million to assist Advance. Their rapid expansion makes it difficult for them to build a new facility at this time, so its advantageous to them to lease instead. Advance is an excellent corporation and we are pleased that there are here. If there are opportunities in the future to work with them on expansions in the County will bring those back to you at that time. BACKGROUND: Roanoke County, Advance, and the Roanoke County Industrial Development Authority entered into a three party Performance Agreement dated November 24, 1999. The agreement allowed for certain incentives to be realized by Advance in return for expanding their headquarter operation on Airport Road. Roanoke County, State Governors' Opportunity Funds and State Community Development Block Grant (CDBG) Funds provided funding for the project. Roanoke County and Roanoke City entered into a separate agreement dated April 13, 2000. This agreement called for the County and City to share the cost of improving the intersections of Airport Road with Municipal Drive and Towne Square Blvd. The road projects both lie within Roanoke City. Roanoke County local match of GOF Funds and State CDBG Funds provided funding for the project. SUMMARY OF INFORMATION: Advance has notified Roanoke County by letter dated November 5, 2001 that they have decided not to expand their headquarters at the Airport Road location. Alternatively, Advance has indicated that they will be leasing R-~ space in Roanoke City to satisfy their expansion needs. Further, Advance has requested to be released from the Performance Agreement, and that Roanoke County return the Governors' Opportunity Funds to the Commonwealth with a letter stating that the project has been cancelled at the request of Advance. This will allow Advance to pursue Governors' Opportunity Funds through Roanoke City to facilitate expansion at their new City location. To date, Roanoke County has expended $54,171.59 on this project. FISCAL IMPACT: The rescinding of the Performance Agreement and County/City Agreement will release the County from granting Advance a total of $937,329.30 in appropriated funds, which were to be used for incentives related to their cancelled expansion project. Staff recommends that these funds be reappropriated to the General Fund Unappropriated Balance. STAFF RECOMMENDATION: Authorize the County Administrator to execute such documents as may be necessary, in a form to be approved by the County Attorney, to release the County and Advance Stores Company, Incorporated (Advance) from obligations related to the Advance Headquarters expansion project. This shall include the County being released from obligations related to the County/City Agreement dealing with road and drainage improvements. 2. Authorize either the reimbursement of $500,000 in Governors' Opportunity Fund monies to the Commonwealth of Virginia, or transfer the funds to the City of Roanoke as may be requested by the Commonwealth, for use by Advance to facilitate their Roanoke City expansion. 3. Reappropriate $937,329.30 to the General Fund Unappropriated Balance. 4. Release the $700,000 appropriation of CDBG Grant revenues and expenditures. 5. Request from Advance the sum of $54,171.59 to be paid to Roanoke County for reimbursement of County expenditures to date. Respectfully submitted, Doug Chittum Economic Development Director Approved by, Elmer C. Hodge County Administrator R-a, ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Absent Approved (x) Motion by: Harry C. Nickens to approve Church _ x Denied () staff recommendation as amended and Johnson _ _ x Received () underlined in paragraph #2 McNamara- x _ Referred () Minnix _ x _ To () Nickens _ x cc: File Doug Chittum, Director, Economic Development Danial Morris, Director, Finance Diane D. Hyatt, Chief Financial Officer Paul M. Mahoney, County Attorney space in Roanoke City to satisfy their expansion needs. Further, Advance has requested to be released from the Performance Agreement, and that Roanoke County return the Governors' Opportunity Funds to the Commonwealth with a letter stating that the project has been cancelled at the request of Advance. This will allow Advance to pursue Governors' Opportunity Funds through Roanoke City to facilitate expansion at their new City location. To date, Roanoke County has expended $54,171.59 on this project. FISCAL IMPACT: The rescinding of the Performance Agreement and County/City Agreement will release the County from granting Advance a total of $937,329.30 in appropriated funds, which were to be used for incentives related to their cancelled expansion project. Staff recommends that these funds be reappropriated to the General Fund Unappropriated Balance. STAFF RECOMMENDATION: Authorize the County Administrator to execute such documents as may be necessary, in a form to be approved by the County Attorney, to release the County and Advance Stores Company, Incorporated (Advance) from obligations related to the Advance Headquarters expansion project. This shall include the County being released from obligations related to the County/City Agreement dealing with road and drainage improvements. 2. Authorize the reimbursement of $500,000 in Governors' Opportunity Fund monies to the Commonwealth of Virginia. 3. Reappropriate $937,329.30 to the General Fund Unappropriated Balance. 4. Release the $700,000 appropriation of CDBG Grant revenues and expenditures. 5. Request from Advance the sum of $54,171.59 to be paid to Roanoke County for reimbursement of County expenditures to date. Respectfully submitted, Doug Chittum Economic Development Director Approved by, ~~~~~ Elmer C. Hodge County Administrator -`~ ------------------------------------------------------------------------------------------------------------------ ACTION VOTE No Yes Abs Approved () Motion by: Church Denied () Johnson _ _ Received () McNamara- _ _ Referred () Minnix _ _ To () Nickens _ _ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-8 GRANTING A SPECIAL USE PERMIT TO STEPHEN D. NASH AND RUTH E. NASH FOR A PRIVATE STABLE ON 11.71 ACRES LOCATED AT 4911 POOR MOUNTAIN ROAD (TAX MAP NO. 64.02-1 -51 ), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Stephen D. Nash and Ruth E. Nash have filed a petition for a special use permit for a private stable to be located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 6, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2001; the second reading and public hearing on this matter was held on November 13, 2001. 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 Stephen D. Nash and Ruth E. Nash for a private stable on 11.71 acres located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) 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: (1) A maximum of four horses on the 11.71 acre parcel. (2) All animal grazing areas shall have sufficient ground cover to minimize storm water run-off and erosion. (3) The area for containment of the horses shall be fenced on all sides. (4) Manure will be removed on a weekly basis. 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 #4 added, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: `rn-- cx~.~~- ~. Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Janet Scheid, Senior Planner Arnold Covey, Director, Community Development William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney Applicants Name: Stephen D, & Ruth E. Ncxsh ROANOKE COUNTY DEPARTMENT OF Special Use, Existing Zoning: R 1 y Proposed: Private Stable - - COMMUNITY DEVELOPMENT ?,~ Map No. 54.02-1-51 Magist. Dist: Catawba ma=r ~' ~ HETITIONER: Stephen D. Nash Private Stable CASE NUMBER: 34-11/2001 Planning Commission Hearing Date: November 6, 2001 Board of Supervisors Hearing Date: November 13, 2001 A. REQUEST The petition of Stephen D. and Ruth E. Nash to obtain a Special Use Permit for 11.71 acres for a private stable located at 4911 Poor Mountain Road, Catawba Magisterial District. B. CITIZEN COMMENTS Three citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the staff report. Mr. Nash explained why this property was purchased and the improvements that he has made to this point. Mr. Nash also explained that the horses would be fenced in and that the fence is being repaired at this time for containment. One citizen spoke in favor of the SUP and one spoke against the SUP. Ms. Hooker commented that property improvements are impressive and that this property is suitable for the character of the site and community. D. CONDITIONS • A Maximum of (4) four horses on the 11.71 acre parcel • All animal grazing areas shall have sufficient ground cover to minimize storm water run-off and erosion • The area for containment of the horses shall be fenced on all sides. E. COMMISSION ACTION(S) Ms. Hooker made a motion to approve the request with the conditions. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission 2 -~°= r ,. . ' STAFF REPORT Petitioner: Stephen D. Nash & Ruth E. Nash Request: Special Use Permit for Private Stable Location: 4911 Poor Mountain Road Magisterial District: Catawba Suggested 1. Maximum of (4) four horses on the 11.71 acre parcel Conditions: 2. All animal grazing areas shall have sufficient ground cover to minimize storm water runoff and erosion. 3. The area for containment of the horses shall be fenced on all sides. EXECUTIVE SUMMARY: This is a request for a Special Use Permit for 4911 Poor Mountain Road. The property is designated as Principal Industrial in the Roanoke County Community Plan, and is currently zoned R-l. This request is for a Private Stable. The SUP request involves (1) one parcel, consisting of 11.71 acres. 1. APPLICABLE REGULATIONS Private Stables are permitted in the R-1 Zoning District with a Special Use Permit. Private Stables in R-1 districts shall comply with the following requirements: 1. Minimum lot size: (2) two acres 2. On lots of less than (5) five acres, no more than one stable animal per acre shall be permitted. 3. Stables and corrals shall comply with all the setback requirements for accessory buildings. 4. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. 5. Building permit required for construction of any structures on property. 6. V-DOT has option to require modifications to existing entrance. 2. ANALYSIS OF EXISTING CONDITIONS Background -Mr. & Mrs. Nash propose a private stable for a maximum of (4) horses, though only (2) are proposed at this time. The property currently has existing facilities, which include a barn and fenced in fields and did have a horse on it at one time. The fences are currently being repaired. The petitioners have (5) five years experience maintaining horses. Other properties in the community also have horses. Natural barriers such as trees and topography between the adjoining properties exist for privacy. A well currently exists on the property, which will be used so as not to add any additional burdens to the public water supply. ..~...._ '^ Topo~raphy/Ve~Letation -Topography is slightly rolling farmland. The majority of the land is cleared and utilized for pasture. Thicker vegetation exists along the rear property line separating the property from N & W Railroad. Thick vegetation also borders the property line with 4879 Poor Mountain Road, creating a visual buffer between the properties. Surrounding Neighborhood -The surrounding neighborhood consists of R-1 zoned properties. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The site consists of an old farmhouse for a residence, a barn, and two sheds. The applicant has already began to make improvements to the property by restoring the farmhouse and is currently working on the barn. The goal of the petitioner is to restore the original charm and character to the property. Access/Traffic Circulation -Access to the site continue to be a private driveway. V-DOT has the option to reevaluate the exiting entrance in the new use. Fire & Rescue/Utilities -Fire and rescue services will continue, as they currently exist. The Roanoke County Fire and Rescue Department primarily serve the site. Utilities will continue to consist of on lot wells and septic. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The site is designated as Principal Industrial in the 1998 Community Plan. This particular use is not identified in the Community Plan ,but private stables with a special use permit are consistent with large R-1 zoned properties, which is what the property is currently zoned. 5. STAFF CONCLUSIONS This is a request for a Special Use Permit for a Private Stable. The request involves (1) one parcel, consisting of 11.71 acres on Poor Mountain Road. The site has ample space to conform to all applicable development standards. No negative impacts are anticipated. CASE NUMBER: 34-11/2001 PREPARED BY: Chris Lowe HEARING PC: November 6, 2001 BOS: November 13, 2001 DATES: 2 s- County of Roanoke For Staff Use Only Community Development Date rece ved: Planning & Zoning g j I S ~ d l 5204 Bernard Drive Application lee: P O Box 29800 ~. p o0 Roanoke, VA 24018-0798 placards issued: `~ (540) 772-2068 FAX (540) 772-2108 J>°S Case Number ~I, ~ - I 4LL ,~[PPLIC.~NTS ! _ Check type of application filed (check all that apply) Variance Rezoning Special Use '~ Applicants name,~address w/zip Stephen D. & Ruth E. Nash 4911 Poor Mountain Road Salem, VA 24153 Owner=s name,~address w/zip Owner/Applicant Property Location 4911 Poor Mountain Road Salem, VA 24153 Tax Map No.: 6402-1-51 Received by: ~M TW PC/H~?t' date: ~~ ~ lo+ -~ ~3loi BOS date: ~f 13~a1 ~ZoO ~ Phone: 540-380-4054 cell # ,540 87~(-Co3~S WoB~, rf 387- 81115 Fax No. 540-387-7121 _ Phone Fax No Magisterial District: Catawba Community Planning area: Roanoke County Existing Zoning: Rl Size ofparcel(s)• Acres• 11 71 I Existing LandU'se: None REZONP.1rG ~lND SPECIftL USE PER~VFI~T APPLICANTS (RiS) ' Proposed Zoning: Proposed Land Use: Private Stable Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? No IF NO, A VARIANCE IS REQUIRED FIIt~ Does the parcel meet the minimum criteria for the requested Use Type? es No IF NO, A VARIANCE IS REQUIRED FIRST . g q request? Yes No If rezorun re uest, are conditions being proffered rvrth s ,,. ` i _ ~ "' 'I ~~T~~RIANCE rtPPLIC.=iiVTS (U) Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: Is the application complete? Please check if enclosed. APPLICATION WIIJL NOT BE ACCEPTED IF' ANY OF THESE ITEMS ARE MISSING OR INCOMPLETE. R/S V R/S V R/S V x 8 1/2" x 11" concept plan x Application fee x Consultation proffers, if applicable x Application x Nietes and bounds description Water and se Ner a lication x Adjoining property owners x Justification N I ~ PF 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. ~~~ ~~: ~~A ~~ ~. ' ~.~L_ Owner=s Si,;nature ..= v JUSTIFIC ~TI01`~ FOR REZ01vLNG OR SPECIAL USE PERMIT REQUEST ~ / Applicant Stephen D. & Ruth E. N ommission will study rezoning and special use permit requests to determine the need and justification for the change The Planning uestions as thorou hl as ossible. Use in terms of public health, safety, and general welfare. Please answer the following q g Y P 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. The addition of this Private Stable will add to the charm of the community. There are presently ather Horses in the community and this property did have a Morse on it at one time so the facilities already exist which include a barn and fenced in fields, which I am presently repairing. The property is on 11.71 acres which is more then adequate for 2-4 horses. Our plans are to only have two horses but we are applying for 4 horses in case our plans change in the future. We have maintained Horses for the past 5 years so we know what is involved witha h eirHm ithtI~azards to the community, aintain the ~ property so it does not become unattractive or Please explain how the project conforms to the general guidelines and policies contained in the Roanoke County Community Plan. This project canforms to the general guidelines and polacies of the Roanoke Community Plan. 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. Our plans are to have two horses on the property. The property was already set up for horses when we purchased it in mid January of 2001. Since we purchased it we have been making improvements to the house and barn as well as the property itself. I intend to continue fixing up this property and it will be a very attractive and charming part of the community. There will not be any impact to the adjoining properties. There are nl maintain thesfi lds to prevent any health rel ted problems privacy. (see attached photo) We wil We have a well so there will not be any additional burdens to the public water supply. T /' JLFSTLFICATIO[~ FOR VAlu-A-i`rCT; 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. This is a rural setting. There are Geese, Chickens and Horses presently in the community. I have improved the appearance of the property while still maintaining the character and charm of the Original Farm. I am a very neat and organized person and i fully intend to keep this Stable clean and appealing, 2. The strict application of the zoning ordinance would produce undue hardship; a hardsh p that approaches co Psc P ony(as distinguished from a special privilege or convenience) and would prohibit or unreasonabl restrict the use of the ro e This Stable would not prohibit the use of this 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. There should not be any hardships that other property owners will share. 4. The variance will not be of a substantial detriment to the adjacent properties or the character of the district. This stable will have no affect on the adjoining properties. We plan on having two horses on 11.71 acres, which is more than enough room. This old farm has always been part of the community and now it will be returned to it's original charm. This property is well know by many people in this area and we have had many people stopping by and telling us how good the old place is looking. They are glad to see someone is fixing it up. Applicants Name: Stephen D, & Ruth E. Nash ROANOKE COUNTY Special Use, Existing Zoning: R 1 DEPARTMENT OF 4 proposed: Private Stable COMMUNITY DEVELOPMENT Tax Map No. 64.02-1-51 Magist. Dist: Catawba 12/]:8/00 MON 11:65 FAX 540 687 406 TMt9 i5 TO CERTIFY ih.T ,W .CTU,tL r LEG•Ei~lD PeRtnR~EU ur+oes ~rY surcRVlsrorn , ")rt3tl/N MERCnN, AHG 7}µT FMERE Ali'F ~ IRON F'IN SET FpGRSES oa FROU svaree-T PRF,YI$t: • tF20N CIN FOUND N.TtIOUT Ti-IE BENCPTT OF t mr_E pEa $fJCH. PpbPEATY Ig N. f,E.L.L OEFiNE /51161 00038b (CFFECTNC dITE:OCT, t; ~~~~J ~~Ca, J~ ~`~ 7 Ii5 PY ILPRQ4EiJ>;Mg ERHER FROY .AN~1MMC i1FN NERE0+1. T111$ $URV47 XAS ~CRFORYEO :T T4 INrCIFiWTfON ~MHIGFi tu,Y 9E 91$!^loSEO HF X UPISHMCG MN FC SEC FEU/. wW 100 O 100 2D0 x'00 ~fa~s~ ciCU~f? ~ ~ - ~ ~~t Z1~Ti'+ / L ~, - _ / __ ~ ~ - _ ~ --ply :~, f - _ N7 _~ti- ~./ _ / -1 _ __ ~ } ~ rn I ~ stn/, Gc'~; ci'' \ ~ '~ UPS ~~'~"~{~$ i-=iGL,~ ~c°-~t uy 3 ii ~ ^'p c~=;~ ~.. cn , _ ~O'~ ~ ~ a r ~ p~ ~ 1 A-_.. ~, :- 7 ~\ ~ z ~_ ~aa n1: 27 ~~ ^~ F ` HUUSc_ .1L, GRAVE :~- r ~ ~~. ~ /.~ ~v if A.g 1 1 ~~"' p7alvE` ter„ ~ fi ~F (sEE nelnu..) SHI'D ~ 5}-ZEDS 7: vl ry'~ C7 ~•v~'. _ m~ y~~ w t'~WCtL ~i V C rJ7 ~ ~ ~~_ ' -- e_~ ._~ ~1 v 20U. 7' ~`~~ 23~i0' t TO Y.~ ~• 0 O~ ~ ~~v- O(1{tTY ~ M1' - 194,>"---- BARLEY UR. - ~,- UTII_1TY G 1 --S'26. 1 6'54"E 243.1 4' ~- `ts E ,~~~.•E~ ,t ~~_~ c.;' ~ X12 rr/'jy ~~`~ ' NUMf~E gELTn ~ Rl~DIIJS ARt: TANGENT CI~IDPf7 BF/1RINC, ~C1 ~R'47~41' 296.?9 _ t?;r.63 6x,8.7 ~17,G.j34 556'47'11"F .. ~ `i? ^- ~T3~!'OS' 147,'14 12~!.T6 6~ <-•~- VOTES: ~ , ~„• _F35 7 1 8.68 .,,.8 2$' 1 ..-~~._..8 ~E~ I. OWNERS Of' RECORD: JOI-IN RUt3ERT RREwS'fFr. AND BLANOHE (~. PEONEAIJ E5TATE ?. LEGAL REFERENCE AGED BOOK 803, fSAGr 157 SuRVEY1,•OR S. Tnx MAP NUMBER: 64,02-1 V-51 ~~~ ~~ ~~ A~~~~ F. UNDERGRUUNO U~(tl..1TY SERVICE LINES > ~ ~ q )~, V ~~ / ~;+iNf~~F ~dJI~~ ~ f~J~~i'"7 ~°'~~~`'/ f•~ 49t 1 PQOR' MOUNTAIN ROAD ~,n~.~~``" O "~ 17.118 ACRES AS DESCR16ED -tom 7 .,, IN nEEU BOOK 803, PAGE 151 ~t "} ' ~r; TODD a. EVF,f:ET I i. CATAWf3l1 MAGiSTER1AL DISTRICT No. 2U01 ROANCIKE COUNTY, VIRCriNIA ~-"~~ ~~=~~*~~ Ira. 2 SURVFYI:D DEC(:M@ER 8, 2000 f~ -~- ~~ ~ .~` ,GCB ~rzoa2oe~~.oo St:ALE; 1 - 1 00' '~~*•+•-~~rs~~a'~_ TEL: 640-772 -9580 Fr~X: 5~0-772-SU50 ^r-i-CQ^w° T°"°^^°"' _ •LGNI Pi~NN>=R5 ARC!-itTECTS ~~lG#R#E~#BS 5i3~YCigS •~~~1.>< •.~d,~rT MKN 3alzeF & Assoeia{Ejs, lnc. 1208 Corporate Cirr_le f2oanoke Va. 2A07A .rl+certts .xvivcrws TJ ~~ ~;~ ~" ~ ~ ~ ~ ~ ~' ~,~~ ~.,f/ ~v ~? ti's, ~ N~ u,• ~~Ri~~ _/ ~ r -~, ~~_ . ~' >,~. . ~~ ~~J'CGT ~',~~~~"y~.:.3~,~,1~'t-1 ~vt.,~~i*-~U~.y. 2"Ii_^F~ Hurtnwer~~,C'l~etlt Siaphen PdaS"• - Prupercy ~lddre~.s 4911 ~aor 1~ount~in rcoad Cit;° Salem C~~ti,nt} l,eculer National Cirf Mortg~e s 24'`~~ Saiem State ~~1A /.ip l uue ~,•~ -°' F:~oN~r ~at~ SUBJECT PROPER"fY ~~; Tammi Wood - RE: Rezoning 4911 Poor Mountain Road . --- From: <GRPILLOW@aol.com> To: <jmurphy@co.roanoke.va.us> Date: 11 /5/01 3:46PM Subject: RE: Rezoning 4911 Poor Mountain Road Page 1 -.,..._. '~ ~,' My husband and I pass the above address frequently and, recently, saw a notice of a hearing to rezone the property for a private stable. We would like to see the occupants of 4911 Poor Mountain Road obtain the right to have a private stable. The current owners have made many improvements to the house and land at that address. Astable and horses will help to maintain the rural atmosphere of the area. We hope the Community Development Board will allow the rezoning for a private stable. Ray and Gayle Pillow 4240 Harborwood Road Salem, VA 24153-8574 GRPillow@aol.com 540/380-3027 l AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE GRANTING A SPECIAL USE PERMIT TO STEPHEN D. NASH AND RUTH E. NASH FOR A PRIVATE STABLE ON 11.71 ACRES LOCATED AT 4911 POOR MOUNTAIN ROAD (TAX MAP NO. 64.02-1-51), CATAWBA MAGISTERIAL DISTRICT WHEREAS, Stephen D. Nash and Ruth E. Nash have filed a petition for a special use permit for a private stable to be located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) in the Catawba Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this matter on November 6, 2001; and WHEREAS, the Board of Supervisors of Roanoke County, Virginia, held a first reading on this matter on October 23, 2001; the second reading and public hearing on this matter was held on November 13, 2001. 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 Stephen D. Nash and Ruth E. Nash for a private stable on 11.71 acres located at 4911 Poor Mountain Road (Tax Map No. 64.02-1-51) 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: (1) A maximum of four horses on the 11.71 acre parcel. (2) All animal grazing areas shall have sufficient ground cover to minimize storm water run-off and erosion. (3) The area for containment of the horses shall be fenced on all sides. 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, U: \WPDOCS\AGENDA\ZONING\nash.sup.stable.wpd ~_ 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\nash.sup.stable.wpd 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-9 CHANGE THE ZONING CLASSIFICATION OF APPROXIMATELY 1200 SQUARE FEET OF A TRACT OF REAL ESTATE LOCATED IN THE 3500 BLOCK OF PINEVALE ROAD, (A PORTION OF TAX MAP NO. 77.09-4-36.01) IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 RESIDENTIAL DISTRICT TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT UPON THE APPLICATION OF WINDSOR HOUSE, INC. WHEREAS, the first reading of this ordinance was held on August 28, 2001, and the second reading and public hearing were held September 25, 2001; at which time this matter was referred back to the Planning Commission for further study and review; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2001 and on November 6, 2001; 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 approximately 1200 square feet, as described herein, of a certain tract of real estate located in the 3500 block of Pinevale Road (a portion of Tax Map Number 77.09-4-36.01) in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Residential District, to the zoning classification of C-1, Office District, with conditions. 2. That this action is taken upon the application of Windsor House, Inc. 3. That said real estate is more fully described as follows: BEGINNING at the iron pin set at the northeast corner of Lot 2, proceed S. 29 deg. 1 25' 20" E. 7.00 feet; thence S. 60 deg. 25' W. 173.50 feet (approximately), parallel to the existing property line of Lot 2; thence S. 28 deg. 24' 20" E. 7.00 feet; thence N. 60 deg. 25' E. 173.50 feet to the point of beginning, containing approximately 1,211 square feet, as shown on a site plan prepared for Aesthetic Surgery of Virginia, prepared by Marasco & Associates, Inc. and dated November 13, 2001. 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 McNamara to adopt the ordinance revised to rezone only 1200 square feet according to drawing submitted, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: ~t-r .~, Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Arnold Covey, Director, Community Development Janet Scheid, Senior Planner William E. Driver, Director, Real Estate Valuation Paul M. Mahoney, County Attorney 2 ~~'~ SEhT 8Y: I~ARASCO AND ASS4C; ;~~ ~~ ,~~ ~~z r~ r~ M •! ~~ . - w a r < ~ a ~ ~; k i~ I~ fi i 3038614780; NOV-7.41 3:13PM; PAGE 2/2 "~-~~,., Y~-e-~-~ Ja~~~~ ~iLc.a.e.~.oo ~, ~- °`~ ~ ~ O ~~_ i~~L "~ .. ; , <~. ZO'd bS~9i t0, 8 ~oN ~~i ,. i 2800-9zz-ObS~~pd QW`11d~8~3g~I5 'd '3 PETITIONER: Windsor House/Dr. Silberblatt ~ , CASE NUMBER: 31-9/2001 Planning Commission Re-Hearing Date: November 6, 2001 (10/02/01) Board of Supervisors Hearing Date: November 13, 2001 (10123101) A. REQUEST The petition of Windsor House, Inc. to rezone a portion of .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District. B. CITIZEN COMMENTS 8 citizens spoke against the request. C. SUMMARY OF COMMISSION DISCUSSION Staff indicated that there was no new confirmed information. Option #3 Concept plan was included in the Planning Commission packet. The Commission discussion continued. Mr. Thomason asked about the approximate square footage of the area to be rezoned. Mr. Natt responded approximately 4000 square feet which was enough area for 10 parking spaces and the required buffer yard. Mr. Ross commented that it was a good alternative. Ms. Hooker commented on the flexibility of the applicant to work with the neighbors. Mr. Witt inquired about the applicants checking on alternatives of off-site parking. Mr. Natt responded that option was not possible. The Commission discussed the width of the buffer yard under current zoning ordinance and the proposed ordinance (Screening, Landscaping and Buffering). D. CONDITIONS • The Plan will be in substantial conformance with the concept plan Option #3 (undated) to allow 10 parking spaces and either 15 foot or 20 foot of required buffer yard. Mr. Ed Natt will supply the written & signed proffer and concept plan for the record prior to the November 13, 2001 BOS Public Hearing. E. COMMISSION ACTION(S) Mr. Thomason made a motion to approve the request with the proffered condition. Motion carried 5-0. F. G DISSENTING PERSPECTIVE None. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission STAFF REPORT Petitioner: Windsor House Inc. ?= .~. Request: Rezoning from R-1 to C-lconditional to permit parking expansion for a medical office Location: 3500 block of Pinevale Road (77.09-4-36.1) Magisterial District: Windsor Hills Proffered Conditions: 1. The subject property will be used solely for parking purposes in conjunction with the medical office use on Tax Parce177.09-4-36. 2. The parking plan will be in substantial conformity with the site plan identified as Option # 2 and dated August 14, 2001, using the entrance, as approved by VDOT, in the existing location. EXECUTIVE SUMMARY: Windsor House Inc. is requesting a rezoning from R-1 to C-1 conditional for a proposed parking area to only serve the medical office on the adjoining C-1 zoned parcel. The access to the proposed parking area would be from an existing entrance on Pinevale Road near the intersection of Brambleton Avenue. The subject parcel is designated Neighborhood Conservation and the proposed rezoning is generally in conformance with the 1998 Roanoke County Community Plan. The applicant has revised the original concept plan to minimize adverse impacts on the surrounding neighborhood by removing a proposed entrance on Pinevale Road and by adding additional screening near the northeast corner. Staff supports the proposed rezoning with the proffered conditions. 1. APPLICABLE REGULATIONS The existing medical office use at 3505 Brambleton Avenue is zoned C-l. The proposed expansion of this medical office use will require additional parking. The existing medical facility is approximately 3148 square feet with a 4993 square foot expansion proposed. In order to make the existing and proposed addition conform to current zoning regulations a total of 41 parking spaces would be required. The subject property is zoned R-l. In order to construct a parking lot to serve the medical office the subject property must also be zoned commercial. The parking requirements for a medical office are: 7 spaces per practitioner, or 1 space per 200 square feet, whichever is greater. For a new or reconfigured parking area the Roanoke County Zoning Ordinance requires a planting strip with a minimum width of six (6) feet between the parking area and adjacent right- of-way. Within the planting strip shall be one (1) large deciduous, large evergreen or small deciduous tree planted every 301inear feet as well as one (1) evergreen shrub every five (5) linear feet. A Type "C" screening and buffer yard is required between a C-1 and R-1 zoning. There are two options of the Type "C" requirements permitted. Option 1 requires a 6' screening fence and a 15- footbuffer yard. Option 2 requires a 25-foot buffer yard with small evergreen trees, 5 feet at time of planting; 1 tree per 151inear feet of buffer yard and 18" shrubs, 5 feet on center or less. Site plan review shall be required to insure compliance with all development standards including stormwater management. / "~- ~~- VDOT shall require a commercial entrance permit for any new or modified entrance or for a Ne~ change of use. 2. ANALYSIS OF EXISTING CONDITIONS Topo~raph~Ve~etation -The parcel is wooded with mature hardwood trees with some light undergrowth. The elevation of the parcel is highest along the southern side and gradually declines to the north. Surroundin~Nei~hborhood -The frontage parcels on the Brambleton Avenue corridor in this area have a Transition designation and the parcels to the rear of the Transition parcels are designated as Neighborhood Conservation in the 1998 Roanoke County Community Plan. The adjoining parcel to the northwest is zoned R-1 as well as the residential properties across Pinevale Road from the subject property. The medical office to the south is zoned C-1 with most of the frontage parcels on the north side of Brambleton Avenue, in this area, retaining a C-2 zoning. The Brambleton Corporate Center across Pinevale Road is zoned C-2 with the related parking extending deeper in to the neighborhood due to the shape of the lot. 3. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The applicant has provided a concept plan that provides more than the minimum required screening between the proposed parking lot and the adjoining residential structure on Pinevale Road. No new access from the northern side of Pinevale Road is proposed. Access/Traffic Circulation -Access to the proposed parking lot is from the existing Pinevale Road entrance on the adjoining lot that serves the medical office. There is an existing entrance from Brambleton Avenue to the medical office. The estimated traffic count on Pinevale Road is 1440 vehicles per day between Brambleton Avenue and Lawndale Road. The estimated traffic count is 1100 on Pinevale Road from Lawndale Road to Garst Mill Road. As a comparison, Willetta Drive, which becomes Fleetwood Avenue (St. Rt. 1615) is parallel to Pinevale Road to the north and has an estimated daily traffic count of 1300 vehicles per day. Garst Mill Road at the intersection with Pinevale Road has an estimated 8900 vehicles per day. The estimated traffic count on Brambleton Avenue from Electric Road to the Roanoke City Limits is approximately 16,000 vehicles per day. The posted speed limit on Pinevale Road is 25 mph. VDOT has indicated that traffic generation information may be needed at time of site plan review to determine if additional turning lane will be required. Fire & Rescue/Utilities -Public water and sewer currently serve the medical office. Fire and rescue services will continue as presently served. 4. CONFORMANCE WITH ROANOKE COUNTY COMMUNITY PLAN The subject property is designated as Neighborhood Conservation in the 1998 Roanoke County Community Plan. This designation is the future land use area where established single-family neighborhoods are delineated and the conservation of the existing development pattern is encouraged. The encouraged land use types include single-family residential, neighborhood institutional centers such as schools, religious assembly facilities, recreational and park areas and community meeting areas. Neighborhood commercial is encouraged with low impact services. 2 ..r..,• A County of Roanoke Community Development Planning & Zoning 5204 Bernard Drive P 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (~40) 772-2108 ALL APPLICANTS ' ' Check type of application filed (check all that apply) 4~ Rezoning O Special Use ~ Variance • and A. Natt, 3912 Electric Road, Roanoke, VA 24018 725_8180 Applicants name/address w/zip Phone• Windsor House, Inc. Fax No. 772-0126 CONTACT: Edward A. Natt, 3912 Electric Road, Roanok~ VA 24018 725-8180 Owner sname/address w/zip one: Windsor House, Inc. Fax No. 772-0126 Property Location Q r ~,~~~,~~~=~,.r,~ ;`.a. Ma~iste.ial District: ~e--Spr-i-tag ~/'_ ' ,_ • ~~ i d P i neva 1 e Road Community Planning area: ~~- 5 - p !, ~ " ~~ r Tax Map No.: 077 .09-04-36.01 Existing Zoning: R1 Size of parcel(s): Acres: 0 .398 acre Existing Land Use: Vacant • R,EEO.VING f11.VD SPECIAL. USE PER~'~IIT .-LPPLICANTS (P.LS) _ Proposed Zoning: C7 Proposed Land Use: Ex ans i on of med i ca I clinic and related ark i Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No ~ IF NO, A VARIANCE IS REQUIlZEL FIRST. Does the parcel meet the minimum cr.'teria for the requested Use Type? Yes ~ No ~ IF NO, A VARIANCE IS REQUIRED FIRST If rezoning request, are conditions being proffered with this request? Yes ~ No ~ VARIf1VCE ~1PPLICAtVTS (~) Variance of Section(s) of the Roanoke County Zoning Ordinance in order to: ~'r,r Cr~ff TTca Only Date received: 7/ab~o! Received by: -rw Aoplicado^ fee: o o ~ 977 PClBZA dace: ~ l41 ° '~ Placards issued: ~ BOS datz: 9 laslo i Case `lumber 3/' q'7.~ 0 1 ~' Is the application complete? Please check if enclosed. APPLICATION WILL NOT BE ACCEPTED IF ANY OF THESE ITEMS ARE I~IISS~tG OR Pi ICOIYIPLETE. ~ V V R,~ V X ~ Consultation X 8 1/2" x 11" concept plan X Application fee ~ Application X Metes and bounds description X 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. ~I l (~p~ E, INC. By : Owners Signature Its ~ P~YCi,~~2r~~' JUSTFICATION FOR REZONING OR SPECIAL USE PERIYIIT REQUEST Applicant WINDSOR HOUSE, INC. • ,~.,~, 'he 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 •~Nell as the purpose found at the beginning of the applicable zoning district classification in the Zoning Ordinance. The purposes of the Zoning Ordinance will be furthered in that the rezoning request will allow for the expansion of an existing medical office facility. The medical office is a compatible use in the area and the use of the subject property for parking in connection therewith will have no negative impact on the adjoining properties. Please explain how the project conforms to [he general guidelines and policies contained in the Roanoke County Commurury Plan. The proposed project conforms to the guidelines and policies contained in the Community Plan in that it allows a use existing between commercial and residential properties to be used in a manner that is not objectionable to the single-family residential properties in the area. Adequate screening and buffering from the parking will be in place. There will be no additional demand for services as a result of the use of the subject property for parking. 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. There will be no impacts on any of the items set out above as the result of the rezoning. a.:,i0s ~~ .. '..r «~"_,..~ w tie~ai i g~` AUG-15-E0~1 ©~~01 OSTEFHOUDT PRIL~AP9AN NATT WINDSOR HOUSE DR. SILBERBLATT 15477 ~ 4FJ961 P . p4~'~c 4 '~~ i ~~' ~; ~; _.~ ,~ -'7 f~ f~ b ~ r ~~~ ~' ~~,`` p. ~ ~~ .,.s, rosc+n• c° y ti 323 ~ ~ 319 ~ 3 ~ O ~ ~ 0 13. °' ~ 3235 ~°, 319 ~ 2 107 106 106 ~ ~ ,q _2 'Z~ ~ B ~ 14_1 ~, ~ 106 ~ ° 1~. N 15. A-~ 0 "' 14. 352 ~ 3513 35 ~ 7 ,~ 107.7 106.7 ' 106.7 ~neVa~e Ra, 80.52 80.52 ~C ~~ ~6 ~~ `~ 33. 3516 s ~ 3~".1 _ 3 4 . ~~ ~ 250 ~ ~o ~ ~~~` `. N N ~s 3522 2 ~~ 3 ~ ~~~ ~ 8.4 W7 , W-2 ~ 6'~~~ ~,-.,,- 2.03 _ ~r Ts 1 NORTH j~'~ ~~ ~, ROANOKE COUNTY Applicants Name: iPindsor House, Inc. DEPARTMENT OF Zoning: Existing R1, Proposed C1 COMMUNITY DEVELOPMENT Tax Map No. 77.09-4-36.01 ALJG-^©-?0D1 1L ~ 4~ OSTERHOUDT FR I LLAMAhI NATT 1~4G~7740951 F. ©;;-'`~::, ~ ~` l3RCii'i'plt~ Address of Subject Proyerty: Tax Map No.: A~iican4's Name: 0 Pinevale Road Intersection of Pinevale Road and Lawndale Road Cave Spring Magisterial District Roanoke County 77.09-04-36.01 Windsor House, Inc. PRC?~FE1EtS_ The undersigned owner does hereby proffer the following conditions in conjunction with the rezoning request: 1. That the subject property will be used solely for parking purposes in conjunction with the medical office use on Tax Parcel 77.09-04-36. 2. That the parking plan will be in substantial conformi~f with the site plan identified as Option #2 and dated August 14, 2001, using the entr~arce, ~ approved by 'VDOT, in tre existing location. `WINJQSQR HOUSE, B3~ ' ITS •- ~VOLI,S`~SYS~~~~UserslCBaumgurdneriZOMN4\silberblxtt•W+ndcpr House PRUFFfiILS.doc TOTAL P.03 F. A. ~ILBERBLATT , MD Fax :540-77r-00 ~~ Or_t ?3 'O1 y :49 F'. t?L ,' Y+ ., O~ ~ 3>~' \\ ,, ~_. } .~ V+ mV_ ~ F (x~ -wT- V + F ~w O ~[ ~~ s t ~~ n ,q m n ,r .o ~+D{ m~~~ Z~ryF ~ ~~ ~ J x~iz9( I'!zoono { ILL i~~~ ~~{_ ~~~~ -~ .1/ r: r ~'^' rek• LEGAL DESCRIPTION Address of Subiect Property: 0 Pinevale Road Intersection of Pinevale Road and Lawndale Road Cave Spring Magisterial District Roanoke County ` Tax Map No.: 77.09-04-36.01 Applicant's Name: Windsor House, Inc. METES AND BOUNDS BEGINNING at a point on the westerly side of Pinevale Road at the northeast corner of Lot 2, containing 0.650 acre (Tax No. 77.09-04-36); thence leaving Pinevale Road S. 60° 25' 00" W. 173.50 feet to a point; thence N. 28° 24' 20" W. 25.00 feet to a point; thence N. 20° 47' 45" W. 145.46 feet to a point on the southerly line of Pinevale Road; thence with the same S. 77° 26' 19" E. 203.46 feet to a point on the westerly side of Pinevale Road; thence S. 29° 25' 20" E. 32.23 feet to the point and place of BEGINNIlVG, and containing 0.398 acre, and being designated-as Lot 1 (Tax Map No. 77.09-04-36.1) on "Topographic Stuvey Made for Windsor House, Inc. of Lots 1 and 2, Dell F. Critcher and Floyd T. Critcher Subdivision (Plat Book 15, Page 123), prepared by- David A. Bess, L.L.C. under date of July 19, 2001. \UOLLY\SYS\otnak\Users\CBaumgardner\ZONING\Silberblatt-Windsor House LEGAL.doc ---.~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, NOVEMBER 13, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF A 0.898-ACRE TRACT OF REAL ESTATE LOCATED IN THE 3500 BLOCK OF PINEVALE ROAD, (TAX MAP NO. 77.09-4-36.01 IN THE CAVE SPRING MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF R-1 RESIDENTIAL DISTRICT TO THE ZONING CLASSIFICATION OF C-1 OFFICE DISTRICT WITH CONDITIONS UPON THE APPLICATION OF WINDSOR HOUSE, INC. WHEREAS, the first reading of this ordinance was held on August 28, 2001, and the second reading and public hearing were held September 25, 2001; at which time this matter was referred back to the Planning Commission for further study and review; and WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on September 4, 2001 and on November 6, 2001; 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 0.398 acres, as described herein, and located in the 3500 block of Pinevale Road (Tax Map Number 77.09-4- 36.01 in the Cave Spring Magisterial District, is hereby changed from the zoning classification of R-1, Residential District, to the zoning classification of C-1, Office District, with conditions. 2. That this action is taken upon the application of Windsor House, Inc. 3. That the owner of the property has voluntarily proffered in writing the following condition which the Board of Supervisors of Roanoke County, Virginia, hereby accepts: (1) [Edward A. Natt, Esq., attorney for the Petitioners, claims he will supply the written and signed proffer and concept plan for the record prior to the 1 ..~ ~. November 13, 2001, meeting of the Board of Supervisors.] 4. That said real estate is more fully described as follows: BEGINNING at a point on the westerly side of Pinevale Road at the northeast corner of Lot 2, containing 0.650 acre (Tax No. 77.09-04-36); thence leaving Pinevale Road S. 60° 25' 00" W. 173.50 feet to a point; thence N. 28° 24' 20" W. 25.00 feet to a point; thence N. 20° 47' 45" W. 145.46 feet to a point on the southerly line of Pinevale Road; thence with the same S. 77° 26' 19" E. 203.46 feet to a point on the westerly side of Pinevale Road; thence S. 29° 25' 20" E. 32.23 feet to the point and place of BEGINNING, and containing 0.398 acre, and being designated as Lot 1 (Tax Map No. 77.09-04-36.1) on "Topographic Survey Made for Windsor House, Inc. of Lots 1 and 2", Dell F. Critcher and Floyd T. Critcher Subdivision (Plat Book 15, Page 123), prepared by David A. Bess, L.L.C. under date of July 19, 2001. 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. G:\ATTORNEY\PMM\AGENDA\windsor house rezone.ord 2 AGENDA ITEM NO. APPEARANCE REQUEST / PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~~ ~ S v ~- ~ ~ ~S ~~ I would like the Chairman of the Board of Supervisors to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, / 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: ~/~~ ~ ADDRESS: ~ ~ 3 ~ ~~/~-~'~~ ~ C~ ~~ ~w PHONE: ~~ ~ ~ ~U~ AGENDA ITEM NO. ~' '~" APPEARANCE REQUEST ~, - ~, PUBLIC HEARING ORDINANCE CITIZEN COMMENTS SUBJECT: ~' ~._-~ ~y -> z <-- 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 G[//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: ~ ~/~ i ~ ~` cl ~~ ~r' ~Q~ .~ ADDRESS: ~~ ~~~ ~ ~Q~c~~ ~~ l~~ oI. _>, CCU PHONE: ~ 7 ~ ~ /~ ~ ~ AGENDA ITEM NO. % =.2,~ 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 Gl1/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: ~ `,~'`~ ~~ `f ~ti'~~ ~~ ~l ~ ;!~ ~. M I _ ~.. ADDRESS: ;~;>' ,~ ~ > ~. ~ ~V ~-_ .~,;~1. ~ ,~ ~; __- i ~ ~, ~'~~ -c PHONE: _ ~ µ' ~~ ~' ~ ~~ Z Z- of P0P'"0'~F` AGENDA ITEM NO. ~'"2 ~. Z Z ov 'a ,838 APPEARANCE REQUEST PUBLIC HEARING ORDINANCE CITIZEN COMMENTS ~... ~,~ ;-~ e ~;~~ r~ i~~c(~ , SUBJECT: -~' ~4 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 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: C= c..._-: ,~ r-. ~-1 ~~ ~ .:_ C.C= ADDRESS: ~ 5 ~~ `i T' r~ r ~ c= ~ ~~~ ~- ;~ ~I PHONE: ~ 1 ~~ - ,,~ ~~ r,_~ _ . o~ QOANO~F` AGENDA ITEM NO.~-Z ~~ Z z ov ~ a ,S3a APPEARANCE REQUEST ~' PUBLIC HEARING ORDINANCE CITIZEN COMMENTS __ SUBJECT: ~_ _1 ,t_ `- ~~~ -~ ~ -~ ~_ 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 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: - ~ C.~ /'~ ~~~ ~ ~ ~ ~ ~; ~~ ;- c- -~ ,-- I ADDRESS: ,=> . ~' ~ ~ ! 1~ ~ f~ ~_ ~~~ ~ ~ ~~ PHONE: /\ L1 ~~~1,' ~i (~-~ ~,~ ~ l ~~ C? 1 ~ AGENDA ITEM NO. ~' ~--- 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 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: ADDRESS: ~ ~ ~~ ~".~ PHONE: ~~7~ - C> C / ~~ Roanoke County Department of Community Development P.0.29800 ` Roanoke, VA 24018 PL NIN APP R~ T- „~ AGENDA ITEM NO. LION EST 1'd like fo welcome you to the monthly meeting of the Roanoke County Planning Commission (PC). The PC is an advisory body, appointed by the Board Of Supervisors, to provide advice and recommendations to the Board on many issues pertaining to land use and development policies. Our meetings are open to the public and we invite your comments. We do not generally limit the time that each cifizen may speak. However, if a large number of citizens wish to speak on an issue, we ask only that you not be repetitive, and that your comments provide new and additional perspectives to the Commission. Please complete the bottom of this form so that 1 may properly recognize you at the appropriate agenda item. Al Thomason, Chairman SUBJECT: ,; ~; I would like the Chairman of the Planning Commission to recognize me during the meeting on the above matter so that I may comment. WHEN CALLED TO THE LECTERN, I WILL GIVE MY NAME AND ADDRESS FOR THE RECORD. 1 AGREE TO ABIDE BY THE GUIDELINES LISTED BELOW. • 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 Planning Commission. Debate between a recognized speaker, audience members and staff 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 Secretary of the Planning Commission. PLEASE PRINT LEGIBLY AND GIVE TO THE PLANNING COMMISSION SECRETARY: NAME: <<..J , ~~„~ C ~~ ~-` ,-~? ADDRESS: 3 3~ ~ ~ ~~~ ~ ? ~` ~ ` /11 /1/I\/IV /1//r A1/1/IV IV N1V NIV /y /~//1//1/q/IV /~//V /Y /1/q/q/IV PUBLIC _HEARING ~'~ CITIZEN COMMENTS .' ,~ ? ~ / ~ ,1 ~ , , ~ ~ _~ J c, fi 1. ~ ~> ~;~~f~~ S / ~~.i' PHONE: . ,. ~, ~ c ? `~ ;%~ AGENDA ITEM NO. ~+ Z 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 Gl1/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: ~/~ 1C~~~~~~ ADDRESS: -3~~G Y'i2eVCt-~e, ~~~1~ ~CLYJ~.~ ~ , PHONE: ~ ~4! ~ ~~~ F KUM HH I LE_LRNDSCHh"~_~ t511~N . I- HX N0. : 540 °51-4877 Nov. 13 2001 07: 4pPM P1 / "' ..~_ SCAPE "~ GN INC. P.O. Box 25 Blacksburg, Virginia 24063 (540) 951-8733 (540) 951-4877 www.hailescapes.com Date: 11/12/01 Attn. Janet Scheid Senior Planner Roanoke County Janet per our conversation Monday morning I am requesting one £:nal extension on the Saul Farm Property golf course rezoning. As you l,~low financing for this project has been difficult. In recent weeks the one owner of the property (Mr. Nunley) has expressed a pos51`ble interest in developing the golf course with myself. Because he has not been in the shceme of things until just now I am requesting this one. final extension. $y December I will low for sure if Mr. Nunley or anyone else for that matter is going to help finance the Saul Farm golf course project. Thank you for your consideration of this matter. If yo u need to reach me tomorrow you may do so by phone (641-0764). Regards, , ~~ ~~ Nathaniel C. Hale 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: November 13, 2001 AGENDA ITEM: Second reading of ordinance to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 118 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District, upon the petition of Nathaniel C. Haile. COUNTY ADMINISTRATOR'S COMMENTS: SUMMARY OF INFORMATION: This petition was originally scheduled to be considered on July 24, 2001. At a work session on July 10, 2001, the Board referred the request back to the Planning Commission. The item was continued by the Planning Commission at their meeting on September 4, 2001. The petition was rescheduled to be heard on September 25, 2001 and the petitioner requested a continuance until October 23, 2001. On October 18, 2001, the petitioner again requested a continuance to this meeting. -------------------------------------------------------------------------------------------------------- ACTION VOTE Abs Approved ( ) Denied ( ) Received ( ) Referred ( ) To ( ) Motion by: No. Yes Church _ _ Johnson _ _ _ McNamara_ _ _ Minnix _ _ _ Nickens cc: File ' 'ROM ~. HAILE_L•ANDSCAPE_DESIGN FAX N0. 540 951-4877 ~ - E SCOPE .. GN INC. P.O. Ilox 25 Blacksburg, Virginia 24063 (540} 951-8 733 (540) 951-4877 www.haitescapes.com To: Janet Scheid Date: 10/18/01 Janet T spoke with Jeff Owens yesterday and he was still working on a group of investors. l would hlce to request an extension for the rezoning of the Saul Farm property to the moIIth of November. If I need to attend the meeting next Tuesday evening to ask for the extension in persfln please let me know. Sorry for the delay, I'm doing everything I can to make the project a reality. Regards, / , ~ c~ Nathaniel Haile Oct. 19 2001 12:24PM P2 - f~"'`, ~~ • PETITIONER: Pitzer Road Golf Course CASE NUMBER: 30-8/2001 Planning Commission Hearing Date: July 3, 2001 Planning Commission Hearing Date: September 4, 2001 Board of Supervisors Hearing Date: November 13, 2001 A. REQUEST The Petition of Nathaniel C. Haile to obtain a Special Use Permit to develop a golf course on 364 acres and rezone 116 acres from AG-3, Agricultural to AR, Agricultural Residential, located at 3608 Pitzer Road, SE, Vinton Magisterial District. B. CITIZEN COMMENTS None. C. SUMMARY OF COMMISSION DISCUSSION Ms. Janet Scheid presented the staff report. Mr. Robinson discussed minimum house sizes with the petitioner. Petitioner stated that he was still working on securing financing for the project. D. CONDITIONS Special Use Permit: _~.__. r- 1. The Jack Nicholas designers or an equal or greater quality designer shall design the golf course. 2. The fertilizer used shall minimize the effect on ground water pollution. Proffer: 1. Minimum house sizes: Ranch - 1,800 square feet, 2-story - 2,400 square feet E. COMMISSION ACTION(S) Mr. Kyle Robinson made a motion to approve the Special Use Permit with the conditions. Motion carried 5-0. Mr. Kyle Robinson made a motion to approve the rezoning request with the proffered condition. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission FROM~:•HAIL•E_LANDSCAPE_DESIGN rAY. N0: 54® 951-4877 Sep. 15 20x1 05:41PM P1 ~~ l~Ki1`r1'Cf'C; niici f~ivau vyie VVUCaC ?`~~1 G~r•~l~l7~~~. r?vuu \/intnn 11A9nie{nriMt R3S~^ci ..~... TaY tUF~rn, t(17Q•~5~i_M14~1'I S~eci~l Use Permit: 1. The JACK NiChr~lBs d®sianers or an eaua! or greater att~lity dssicnPr sha1~ design the golf Course. 2_ The ferbi~z8r used shall minimize the erect on ground water pQlli~tiran_ Proffer: ~. Mir-i:nvm navse sizes: Ranch - 1,800 square feet. 2-scary - 2,404 s~juarE `e8`_. .~iytiai~ie ~ Ue~Te _ ,~ P~sc•1!'' pax -soee _ . ~s7i ~~ / y ~ a.~:e~ 1 I i7~ ~' f~ ~ - --- - - ~+-rv.. ivtJOo iJ !'tr.: i ~~~~ ~~~ IC.~. 40 l.y(Yi rii r-- mils ~a.-a,v\ -fSa~+1~~ 7S~• ~~~p ~ 7~w~ .~ ~ STAFF REPORT PETITIONER: Nathaniel C. Haile CASE NUMBER: 30-8/2001 PREPARED BY: Chris Lowe DATE: 730/2001 PARTI A. EXECUTIVE SUMMARY .~r~~ 44~~ ~„.. ~ - This is a request for a Special Use Permit and a request for Rezoning from AG-3 to AR. These requests are for the construction and operation of a golf course and a residential community. The SUP request involves (6) six parcels, consisting of 364 acres on Pitzer Road. The rezoning request is for approximately 118 acres of the 364 acres. The property is designated as Rural Preserve in the Roanoke County Community Plan. The Golf Course is consistent with the Rural Preserve designation in the proposed location. The applicant's request for rezoning of AG-3 property to AR, could be consistent with Rural Preserve guidelines depending on site design and open space preservation. B. DESCRIPTION Mr. Nathaniel C. Haile proposes asemi-private (membership available/open to the public) 18- hole golf course at 3608 Pitzer Road, SE, Vinton Magisterial District. Mr. Haile's conceptual plan shows an 18-hole golf course with a clubhouse area and conceptual road layouts with areas designated for housing. The number of lots, size of lots, or the type of housing is not shown on the conceptual plan. The proposed development will span both sides of Pitzer Road. Mr. Haile indicated that an underground culvert would be utilized for crossing Pitzer Road. This will require approval from the (VDOT) Virginia Department of Transportation. C. APPLICABLE REGULATIONS Golf Courses are permitted in the AR Zoning District with a Special Use Permit. Minimum lot sizes permitted in the AR Zoning District: Lots served by private well and sewage disposal system shall be one (1) acre. Lots served with either public sewer or water, shall be a minimum 30,000 sq. ft. Lots served with both public sewer and water, shall be a minimum 25,000 sq. ft. Site plan review will be required. VDOT approval is required for a commercial entrance permit. VDOT approval is required for pedestrian crossing of state road. Well and septic permits will need to be approved by the Virginia Department of Health/Roanoke County Health Department. T~ PART II A. ANALYSIS OF EXISTING CONDITIONS Location -The property is located at 3608 Pitzer Road, SE, Vinton Magisterial District. Topo~raph~/Ve etation -Topography slopes down to the north of Pitzer Road, and then slightly levels out near Horseshoe Branch. A wetlands area follows along parts of the stream. Topography then begins an upward slope, which continues to the rear tree line. The majority of the land on the north side of Pitzer Road is cleared and utilized for pasture or corn crop. Thicker vegetation exists along the stream. The existing drive serving the farm is a rough tractor path. The area to the south of Pitzer Road contains a brick silo, and (3) barns, which are utilized for equipment storage and cattle. On the conceptual plan, tee boxes for hole 10, and a green for hole 15 occupy this area. The topography slopes very gently down from Pitzer Road. The topography then rises steeply to the rear property line. This side of Pitzer Road is also a majority of pasture with some spots of mature trees. Surrounding Neighborhood -The surrounding neighborhood consists of AG-3 and AR zoned properties. Properties consist of either residences or the land is utilized for farming. To the west of the proposed golf course is the Blue Ridge Parkway and residences on lots ranging from 4-6 acres. The lots to the south or rear of the site are large acreage parcels, some with residences. To the east of the proposed golf course are residences on approximately 1-acre lots. To the north of the proposed golf course are undeveloped properties consisting of mature woodland. B. ANALYSIS OF PROPOSED DEVELOPMENT Site Layout/Architecture -The basic conceptual plan provided by the applicant shows the location of the tees, fairways, proposed clubhouse area, roads, and potential areas for homes situated on approximately 364 acres. The conceptual plans are deficient in several areas. There is no reference to architectural design or size of the clubhouse or homes. A parking area is not shown. The minimum-parking requirement just for the golf course, according to the zoning ordinance, is 50 parking spaces, and additional spaces may be required for additional uses (retail sales at the clubhouse, etc.). A stormwater management area will be required with a project of this magnitude, but is not reflected on the conceptual plan. In addition, with the streams that merge on the property, a flood study may be required prior to any final plans for building placement. The layout of roads and homes is very preliminary and conceptual. Final decisions regarding lot sizes, home types, home sizes and number of homes have not been made at this time. I-73 -The applicant has been fully disclosed, of information Roanoke County staff has concerning I-73. The applicant has received maps with the proposed corridor on the farm property. The applicant wishes to proceed so that they can utilize the property until the time comes for the construction of I-73. The proposed corridor contains approximately 12.40 acres of the proposed golf course. w~r% .. ~ ,,.,, Blue Ridge Parkway -The United States Department of the Interior believes that the proposed golf course will not be visible from the Parkway. However, they have expressed concern about the views to the proposed housing areas from the Parkway. The Parkway Resource Planning staff has asked for close coordination among Roanoke County, the developer, and Parkway Resource Planning staff to ensure that the scenic quality of this view area is not compromised. Access -Access to the site would be a new entrance along Pitzer Road. The entrance would need to be designed to meet the commercial entrance standards of VDOT. The latest VDOT traffic counts for Pitzer Road at this location is 800 VPD. The site development standards will require a (20) twenty-foot minimum width driveway from the commercial entrance to the parking lot. The minimum-parking standard for a golf course is 50 spaces. Both the access drive and the parking area shall be required to meet a Category I surface (pavement) in accordance with the standards in the Public Street and Parking Design Standards and Specifications. Proposed Operations Plan-A business plan was not filed as part of the Special Use Permit application. In discussions with staff, the applicant did not indicate whether the proposed golf course operation would be seasonal or year round; unsure of hours of operation; undefined size or appearance of the clubhouse; or if there would be any other uses associated with the clubhouse, such as retail sales or food service. Membership would initially be semi-private, which allows for membership purchases as well as public use. Fire & Rescue/IJtilities -Fire and rescue services will continue, as they currently exist. The Mount Pleasant Fire and Rescue Station primarily serves the site. Utilities will consist of on lot wells and septic. C. CONFORMANCE WITH COUNTY COMMUNITY PLAN The site is designated as Rural Preserve in the 1998 Community Plan. In Chapter 6, Parks and Outdoor Recreation Facilities definition states as follows: Large regional parks and other recreation facilities that are designed to preserve environmentally sensitive lands and protect them from more intense land uses. The proposed golf course falls under this definition and is consistent with the Community Plan. The conformance of the proposed residential community will depend on lot size and site density. The Community Plan encourages the clustering of homes in Rural Preserve areas to preserve open space and other natural resources. 3 ~~ ~' PART III A. STAFF CONCLUSIONS This is a request for a Rezoning of approximately 118 acres of AG-3 to AR and a Special Use Permit for the construction and operation of a golf course. The request involves (6) six parcels, consisting of 364 acres on Pitzer Road. The property is designated as Rural Preserve in the Roanoke County Community Plan. The petitioners' request for a Special Use Permit for a golf course is consistent with the policies and guidelines of the 1998 Roanoke County Community Plan. The applicant's request for rezoning of AG-3 property to AR, could be consistent with the Rural Preserve Designation in the Roanoke County Community Plan if site design includes open space preservation. The site has ample space to conform to all applicable development standards. No negative impacts are anticipated. 4 FROM HA ILE_LANDSCAPE_DESIGN FAX N0. 540 951-4577 County Of~Rc,~anoke For Staff t,'sc Onl Cornmuniry Devclo tnent p here re~ewe~: Planning & Zoning ~ r13 ~ ~ I ,. ,, ,, . .-. - '~PPIicUiun fcc. Dt~ve l' 0 Box 29800 Roanoke, VA 24018-0798 (540) 772-2068 FAX (640) 772-2108 Placsrdsis5ucd; Ju 1. 13 ~~ ~, RcccivcA bv: ficv C ~ PCJR7_A dzlc: ~17Iai BOS d t ; ~~2glal Case Number ?j0 - g ~ Z 00) ALL APPLICANTS j _ , C eck type of application Eile (check all that appiyl Rezoning Special Use L Variance Applicants nameladdress w!zip ~,i` ~ Vic; :,~ti) Phone: "^ - ° J Work: 1c ? =~?~/-.-~' 7?~ Cell #: .S`~f? -.~-~~-~,-~ti-~ Fax No.: ~~ -P l~ ~ 7 Owner's name!add ess w/zip N ~ ~ SSOC ' Phone #: j~ONAI-f0 C-~ ~2ENf~ASAUL ~e.00tCS 3~~43 P~ TZEQ ~ p r 5 ~ Fax No, ~: AtUOXF VA 2yUl~{ Property Location (~ ~ Magisterial District: U 1 N TO-J 35 ofl ~.OG1C ~ ( i T2 El2 tC ~ Community PIS-ruing area: M PUNT ~h ~AS~~'U?' Tax MapNo..-] B4-.~,- e~ tt -o tO.ot -1 q . t5 0 _ C ~ O.02 Existing Zoning: /.~ (~ ~ A G - 3 Sizeofparccl(s):Acres: 3(0~ A~, Existingl,andl)sc: AG2ICULTtJ2~ REZONING A!VD SPECIAL USE PEX MIT APPLICANTS (R/S) Proposed Zoning: 3(9y I~C~FS- SvP F012Got..~' C01~25+c ~ (rOLFCOU ProposedtandUse: i 1 Q ACr2E5 - /dt G-3 =~ A (~ R ~ZOIUI n~G S;t: Does the parcel meet the minimum lot area, width, and frontage requirements of the requested district? Yes ~ No E IF \'O, A V.gRTANCE IS REQUIRED E1RST. Does the parcel meet the minimum criteria for the requested Use Type? Yes No IF NO, A VARIANCE 1S REQUIRED FIRST if rezoning request, arc conditions being proffered with this request? Yes ~ No C vARIA.NCE APPLICANTS t~ Variance of S~etion(s) of the Roanoke County Zoning Ordinance in order to: tl' tllP :1 T~T~II`O Tenn r wr nfn7 DIn.... ,. -L...1-:C ..~ _L _ _ ~ , Tlc. ----r__--. _ •-_._ ...,..........,.~,vJw. Al i c..ll,.yllViV rv t.t:L:`(vl t3L* Al,l,r.rlr.ll 1h A,'VY OFTHESE ITEMS ARE MISSING OR INCOl2PI.ETE. R!S V R!S V R!S V Consultation 8 1!2" x I 1 "concept Ptan ! Application fee Applicarion Metes and bounds descripeion Proffers, ifsppticable Justitication water and sewer application Adjoining properly owners I hereby certiry that I sm tither the owner of the property or the ow tcr-_g s nt or contract punch rand am acting with the knowledge and consent of the owner. --`~ G ~ Owner's Signature FR0~1 NAI~E_LANDSCAPE_DESIGN FAX N0. 54P °:,1-G8~7 Jul. 13 2001 8°:33PM P2 JUS'CT~'TCATTON FOR REZUNINC OK SYECTAL LTS;v PERMIT REQLiEST ~r~ -T The Planning Commission will study rezoning and special use pertilit r~quesu to determine the need and justification Cor the change in terms of public health, safely. and general welfare. Please answer the Ti>(lc~wing questions as thoroughly as possible. Use additional space if necessary. ' Please explain how the request furthcxs the purposes of the Zoning Ordinance (Section 30-i) ae well as the purpose found at the I Lcinniug oI'thc applicable :coning district clarification in the Zoning Ordinance. ', ~y ;~ t~cd~~:rt~ a~ v°~%~'~ ov,~,~ c em;:-,:~.„~~~ ~ f,,~Pre~-7-;c~;les e~~er,c.~?, r ,a ' / , ~ > ) ' ~~`~`./ ~~rr; er,~ ~rC/;G~„^,~ !i~ ~G~IP~ s'i.~pj~. ''~ar'^,~~ ~~v.;in 4 y v~/h;~1 ~- ~ ? % / r. ~OtN G~B.I^ci/ ~GVS'~~ ~j~3CC~' Gi<nGt ~~J 2~e:~"'~ ~v?~~ -~~~ /'~e-~/BUS/ / ~~ gd O/C~ ~CC~~rSt° />'~~,~~ ~" "lv r p!^ im~,~'r~J-r-r~L,zo an~~rC~~~~/C~ G~ P Sr~ f' I I J ~erJ~lc ,~`~/~^-~ r a ;~ C,r, ~ z~~~ ~~2 ~1~~r. ~ ~ ~v f~ ~,~e ca vr; ~i/ ~~'f~%n ~ f ~~ w~~~. Please explain h/ow the project conforms to thhhe general guidelines and policies co/~,ntained in the Roanoke/County Community Plan. 1;j101/'J ~~P.~ rT~~L°. ~~` ~- ~~-F i.'~~yy /~.S c.1OS~' ~O ~~i°1 ~ ~ f~ ~^ / .~GZ1J/ /"OtlY! Y !'O ~f ~ ' / VGj~f-b G d Ur~''~ cClr'~~;"'v 111 L')~ 1'VOI/~~ /~`~ ~-~/Trc n~~~h fG~~r~xS ,~v~/~r~~iG~rs~v° 'F"~~~ l ~ R S ~it/E ~l Please describe the impact(sl ofthe 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 acid rescue. 1 ~ / / ~~~ a~C'.L;'/~lap/meY;`~ ~r-oJ~~'~' IJ1r~~'~J a.l~ tiG~/t~~ -rho `~~~ S~/rrGU~,~ ~roj~?er--~) es ~o v~ 1.'~ olr.E~Gt~~~(fJ llhd 2e sz~li~~{I'ca ~~ ~ ~;~~s tv:~(1//~ ~r~ ~r~s~r'i/E GC G~nr~ ~,''a ~c erg ~rrQ-~~a~~ FROM E FAX N0. 540 951-4E77 Jul CONCEPT PLAN CIIIrCKLIST "~^ ~' ~.M A concept plan of the proposed project. must. be submitted with the application. 1'he concept plan shall graphically depict the land use chdngc, dcvcaopment or variance that is t.o be considered. Funher. the plan shall address any potential land use or design issues arising from the request. In such czscs im-cluing rc-r_onings, the applicant may proffer conditions to limit the future use and dcvclopnu-nt o!'thc properly and by so doing, correct. arty deficiencies chat may not be manageable by County permitting regulation;. The concept plan should not be confused with the site plan or p':ot plan that is required prier to the issuance of a building permit. Site plan artd building pe~rrnit procedures ensure compliance with Slate and County development regulations and may require changes to the initial concept plan. linlcss limiting conditions are prc~tfc,7cd and accepted in a rc-~oning or imposed on a special use pctm~it or variance, the concept plan may be altered to the extent pcnnitted by the zonin` disa-ict and other regulations. A concept plan is required with all re~ening, special use pc~rtnit and variance applications. The plan should be prepared by a proicssienal site planner. The ltw•cl of detail may vary, depending on the nature of the request. The County Planning Division staff may exempt some of the items or suoaest the addition of extra items, but the following are considered minimwn: 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 numbrrs of adjoining propetie5 e. Physical features such as ground cover, natural watercourses, fioodplain, etc. _ f. "fhe zoning and land use of all adjacetrt properties _ g. All property lines and easements h. All buildings, existing and proposed, and dimensions; floor area and heights _ i. Location, widths and names of all existing or platted streets er other public ways within or adjacent to the development _ ,j. Dimensions and locations of all driveways, parking spaces and loading ;paces Additional rnrormation required for REZONING AND SPECIAL ClSL PER~LITT APPLICANTS k. Existing utilities (water, sewer, stornl drams) and connections at the site _ 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 thou 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. .,li _ 7 ~-~ O l Si~Tnature of applicant Da e g5-'22fU1.'U:27 r:3~ nl~vnu ~ ~~~~ ,f ~r~i~Ir~C'ir SOIdrCiBS 1'wo major sources of Nib'ogen are organic (slow release} and inorganic {Quick release). an' • Builds a working soil structure. • E~remeiy safe sources of nutrients - mews, composts, manure. • flroken down slowly in the topsoil. • Mare than 60°fo of treatments use organic sources. r C,Nte application can be effecdv~e for severe! months. Inor~ nic • Quickly absort~i by plants. • i~roken down through plant use, mia~obiai activity, and heat. iNell-tutted usage of !ow quantities. ~antr+~iling r~r~-aaff I erosion • Begins with proper design and construction methods. Folkn~r erasion & sediment rantroi standards. • Compact sail and loci an slopes. • Retiention basins needed to cdiect surface water. AdeQuath subsurface drainage in turf areas. Rrepared by: Dave Sandrock ASSiStarit Gaff Cotars+e Superintendent Desert Forest Golf Club " Can:free, Arizona Professional Golf Tort Management Rutgers University BA Geoerrvirorstterrtal 5tudi~s Shipperrsbur+g University ti _ "'n r _ ... _ ~" ° _ y ~. 1 Z ° 2 < Y ~ i C w ~ Z U t ~ uu +~tMwx!"i...,.~.,,; _ ..... ~~~ f ., ~' _ ~ _ G ~ a°,°no"~~''r°° / / °".«-„fit ~~ ,11 - ~ ~ ° T ,. ... 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IY1rli~+~ r~Y~ h14r „ Yi /' ~ YN \ ~ 1.~ $ /'1 /' t l a I E+. 5~1~ ~ t r ~La~ l J . 11~ ,( t \ ~. \ 9 ,(1 1 t 'r i r{tom ~i' 7t ~ ~ tr ~ ~" I r t I ~'t I r1~ t tt'~ V \ t y +/rr ' l:~ ~ ~ ~ _ t 1rt ~ '. ,', i \\ ~ 1'' I ~ ~~" ~ ~ ; \ 11~`,dd ~~' 11,y .~~t r _ ~ w ~. ~!Z tl!r ~} ~ r 4 , `~:7 G, ~ ~ ~ ~ a ~ 1c:' e ~~. ~ ' / ; / l _ 1 f X ~ \4' . ~ .: W,`'' A' t ~u+ x ~, ~ ~ ;. y, ~SL7 L~~ ~'Gt - } .:Wr ~ .~ r ' ~ :" t / 1 ' ~~ ~ l~ •~ ~I i( ~ .1 I a,,~i: i ~N~ rt~ ,a: Y0. s'C j`' ~•. F~ ~. ~ I + ~ ` ~?11 , _ A (Lj ~~L. ~~i~ •( +Y11~~f 1~ ~t ~ 41 a ''I /! ii r Jt <' ~ t ~F ~ ° r-k,3°~~i t sr.L l i +.'i, t 1 `7 ~ - v'"'+ f .r _... (~ ~/ 1+~r .~~ ~ ~ ~~1 2~f.' .~„ ~.r}"C~~. iy/, ~,, h,s -t ~f . yt' y ,~~ i.. /-. - ._._'.._ i ,~ { y 1 A 1 ~ ~1 1 Y" / ~ ~ of 3 ~Y `tT~ r j ' `! ' Kyr ~h'E f : }.fff + ~JY S y x ~ ~i V ; ~ -....__ . .. I ~`. / tfatpl`t j `' r ~ ~ t f' ~ r ~ ai~'~ ~ ' ' -~ ~ ~ 1. +~~ .t ~i ALi,73°crr~~rh ~+. v 1* ~c 1 ` \ ~"' -. ' ~+ ~F '' J~ I^t lr 'F r iif ~' tu7~~''A• I t ~° ~ 't ~.J; R '_ f \ ~` __ tom, ~ \ ~ +i r + ~S to ~~ 1d. ~%~6 t~ ~ 7J^ ~, ~~ a a / ~ ~, r~ fa =;1a;~" r'?w~,~!rr~c, ~r~ : l .i !1 r M ; `J -~;+. A~ \ ~~ ~: 3ti` r. ~ ~ f 1 1 r I/'~'r F9 f,j~ ~~ 1 6 >.. 0 ' ~ ~ ~ OOLY COUR36 D6910N BYa `~ w ! ~ - ~ Saul Farm Golf Club ti~~ ° ~ ~ ~ I ~ , x ~ = b ro ~ Roanoke, VA, USA ~`;''~`- ' ~ ~ ' a NICKL_AIJS ROANOKE COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Applicant: Nathaniel C. Haile Zoning: Special Use Tax Map No. 79.04-2->2.,11.10,10.1,10.2, and 79.00-1-1 I "" `~ ,, ;, `, ./~ , C~ A // \ \ /~ \ ~ \ \ \ ,. _. '`"- ~H~ ~ ~ 1_h ',o ~\ / I` ~/ _ ~~~ / I / `~~/ / _.._ '~ // i. ' ... ~ ~; t$ ~~ `\ `.. ~` \ ., r so s\\O \ `\` ~. \ ~~ ~ ~~ 32 L. `- ~ +i-~,c _~ ;- _ _,__ r a =-+ ~, e ,~, ~ ~~~~ ~~. ~ ,~ ~,~~, ~ ,,1~ ~~~~ ,~ 1,;\, \~ ~~, ' ROUTING A p~RpNIp~EO~RIISE TO TON PROVIpEp TO NICKLq~ ~~E' ~~GFSTlON, WILL TYpI DESIGN. -•.~,...~...,~~ C4LLY BE ~:°.~-,.ate ~.~ ' ~ ~. AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, NOVEMBER 13, 2001 ORDINANCE TO CHANGE THE ZONING CLASSIFICATION OF 116 ACRES OF REAL ESTATE LOCATED ON PIT"LER ROAD, S.E., (TAX MAP NOs. 7s.o4-o2-12, 11, lo, 10.01 andlo.o2) IN THE VINTON MAGISTERIAL DISTRICT FROM THE ZONING CLASSIFICATION OF AG-3 TO THE ZONING CLASSIFICATION OF AR, WITH CONDITIONS, AND APPROVING A SPECIAL USE PERMIT FOR DEVELOPMENT OF A GOLF COURSE AND RELATED USES ON 364 ACRES OF REAL ESTATE LOCATED ON PITZER ROAD, S.E., (TAX MAP NO. 7s.oo-l-t) IN THE VINTON MAGISTERIAL DISTRICT, UPON THE APPLICATION OF NATHANIEL C. HAILE. WHEREAS, the first reading of this ordinance was held on July 24, 2001, and the second reading and public hearing were continued from September 25, 2001 and October 23, 2001 to November 13, 2001, at the request of~ the petitioner; and, WHEREAS, the Roanoke County Planning Commission held a public hearing on this matter on July 3, 2001; 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 116 acres, as described herein, and located in the 3500 block ofPitzer Road, S.E., (Tax Map Numbers 79.04-02-12, 11, 10, 10.01 and 10.02) and in the Vinton Magisterial District, is hereby changed from the zoning classification of AG-3, Agricultural/Rural Preserve District, to the zoning classification ofAR,Agricultural/Residential District, with a condition. The following condition, proffered in a rezoning, is: (a) Minimum house sizes: Ranch -- 1,800 square feet, 2 story -- 2,400 square feet 2. That this action is taken upon the application of Nathaniel C. Haile. The owner of this property is NBO Associates, c/o Ronald C. Brooks. 3. That a Special Use Permit is hereby approved for the development of a golf course and a residential community on 364 acres as described herein. This Special Use Permit shall apply to Tax Map Nos. 79.04-02-12, 11, lo, 10.01, 10.02 and 79.00-1-1, and is subject to the following conditions: (a) The Jack Nicklaus designers or an equal or greater quality designer shall design the golf course. (b) The fertilizer used shall minimize the effect on ground water pollution. 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. 2 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-10 AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-92. "SCREENING, LANDSCAPING, AND BUFFER YARDS" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 30-92. "Screening, Landscaping, and BufferYards" of the Roanoke County Zoning Ordinance be, and hereby is, repealed in its entirety. 2. That a new Section 30-92, "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning be amended to read and provide as follows: Sec. 30-92. Screening, Landscaping, and Buffer Yards. Sec. 30-92-1. Intent. (A) It is the intent of these provisions to: 1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4. Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the County and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments. Sec. 30-92-2. Administration. (A) These provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The board shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the board. (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. The property owner in accordance with the existing landscape ordinance shall immediately replace landscaping which dies . After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping and buffer yards. (C) Temporary irrigation must be provided to insure establishment. A description of the type of irrigation system used to establish the landscape is required to accompany the site plan. Irrigation systems are encouraged with landscape materials, which cannot survive on native precipitation. All plant material must meet American Association of Nurserymen Specifications for No. 1 Grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscaping plan. For native plant listings refer to the Department of Conservation & Recreation's publication entitled "Native Plants for Conservation, Restoration, and Landscaping-Western Virginia-Mountain Region." (D) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as may be described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (E) Written decisions of the administrator regarding these provisions may be appealed to the board of zoning appeals pursuant to section 30-24 of this ordinance. Appeals shall be made within thirty (30) days of the administrator's written decision. The approval of a site development plan shall constitute a written decision of the administrator. (F) Any required vegetation that has died must be replaced within 30 days. If during an inopportune planting season, time will be expanded to within 30 days after the start of the opportune planting season. Sec. 30-92-3. Modifications (A) Screening, landscaping and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. 5. The size or character of the area or equipment to be screened is such that screening may be ineffective in carrying out the intention of this section. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the county. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (E) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of the site proposed for development. In such cases, the administrator shall allow the width or 2 location of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (F) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions of Section 30-100-8 of this ordinance. Sec. 30-92-4. Enforcement Procedures and Penalties (A) All landscaping must be in place prior to issuance of a Certificate of Zoning Compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the county may issue a temporary or partial certificate of zoning compliance. A bond in the amount of 40% of the total cost of landscaping shall be held until final zoning approval. (B) Any violations shall be subject to Section 30-22 of Roanoke County Zoning Ordinance. 30-92-5. Standards and Specifications (A) General 1. All landscape plans shall be prepared by either a registered landscape architect, certified nurseryman, arborist, or professional engineer. At a minimum, fifty (50) percent of all plantings shall be native and every effort should be made to incorporate healthy existing vegetation into the landscaping plan. 2. No vegetation greater than thirty (30) inches in height shall be allowed in the clear sight triangle. 3. For each tree removed from the disturbed area with a trunk diameter of 24" or greater @ five (5) feet above ground level, shall be replaced with one of similar species or characteristics unless otherwise approved by the administrator. (B) Where buffer yards are required by this ordinance the following shall apply: 1. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Not withstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. In addition, buffer yards may be used for greenways. 2. When a proposed buffer yard has a variation in elevation of greater than six (6) vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the administrator. 3. The maximum slope of any required buffer yard shall be 3:1(Horizontal:VerticaD. Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization and re-vegetation. In areas where extreme slopes exist, retaining walls no greater than 4 feet in height may be used. If more than one retaining wall is used, a planting area at least six (6) feet wide with a slope no greater than 3:1 must be left 3 between the retaining walls. 4. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required screening, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing trees to be incorporated into the landscape must be adequately protected during construction to insure their survival. (Fencing around the drip line perimeter). 5. Where deemed appropriate by the County Zoning Administrator, buffer yards may be allocated for the present or future use as a greenway. (C) Where landscaping is required by this ordinance, the following shall apply: 1. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, earth berms, and/or a mix of evergreen/deciduous vegetation. Alternative materials may be approved, if in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. (D) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation shall be considered as a substitute for otherwise required landscaping, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the Protection and Preservation Methods Section {Section 30-92-4(E)}. 2 All plant material must meet American Association of Nurserymen Specifications for No. 1 grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape. 3. All plant species chosen shall be suitable for planting and growth within the proposed environment and shall meet the size requirements in the following table. Plants used for screening purposes shall be planted in accordance with the on-center requirements of the table. If spacing requirements are not specified, required landscaping shall be arranged within a buffer yard to achieve the intent of this section. Size/Spacing/Number/Minimums Screening & Spacing Height At Planting . Final Height Requirements , Evergreen deciduous shrubs 24"_„ 6' minimum 5' on center Small evergreen trees 5' 15' minimum 15' on center Large evergreen trees 6-8' S0' minimum 20' on center Small deciduous trees 1 %2" caliper 15' minimum 15' on center Large deciduous trees 1 ''/z" caliper 50' minimum 30' on center 4 (E) Protection and Preservation Methods 4. Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the Zoning Administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation *Type of material specified may vary due to site-specific determinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. 2. Areas designated for protection and/or preservation shall not be violated throughout the entire construction period by actions including, but not limited to: • Placing, storing, or stockpiling backfill or construction related supplies. • Felling trees into the designated area. • Burning within or in close proximity. • Modifying site topography in a manner which causes damage by collection/ponding or flow characteristics of site drainage. • Trenching or grading operations. • Operating equipment or machinery. • Parking of construction vehicles. • Temporary or permanent paving or impervious surface installation. • Temporary or permanent utility construction installation. • Disposal of construction debris or chemical pollutants. 3. Work or construction related activities within areas designated for protection and/or preservation of existing vegetation shall be accomplished only with prior approval of the Zoning Administrator. 30-92-5. Applicability of Regulations & Requirements (A) Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using Chart 1. 5 CHARTI Adjoining Zoning Site Zoning R-3 R-4 C-1 C-2 I-1 I-2 AG-3 D D D D D E AG-1 D D D D D E AR B,_, _, _, _ B_ B or C,_ B or C,_ D, ___.__„ E AV A._~~..__. _ A A~~.....~.. A~.~~..~~ D...._....... E.._,_._,_.~......,.. R-1 A A B C D E R-2 A A B C D E R-3 B B B D E R-4 A B D E PRD D E NC B C C-1 B C C-2 B B TYPE, OPTION 1 (Large Buffer, Minimal OPTION 2 (Smaller Buffer With More Landscaping). _.,_ Landscaping/Screening)_ _ _~,,. __ A-,_.,,~-~- 20' buffer 15' buffer Large trees One large and 3 small trees for every 75' One row of evergreen shrubs and one row 6' screening of deciduous shrubs w & 2 large shrubs for every 10' ,. _ , B_..,-.-,_.-_ 30' buffer 20' buffer Large trees One large and 2 small trees for every 50' One row of evergreen shrubs and a row of 6' screening deciduous shrubs_ & 3 shrubs for every 10'„ ,,, ,, 6 C D E (B) (C) 40' buffer Large and small trees One row of evergreen shrubs and a row of deciduous shrubs 50' buffer Large and small trees One row of deciduous shrubs 75' buffer Large and small trees One row of deciduous shrubs 30' buffer One large tree for every 30'__ 6' screening & 4 shrubs for every 10' ,_,_,_,_ _ _ 35' buffer One large tree for every 30' 6' screening & 6 shrubs for every 10', ._.....,.v_._~ 50' buffer One large tree and two small trees for every 30' 6' screening & eight shrubs for every 10' , _ , ,,, , _, , , Requirements for Adjacent Right of Way /Street Side Plantings 1. Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of--way, a planting strip shall be established between the parking areas and the adjacent right-of--way. The planting strip shall have a minimum width often (10) feet. 2. Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of--way. Small trees planted every 20 linear feet, may be used where an overhead power line or other obstruction is present. In addition, a minimum of two (2) shrubs shall be placed in the planting strip for every five (5) linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. _,v_, Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, designed and located to channel traffic, facilitate storm water management, and define and separate parking areas and aisles. 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 %") inches at the time of planting in accordance with Section 30- 92-3(C). Rows of parking shall be separated by a landscaped island at least every 15 spaces and landscaped islands shall also be placed at the end of each row. Landscaped parking islands shall be spaced throughout the parking area and have a minimum dimension of 8' in width of planting area. To protect the plant material from vehicular damage, the island must be delineated by a clear physical barrier such as concrete curbs or set landscaping timbers. 4. A minimum of one large tree with surrounding turf grass or other ground cover shall be required in all parking lot islands. Additionally, three shrubs for every 15 parking spaces shall be planted within or adjacent to the parking area. 5. Large parking areas shall be broken into sections not to exceed 100 parking spaces. Each section is to be separated by major landscaped buffers to provide visual relief. 7 6. Paved areas greater than 500 sq. ft. such as loading areas, that are not necessarily striped parking lots shall place one landscaped island, as specified above for every 750 sq. ft. of area. They shall be located to channel traffic, and/or define separate parking areas. 7. Expansion of existing parking areas shall comply with the requirements above if the expansion involves the addition of an area equivalent to ten (10) or more parking spaces and the resultant parking area has the equivalent of fifteen (15),_or more spaces. The amount of landscaping required above shall be based on the number of spaces in the new parking area only. (D) Landscaping Requirements for New and Expanded Developments -Adequate minimum landscaping shall be provided as follows: 1. The area coverage of trees and shrubs to be planted, together with the existing crown area of those retained shall occupy at least 35 percent of the total land area of the proposed project. Total land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. 2. The approved Crown Coverage allowances are listed below. They are based upon the anticipated size at maturity when located in a built environment. Type Large deciduous trees ,_~_ Large evergreen trees,, _ _ ., Small deciduous trees Small evergreen trees, _, ___ Large shrubs Small shrubs, , , _ , _ Minimum Height at Maturity 50' min. height 30' min. height 15' min. height 15' min. height 5' min. height 2' min. height Crown Coverage Allowance 1,250 square feet each (35') 500 square feet each (22') 250 square feet each (15') 250 square feet each (15') 10 square feet each (3') 5 square feet each (2') 3. Shrub planting which apply toward crown coverage allowance requirements shall not exceed more than 25 percent of the total crown coverage allowance requirements. Shrub plantings proposed for use as screen plantings (such as related to refuse service areas, outdoor storage areas, mechanical equipment, etc.) do not apply toward Crown Coverage allowance requirements. 4. Groundcovers, perennial plantings, or turf grass do not apply toward Crown Coverage allowance requirements. (E) Additional Screening Requirements 1. All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground level mechanical equipment shall be screened or landscaped. V 2. Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. 8 2. That this ordinance shall be in effect from and after its passage. On motion of Supervisor Minnix to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: y"yC..~,y- .sad . cam, Mary H. Allen, CMC Clerk to the Board of Supervisors 9 cc: File Janet Scheid, Chief Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, 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 Kathi Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue • ~ ~ " °~ PETITIONER: Roanoke County Planning Commission CASE NUMBER: 11/2001 Planning Commission Hearing Date: November 6, 2001 Board of Supervisors Hearing Date: November 13, 2001 A. REQUEST The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. Chris Lowe presented the amended Ordinance. There was no discussion. D. CONDITIONS • None E. COMMISSION ACTION(S) Mr. AI Thomason made a motion to approve the request. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission n, MEMORANDUM Date: Re: To: From October 26, 2001 Revision of Screening and Landscaping Ordinance Planning Commission Chris Lowe ,~ , Attached are the revisions to the proposed Screening and Landscaping Ordinance as discussed in our October work session. We have worked diligently to create a Landscape Ordinance which would be flexible, creative, promote conservation and preservation in design efforts, and attempted to encourage designers and developers to be creative in their landscape solutions. We have worked long and hard on these revisions and look forward to presenting them to you at our November 6th public hearing. Thank you. 1 Sec. 3~-92. Screening, Landscaping, and S~afifer Yards. Sec. 30-92-1. Intent. (~,) It is the intent of these provisions to: T- ~~ I. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4, Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the County and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments. Sec. 30-$2-2. Administration. (A) These provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The board shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the board. (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. The property owner in accordance with the existing landscape ordinance shall immediately replace landscaping which dies . After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping and buffer yards. (C) Temporary irrigation must be provided to insure establishment. A description of the type of irrigation system used to establish the landscape is required to accompany the site plan. Irrigation systems are encouraged with landscape materials, which cannot survive on native precipitation. All plant material must meet American Association of Nurserymen Specifications for No. 1 Grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscaping plan. For native plant listings refer to the Department of Conservation & Recreation's publication entitled "Native Plants for Conservation, Restoration, and Landscaping-Western Virginia-Mountain Region." (D) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as maybe described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (E) Written decisions of the administrator regarding these provisions may be appealed to the board of zoning appeals pursuant to section 30-24 of this ordinance. Appeals shall be made within thirty (30) days of the administrator's written decision. The approval of a site development plan shall constitute a written decision of the administrator. (F) Any required vegetation that has died must be replaced within 30 days. If during an inopportune planting season, time will be expanded to within 30 days after the start of the opportune planting season. T- ~.~ Sec. 30-92-3. Modifications (A) Screening, landscaping and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. 5. The size or character of the area or equipment to be screened is such that screening may be ineffective in carrying out the intention of this section. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the county. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (E) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of the site proposed for development. In such cases, the administrator shall allow the width or location of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (F) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions of Section 30-100-8 of this ordinance. Sec. 30-92-4. Enforcement Procedures and Penalties (A) All landscaping must be in place prior to issuance of a Certificate of Zoning Compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the county may issue a temporary or partial certificate of zoning compliance. A bond in the amount of 40% of the total cost of landscaping shall be held until final zoning approval. (B) Any violations shall be subject to Section 30-22 of Roanoke County Zoning Ordinance. 30-92-5. Standards and Specifications (A) General 1. All landscape plans shall be prepared by either a registered landscape architect, certified nurseryman, arborist, or professional engineer. At a minimum, fifty (50) percent of all plantings shall be native and every effort should be made to incorporate healthy existing vegetation into the landscaping plan. 2. No vegetation greater than thirty (30) inches in height shall be allowed in the clear sight triangle. 3. For each tree removed from the disturbed area with a trunk diameter of 24" or greater @ five (5) feet above ground level, shall be replaced with one of similar species or characteristics unless otherwise approved by the administrator. (B) Where buffer yards are required by this ordinance the following shall apply: 1. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Not withstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. In addition, buffer yards may be used for greenways. 2. When a proposed buffer yard has a variation in elevation of greater than six (6) vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the administrator. 3. The maximum slope of any required buffer yard shall be 3:1(Horizontal:Vertical). Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization and re-vegetation. In areas where extreme slopes exist, retaining walls no greater than 4 feet in height may be used. If more than one retaining wall is used, a planting area at least six (6) feet wide with a slope no greater than 3:1 must be left between the retaining walls. 4. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required screening, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing trees to be incorporated into the landscape must be adequately protected during construction to insure their survival. (Fencing around the drip line perimeter). 5. Where deemed appropriate by the County Zoning Administrator, buffer yards maybe allocated for the present or future use as a greenway. (STAFF NOTE: In definitions section add - Greenways-protected, vegetated pedestrian corridors that provide linkages between neighborhoods, parks, civic centers, commercial centers, work places, etc. -or- a linear area maintained as open space in order to conserve natural and cultural resources, and to provide recreational opportunities, aesthetic and design benefits, and linkages between open space and recreational facilities and their users. (C) Where screening is required by this ordinance, the following shall apply: 1. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, earth berms, and/or a mix of evergreen/deciduous vegetation. Alternative materials may be approved, if in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. (D) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation shall be considered as a substitute for otherwise required landscaping, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the Protection and Preservation Methods Section {Section 30-92-4(E)}. 2. All plant material must meet American Association of Nurserymen Specifications for No. 1 grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape. 3. All plant species chosen shall be suitable for planting and growth within the proposed environment and shall meet the size requirements in the following table. Plants used for screening purposes shall be planted in accordance with the on-center requirements of the table. If spacing requirements are not specified, required landscaping shall be arranged within a buffer yard to achieve the intent of this section. Size/Spacing/Number/Minimums Screening & Spacing Height At Planting Final Height Requirements Evergreen/deciduous shrubs 24" 6' minimum 5' on center Small evergreen trees 5' 15' minimum 15' on center Large evergreen trees 6-8' S0' minimum 20' on center Small deciduous trees 1 1/2" caliper 15' minimum 15' on center Large deciduous trees 1 %" caliper 50' minimum 30' on center (E) Protection and Preservation Methods 4. Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the Zoning Administrator. Dtuing construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation '~ `'! *Type of material specified may vary due to site-specific determinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. 30-92-5. Applicability of Regulations c& Requirements (A) Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using Chart I . V CHART 1 Adjoining Zoning Site Zoning R-3 R-4 C-1 C-2 I-1 I-2 AG-3 D D D D D E AG-1 D D D D D E AR B B BorC BorC D E AV A A A A D E R-1 A A B C D E R_2 A A B C D E R-3 B B B D E R-4 A B D E p~ D E NC B C C-1 B C C-2 B B TYPE OPTION 1 (Large Buffer, Minimal Landscaping) A 20' buffer Large trees One row of evergreen shrubs and one row of deciduous shrubs B 30' buffer Large trees One row of evergreen shrubs and a row of deciduous shrubs OPTION 2 (Smaller Buffer With More Landscaping/Screening) 15' buffer One large and 3 small trees for every 75' 6' screening & 2 large shrubs for every 10' 20' buffer One large and 2 small trees for every 50' 6' screening & 3 shrubs for every 10' C 40' buffer 30' buffer Large and small trees One large tree for every 30' One row of evergreen shrubs and a row of 6' screening deciduous shrubs & 4 shrubs for every 10' D 50' buffer 35' buffer Large and small trees One large tree for every 30' One row of deciduous shrubs 6' screening & 6 shrubs for every 10' E 75' buffer 50' buffer Large and small trees One large tree and two small trees for every 30' One row of deciduous shrubs 6' screening & eight shrubs for every 10' (B) Requirements for Adjacent Right of Way /Street Side Plantings 1. Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of--way, a planting strip shall be established between the parking areas and the adjacent right-of--way. The planting strip shall have a minimum width of ten (10) feet. 2. Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of--way. Small trees planted every 201inear feet, may be used where an overhead power line or other obstruction is present. In addition, a minimum of two (2) shrubs shall be placed in the planting strip for every five (5) linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. (C) Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, designed and located to channel traffic, facilitate storm water management, and define and separate parking areas and aisles. 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 1/2") inches at the time of planting in accordance with Section 30- 92-3(C). ~. .~ ~: 3. Rows of parking shall be separated by a landscaped island at least every 15 spaces and landscaped islands shall also be placed at the end of each row. Landscaped parking islands shall be spaced throughout the parking area and have a minimum dimension of 8' in width of planting area. To protect the plant material from vehicular damage, the island must be delineated by a clear physical barrier such as concrete curbs or set landscaping timbers. 4. A minimum of one large tree with surrounding turf grass or other ground cover shall be required in all parking lot islands. Additionally, three shrubs for every 15 parking spaces shall be planted within or adjacent to the parking area. 5. Large parking areas shall be broken into sections not to exceed 100 parking spaces. Each section is to be separated by major landscaped buffers to provide visual relief. 6. Paved areas greater than 500 sq. ft. such as loading areas, that are not necessarily striped parking lots shall place one landscaped island, as specified above for every 750 sq. ft. of area. They shall be located to channel traffic, and/or define separate parking areas. 7. Expansion of existing parking areas shall comply with the requirements above if the expansion involves the addition of an area equivalent to ten (10) or more parking spaces and the resultant parking area has the equivalent of fifteen (15)_or more spaces. The amount of landscaping required above shall be based on the number of spaces in_the new parking area only. (D) Landscaping Requirements for New and Expanded Developments -Adequate minimum landscaping shall be provided as follows: 1. The area coverage of trees and shrubs to be planted, together with the existing crown area of those retained shall occupy at least 35 percent of the total land area of the proposed project. Total Land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. 2. The approved Crown Coverage allowances are listed below. They are based upon the anticipated size at maturity when located in a built environment. Type Large deciduous trees Large evergreen trees Small deciduous trees Small evergreen trees Large shrubs Small shrubs iVlinimum Height at Maturity Crown Coverage Allowance 50' min. height 30' min. height 15' min. height 15' min. height 1,250 square feet each (35') 500 square feet each (22') 250 square feet each (15') _250 square feet each (15') 5' min. height 10 square feet each (3') 2' min. height 5 square feet each (2') Shrub planting which apply toward crown coverage allowance requirements shall not exceed more than 25 percent of the total crown coverage allowance requirements. Shrub plantings proposed for use as screen plantings (such as related to refuse service areas, outdoor storage areas, mechanical equipment, etc.) do not apply toward Crown Coverage ..~w ~! allowance requirements. • 4 4. Groundcovers, perennial plantings, or turf grass do not apply toward Crown Coverage allowance requirements. (E) Additional Screening Requirements 1. All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground level mechanical equipment shall be screened or landscaped. 2. Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. /-~' AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION 30-92. "SCREENING, LANDSCAPING, AND BUFFER YARDS" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 30-92. "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning Ordinance be, and hereby is, repealed in its entirety. 2. That a new Section 30-92, "Screening, Landscaping, and Buffer Yards" of the Roanoke County Zoning be amended to read and provide as follows: Sec. 30-92. Screening, Landscaping, and Buffer Yards. Sec. 30-92-1. Intent. (A) It is .the intent of these provisions to: 1. Set minimum standards that will ease the transition between zoning districts of different intensities. 2. Provide visual and noise buffers between certain land uses and adjoining activities. 3. Promote the protection of the natural environment through plantings that absorb gaseous emissions and improve air quality. 4. Encourage the incorporation of existing vegetation into new developments. 5. Encourage attractively landscaped areas in new developments. 6. Improve the quality of the environment within the County and to provide a certain and predictable review and approval process for landscape plans by establishing minimum standards for planting in new developments. Sec. 3O-92-2. Administration. (A) These provisions and requirements shall apply to buildings and developments requiring a site development plan pursuant to Section 30-90 of this ordinance. The board shall also have the authority to apply any of these requirements as a condition of a special use permit approved by the board. (B) Landscaping required by this ordinance shall be planted during an opportune planting season, and shall be in place and in good condition prior to a final certificate of zoning compliance being issued for the site. The property owner in accordance with the existing landscape ordinance shall immediately replace landscaping which dies . After the issuance of a final certificate of zoning compliance for a site, it shall be the property owner's responsibility to maintain required screening, landscaping and buffer yards. (C) Temporary irrigation must be provided to insure establishment. A description of the type of irrigation system used to establish the landscape is required to accompany the site plan. Irrigation systems are encouraged with landscape materials, which cannot survive on native precipitation. All plant material must meet American Association of Nurserymen Specifications for No. 1 Grade. Native plantings are encouraged when compatible with the T_ surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscaping plan. For native plant listings refer to the Department of Conservation & Recreation's publication entitled "Native Plants for Conservation, Restoration, and Landscaping-Western Virginia-Mountain Region." (D) These regulations supplement screening, landscaping or buffer yard requirements for specific land uses as maybe described in Article IV, Use and Design Standards. Where a conflict may exist between standards, the more stringent standard shall apply. (E) Written decisions of the administrator regarding these provisions maybe appealed to the board of zoning appeals pursuant to section 30-24 of this ordinance. Appeals shall be made within thirty (30) days of the administrator's written decision. The approval of a site development plan shall constitute a written decision of the administrator. (F) Any required vegetation that has died must be replaced within 30 days. If during an inopportune planting season, time will be expanded to within 30 days after the start of the opportune planting season. Sec. 30-92-3. Modifications (A) Screening, landscaping and buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards maybe granted in writing by the administrator if the administrator finds any of the following circumstances exist on the proposed building site, or surrounding properties: 1. Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section; 2. Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect. 3. The required screening would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site. 4. The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity. 5. The size or character of the area or equipment to be screened is such that screening maybe ineffective in carrying out the intention of this section. (B) When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by the section. However, to achieve the intent of this section, the administrator may approve an alternative location and design for required screening and plantings. (C) When property lines abut an adjacent jurisdiction, the administrator shall determine the specific screening and buffering requirements along that property line(s) after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the county. (D) When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the administrator. (E) The areas of any required buffer yard shall not be required to exceed fifteen (15) percent of 2 the site proposed for development. In such cases, the administrator shall allow the width or location of certain buffer yards to be reduced or eliminated. The administrator shall require additional landscaping and/or screening within the remaining buffer yards, or elsewhere on the site. (F) No landscaping or screening shall be required which in the opinion of the administrator interferes with traffic safety, or which violates the provisions of Section 30-100-8 of this ordinance. Sec. 30-92-4. Enforcement Procedures and Penalties (A) All landscaping must be in place prior to issuance of a Certificate of Zoning Compliance. In situations where a building, structure, or property, must be occupied or used prior to completion of landscaping requirements, the county may issue a temporary or partial certificate of zoning compliance. A bond in the amount of 40% of the total cost of landscaping shall beheld until final zoning approval. (B) Any violations shall be subject to Section 30-22 of Roanoke County Zoning Ordinance. 30-92-5. Standards and Specifications (A) General 1. All landscape plans shall be prepared by either a registered landscape architect, certified nurseryman, arborist, or professional engineer. At a minimum, fifty (50) percent of all plantings shall be native and every effort should be made to incorporate healthy existing vegetation into the landscaping plan. 2. No vegetation greater than thirty (30) inches in height shall be allowed in the clear sight triangle. 3. For each tree removed from the disturbed area with a trunk diameter of 24" or greater @ five (5) feet above ground level, shall be replaced with one of similar species or characteristics unless otherwise approved by the administrator. (B) Where buffer yards are required by this ordinance the following shall apply: 1. Buffer yards shall be reserved solely for screening and landscaping. No proposed building, building addition, structure, parking area or any other type of physical land improvement shall be located in a buffer yard. Not withstanding the above, a driveway entrance or a public road may cross a buffer yard if it is necessary for safe and convenient access to the building site. In addition, buffer yards maybe used for greenways. 2. When a proposed buffer yard has a variation in elevation of greater than six (6) vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the administrator. 3. The maximum slope of any required buffer yard shall be 3:1(Horizontal:Vertical). Sufficient vegetation and ground cover shall be established and maintained on any slope to ensure stabilization and re-vegetation. In areas where extreme slopes exist, retaining 3 ~-_ walls no greater than 4 feet in height maybe used. If more than one retaining wall is used, a planting area at least six (6) feet wide with a slope no greater than 3:1 must be left between the retaining walls. 4. Existing vegetation within buffer yards shall be considered as a substitute for otherwise required screening, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing trees to be incorporated into the landscape must be adequately protected during construction to insure their survival. (Fencing around the drip line perimeter). 5. Where deemed appropriate by the County Zoning Administrator, buffer yards maybe allocated for the present or future use as a greenway. (STAFF NOTE: In definitions section add - Greenways-protected, vegetated pedestrian corridors that provide linkages between neighborhoods, parks, civic centers, commercial centers, work places, etc. -or- a linear area maintained as open space in order to conserve natural and cultural resources, and to provide recreational opportunities, aesthetic and design benefits, and linkages between open space and recreational facilities and their users. (C) Where screening is required by this ordinance, the following shall apply: 1. Screening shall be visually opaque, and constructed of a durable material. It shall be installed within a required buffer yard and shall be continuously maintained so as to meet the intent of this section. 2. Acceptable screening materials include stockade fences, decorative masonry walls, brick walls, earth berms, and/or a mix of evergreen/deciduous vegetation. Alternative materials maybe approved, if in the opinion of the administrator, their characteristics and design meet the intent and standards of this section. (D) Where landscaping is required by this ordinance, the following shall apply: 1. Existing vegetation shall be considered as a substitute for otherwise required landscaping, if in the opinion of the administrator, the type, size, and density of the existing vegetation complies with the following standards and the intent of this section. Any existing vegetation to be preserved and incorporated into the landscape must be adequately protected during construction to insure their survival, as specified in the Protection and Preservation Methods Section {Section 30-92-4(E)}. 2. All plant material must meet American Association of Nurserymen Specifications for No. 1 grade. Native plantings are encouraged when compatible with the surrounding land use. Every effort should be made to incorporate healthy existing trees into the landscape. 3. All plant species chosen shall be suitable for planting and growth within the proposed environment and shall meet the size requirements in the following table. Plants used for screening purposes shall be planted in accordance with the on-center requirements of the table. If spacing requirements are not specified, required landscaping shall be arranged within a buffer yard to achieve the intent of this section. Size/Spacing/Number/Minimums ~! Screening & Spacing Height At Planting Final Height Requirements Evergreen/deciduous shrubs 24" 6' minimum 5' on center Small evergreen trees 5' 15' minimum 15' on center Large evergreen trees 6-8' S0' minimum 20' on center Small deciduous trees 1 %i" caliper 15' minimum 15' on center Large deciduous trees 1 '/2" caliper 50' minimum 30' on center (E) Protection and Preservation Methods 4. Vegetation designated for protection and/or preservation shall be enclosed in a protection zone which establishes limits of construction disturbance to the root area of designated plant material. All protection zones and measures shall be established to the satisfaction of the Zoning Administrator. During construction, plastic or wood fencing shall be installed at the perimeter of all protection zones. Vegetation of specimen quality, historic designation or cultural value: Provide extraordinary measures to ensure complete protection/preservation *Type of material specified may vary due to site-specific determinants. Silt, erosion control, or geotechnical fabric materials are not acceptable for use as vegetation protection. 5 ~.- 2. Areas designated for protection and/or preservation shall not be violated throughout the entire construction period by actions including, but not limited to: • Placing, storing, or stockpiling backfill or construction related supplies. • Felling trees into the designated area. • Burning within or in close proximity. • Modifying site topography in a manner which causes damage by collection/ponding or flow characteristics of site drainage. • Trenching or grading operations. • Operating equipment or machinery. • Parking of construction vehicles. • Temporary or permanent paving or impervious surface installation. • Temporary or permanent utility construction installation. • Disposal of construction debris or chemical pollutants. 3. Work or construction related activities within areas designated for protection and/or preservation of existing vegetation shall be accomplished only with prior approval of the Zoning Administrator. ~~ 30-92-5. Applicability of Regulations & Requirements (A) Requirements of screening, landscaping and buffer yards between zoning districts shall be determined by using Chart 1. Adjoining Zoning AG-3 AG-1 AR AV R-1 R-2 R-3 R-4 PRD NC C-I C-2 R-3 D D B A A A Zoning R-4 C-1 D D D D B BorC A A A B A B B B A C-2 I- I D D D D BorC D A D C D C D B D B D D B B B I-2 E E E E E E E E E C C B 7 ,. ~ , TYPE OPTION 1 (Large Buffer, Minimal Landscaping) OPTION 2 (Smaller Buffer With More Landscaping/Screening) A B C D E (B) (C) 20' buffer Large trees One row of evergreen shrubs and one row of deciduous shrubs 30' buffer Large trees One row of evergreen shrubs and a row of deciduous shrubs 40' buffer Large and small trees One row of evergreen shrubs and a row of deciduous shrubs 50' buffer Large and small trees One row of deciduous shrubs 75' buffer Large and small trees One row of deciduous shrubs 15' buffer One large and 3 small trees for every 75' 6' screening & 2 large shrubs for every 10' 20' buffer One large and 2 small trees for every 50' 6' screening & 3 shrubs for every 10' 30' buffer One large tree for every 30' 6' screening & 4 shrubs for every 10' 35' buffer One large tree for every 30' 6' screening & 6 shrubs for every 10' 50' buffer One large tree and two small trees for every 30' 6' screening & eight shrubs for every 10' Requirements for Adjacent Right of Way /Street Side Plantings 1. Where a new or expanded development, or reconfigured parking area is proposed adjacent to a public street right-of--way, a planting strip shall be established between the parking areas and the adjacent right-of--way. The planting strip shall have a minimum width often (10) feet. 2. Within this planting strip a minimum of one (1) large deciduous tree shall be planted every thirty (30) linear feet along the public street right-of--way. Small trees planted every 201inear feet, maybe used where an overhead power line or other obstruction is present. In addition, a minimum of two (2) shrubs shall be placed in the planting strip for every five (5) linear feet of frontage. This should not be construed as meaning that the plants must be uniformly planted. Parking Areas 1. New parking areas shall include landscaped medians, peninsulas or planters that are planned, designed and located to channel traffic, facilitate storm water management, and define and separate parking areas and aisles. 2. Each landscaped area shall be planted with large deciduous trees with a minimum caliper of one and one half (1 %i") inches at the time of planting in accordance with Section 30- 8 ~% 92-3(C). 3. Rows of parking shall be separated by a landscaped island at least every 15 spaces and landscaped islands shall also be placed at the end of each row. Landscaped parking islands shall be spaced throughout the parking area and have a minimum dimension of 8' in width of planting area. To protect the plant material from vehicular damage, the island must be delineated by a clear physical barrier such as concrete curbs or set landscaping timbers. 4. A minimum of one large tree with surrounding turf grass or other ground cover shall be required in all parking lot islands. Additionally, three shrubs for every 15 parking spaces shall be planted within or adjacent to the parking area. 5. Large parking areas shall be broken into sections not to exceed 100 parking spaces. Each section is to be separated by major landscaped buffers to provide visual relief. 6. Paved areas greater than 500 sq. ft. such as loading areas, that are not necessarily striped parking lots shall place one landscaped island, as specified above for every 750 sq. ft. of area. They shall be located to channel traffic, and/or define separate parking areas. 7. Expansion of existing parking areas shall comply with the requirements above if the expansion involves the addition of an area equivalent to ten (10) or more parking spaces and the resultant parking area has the equivalent of fifteen (15)_or more spaces. The amount of landscaping required above shall be based on the number of spaces in_the new parking area only. (D) Landscaping Requirements for New and Expanded Developments -Adequate minimum landscaping shall be provided as follows: 1. The area coverage of trees and shrubs to be planted, together with the existing crown area of those retained shall occupy at least 35 percent of the total land area of the proposed project. Total land area for purposes of this paragraph shall be the area shown on the site plan as the area of the site plan under consideration. 2. The approved Crown Coverage allowances are listed below. They are based upon the anticipated size at maturity when located in a built environment. Type Minimum Height at Maturity Crown Coverage Allowance Large deciduous trees 50' min. height 1,250 square feet each (35') Large evergreen trees 30' min. height 500 square feet each (22') Small deciduous trees 15' min. height 250 square feet each (15') Small evergreen trees 15' min. height _250 square feet each (15') Large shrubs 5' min. height 10 square feet each (3') Small shrubs 2' min. height 5 square feet each (2') 3. Shrub planting which apply toward crown coverage allowance requirements shall not 1s _ "`;fir exceed more than 25 percent of the total crown coverage allowance requirements. Shrub plantings proposed for use as screen plantings (such as related to refuse service areas, outdoor storage areas, mechanical equipment, etc.) do not apply toward Crown Coverage allowance requirements. 10 T~ '~ 4. Groundcovers, perennial plantings, or turf grass do not apply toward Crown Coverage allowance requirements. (E) Additional Screening Requirements 1. All refuse service (dumpsters/containers) and outdoor storage areas in all zoning districts shall be screened from surrounding views. In addition, ground level mechanical equipment shall be screened or landscaped. 2. Commercial and industrial use types shall screen from surrounding views all articles and materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged. Articles and materials available for retail sale by a commercial use type shall be exempt from this requirement. 2. That this ordinance shall be in effect from and after its passage. 11 ~_ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 ORDINANCE 111301-11 THE ROANOKE COUNTYZONING ORDINANCE, SECTION 30-23. "NONCONFORMING USES AND STRUCTURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: 1. That Section 30-23. "Nonconforming uses and structures" of the Roanoke County Zoning Ordinance be, and hereby is, amended to read and provide as follows: **** Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two (2) years, or; 2 The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or; 3. The buildings or structures containing the nonconforming use are maintained in their then structural condition. 1 **** (E) Where nonconforming use status applies to a building or structure, remova of the building or structure, shall eliminate the nonconforming status of the building or structure or land. **** Sec. 30-23-3. Nonconforming Buildings and Structures. (A) Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure may be continued so long as it remains otherwise lawful provided: 1. No building or structure shall be enlarged in any way which increases or extends its nonconformity. 32. Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved. 2. That this ordinance shall be effective from and after its passage. On motion of Supervisor Nickens to adopt the ordinance, and carried by the 2 following recorded vote: AYES:' Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson A COPY TESTE: 7`x.- ,~- C~.e.e.,,~ . Mary H. Allen, CMC Clerk to the Board of Supervisors cc: File Janet Scheid, Chief Planner Circuit Court Clifford R. Weckstein, Judge Diane McQ. Strickland, Judge Richard C. Pattisall, Judge Robert P. Doherty, Jr., Judge Jonathan M. Apgar, Judge James R. Swanson, 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 Kathi Scearce, Director, Community Relations Danial Morris, Director, Finance O. Arnold Covey, Director, Community Development Gary Robertson, Director, Utility Michael Lazzuri, Court Services Elaine Carver, Director, Information Technology Anne Marie Green, Director, General Services Thomas S. Haislip, Director, Parks, Recreation & Tourism Gardner Smith, Director, Procurement William E. Driver Director, Real Estate Valuation Alfred C. Anderson, Treasurer Nancy Horn, Commissioner of Revenue PETITIONER: Roanoke County Planning Commission CASE NUMBER: 1112001 Planning Commission Hearing Date: November 6, 2001 Board of Supervisors Hearing Date: November 13, 2001 A. REQUEST The petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-23, Non-Conforming Uses and Structures. B. CITIZEN COMMENTS No citizens spoke. C. SUMMARY OF COMMISSION DISCUSSION Mr. David Holladay presented the staff report. There was no discussion. D. CONDITIONS • None E. COMMISSION ACTION(S) Mr. AI Thomason made a motion to approve the request. Motion carried 5-0. F. DISSENTING PERSPECTIVE None. G. ATTACHMENTS: _ Concept Plan _ Vicinity Map _ Staff Report _ Other Janet Scheid, Secretary Roanoke County Planning Commission 5 ~+ ~ ~~ ~~ ~_. REPOR ~ ~~~Pfi STAFF ~'~ Petitioner: Roanoke County Planni ~ ~..~~~.~._~ a~ .. _ ~ ,. x` . ,. ng Commission ` Request: Amend Roanoke County Zoning Ordinance, Section 30.23, Nonconforming Uses and Structures Location: NIA Magisterial District: NIA Proffered/Suggested NIA Conditions: BACKGROUND: At their September 25, 2001 meeting, the Roanoke County Board of Supervisors asked staff to review a situation involving anon-conforming residential use located in an industrial zoning district. Citizens on Country Farm Road, which intersects the 3800 block of West Main Street, were attempting to sell their home, and the potential purchaser was having difficulty obtaining financing due to the non-conforming use. Specifically, the lending institutions were reluctant to process a loan based on several sections of the zoning ordinance that limit reconstruction of the non- conforming home in the event that it is more than fifty percent destroyed by fire or other damage. Section 30-23 of the Zoning Ordinance addresses Nonconforming Uses and Structures. The section describes nonconformities as structures, land uses, or characteristics of properties which were lawful before the adoption of the ordinance, but which would be prohibited under the terms of the current ordinance. Per Section 30-23 (B), "Nonconformitiessre permitted to remain until removed, discontinued, or changed to conform to the provisions of this ordinance." Sections 30-23-2 (A), 30-23-2 (E), and 30-23-3 (A) address reconstruction of nonconforming buildings or structures. These sections are cited by lending institutions as reasons for not approving loans for nonconforming uses, buildings or structures. Incases of nonconforming residential uses in commercial or industrial zoning districts, the transition from residential uses to commercial or industrial is based much more on market forces than zoning codes. In the case of the Country Farm Road residences, the land is zoned I-2 Industrial District and the Roanoke County Community Plan designates the area as Principle Industrial in anticipation of future industrial growth. AII. of the regulatory and policy guidelines are in place, but the land isn't going to become business or industry until a developer purchases the properties. PROPOSED AMENDMENTS: In order to address the issue of reconstructing nonconforming buildings or structures, several amendments are proposed. These proposed amendments are attached for reference. 1) Section 30-23-2 (A), second paragraph contains language that addresses reconstruction, but is also redundant and/or conflicting with other sections. Completely striking this paragraph is proposed. 2) Section 30-23-2 (E} refers to damage greater than fifty (50) percent. This language can be removed, leaving provisions that eliminate nonconforming status if the building or structure is removed. 3) Section 30-23-3 (A) 2 can be struck entirely. Two other sections of the zoning ordinance that contain a similar "fifty percent rule" will remain unchanged by these proposed amendments. Section 30-74-12 (A) 2 Existing Structures in Floodplain Areas regulates reconstructioh and alteration of structures in the floodplain. Section 30-93-11 (C) Nonconforming Signs limits replacement of nonconforming signs that are damaged to the extent exceeding fifty percent of its replacement value. The floodplain overlay district regulations are linked to federal floodplain regulation. The nonconforming sign regulations in Section 30-93-11 are distinctly separated from the nonconforming uses and structures, and apply only to signs, Section 30- 93-11 applies to on-premises and off-premises signs. STAFF CONCLUSIONS: Regulations limiting reconstruction of nonconforming uses have been included in the Roanoke County Zoning Ordinance for many years. Both the 1971 and 1987 zoning ordinances regulated restoration and replacement of nonconforming uses, buildings and structures. In those previous ordinances, a conforming structure devoted to a nonconforming use damaged less than fifty percent was allowed to be restored. A nonconforming structure damaged less than seventy five percent was allowed to be restored. The 1992 zoning ordinance was revised to the current standard. Determining the exact replacement value, and whether that value exceeds fifty percent of the original value of a structure, is a difficult task at best. Enforcing the regulations, for a family needing to rebuild a destroyed home, would be even more difficult. None of the current Community Development staff recalls the "fifty percent rule" ever being an issue, or being enforced, other than in the case of a structure in the floodplain. Staff recommends a favorable recommendation to the proposed amendments. CASE NUMBER: 1112001 PREPARED BY: David Holladay HEARING DATES: PC: 11/06101 BOS: 11/13101 2 f ~,~" Proposed Amendments to Section 30-23, Nonconforming Uses and Structures Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: 1. The use is not discontinued for more than two (2) years, or; 2. The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or; The buildings or structures containing the nonconforming use are maintained in their then structural condition. ~*** (E) Where nonconforming use status applies to a building or structure, removal of the building or structure, ~r a~m~^~ ~-^^^ ~ ~ +„ ., ~+o„+ „~,r,~+,~.,,, ~~., rc~ ar+ „~-,.o„i.,,,or,.,or+ ~,.~+ .,+ +,,o +;,,.,o ~~+~,o a.,,,,.,~.o shall eliminate the nonconforming status of the building or structure or land. **** Sec. 30-23-3. Nonconforming Buildings and Structures. (A) Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure maybe continued so long as it remains otherwise lawful provided: No building or structure shall be enlarged in any way which increases or extends its nonconformity. -p~E£$t -6~-r 2pT000°czir2~i~cv=ac-aft~G''-rrrrrc-vramrrabc,-srrcctr-oc Z VVVZZULZ UVGV<Z V ZLLIZV~i. 3 Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved. 7=S AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOICE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER i3, 2001 ORDINANCE AMENDING THE ROANOKE COUNTY ZONING ORDINANCE, SECTION so-2s. "NONCONFORMING USES AND STRUCTURES" BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia as follows: That Section 30-23. "Nonconforming uses and structures" of the Roanoke County Zoning Ordinance be, and hereby is, amended to read and provide as follows: **** Sec. 30-23-2. Nonconforming Uses of Buildings, Structures or Land. (A) Where, at the effective date of this ordinance, or amendment thereto, lawful use exists of buildings, structures or land, individually or in combination, which use is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued provided: The use is not discontinued for more than two (2) years, or; 2. The use is not converted or replaced, in whole or in part, by a use permitted in the district regulations, or; 3. The buildings or structures containing the nonconforming use are maintained in their then structural condition. /-~ > > > > > > **** (E) Where nonconforming use status applies to a building or structure, removal of the building or structur , shall eliminate the nonconforming status of the building or structure or land. **** Sec. 30-23-3. Nonconforming Buildings and Structures. (A) Where a lawful building or structure exists at the time of passage or amendment of this ordinance, which could not be built under the terms of this ordinance by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building or structure maybe continued so long as it remains otherwise lawful provided: 1. No building or structure shall be enlarged in any way which increases or extends its nonconformity. .~~ ~2. Any building or structure which is moved for any reason or for any distance, shall thereafter conform to the regulations for the district in which it is located after it is moved. 2. That this ordinance shall be effective from and after its passage. U:\WPDOCS\AGENDA\CODE\Nonconforming fifty percent2.doc AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, NOVEMBER 13, 2001 RESOLUTION 111301-13 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 2.2-3712 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 Church to adopt the Certification Resolution, and carried by the following recorded vote: AYES: Supervisors McNamara, Church, Nickens, Minnix NAYS: None ABSENT: Supervisor Johnson cc: File Closed Meeting File A COPY TESTE: y'yl...~~.. ~, Q~c.-eQ-~ Mary H. Allen, CMC Clerk to the Board of Supervisors O~ ROANp~~ L ti , ~ 2 ` ' G1 ~ 2 1838 P.O. BOX 29800 5204 BERNARD DRIVE MARY H. ALLEN, CMC ROANOKE, VIRGINIA 2401 8-0798 BRENDA J. HOLTON CLERK TO THE BOARD (540) 772-2005 DEPUTY CLERK Internet E-Mail: mallen@www.co.roanoke.va.us FAX (540) 772-21 93 Internet E-Mail: bholton@www.co.roanoke.va.us November 14, 2001 Mr. Danial Morris, Director Finance Department P. O. Box 29800 Roanoke, VA 24018 Dear Mr. Morris: I am pleased to inform you that, at their meeting held on Tuesday, November 13, 2001, the Board of Supervisors voted unanimously to appoint you as a member of the Roanoke Valley Resource Authority to complete the unexpired four year term of Diane Hyatt. This term began on December 31, 1998, and will expire on December 31, 2002. State law provides that any person elected, re-elected, appointed, or re-appointed to any public body be furnished a copy of the Freedom of Information Act. Your copy is enclosed. State law requires that you take an oath of office before the Clerk of the Roanoke County Circuit Court. This oath must be administered prior to your participation on this Board. Please telephone Steven A. McGraw, at 387-6205, to arrange to have this oath administered, and Mr.'McGraw has asked that you bring this letter with you. • 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 Enclosures cc: John Hubbard, CEO, RVRA Steven A. McGraw, Clerk, Circuit Court ® Recycled Paper O~ pOANp~~ ti z c~ a= C~~~xx~~ ~~ .~~xx~~.~.~e 1838 P.O. BOX 29800 MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen~a 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 November 14, 2001 Ms. Wendi Schultz Roanoke County Parks, 1206 Kessler Mill Road Salem, VA 24153 Dear Ms. Schultz: Recreation & Tourism I am pleased to inform you that, at their meeting held on Tuesday, November 13, 2001, the Board of Supervisors appointed you to the Southwest Development Financing, Inc. Board of Directors for atwo-year term. You will be serving the unexpired portion of Pete Haislip's term which will expire on January 12, 2002. 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 bjh Enclosures cc: Mr. Fred W. Parker, Chairman, Board of Directors Southwest Development Financing, Inc. P. O. Box 983 Marion, VA 24354 ® Recycled Paper Brenda Holton - Re: Nash Ord additional condition Page 1 From: Janet Scheid To: BHOLTON@co.roanoke.va.us Date: 11 /16/01 10:07AM Subject: Re: Nash Ord additional condition Looks good to me. thanks. Janet Scheid, Chief Planner County of Roanoke Department of Community Development P.O. Box 29800 Roanoke, VA 24018 jscheid@co.roanoke.va.us 540/772-2094 »> Brenda Holton 11/15/01 09:16 AM »> Janet, Mary said that they added a condition to Nash ordinance last night. ordinance as condition #4. "Manure will be removed on a weekly basis." Please let me know if you think this is OK. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us We propose to add to the \~~jl t_77)~,~ Sri ~/ ~ ~ ~~~~ '~ ;,_„- i i v~s•~,t nia~~t.v~~~•~~t. ti~~>. i Finraslle. A'ii,mila 3~IUSN1 Pay ;S~II)) ~I ~:)-J~~?5 Rua rd of SuF~crvisnts w.c i.~,ui~,• c;~t«r.,,,un s.i~ c~mtnn Vim Cltnunuur l'l.. Auuut Ronnie R. A4;n~o \V:uula C- AV~in~o Botc~t~~lirt C<~u>>ty, ~~'ir~i>>ia Office ~~f ~~hc C~~rr~ltr/ A~l»~i~~i.5~fr~ifn~- October 23, 2001 Ms. Darlene Burcham Roanoke City Manager 215 Church Avenue, SW, Room 364 Roanoke, VA 24011-1591 Mr. B. Clayton Goodman, III Vinton Town Manager 311 S Pollard Street Vinton, VA 24179 Dear Darlene and Gentlemen: Mr. Elmer Hodge Roanoke County Admin. P. O. Box 29800 Roanoke, VA 24018-0798 At their October 16, 2001 meeting, the Botetourt County Board of Supervisors approved the Roanoke Valley Regional Pound Facility Services Agreement as proposed. I have been authorized to execute the agreement subject to final review and approval by the County Attorney. I know there are concerns about costs and I certainly want to minimize them to the extent feasible. On the other hand, this is a project greatly needed and I hope we can move for- ward with it soon. Sincerely, Gerald A. Burgess County Administrator cc: William L. Heartwell, III, County Attorney Ned McElwaine, Deputy County Administrator Mary Allen - 11/13 Legal Notices From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 10/26/01 2:36PM Subject: 11/13 Legal Notices -Reply Runs Oct. 30 & Nov. 6 -cost $137.94... LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Star City Church of Christ to obtain a Special Use Permit for 8.91 acres for a religious assembly located at Va. Rte. 311/Laurel Mountain Road intersection, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board (1785290) Page 1 Mary Allen - 11/13 Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 10/26/01 2:26PM Subject: 11/13 Legal Notices -Reply Here is another ad for you that runs Oct. 30 & Nov. 6 -cost $125.40... thanks LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Stephen D. and Ruth E. Nash to obtain a Special Use Permit for 11.71 acres for a private stable located at 4911 Poor Mountain Road, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board (1785248) ~L Mary Allen - 11/13 Legal Notices -Reply _ Page 1 ~ From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 10/26/01 2:31 PM Subject: 11/13 Legal Notices -Reply Ad runs Oct. 30 & Nov. 6 -cost $133.76.... LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board (1785264) Mary Allen - 11/13 Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 10/26/01 2:34PM Subject: 11/13 Legal Notices -Reply RUNS OCT 30 & NOV 6 -cost $129.58 LEGAL NOTICE ~ROANOKE COUNTY ABOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-23, Non-Conforming Uses and Structures. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board (1785275) LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Windsor House, Inc. to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, October 30, 2001 Tuesday, November 6, 2001 Direct the bill for publication to: Mary H. Allen, Clerk to the Board Roanoke County Board of Supervisors 5204 Bernard Drive Roanoke, VA 24018 (540) 772-2068 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board 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, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Stephen D. and Ruth E. Nash to obtain a Special Use Permit for 11.71 acres for a private stable located at 4911 Poor Mountain Road, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, October 30, 2001 Tuesday, November 6, 2001 Direct the bill for publication to: This is a private citizen, who will be contacting you for payment after October 26, 2001. Stephen D. & Ruth E. Nash 4911 Poor Mountain Road Salem, VA 24153 (540) 380-4054 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 2 LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board Of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Star City Church of Christ to obtain a Special Use Permit for 8.91 acres for a religious assembly located at Va. Rte. 311/Laurel Mountain Road intersection, Catawba Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, October 30, 2001 Tuesday, November 6, 2001 Direct the bill for publication to: Star City Church of Christ P.O. Box 7321 Roanoke, VA 24019 (540) 563-5678 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board 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, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of the Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-92 Screening, Landscaping, and Buffer Yards. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, October 30, 2001 Tuesday, November 6, 2001 Direct the bill for publication to: Roanoke County Community Development Planning & Zoning Division 5204 Bernard Drive Roanoke, VA 24018 (540) 772-2068 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 LEGAL NOTICE ROANOKE COUNTY 4 BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Roanoke County Planning Commission to amend the Roanoke County Zoning Ordinance, Section 30-23, Non-Conforming Uses and Structures. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board Please publish in the Roanoke Times Tuesday, October 30, 2001 Tuesday, November 6, 2001 Direct the bill for publication to: Roanoke County Community Development Planning & Zoning Division 5204 Bernard Drive Roanoke, VA 24018 (540) 772-2068 SEND ORIGINAL AFFIDAVIT OF PUBLICATION TO: Mary H. Allen Clerk to the Board P. O. Box 29800 Roanoke, VA 24018 Mary Allen - 11/13 Legal Notices -Reply Page 1 From: Legals Staff <legals@roanoke.com> To: <MALLEN@co.roanoke.va.us> Date: 10/26/01 1:30PM Subject: 11/13 Legal Notices -Reply Here is one of your ads: Runs Oct. 30 & Nov. 6 -cost $146.30.... thanks, martha LEGAL NOTICE ROANOKE COUNTY BOARD OF SUPERVISORS The Roanoke County Board of Supervisors will hold a public hearing at 7 p.m. on Tuesday, November 13, 2001, in the Board Meeting Room of the Roanoke County Administration Center, 5204 Bernard Drive, Roanoke, VA, on the petition of Windsor House, Inc. to rezone .398 acres from R-1 Residential District to C-1 Office District with conditions for expansion of a medical clinic and related parking, located at 3500 block of Pinevale Road, Windsor Hills Magisterial District. A copy of this application is available for inspection in the Department of Community Development, 5204 Bernard Drive, Roanoke, VA. Dated: October 26, 2001 Mary H. Allen, CMC Clerk to the Board ( 1785237) Elmer Hodge -Land for Sale... C `~ h, From: <Dreamahf@cs.com> To: <ehodge@co.roanoke.va.us> Date: 10/15/01 1:36PM Subject: Land for Sale... Mr. Hodge, i talked with you sometime back about the property that 1 own adjoining Camp Roanoke. At that time 1 told you the price was $500,000. and I would finance approximately 50% of that. If I remember correctly it was rejected by the Board and/or others in authority. I have spoken to Wachovia Bank who has a 1st Deed of Trust, about the possibility of owner finance when I get a qualified buyer. They are in agreement and will work with me on the financial end. If Roanke County is interested in this property 590 +/- acres in Dry Hollow adjoining Camp Roanoke, I will accept $350,000. and offer owner finance with $50,000. down payment and the balance due on terms to be negotiated s~ as t^ be suitable and agreeable to all parties involved. I can be reached at: email address dreamahf@cs.com home phone 540-380-2298 cell phone 540-520-6805 Thank you , Dreama Henderson Freeman ,~~,~~Q~ ~l ~ ~~~ ~ ' •~, jpF I ~.~ ~~ Page 1 Mary Allen -Fwd: Travel Assistance Requests .. ~. From: Elmer Hodge To: Mary Allen Date: 8/10/01 8:23AM Subject: Fwd: Travel Assistance Requests Mary this needs to be on the agenda as a report. Thanks Elmer Hodge ~/~~/O ~ Roanoke County Administrator 540-772-2004 ..~ v 1 :_, • Page 1 Mary Allen -Travel Assistance Requests _ Page 1 From: Brenda Holton To: Elmer Hodge Date: 8/9/01 9:06AM Subject: Travel Assistance Requests Mr. Hodge, in looking over my notes from last week, you suggested that we might put something on the agenda or write a memo to inform the Board about the two checks which were written per the travel policy. The policy said $300 for teams and I believe Wanda said that Pete wanted to raise the amount for teams to $500 but not sure if you want to do anything about it now. Please let me know how you want to handle this. Thanks, Brenda J. Holton Deputy Clerk Roanoke County Board of Supervisors 540-772-2005 bholton@co.roanoke.va.us CC: Mary Allen; Wanda Riley ~"~ ~ - TRANSMIT MESSAGE CONFIRMATION REPORT ~ i NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:11/09'01 15:4b TRANSMIT: 9P853P1138 DURATION ~ PAGE SESS RESULT ~ TYPE MEMORY TX ~ MODE ~ E- 14 ~ 01'13 ~ 03 ~ 970 ~ OK ~ _._ FAX S H E E T Clerk to the Bpard To: Darlene Burcham, fax no. 853-1138 Ji.m Wade, fax no. 561-1448 Tax #: Subj: Roanoke County Board Report -Advance Stores Date: November 9, 2001 Pages: 3 (in.cludc cover) COMMENTS: Attached is a Board Report eoncernin.g execution. of documents concerning Advance Stores. County Administrator 1/lmer Hodge and. I/conomic Development Director Doug Chittum requested that I fax each of you a copy. The issue will be discussed in. Closed Meeting and will be considered at the Board of Supervisors 7:00 p.m. session on Novcm.ber 13. If. you b.ave an.y questions, please call Mr. Dodge at 772-2004 or Doug Chittum at 772-2069. From the desk af... Mary H. Allen, CMC/AAE Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 2018 Phone: 540-772-2003 Fax: 540-772-2193 ,, • TRANSMIT MESSAGE CONFiRMATiON REPORT ~ ~ NAME:RKE BOARD SUPERVISOR TEL :540 772 2193 DATE:11/09'01 16:07 TRANSMIT: 9P561P1448 DURATION ~ PAGE SESS RESULT ~ TYPE MEMORY TX ~ MODE ~ 14 ~ ~ i i i 01'29 ~ 03 ~ i i 971 ~ i OK ~ i FAX s Ht E ~ T Clerk. to the Board To: Daxl.ene Burcham, fax no. 853-1 I38 Jim Wade, fax no. 561-1448 Fax #: Subj: Roax1oke County Board Report -Advance Stores Date: November 9, 2001 Pages: 3 (i.ncl.ude cover.) COMMENTS: Attached is a Board R.epoxt concern.i.n.g execution. of documents concerning Advance Stores. County Administrator. Elmer Dodge and i/eonomie Development Director Doug Chittum requested. that I fax each of you a copy. The issue will be di.scusscd in Closed Meeting anal will. be considered at the Board of Supervisors 7:00 p.rn. session. on November. 1.3. if you have an.y questions, please call Mr.. ~odgE at 772-2004 or Doug Chittum at 772-2069. From the desk of.., Mary H. Allen, CMC/AAE Clerk to the Baard County of Rpanake P. O. Box 29800 Roanoke, VA 24018 Phone: 540-772-2003 Fax: 540-772-2193 C O V E R FAX S H E E T Clerk to the Board To: Darlene Burcham, fax no. 853-1138 Jim Wade, fax no. 561-1448 Fax #: Subj: Roanoke County Board Report -Advance Stores Date: November 9, 2001 Pages: 3 (include cover) COMMENTS: Attached is a Board Report concerning execution of documents concerning Advance Stores. County Administrator Elmer Hodge and Economic Development Director Doug Chittum requested that I fax each of you a copy. The issue will be discussed in Closed Meeting and will be considered at the Board of Supervisors 7:00 p.m. session on November 13. If you have any questions, please call Mr. Hodge at 772-2004 or Doug Chittum at 772-2069. From the desk of... Mary H. Allen, CMC/AAE Clerk to the Board County of Roanoke P. O. Box 29800 Roanoke, VA 24018 Phone: 540-772-2003 Fax: 540-772-2193 ROANOKE VALLEY REGIONAL POUND FACILITY SERVICES AGREEMENT THIS SERVICES AGREEMENT ("Agreement"), is made and entered into this day of November, 2001, by and between the CITY OF ROANOKE, VIRGINIA, the TOWN OF VINTON, VIRGINIA, the COUNTY OF ROANOKE, VIRGINIA, the COUNTY OF BOTETOURT, VIRGINIA, each of which is a political subdivision of the Commonwealth of Virginia (each a "Participating Locality" and collectively, the "Participating Localities"), and the ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC., (the "RVSPCA"). WHEREAS, the RVSPCA has been operating the existing pound facility for many years, and has hou~~a ~~~~a ~^r ~~~~~P~ ~f and offered for adoption animals from several local governmen- ~. ~ Ong all of that period due to the fact that sa . ~• ~ ~~ ~ a ` ~ ~ ~ z~ ~ ~rhich to house said animals; and ~ ~` '~' WHEREAS, the r t:r` ~.~-• ~ ~ ,~ ~ ~ ~ x' t of animals running at lar e and released in ~< ~ , .t+ ~,h ~ ~ ~` ~~~" ~ = ~~ ~ ~ itin Localities is an g ~ /'"`` g essential service which . ~~'~°~-: ~~ ~ ~ ~ ~ ~ -~ ing Localities and is T ~ Ie of Vir inia 1950 necessary pursuant to tl . ~,~'~'evyr~ ~~., o .f g~ ( , as amended) and local :~ 'r, ~' :_~ WHEREAS, tr '. `~~~` ~~u~ '~~~``~7f` ' ., to the point that the existin ound facilit ~ ` ~ r; ' '~ - ~ U ,' ~ `' ~ - gating Localities; and i ~~~ ,4. ~ a i~` :?~ WHEREAS, it : ~, ~~1 ~~'. - : ; ~+~~ ~ ~~~ ~ ~ ` nt that the RVSPCA erect a new pound face ''' T, ~ ~ n~.?- ;ed by the RVSPCA; acid `~+ cw ~ ~ ~ .~ F t ,, ~,~ ;, r WHEREAS, tr ~; k'~~'~~~'" '~`~'~/ `' ~~ ~ ~,::~ ` ' a Service Agreement with the RVSPCA goy •s~.isc~a' •' s ~~ ,~~~ - . ` 'fore, during and after ~~e~ construction of the Nei ;~~ ~ ~~`~~~' T ~~ '~'~' WHEREAS, tl ~ . ~ ~ ~ ~,; ~ ; ; !, ' '~ -' ith a subcontractor to ,. ;. operate the New Pounc ,' z ^~i. - ~ _ ~. _ WHEREAS, ~ ` ` ? 'x~ _ ities desire to work ;y ... . together, with approva~ u~~~ „~ ~~~r... _..,:__ ~_ _ _. ~ 'n furtherance of this Agreement. WITNESSTH: NOW THEREFORE IN CONSIDERATION of the mutual covenants herein contained and subject to the conditions herein set forth, the parties mutually covenant and agree as follows: ARTICLE I Definitions Section 1.1 Definitions The capitalized terms in this Agreement have the meanings set forth below unless the context otherwise requires: (a) Advisory Board -has the meaning set forth in Section 2.1. (b) Animals -has the meaning set forth in Section 3.1. (c) Annual Budget -has the meaning set forth in Section 7.1. (d) Applicable Laws -means all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all rules, regulations, orders, interpretations, licenses and permits of any federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority. (e) Authority -means the Industrial Development Authority of Botetourt County, Virginia. (f) Bonds -means the obligations issued by the Authority for the design, acquisition of the property, construction, equipping, financing and other costs of the New Pound Facility, including the Project Costs and Start Up Costs as well as refunding bonds and additional project bonds. (g) Cage -means the holding areas used for the Animals in the New Pound Facility. (h) Construction Costs -has the meaning set forth in Section 2.3. (i) Debt Service Reserve Fund -means the reserve fund established in Section 7.5. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. (j) Debt Service Component -means the portion of the Per Diem Charge that equals, in the aggregate for each Fiscal Year, the debt service on the Authority's Bonds or Notes for such Fiscal Year, plus the amount necessary during such period to fund or replenish the Debt Service Reserve Fund. (k) Expenses -means all expenses which may reasonably be determined by RVSPCA, subject to approval from the Advisory Board which approval shall not be unreasonably withheld, to be attributable directly or indirectly to the ownership or 2 operation of the New Pound Facility and payable as operating expenses in accordance with generally accepted accounting principles and shall also include debt service payments and other capital costs, required payments to the Reserve Funds and other reasonable or necessary payments required to comply with debt service coverage requirements imposed in connection with any Bonds. (1) Fiscal Year -means the annual accounting period from July 1 of one year to June 30 of the following year. (m) Maintenance Reserve Fund -means the reserve fund established in Section 7.4. This fund will not be capitalized in the borrowing for the New Pound Facility. (n) Net Expenses -means Expenses reduced by an amount equal to revenue from: (i) jurisdictions other than Participating Localities, (ii) reimbursements from the Commonwealth of Virginia, and (iii) any other revenue from sources other than Participating Localities. (o) New Pound Facility -means the new pound facility to be constructed and operated by the RVSPCA as provided herein. (p) Notes -means short-term obligations of the Authority including notes issued in anticipation of receipt of revenues or bond anticipation notes issued by the Authority. (q) Obligations -means the Notes or Bonds issued by the Authority. (r) Operating Component -means the portion of the Per Diein Charge that reflects Net Expenses for each Fiscal Year as set forth in the Annual Budget less the debt service and Debt Service Reserve Fund expenses reflected by the Debt Service Component. (s) Operating Reserve Fund -means the reserve fund established in Section 7.3. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. (t) Participating Localities -means the City of Roanoke, Virginia; the Town of Vinton, Virginia; the County of Roanoke, Virginia; and the County of Botetourt, Virginia, each a political subdivision of the Commonwealth of Virginia, and every other political subdivision that becomes a Participating Locality in the future pursuant to Article XIII of this Agreement. (u) Participating Locality Default -has the meaning given to such term in Section 16.2. 3 (v) Per Diem Charge -means the uniform daily charge to each Participating Locality for the use of a Cage in the New Pound Facility for a day or any portion of a day as set forth in Section 7.1.1. (w) Placed in Service -means the first day a certificate of occupancy is issued for the New Pound Facility and the New Pound Facility is approved by the applicable local governmental authorities for use by the RVSPCA. (x) Project Costs -means reasonable and necessary costs incurred by the RVSPCA in connection with the New Pound Facility including, but not limited to, architect fees, engineering fees, legal fees, needs assessment costs, personnel costs incurred during construction until the New Pound Facility is completed, survey costs, design costs, financial service fees, and initial operating expenses of the New Pound Facility including the establishment of the Debt Service and Operating Reserve Funds. (y) Proportionate Share -means the portion of the Annual Budget allocable to each Participating Locality which shall be calculated by multiplying the Annual Budget by the Use Percentage for a Participating Locality. (z) Reserve Funds -means, collectively, the Debt Service Reserve Fund, the Maintenance Reserve Fund and the Operating Reserve Fund. (aa) RVSPCA Default -has the meaning given to such term in Section 16.1. (bb) Start Up Costs -means reasonable and necessary costs to open the New Pound Facility including, but not limited to, personnel costs incurred after construction is completed and before the New Pound Facility opens, utility costs and the like used in setting up the New Pound Facility for operation. (cc) Use Percentage -means the percentage of each Participating Locality's historical pro-rata use of the regional pound facility as set forth and determined in accordance with Schedule A. Article II Preliminary Responsibilities Section 2.1 Advisory Board Responsibilities 2.1.1 Upon execution of this Agreement, an Advisory Board shall be formed. Members of the Advisory Board are the RVSPCA, any approved subcontractor, if one is retained, and the Participating Localities. The Advisory Board shall consist of two representatives appointed by the RVSPCA, a representative appointed by any approved subcontractor retained by the RVSPCA to operate the New Pound Facility, and one representative appointed by each of the four Participating Localities. If the RVSPCA 4 does not retain a subcontractor to operate the New Pound Facility, the RVSPCA shall appoint three representatives. Each representative shall serve at the will of the appointing member and may be summarily removed by the member, at any time, with or without cause. Additionally, the Executive Director of the RVSPCA shall serve as an ex-officio non-voting representative to the Advisory Board. The Advisory Board shall be responsible for general fiscal and management policy for the New Pound Facility and accordingly shall have the following duties: (a) To hold regular meetings: (i) to facilitate communications between the RVSPCA, any approved subcontractor operating the New Pound Facility and the Participating Localities; (ii) to provide advice in furtherance of this Agreement; and (iii) to consider matters for approval when required by this Agreement. (b) To consider for approval: (i) the final design, construction and equipping of the New Pound Facility; (ii) the employment and procurement of administrators; (iii) the initial adoption (prior to the New Pound Facility being Placed in Service) of rules, regulations, policies and guidelines for the operation and maintenance of the New Pound Facility; and (iv) the arrangements for financing the construction of the New Pound Facility. The RVSPCA may make changes in the design, construction and equipping of the New Pound Facility without the approval of the Advisory Board provided that: (i) such changes are minor and consistent with the original design and plans for the New Pound Facility; and (ii) each single change does not exceed Twenty Five Thousand Dollars ($25,000.000) in amount: and (iii) the aggregate amount of all changes that are not approved by the Advisory Board does not exceed One Hundred Thousand Dollars ($100,000.00). (c) To consider for approval any subcontractors, other than Animal Care Services, Inc., pursuant to Section 2.5. (d) To consider for approval the hours of operation for the New Pound Facility pursuant to Section 4.1.3. (e) To receive, review, and consider reports received by it from the RVSPCA pursuant to Section 4.1.15. (f) To receive, review, and consider for approval, which approval shall not be unreasonably withheld, all material reports to be filed by the RVSPCA with any federal, state or local department and/or agency as provided in Section 4.1.16. (g) To provide input, advice and/or approval on a timely basis as required by Section 5.1.13 including, but not limited to, the approval of all material reports to be filed as set forth in Section 2.1.1(f) above. (h) To consider for approval the Annual Budget and the Per Diem Charge for the next Fiscal Year for the New Pound Facility as set forth in Section 7.1.1. 5 (i) To set the rate charged to other jurisdictions as provided in Section 7.2. (j) To consider for approval, any unbudgeted disbursements from the Maintenance Reserve Fund as provided in Section 7.4. (k) To receive, review and consider monthly financial reports received from the RVSPCA with regard to the New Pound Facility as provided in Section 4.1.6. (1) To review, beginning with the fourth year of operation of the New Pound Facility and every three years thereafter, the usage criteria for the most recent three-year period and, if necessary, revise the Use Percentages as provided in Schedule A. 2.1.2 Except for the suspension of the voting rights of a representative of a Participating Locality that has failed to pay two or more payments (as discussed in Section 5.1.6), each representative shall have one vote on each matter coming before the Advisory Board. A Participating Locality whose representative's voting rights have been suspended may have its representative's voting rights reinstated immediately upon payment of all past due monthly installments of its Proportionate Share. Any representative entitled to vote and who is not present at a meeting may still vote on any matter by general or specific proxy or by specific instructions in writing. A quorum for the transaction of any particular business at a meeting of Advisory Board representatives shall exist if a majority of the representatives eligible to vote are present in person or represented by proxy or other written instruction. Except as otherwise provided herein, action of the Advisory Board shall be by majority vote of all the representatives eligible to vote. 2.1.3 Meetings of the Advisory Board shall be called at places within the Commonwealth of Virginia and at times fixed by resolution of the Advisory Board or upon call of the Chairman or a majority of the representatives. Representatives of the Advisory Board may participate in a meeting of the Advisory Board by, and the Advisory Board may conduct meetings through the use of, any means of communication whereby all persons participating in the meeting can simultaneously hear each other and participation at such meetings shall constitute presence in person at such meeting. A written record shall be made of any action taken at a meeting conducted by such means of communication. The order of business at a regular meeting shall be as follows: (a) roll call; (b) approval of minutes of the previous meeting; (c) public information period; (d) unfinished business; and (e) new business. 2.1.4 The Secretary or any representative performing the Secretary's duties shall give not less than 72 hours' notice in person or by letter or telephone, telegraph, teletype, or other form of wire or wireless communication of all meetings of the Advisory Board, provided that notice need not be given of regular meetings held at times and places fixed by resolution of the Advisory Board. Oral notice is effective when communicated if communicated in a comprehensible manner. Written notice is effective at the earliest of the following: (i) when received; (ii) three days after deposit in the United States mail, as evidenced by the postmark, if mailed post-paid and correctly addressed; (iii) on the date 6 shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee. Meetings may be held at any time without notice if all the representatives are present, or those not present waive notice as provided in Section 2.1.6 hereof. Notice of meetings of the Advisory Board need not state the purpose of the meeting. Notwithstanding anything contained in this Section 2.1.4 to the contrary, a mandatory fifteen (15) day prior written notice of an Advisory Board meeting shall be provided by the Secretary or any representative performing the Secretary's duties to all Advisory Board representatives if the following items are discussed and voted upon at the Advisory Board meeting: (a) a change in the Annual Budget; (b) a change in the Per Diem Charge; or (c) use of Reserve Funds except in a manner provided for in the Annual Budget previously approved by the Advisory Board. 2.1.5 Any action that may be taken at a meeting of the Advisory Board may be taken without a meeting if one or more unanimous consents in writing, setting forth the actions that are taken, are signed either before or after such action by all of the Advisory Board representatives eligible to vote. The signed consents shall be delivered to the Secretary or other representative performing such duties for inclusion in the Advisory Board's records. Such actions shall be effective when the last representative signs the consent, unless the consent specifies a different effective date in which case the action taken shall be effective on the date specified therein. Any such consent shall have the same force and effect as a unanimous vote of the representatives. 2.1.6 A representative may waive any notice required by this Agreement before or after the date and time stated in the notice and such waiver shall be equivalent to the giving of such notice. Except as provided in the next sentence hereof, the waiver shall be in writing, signed by the representative entitled to the notice and filed with the Advisory Board records. A representative's attendance at or participation in a meeting waives any required notice to the representative of the meeting unless the representative at the beginning of the meeting or promptly upon his or her arrival objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or consent to action taken at the meeting. 2.1.7 A representative who is present at a meeting of the Advisory Board when an Advisory Board action is taken is deemed to have assented to the action taken unless: (a) the representative objects, either at the beginning of the meeting or promptly upon his or her arrival, to holding the meeting or transacting specified business at the meeting; or (b) the representative votes against, or abstains from, the action taken. The Secretary or any other representative performing the Secretary's duties shall maintain accurate records of all votes of the Advisory Board. 2.1.8 Third parties dealing with the Advisory Board shall be entitled to rely conclusively upon the power and authority of the representatives as set forth herein, subject only to the express limitations set forth in this Agreement or by law. 2.1.9 The Advisory Board shall elect a Chairman, a Vice Chairman and a Secretary from the representatives appointed by its members. They shall hold office until 7 his or her successor is elected or he or she resigns, unless sooner removed from office as provided in Section 2.1.11. Following the initial election of officers, officers shall be elected at the regular meeting of the Advisory Board in June of each year. Officers shall serve for a term of one Fiscal Year. Officers may be re-elected to more than one term. 2.1.10 Any officer of the Advisory Board may be removed from their officer position summarily, with or without cause, at any time, by the Advisory Board. Officer vacancies may be filled by the Advisory Board. 2.1.11 The Chairman shall preside over all Advisory Board meetings and shall appoint from time to time such committees as he or she may deem appropriate. In addition, the Chairman shall perform such other duties as may be assigned to him or her from time to time by the Advisory Board including, but not limited to, providing monthly reports to the Advisory Board. 2.1.12 The Vice Chairman shall preside at all meetings of the Board when the Chairman is not in attendance and shall have such other powers or duties as may be assigned to him or her from time to time by the Advisory Board. 2.1.13 The Secretary shall act as secretary of all meetings of the Advisory Board. The Secretary shall prepare and preserve the minutes of all such meetings in permanent books. Copies of the minutes of a meeting shall be mailed to each representative prior to the next meeting of the Advisory Board. He or she shall see that all notices that are required to be given by the Advisory Board are duly given and served; shall have custody of all important Advisory Board documents; shall have charge of the books, records, and papers of the Advisory Board and shall in general perform all the duties incident to the office of Secretary and such other duties as from time to time may be assigned to the Secretary by the Advisory Board. Section 2.2 RVSPCA Preliminary Responsibilities Before the New Pound Facility is Placed In Service, the RVSPCA shall be responsible, subject to approval by the Advisory Board as provided in Section 2.1.1(b), for: (i) the final design, construction and equipping of the New Pound Facility; (ii) the employment and procurement of administrators; (iii) the initial adoption of rules, regulations, policies and guidelines for the operation and maintenance of the New Pound Facility; and (iv) the arrangements for financing the construction of the New Pound Facility. Section 2.3 Agreement to Finance The total costs for the acquisition of property for, design, construction and equipping of the New Pound Facility (the "Construction Costs") as well as the Project Costs and Start Up Costs are not to exceed $3,600,000.00. The RVSPCA intends to finance the cost of the purchase of the property for the New Pound Facility, the construction of the New Pound Facility, the equipping of the New Pound Facility, the 8 Project Costs and Start Up Costs incurred by the RVSPCA, including expenses associated with the financing, through the issuance by the Authority of Bonds or other indebtedness. In addition, in advance of the issuance of Bonds or other indebtedness, the Authority may issue bond anticipation notes or other short-term obligations. Section 2.4 Reimbursement to RVSPCA for Project Costs and Start Up Costs To the extent the RVSPCA is not reimbursed from the financing proceeds (as set forth in Section 2.3), RVSPCA shall be reimbursed by the Participating Localities for the Project Costs and Start Up Costs it has incurred, not to exceed a total of $440,000.00 subject to appropriation, within thirty (30) days after written request from RVSPCA. Each Participating Locality shall pay a portion of the total Project Costs and Start Up Costs equal to its Use Percentage multiplied by the total amount. Section 2.5 Operational Control, R~ht to Subcontract Subject to the provisions of this Agreement including without limitation the input and approval roles of the Advisory Board, RVSPCA and their approved subcontractors shall be responsible for the day to day management and operation of the Pound Facility. Throughout the term of this Agreement, RVSPCA may subcontract with Animal Care Services, Inc., a wholly owned subsidiary ("ACSI"), and, subject to the approval of the Advisory Board, with any Participating Locality, private person or other entity for management oversight, financial, personnel, engineering, procurement, legal or other services upon terms and conditions to be agreed upon between the RVSPCA and the service provider provided, however, that RVSPCA will not take any action or omit to take any action which would adversely affect the tax exemption discussed in Article XII. ARTICLE III Acceptance of Animals Section 3.1 Acceptance of Animals Immediately after the New Pound Facility is Placed In Service, the RVSPCA, which may act through ACSI or another approved subcontractor, shall be responsible for: (i) accepting, housing in Cages and caring for cats, dogs and all other animals that the New Pound Facility is equipped to handle as mutually agreed upon by RVSPCA and the Participating Localities (the "Animals") and which are delivered to the New Pound Facility by any representative of the Participating Localities authorized by the Participating Localities to confiscate such Animals for impoundment; (ii) receiving and housing in Cages stray Animals as turned in by residents of the Participating Localities who are not the owner of the Animal ("Stray Animals"); and (iii) receiving and housing in Cages Animals turned in by residents of the Participating Localities who are the owner of the Animal ("Owner Release Animals"). 9 ARTICLE IV The RVSPCA Responsibilities Section 4.1 RVSPCA Obligations In addition to any other conditions contained herein, the RVSPCA agrees: 4.1.1. To either: (i) transfer Animals to the shelter (also run by the RVSPCA) for adoption; or (ii) to hold Animals in the New Pound Facility for the statutorily required time period, or as otherwise requested by the Participating Locality, until transfer to the shelter or redemption; or, (iii) acting through ACSI or another approved subcontractor,. to euthanize all Animals not transferred or redeemed, pursuant to the Applicable Laws of the Participating Localities and the Commonwealth of Virginia and in compliance with all other Applicable Laws promulgated by agencies responsible for the oversight of such facilities and operation including, but not limited to, the United States Drug Enforcement Administration, the Virginia Department of Health and the Virginia Department of Agriculture and Consumer Services. Any Animal held in the New Pound Facility, at the request of the RVSPCA or any subcontractor, for more than three days beyond the statutorily required time period or other period requested by the Participating Locality, shall be held at the expense of the RVSPCA and subject to the availability of space. 4.1.2. Acting through ACSI or another approved subcontractor, to provide controlled drugs for euthanasia to be performed in the New Pound Facility and to obtain and maintain all applicable licenses and documentation required by the Virginia Board of Pharmacy and the United States Drug Enforcement Administration. 4.1.3. Subject to the approval of the Advisory Board, to maintain and publicize appropriate hours of operation at the New Pound Facility for the public and for the impoundment of Animals and as required by Applicable Laws; provided, however, that the New Pound Facility may be closed at such times deemed by RVSPCA to be appropriate and compatible with the sound operation of the New Pound Facility. 4.1.4. The RVSPCA shall maintain hazard, liability or such other insurance as inay be required by Applicable Laws, by this Agreement, or which the RVSPCA may deem advisable. During the life of this Agreement, the RVSPCA, and any and all subcontractors (including ACSI), shall maintain insurance with a company licensed to transact business in the Commonwealth of Virginia and approved by the Participating Localities, which approval shall not be unreasonably withheld or delayed, and shall furnish the Participating Localities with certificates of insurance which shall also include insurance deductibles, if applicable. With respect to the Commercial General Liability coverage, the certificates shall name the Participating Localities, their officers, agents and employees, and volunteers as additional insured parties, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. With respect to Workers' Compensation coverage, if 10 applicable, the RVSPCA's insurance company and the approved subcontractor's insurance company shall waive rights of subrogation against the Participating Localities, their officers, agents and employees and volunteers. At a minimum, such insurance shall include the following: A. Commercial General Liability: $1,000,000.00 1. $1,000,000.00 General Aggregate Limit (other than Products/Completed Operations). 2. $1,000,000.00 Products/Completed Operations Aggregate Limit. 3. $1,000,000.00 Personal Injury and Advertising Injury Liability (including liability for slander, libel, and defamation of character). 4. $1,000,000.00 each occurrence limit (including contractual). B. Workers' Compensation: statutory coverage for Virginia Employer's Liability: 1. $200,000.00 Bodily Injury by Accident each Occurrence. 2. $500,000.00 Bodily Injury by Disease Policy Limit. 3. $200,000.00 Bodily Injury by Disease each Employee. C. The above limit amounts may be met by an umbrella liability policy following form of the underlying primary coverage in a minimum amount of $1,000,000.00. D. Proof of Insurance Coverage: 1. The RVSPCA shall furnish the Participating Localities with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: "Should any of the above described policies be canceled before the expiration date thereof, the issuing company shall provide 30 days written notice to (fill in Participating Localities Contact Person's Name, Title, Address)." 4.1.5. To maintain accurate written accounts of all Animals impounded, on behalf of the Participating Localities, and delivered to the New Pound Facility by the Participating Localities or Stray Animals and Owner Release Animals delivered to the New Pound Facility by citizens of the Participating Localities and the Cages used to house such Animals. 4.1.6. To provide monthly financial reports to the Advisory Board, in a mutually agreed upon form, and to permit authorized representatives of the Participating Localities to inspect the New Pound Facility's records during regular, posted office hours with prior written notice of at least forty-eight (48) hours. 11 4.1.7. To carry out all procedures at the New Pound Facility required by Applicable Laws with respect to any impounded Animal which has bitten a person or which is to be held for a trial or hearing. With respect to any bite or injury not occurring at the New Pound Facility, RVSPCA is not required to perform any investigative services to obtain information regarding the incident itself. 4.1.8. To allow access to the New Pound Facility twenty-four (24) hours per day, seven (7) days a week to authorized law enforcement officers. 4.1.9. To allow the Participating Localities to park necessary assigned law enforcement vehicles, as well as such officers' personal vehicles, on the New Pound Facility's premises at the Participating Localities' and the personal vehicle owner's own risk. 4.1.10. Acting through ACSI or another approved subcontractor, to provide for the lawful disposal of euthanized Animals. 4.1.11. To provide reasonable office space for animal control and law enforcement personnel from the Participating Localities at no additional cost to the Participating Localities. 4.1.12. To provide regular maintenance and cleaning of all areas within the New Pound Facility, including unloading and impoundment areas. 4.1.13. Without the prior written consent of the Participating Localities and the holders of the Obligations, the RVSPCA will not sell, lease, sublease, assign, convey or otherwise voluntarily dispose of the New Pound Facility unless the Notes, Bonds, and any other Obligations issued for the New Pound Facility have been or will be paid or deemed defeased in accordance with the agreements pursuant to which they were issued and the term of this Agreement is over. 4.1.14. To collect any fees imposed by the Participating Localities consistent with current practice and remit such collected fees to the Participating Localities on a monthly basis by the tenth (lOt~') day of the following month to the person designated by each Participating Locality to accept such fees. 4.1.15. To provide to the Advisory Board, within one week of receipt, all reports regarding the New Pound Facility received by the RVSPCA from any federal, state or local department and/or agency including, but not limited to, the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Interior and the Virginia Board of Pharmacy. 4.1.16. To provide to the Advisory Board for review and approval prior to filing, all material reports to be filed by the RVSPCA with any federal, state or local department and/or agency including, but not limited to, the Virginia Department of Agriculture and Consumer Services, the Virginia Department of Interior and the Virginia Board of 12 Pharmacy regarding the New Pound Facility provided, however, that RVSPCA will file all reports on a timely basis. 4.1.17. To designate Advisory Board representatives and a person with whom communication is to be made pursuant to this Agreement. 4.1.18. To provide reasonable veterinary services for Animals that become injured or ill during confinement in the New Pound Facility in accordance with a mutually agreed upon procedure (including Participating Locality pre-approvals) and, once the applicable funds in the Annual Budget have been fully used, subject to reimbursement from the applicable Participating Locality in accordance with the agreed upon procedure. Critically injured or ill animals that arrive at the New Pound Facility shall be either: (i) stabilized and treated at the direction and expense of the applicable Participating Locality (and in accordance with a mutually agreed upon procedure); or (ii) euthanized at the direction of the Participating Locality. 4.1.19. RVSPCA and its subcontractors shall provide their services hereunder in a good and workmanlike manner. THIS IS THE EXCLUSIVE WARRANTY OFFERED BY RVSPCA AND ITS SUBCONTRACTORS AND IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ARTICLE V The Participating Localities Responsibilities Section 5.1 Partici~atin~ Locality Obligations In addition to any other agreements contained herein, each of the Participating Localities agrees: 5.1.1. Once the New Pound Facility is Placed in Service, each Participating Locality shall be liable to the RVSPCA for the Per Diem Charge for each Cage used for an Animal (including Stray Animals and Owner Release Animals) from a Participating Locality that is kept in the New Pound Facility (collectively, the "Participating Locality's Per Diem Charge Liability"). The provisions of Section 5.1.3 shall govern payment of the Participating Locality's Per Diem Charge Liability. 5.1.2 Once the New Pound Facility is Placed in Service, each Participating Locality shall pay to the RVSPCA its Proportionate Share in twelve (or less, if the Fiscal Year is not a full year) equal monthly installments, subject to appropriation of funds for such purpose by the governing body of the Participating Locality. Each monthly installment shall be paid to the RVSPCA on or before the twenty fifth (25t~') day of that month. 13 5.1.3. A Participating Locality shall not be required at any time during the Fiscal Year to pay any portion of the Participating Locality's Per Diem Charge Liability if the Participating Locality pays on a timely basis all of the installments of its Proportionate Share. However, if at any time during a Fiscal Year a Participating Locality fans to pay any single installment of its Proportionate Share and such failure is not corrected within ten (10) days after receipt of written notice from RVSPCA, the Participating Locality shall thereafter pay, from time to time during the Fiscal Year and within forty-five (45) days after demand, invoice(s) provided by the RVSPCA and in amounts equal to the then accrued but unpaid Participating Locality's Per Diem Charge Liability for the Fiscal Year. A Participating Locality shall not be required at any time during the Fiscal Year to pay any portion of the Participating Locality's Per Diem Charge Liability if the total, at that point in time, of the prior payment by the Participating Locality for the Fiscal Year of: (i) installments of its Proportionate Share; and (ii) invoices for the Participating Locality's Per Diem Charge Liability, equals or exceeds the total amount of the monthly installments of the Participating Locality's Proportionate Share then due and payable. 5.1.4. In the event the total Net Expenses for a Fiscal Year exceed the total amounts collected from the Participating Localities pursuant to Sections 5.1.2 and 5.1.3, each Participating Locality shall pay an amount equal to the excess Net Expenses multiplied by the Use Percentage for that Participating Locality, subject to the appropriation of funds for such purpose by the governing body of the Participating Locality. Such amounts shall be paid by each Participating Locality within forty-five (45) days after receipt of an invoice from RVSPCA and shall be used by RVSPCA only to pay unpaid Net Expenses including the replenishment of Reserve Funds. 5.1.5 If not paid when due, any unpaid installment of the Proportionate Share of a Participating Locality or any other amount payable by a Participating Locality hereunder shall bear interest, to the extent allowed by law, at the legal rate as set forth in §6.1-330.53 of the Code of Virginia (1950), as amended, or its successor section, and be subject to a 10% penalty, to the extent allowed by law. 5.1.6 If two or more payments required to be made by a Participating Locality under this Article V are not paid when due, the privilege of that Participating Locality's representative to vote on all Advisory Board matters shall be suspended until all delinquent and unpaid amounts are paid in full by the Participating Locality. 5.1.7. To deliver to the RVSPCA at its New Pound Facility all Stray Animals and all Animals confiscated for running at large in the Participating Locality or otherwise violating Applicable Laws. 5.1.8. To provide, at its expense, all equipment and supplies required to administer its animal control functions under this Agreement including, but not limited to, vehicles, communications, and forms when appropriate. 14 5.1.9. To designate an Advisory Board representative and a designated person with whom communication is to be made pursuant to this Agreement. 5.1.10. To require the Participating Locality's animal control officers and other workers to comply with the reasonable rules and regulations of the RVSPCA as they pertain to the operation of the New Pound Facility. 5.1.11. To permit the RVSPCA to have control over all Animals in the New Pound Facility once the Animals are delivered to the New Pound Facility by the animal control officers, subject, however, to the requirement that RVSPCA shall comply with all Applicable Laws, and with the exception that Animals charged with being vicious or dangerous or otherwise required for evidence shall remain under the ultimate control of the Participating Locality until such time as the Participating Locality relinquishes control, in writing, to the RVSPCA. 5.1.12. To promptly notify RVSPCA of any changes in the provisions of the codes of the Participating Locality, the laws of the Commonwealth of Virginia as well as other Applicable Laws and the pertinent rules, regulations and procedures governing the animal control fiulctions of the Participating Locality. 5.1.13. To provide on a timely basis all Participating Locality reviews and approvals and Advisory Board input and approvals set forth in this Agreement. 5.1.14. If for any reason other than a default by RVSPCA described in Section 16.1, the New Pound Facility is not constructed or Placed In Service, or if no Animals are placed at the New Pound Facility, each Participating Locality shall reimburse the RVSPCA for its share of all Net Expenses and Project Costs and Start Up Costs for the New Pound Facility incurred by RVSPCA and not previously paid by the Participating Localities; provided, however, that the payment required by any Participating Locality will be subject to the appropriation of funds for such purpose by the governing body of the Participating Locality. Each Participating Locality's share of all Net Expenses and Project Costs and Start Up Costs shall be calculated by multiplying the total unpaid amount by the Use Percentage for that Participating Locality. 5.1.15. Pursuant to Virginia Code Section 2.2-4343.1(D), the Participating Localities give notice that they do not discriminate against faith-based organizations. ARTICLE VI Annual Report Section 6.1 Annual Report The RVSPCA shall provide to the Participating Localities, on or before December 1st of each year, a report audited by an independent certified public accountant selected 15 by the Advisory Board and showing the quantity and types of Animals received during the prior year as well as the disposition of those Animals, broken down by Participating Locality, for the preceding Fiscal Year. ARTICLE VII Annual Budget, Funds Section 7.1 Annual Budget Preparation 7.1.1. Subject to approval from the Advisory Board, which approval shall not be unreasonably withheld, the RVSPCA shall provide to the Participating Localities, on or before February 1st of each year, the Annual Budget for the next Fiscal Year for the New Pound Facility including any proposed capital projects (for planning purposes) and use of funds from the Maintenance Reserve Fund (together with any approved amendments, the "Annual Budget"). For each Fiscal Year in which the New Pound Facility will be in operation, such Annual Budget shall set forth the Operating Component and the Debt Service Component of the Per Diem Charge for the use of a Cage in the New Pound Facility by the Participating Localities as well as the projected number of Cages to be used by each Participating Locality during the Fiscal Year. Such Per Diem Charge shall be sufficient to generate revenue adequate to pay anticipated Net Expenses and to fund the Reserve Funds. Subject to approval from the Advisory Board, which approval shall not be unreasonably withheld, the Per Diem Charge shall be revised during the year upon ninety (90) days prior written notice from the RVSPCA to the Participating Localities when the actual Net Expenses are materially and substantially greater than the budgeted Net Expenses. The RVSPCA agrees to set, and revise as needed (with approval from the Advisory Board as previously stated), the Operating Component in an amount sufficient to generate revenue adequate to pay Net Expenses (other than the Debt Service Component) and to fund the Operating Reserve Fund and the Maintenance Reserve Fund for the care, maintenance and subsistence of the Animals and the maintenance and repair of the New Pound Facility. RVSPCA also agrees to set, and revise as needed (with approval from the Advisory Board as previously stated), the Debt Service Component in an amount sufficient to generate revenue adequate to pay debt service on the Authority's Bonds and Notes and to fund the Debt Service Reserve Fund. The budgeted amounts set forth in an Annual Budget shall be reduced ratably and proportionately if the first and last years of the term of this Agreement are less than a full year in length. 7.1.2. Each Participating Locality hereby recommends that its City Manager, County Administrator, or Town Manager, as the case may be, include in each annual budget submitted to the governing body of his or her jurisdiction or in an amendment thereto, sufficient funds to cover the Participating Locality's Proportionate Share due to the RVSPCA in each Fiscal Year or as may be required by Section 5.1.14. Each Participating Locality's City Manager, County Administrator, or Town Manager, as the case may be, shall notify the RVSPCA: (i) by July 1 of each year, of the amount so 16 budgeted by the Participating Locality, and (ii) at any time, of any amendments to the amount so budgeted by the Participating Locality. 7.1.3. To assist the Participating Localities in estimating their obligations to the RVSPCA, the RVSPCA will develop a policy, which it may amend from time to time, for forecasting its revenues and expenditures over future periods of up to five years beyond the then current Fiscal Year for the New Pound Facility. The forecast will be revised annually and distributed to the Participating Localities during their annual budget setting process. 7.1.4. A preliminary Annual Budget for the first year of operation of the New Pound Facility has been initially reviewed by RVSPCA and the Participating Localities. As final data is obtained for both the Operating Component and the Debt Service Component for the first year of operation of the New Pound Facility, or part thereof, RVSPCA will submit revised budgets to the Participating Localities for their fiscal budgeting process as set forth in this Article VII. Section 7.2 Payments from Other Jurisdictions Within the limits allowed by Applicable Laws, the RVSPCA, with approval from the Advisory Board, shall establish a per diem charge or charges (which may be greater than the amounts charged to the Participating Localities) for the use of Cages and the care, maintenance and subsistence of Animals from non-participating localities. Such non-member per diem charges shall be due and payable to the RVSPCA from non- participating localities having animals in the New Pound Facility no later than 45 days from receipt of the invoices and if not paid when due shall bear interest and penalty at such rate as the RVSPCA shall establish unless otherwise provided by Applicable Law. Section 7.3 O erating Reserve Fund An Operating Reserve Fund shall be established as a separate account and shall be used to cover cash flow during periods when the RVSPCA 's revenues may not be sufficient to cover its Net Expenses other than the Debt Service Component and required payments to Reserve Funds. Initially, the Operating Reserve Fund shall be established in an amount necessary to pay all Net Expenses set forth in the Annual Budget (other than the Debt Service Component and required payments to Reserve Funds) for a ninety (90) day period (the "90 Day Level") and shall be capitalized, to the extent allowed by law, from the original borrowing. Thereafter, the total aggregate amount contributed to the Operating Reserve Fund shall not exceed the 90 Day Level. Any amount received for the Operating Reserve Fund in excess of the 90 Day Level shall be first applied by the RVSPCA to bring the balances in the other Reserve Funds to their required levels (as set forth in this Agreement and shown in the Annual Budget) and any funds then remaining shall be credited (and applied against future payments) to the Participating Localities in proportion to the revenues received from each Participating Locality in the month the excess funds are received. In order to maintain the balance in this account at the 90 Day Level, the RVSPCA shall include an amount in the Annual Budget (which shall be 17 reflected in the Per Diem Charges) of fifteen percent (15%) of the operating budget for the Fiscal Year. In the event the amount of the Operating Reserve Fund falls below an amount necessary to pay all Net Expenses set forth in the Annual Budget (other than the Debt Service Component and required payments to Reserve Funds) for a sixty (60) day period (the "60 Day Level"), the Participating Localities shall pay sufficient amounts, including the budgeted 15% payments, to replenish the Operating Reserve Fund to the 60 Day Level within six months after the amount of the Operating Reserve Fund drops below the 60 Day Level. Section 7.4 Maintenance Reserve Fund The RVSPCA agrees to provide for a Maintenance Reserve Fund in each of its Annual Budgets (with contributions to the Fund to be reflected in the Per Diem Charges) in an amount equal to ten percent (10%) of the budgeted Net Expenses for the Fiscal Year, not including the Debt Service Component and required payments to Reserve Funds, until such time as the total aggregate amount contributed to the Maintenance Reserve Fund equals fifteen percent (15%) of the actual Construction Costs of the New Pound Facility. The Maintenance Reserve Fund shall be established as a separate account, shall be administered by the RVSPCA subject to approval from and monitoring by the Advisory Board, and shall be used by the RVSPCA for the repair and replacement of the New Pound Facility and the Cages and other equipment, catastrophic losses and capital expenditures to maintain the New Pound Facility and the equipment in good operating condition. Any disbursements from the Maintenance Reserve Fund, not otherwise budgeted as part of the Annual Budget, shall be subject to approval by the Advisory Board. Section 7.5 Debt Service Reserve Fund The RVSPCA agrees to provide for a Debt Service Reserve Fund as reasonably required by the lender providing financing for the New Pound Facility. This Fund shall be capitalized, to the extent allowed by law, in the borrowing for the New Pound Facility. Section 7.6 Allocation of Excess Reserve Funds If at the end of any Fiscal Year there are funds in any of the Reserve Funds in excess of the amounts required to be maintained in that Fund and there is also a deficiency in an amount required to be maintained in one of the other Reserve Funds, RVSPCA, with approval from the Advisory Board, shall transfer sufficient excess funds to bring another Reserve Fund to its required level. Funds shall be transferred to the Reserve Funds in the following order: (i) Debt Service Reserve Fund; (ii) Operating Reserve Fund; and (iii) Maintenance Reserve Fund. Section 7.7 Distribution of Excess Funds If at the end of any Fiscal Year: 18 (1) the total revenues collected by the RVSCPA for the Fiscal Year exceed the total of: (i) the Expenses paid by the RVSPCA during the Fiscal Year; plus (ii) the accrued liability at the end of the Fiscal Year for unpaid Expenses incurred by RVSPCA; and there are excess cash funds available for distribution in such amount (hereinafter defined as the "Excess Funds"); and (2) all of the Reserve Funds have been fully funded to their maximum required levels as set forth herein; then, (x) one-half (1/2) of the Excess Funds shall be refunded to all of the Participating Localities with each Participating Locality's proportionate amount to be equal to the total revenues paid by each Participating Locality during the Fiscal Year divided by the total revenues paid by all Participating Localities during the Fiscal Year; and (y) one-half (1/2) of the Excess Funds shall be paid to the RVSPCA to be used for RVSPCA programs that serve to reduce the number of Stray Animals and Owner Release Animals. ARTICLE VIII Non-Appropriation of Funds Section 8.1 Non-Appropriation of Funds Although the Participating Localities reasonably believe that they will continue to have an essential need and requirements, pursuant to Applicable Laws, for the impoundment, office, related facilities and services indicated above for the duration of this Agreement, and reasonably believe that funds will be available and appropriated to make all payments for the original term of this Agreement, the obligation of each Participating Locality to make payments required by this Agreement, other than payments of the Participating Locality's Per Diem Charge Liability in accordance with the terms of Article V, shall be subject to and contingent upon appropriations being made for such purposes by the Participating Locality's governing body. Any other provision to the contrary notwithstanding, this Agreement and the obligations herein shall not constitute a debt of the Participating Localities within the meaning of any limitation on indebtedness of the Participating Localities under any constitutional or statutory limitation, and nothing in this Agreement shall constitute a pledge or the full faith and credit of any Participating Locality under any provision of its Charter, as applicable, or the Constitution of Virginia. Section 8.2 Agreement to Procure RVSPCA Services At any time during the thirty (30) years constituting the original term of this Agreement that funds are appropriated and are available for the purchase, lease or rental 19 of facilities by the Participating Localities to perform, either internally through its own operations or externally through the purchase of services from a service provider, a similar function as the New Pound Facility described herein, the Participating Localities shall, to the maximum extent permitted by Applicable Laws, use such funds to procure such facilities and services from the RVSPCA. ARTICLE IX Books and Records The RVSPCA or its approved subcontractor shall maintain proper books of record and accounts in which proper entries shall be made in accordance with generally accepted accounting principles for governmental bodies, consistently applied, of all of its business and affairs related to the New Pound Facility. The RVSPCA shall also establish and maintain adequate financial policies and procedures to ensure the safeguarding of the New Pound Facility. All books of record and accounts and documents in the RVSPCA's and its approved subcontractor's possession relating to the New Pound Facility shall at all reasonable times be open to inspection by such agents or employees of the Participating Localities as they may designate upon forty-eight (48) hours prior notice. The RVSPCA shall have an annual audit performed by an independent certified public accountant, selected by the Advisory Board, with regard to finances associated with the New Pound Facility. A copy of this audit shall be provided to the Participating Localities on or before December 1 of each year. ARTICLE X Participating Localities Indemnify RVSPCA Section 10.1 Participating Localities Indemnity To the extent permitted by law, a Participating Locality shall indemnify and hold harmless the RVSPCA and its officers, directors, employees, agents, volunteers and subcontractors (collectively, the "RVSPCA Indemnified Parties") for, from and against any and all claims for bodily and personal injuries, deaths, property damage and clean up costs, including costs of investigation, all expenses of litigation (to the extent the matter is not defended by the indemnifying party's counsel) including reasonable attorneys fees and the cost of appeals arising out of any such claims or suits, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses and disbursements (collectively, the "Indemnified Losses") which may be imposed on, incurred by or asserted against a RVSPCA Indemnified Party and directly arising out of any and all negligent or willful acts of omission or commission by the Participating Locality, its officers, agents, volunteers, employees or subcontractors in the performance of this Agreement or any transactions contemplated hereby; provided, however, the Participating Locality shall not be liable for any portion of the foregoing Indemnified Losses to the extent that such portion arises from the contributory negligence, gross negligence or 20 willful misconduct of such RVSPCA Indemnified Party. An RVSPCA Indemnified Parry shall promptly notify the Participating Localities of an indemnification claim and give the Participating Localities information, assistance and exclusive authority to settle and defend such claim. Section 10.2 Sovereign Immunity The RVSPCA acknowledges and agrees that the Participating Localities do not waive and specifically preserve their right of sovereign immunity under the statutory and case law of the Commonwealth of Virginia. It is further agreed that the above indemnification provisions apply only to the extent that the Indemnified Parties give notice of any claim as required by the laws of the Commonwealth of Virginia. ARTICLE XI RVSPCA Indemnifies Participating Localities Section 11.1 RVSPCA Indemnity RVSPCA hereby agrees to indemnify and hold harmless the Participating Localities and their officers, agents, employees, volunteers and subcontractors (collectively, the "Participating Locality Indemnified Parties"), for, from and against any and all claims for Indemnified Losses which may be imposed on, incurred by or asserted against a Participating Locality Indemnified Party and directly arising out of any and all negligent or willful acts of omission or commission by the RVSPCA, its officers, agents, employees, volunteers or subcontractors in the performance of this Agreement or any transactions contemplated hereby; provided, however, that the RVSPCA shall not be liable for any portion of the foregoing Participating Locality Indemnified Losses to the extent that such portion arises from the contributory negligence, gross negligence or willful misconduct of the Participating Locality Indemnified Party. A Participating Locality Indemnified Party shall promptly notify RVSPCA of an indemnification claim and give RVSPCA information, assistance and exclusive authority to settle and defend such claim. Section 11.2 Limitation of Liability The total liability of RVSPCA, including its directors, officers, agents, employees, volunteers and subcontractors, for all claims of any kind for any loss or damage, whether in contract, warranty, tort, strict liability or otherwise, arising out of, connected with, or resulting from the performance or non-performance of this Agreement or the furnishing of any service hereunder, shall not exceed the greater of: (i) the amount of any insurance coverage required under the terms of this Agreement; or (ii) if no insurance coverage is available through no fault of the RVSPCA, One Hundred Thousand Dollars ($100,000.00); or (iii) if no insurance coverage is available because of the RVSPCA's fault, an amount equal to the amount of any insurance coverage that was required as set forth in Section 21 4.1.4. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, SHALL RVSPCA OR ITS OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS OR SUBCONTRACTORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR DOWNTIME COSTS. ARTICLE XII Tax Exemption Covenant Section 12.1 General Covenant The Authority intends to issue the Notes and Bonds in a manner such that their interest is excludable from gross income for Federal income tax purposes under Section 103(a) and related provisions of the Internal Revenue Code of 1986, as amended., and applicable rules and regulations. The RVSPCA and each Participating Locality agree that after the Notes and Bonds have been issued they will not take any action or omit to take any action which would adversely affect such exclusion. Section 12.2 Allocation of Tax Exemption Amounts If such an allocation is necessary, the Participating Localities, each of whom will receive a benefit from the construction of the New Pound Facility and the financing thereof by the Authority, agree pursuant to Section 26~(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, to allocate the amount of each issue of tax-exempt Obligations issued by the Authority for the initial construction of the New Pound Facility, including design and preliminary site work, to themselves on the same percentage basis as set forth in Schedule A. The Participating Localities find this method of allocation reasonable in light of their anticipated benefits to be derived from the New Pound Facility. ARTICLE XIII Additional Participation Any city, town or county in Virginia may, with the approval of its governing body and with the consent of the RVSPCA and the governing bodies of all of the Participating Localities, use the New Pound Facility pursuant to the terms and provisions of this Agreement and such additional terms and conditions for participation as may be prescribed by the RVSPCA and the Participating Localities. 22 ARTICLE XIV Representations, Warranties and Covenants of RVSPCA In addition to the covenants in other Articles of this Agreement, the RVSPCA represents, warrants and covenants as follows: Section 14.1 Organization, Authorization and Validity The RVSPCA is duly organized and validly .existing under the laws of the Commonwealth of Virginia and has duly authorized, executed and delivered this Agreement. Section 14.2 Authorization The RVSPCA has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by the RVSPCA would prevent or materially and adversely affect the RVSPCA's ability to perform the terms of this Agreement. Section 14.3 Non-Contravention The execution and delivery of this Agreement by the RVSPCA and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of the bylaws of the RVSPCA or any material indenture, contract or other agreement or arrangement to which the RVSPCA is a party or by which any of its properties are bound, or any Applicable Law by which the RVSPCA or the New Pound Facility is bound. Section 14.4 Litigation The RVSPCA is not a party to any legal, administrative, arbitration or other proceeding or controversy pending, or, to the best of the RVSPCA's knowledge, threatened, which would materially adversely affect the RVSPCA's ability to perform under this Agreement. Section 14.5 Approvals Except for permits from local governmental authorities to Place In Service the New Pound Facility and to use the New Pound Facility, the RVSPCA does not require the consent or approval of any governmental body to carry out the terms of this Agreement. 23 ARTICLE XV Representations, Warranties and Covenants of Participating Localities Each Participating Locality represents, warrants and covenants for itself as follows: Section 15.1 Organization, Authorization and Validity. Each Participating Locality is a political subdivision of the Commonwealth duly organized and validly existing under the laws of the Commonwealth, and each has duly authorized, executed and delivered this Agreement. Section 15.2 Authorization. Each Participating Locality has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, contract or other agreement or arrangement, the performance of which by it would prevent or materially and adversely affect its individual performance under this Agreement. Section 15.3 Non-Contravention. The execution and delivery of this Agreement by each Participating Locality and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Law by which it is bound. Section 15.4 Litigation. No Participating Locality is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened., which would materially and adversely affect its ability to perform under this Agreement. ARTICLE XVI Defaults and Remedies Section 16.1 Default by RVSPCA. The occurrence of any one or more of the following events of default, and the continuance of such default for thirty days (ten days for a monetary default described in (i)) after written notice specifying the default and requiring it to be remedied has been 24 given to the RVSPCA by any Participating Locality, will constitute an "Event of Default" by the RVSPCA ("RVSPCA Default"): (i) if the amounts required to be paid by the Participating Localities under Article V have been paid, the failure of the RVSPCA to pay principal of or interest when due on any Notes, Bonds or other temporary or permanent financing for the New Pound Facility; (ii) if the RVSPCA is for any reason rendered incapable of performing any of its material obligations under this Agreement; (iii) the RVSPCA makes an assignment of all or a portion of its obligations under this Agreement without the prior written consent of the Participating Localities; (iv) if the amounts required to be paid by the Participating Localities under Article V have been paid and the RVSPCA defaults on any of its material obligations under any agreement pursuant to which any Notes, Bonds or other temporary or permanent financing for the New Pound Facility is obtained by the RVSPCA and such default is not cured within the applicable cure period; (v) any proceeding is instituted, with the consent or acquiescence of the RVSPCA, for the purpose of effecting a composition between the RVSPCA and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted; or (vi) the RVSPCA defaults in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in this Agreement. Section 16.2 Default by Participating Localities. The occurrence of any one or more of the following events of default, and (a) the continuance of such default for thirty days (ten days for a monetary default described in (i)) after written notice specifying the default and requiring it to be remedied has been given to such Participating Locality by the RVSPCA with copies to all of the other Participating Localities, and (b) such default has not been remedied by action of the remaining Participating Localities during the applicable 10 or 30 day cure period, will constitute an "Event of Default" by any Participating Locality ("Participating Locality Default"): (i) failure of any Participating Locality to make payments when due as set forth in Article V; (ii) any Participating Locality shall for any reason be rendered incapable of fulfilling its obligations under this Agreement; (iii) any proceeding is instituted, with the consent or acquiescence of any Participating Locality, for the purpose of effecting a composition between such 25 Participating Locality and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted; or (iv) any Participating Locality defaults in the due and punctual performance of any of the other covenants, conditions, agreements and provisions contained in this Agreement. Section 16.3 Remedies of Participating Localities. Upon the occurrence of a RVSPCA Default, any Participating Locality, after giving notice of such RVSPCA Default to all parties, may bring suit by specific performance, injunction or other appropriate proceeding to require the RVSPCA to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. Section 16.4 Remedies of RVSPCA. Upon the occurrence of a Participating Locality Default, the RVSPCA, after giving notice of such Participating Locality Default to all parties, may bring suit by mandamus, specific performance, injunction or other appropriate proceeding to require the Participating Locality to perform its duties under this Agreement or to enjoin any acts in violation of this Agreement. Section 16.5 Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved to the parties is intended to be exclusive of any other remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE XVII Independent Contractor It is understood by the parties that the RVSPCA shall perform its duties and responsibilities under this contract as independent contractors and not as agents or servants of the Participating Localities, nor shall the officers and employees of the RVSPCA be deemed agents or employees of the Participating Localities for any purpose. The RVSPCA's officers shall exercise control and supervision over its personnel in the performance of their work, provided, however, that as a principal, the Participating Localities retain an interest in the quality of services performed by the RVSPCA but the Participating Localities shall have no concern in or control over the manner in which work is performed by personnel of the RVSPCA. This provision is not meant to prohibit or discourage cooperation between the RVSPCA and the Participating Localities; rather, such cooperation is expected and encouraged. 26 ARTICLE XVIII Term The term of this Agreement shall begin on the earlier of: (i) the date the Obligations are issued; or (ii) the first day of the month after the New Pound Facility is Placed In Service, and shall continue until June 30, 2032. Thereafter the Agreement shall be renewed for another Fiscal Year on the same terms and conditions unless either party gives to the other party written notice of its intent not to renew one hundred eighty (180) days prior to the renewal date. ARTICLE XIX Nondiscrimination During the performance of this Agreement the RVSPCA agrees as follows: (i) it will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor, and it agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; (ii) all solicitations or advertisements for employees placed by or on behalf of the RVSPCA, will state that the RVSPCA is an equal employment opportunity employer; (iii) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section regarding notices, advertisements and solicitations; and (iv) the RVSPCA will include the provisions of the foregoing subsections (i), (ii) and (i) in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. ARTICLE XX Drug-Free Workplace During the performance of this Agreement the RVSPCA agrees as follows: (i) it will provide adrug-free and smoke-free workplace for its employees; (ii) it will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) it will state in all solicitations or advertisements for employees placed by or on behalf of the RVSPCA that it maintains adrug-free workplace; and (iv) it will 27 include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" and "smoke-free workplace" means a site for the performance of work done in connection with this Agreement. ARTICLE XXI Notices Any notice required or permitted to be given under the Agreement shall be provided in writing by first class mail or in person, and notice shall be effective upon such mailing or delivery. NOTICE to the City of Roanoke shall be provided to: City Manager 215 Church Avenue, Room 354 Roanoke, Virginia 24011 NOTICE to the Town of Vinton shall be provided to: William L. Heartwell, III Town Attorney P.O. Box 470 Fincastle, VA 24090 NOTICE to the County of Roanoke shall be provided to: County Administrator Post Office Box 29800 Roanoke, Virginia 24018 NOTICE to the County of Botetourt shall be provided to: William L. Heartwell, III County Attorney P.O. Box 470 Fincastle, VA 24090 28 NOTICE to the RVSPCA shall be provided to: Executive Director RVSPCA P.O. Box 11863 Roanoke, VA 34022 With a copy of any notice to RVSPCA to be provided to: Flippin Densmore Morse & Jessee P.O. Box 1200 Roanoke, VA 24006 ARTICLE XXII Severability of Invalid Provisions If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section had not been contained in it. ARTICLE XXIII Governing Laws This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Virginia without reference to its conflict of law principles. ARTICLE XXIV Amendments This Agreement may be changed or amended only with the written consent of the RVSPCA, all of the Participating Localities and the holders of the Obligations. No such change or amendment may be made which will affect adversely the prompt payment when due of all moneys required to be paid by the Participating Localities under the terms of this Agreement, and no such change or amendment shall be effective which would cause a violation of any provision of any resolution, indenture or agreement pursuant to which any Notes, Bonds or other temporary or permanent financing for the New Pound Facility is issued or obtained by the RVSPCA. 29 ARTICLE XXV Waiver Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any of the Participating Localities' obligations to make payments when due of all monies required to be paid by the Participating Localities under the terms of this Agreement. ARTICLE XXVI Excusable Delays RVSPCA shall not be liable for delays in delivery or failure to perform due directly or indirectly to: (i) causes beyond RVSPCA's or its subcontractor's reasonable control, (ii) Acts of God, acts (including failure to act) of any governmental authority (de jure or de facto), wars (declared or undeclared), riots, revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear incidents, earthquakes, storms, epidemics, (iii) RVSPCA's or its subcontractor's inability to timely obtain necessary materials, items, components or services from suppliers who are affected by the foregoing circumstances, or (iv) the failure of the Participating Localities to perfornl any or all of its obligations hereunder in a timely manner. ARTICLE XVII Entire Agreement This Agreement together with Schedule A which is incorporated herein by reference constitutes the entire understanding and agreement between the Participating Localities and RVSPCA concerning the subject matter hereof and any negotiations, prior discussions, representations, promises, understandings, proposals, agreements, warranties, course of dealing or trade usage not expressly contained or referenced herein shall not be binding on either party. The terms and provisions of Section 4.1.19, 8.2, 10.2 and 11.2 shall survive the termination or expiration of this Agreement. [END OF TEXT] 30 In Witness Whereof the parties have executed this Agreement as of the date set forth on the first page of the Agreement. WITNESS: ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC. By: Chairman This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November _, 2001. 31 ATTEST: City Clerk Approved as to Form: CITY OF ROANOKE, VIRGINIA By: Darlene L. Burcham, City Manager Approved as to Execution: City Attorney City Attorney City of Roanoke City of Roanoke Appropriation and Funds Required for this Contract Certified: Director of Finance Date Acct # This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November _, 2001. 32 ATTEST: Approved as to Form: Town Attorney Town of Vinton TOWN OF VINTON, VIRGINIA By: Approved as to Execution: Town Attorney Town of Vinton This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November , 2001. 33 ATTEST: County Clerk Approved as to Form: County Attorney County of Roanoke COUNTY OF ROANOKE, VIRGINIA By: Name: Approved as to Execution: County Attorney County of Roanoke This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November , 2001. 34 ATTEST: County Clerk Approved as to Form: County Attorney County of Botetourt COUNTY OF BOTETOURT, VIRGINIA By: Name: Approved as to Execution: County Attorney County of Botetourt This is a signature page to that certain Roanoke Valley Regional Pound Facility Services Agreement dated as of November , 2001. 35 ROANOKE VALLEY REGIONAL POUND FACILITY SERVICES AGREEMENT SCHEDULE A The Participating Localities hereby agree that the historical pro-rata usage, over the past three years, of the regional pound facility operated by the RVSPCA is as follows: Roanoke City 51 Roanoke County 22% Botetourt County 22% Town of Vinton 5% Beginning with the fourth year, and every three years thereafter, the Advisory Board shall review usage criteria for the most recent three-year period and, if necessary, will revise the above percentages based on the new data for the historical use of the New Pound Facility. RVSPCApound servicesagreement.11.05.01 36